[USC02] 36 USC Ch. 3001: THE AMERICAN NATIONAL RED CROSS
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36 USC Ch. 3001: THE AMERICAN NATIONAL RED CROSS
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle III—Treaty Obligation Organizations

CHAPTER 3001—THE AMERICAN NATIONAL RED CROSS

Sec.
300101.
Organization.
300102.
Purposes.
300103.
Membership and chapters.
300104.
Board of governors.
300105.
Powers.
300106.
Emblem, badge, and brassard.
300107.
Annual meeting.
300108.
Buildings.
300109.
Endowment fund.
300110.
Annual report and audit.
300111.
Authority of the Comptroller General of the United States.
300112.
Office of the Ombudsman.
300113.
Reservation of right to amend or repeal.

        

Amendments

2007Pub. L. 110–26, §11(b), May 11, 2007, 121 Stat. 110, added items 300111 to 300113 and struck out former item 300111 "Reservation of right to amend or repeal".

§300101. Organization

(a) Federal Charter.—The American National Red Cross (in this chapter, the "corporation") is a Federally chartered instrumentality of the United States and a body corporate and politic in the District of Columbia.

(b) Name.—The name of the corporation is "The American National Red Cross". The corporation may conduct its business and affairs, and otherwise hold itself out, as the "American Red Cross" in any jurisdiction.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490; Pub. L. 110–26, §3, May 11, 2007, 121 Stat. 105.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300101 36:1. Jan. 5, 1905, ch. 23, §1, 33 Stat. 599.
  36:1a. May 8, 1947, ch. 50, §8, 61 Stat. 83.
  36:2 (1st sentence words before 2d comma). Jan. 5, 1905, ch. 23, §2 (1st sentence words before 2d comma), 33 Stat. 600; May 8, 1947, ch. 50, §3, 61 Stat. 81.

This section is substituted for the source provisions to eliminate unnecessary and obsolete language.

Amendments

2007—Subsec. (a). Pub. L. 110–26, §3(1), inserted "a Federally chartered instrumentality of the United States and" before "a body corporate and politic".

Subsec. (b). Pub. L. 110–26, §3(2), inserted at end "The corporation may conduct its business and affairs, and otherwise hold itself out, as the 'American Red Cross' in any jurisdiction."

Findings; Sense of Congress

Pub. L. 110–26, §2, May 11, 2007, 121 Stat. 103, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) Substantive changes to the Congressional Charter of The American National Red Cross have not been made since 1947.

"(2) In February 2006, the board of governors of The American National Red Cross (the 'Board of Governors') commissioned an independent review and analysis of the Board of Governors' role, composition, size, relationship with management, governance relationship with chartered units of The American National Red Cross, and whistle blower and audit functions.

"(3) In an October 2006 report of the Board of Governors, entitled 'American Red Cross Governance for the 21st Century' (the 'Governance Report'), the Board of Governors recommended changes to the Congressional Charter, bylaws, and other governing documents of The American National Red Cross to modernize and enhance the effectiveness of the Board of Governors and governance structure of The American National Red Cross.

"(4) It is in the national interest to create a more efficient governance structure of The American National Red Cross and to enhance the Board of Governors' ability to support the critical mission of The American National Red Cross in the 21st century.

"(5) It is in the national interest to clarify the role of the Board of Governors as a governance and strategic oversight board and for The American National Red Cross to amend its bylaws, consistent with the recommendations described in the Governance Report, to clarify the role of the Board of Governors and to outline the areas of its responsibility, including—

"(A) reviewing and approving the mission statement for The American National Red Cross;

"(B) approving and overseeing the corporation's strategic plan and maintaining strategic oversight of operational matters;

"(C) selecting, evaluating, and determining the level of compensation of the corporation's chief executive officer;

"(D) evaluating the performance and establishing the compensation of the senior leadership team and providing for management succession;

"(E) overseeing the financial reporting and audit process, internal controls, and legal compliance;

"(F) holding management accountable for performance;

"(G) providing oversight of the financial stability of the corporation;

"(H) ensuring the inclusiveness and diversity of the corporation;

"(I) ensuring the chapters of the corporation are geographically and regionally diverse;

"(J) providing oversight of the protection of the brand of the corporation; and

"(K) assisting with fundraising on behalf of the corporation.

"(6)(A) The selection of members of the Board of Governors is a critical component of effective governance for The American National Red Cross, and, as such, it is in the national interest that The American National Red Cross amend its bylaws to provide a method of selection consistent with that described in the Governance Report.

"(B) The new method of selection should replace the current process by which—

"(i) 30 chartered unit-elected members of the Board of Governors are selected by a non-Board committee which includes 2 members of the Board of Governors and other individuals elected by the chartered units themselves;

"(ii) 12 at-large members of the Board of Governors are nominated by a Board committee and elected by the Board of Governors; and

"(iii) 8 members of the Board of Governors are appointed by the President of the United States.

"(C) The new method of selection described in the Governance Report reflects the single category of members of the Board of Governors that will result from the implementation of this Act [see Short Title of 2007 Amendment note set out under section 101 of this title]:

"(i) All Board members (except for the chairman of the Board of Governors) would be nominated by a single committee of the Board of Governors taking into account the criteria outlined in the Governance Report to assure the expertise, skills, and experience of a governing board.

"(ii) The nominated members would be considered for approval by the full Board of Governors and then submitted to The American National Red Cross annual meeting of delegates for election, in keeping with the standard corporate practice whereby shareholders of a corporation elect members of a board of directors at its annual meeting.

"(7) The United States Supreme Court held The American National Red Cross to be an instrumentality of the United States, and it is in the national interest that the Congressional Charter confirm that status and that any changes to the Congressional Charter do not affect the rights and obligations of The American National Red Cross to carry out its purposes.

"(8) Given the role of The American National Red Cross in carrying out its services, programs, and activities, and meeting its various obligations, the effectiveness of The American National Red Cross will be promoted by the creation of an organizational ombudsman who—

"(A) will be a neutral or impartial dispute resolution practitioner whose major function will be to provide confidential and informal assistance to the many internal and external stakeholders of The American National Red Cross;

"(B) will report to the chief executive officer and the audit committee of the Board of Governors; and

"(C) will have access to anyone and any documents in The American National Red Cross.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) charitable organizations are an indispensable part of American society, but these organizations can only fulfill their important roles by maintaining the trust of the American public;

"(2) trust is fostered by effective governance and transparency, which are the principal goals of the recommendations of the Board of Governors in the Governance Report and this Act;

"(3) Federal and State action play an important role in ensuring effective governance and transparency by setting standards, rooting out violations, and informing the public;

"(4) while The American National Red Cross is and will remain a Federally chartered instrumentality of the United States, and it has the rights and obligations consistent with that status, The American National Red Cross nevertheless should maintain appropriate communications with State regulators of charitable organizations and should cooperate with them as appropriate in specific matters as they arise from time to time; and

"(5) while The American National Red Cross is and will remain a Federally chartered instrumentality of the United States, and it has the rights and obligations consistent with that status, The American National Red Cross nevertheless should maintain appropriate communications and collaborations with local, community, and faith-based non-profit organizations, including those organizations that work within minority communities."

§300102. Purposes

The purposes of the corporation are—

(1) to provide volunteer aid in time of war to the sick and wounded of the Armed Forces, in accordance with the spirit and conditions of—

(A) the conference of Geneva of October 1863;

(B) the treaties of the Red Cross, or the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949, to which the United States of America has given its adhesion; and

(C) any other treaty, convention, or protocol similar in purpose to which the United States of America has given or may give its adhesion;


(2) in carrying out the purposes described in paragraph (1) of this section, to perform all the duties devolved on a national society by each nation that has acceded to any of those treaties, conventions, or protocols;

(3) to act in matters of voluntary relief and in accordance with the military authorities as a medium of communication between the people of the United States and the Armed Forces of the United States and to act in those matters between similar national societies of governments of other countries through the International Committee of the Red Cross and the Government, the people, and the Armed Forces of the United States;

(4) to carry out a system of national and international relief in time of peace, and to apply that system in mitigating the suffering caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry out measures for preventing those calamities; and

(5) to conduct other activities consistent with the foregoing purposes.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490; Pub. L. 110–26, §4, May 11, 2007, 121 Stat. 105.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300102 36:3. Jan. 5, 1905, ch. 23, §3, 33 Stat. 600; May 8, 1947, ch. 50, §4, 61 Stat. 81; July 17, 1953, ch. 222, §4(a), (b), 67 Stat. 179.

In this section, the text of 36:3 ("Third" par.) is omitted as executed.

In clause (1)(B), the date "August 12, 1949" is added to include the reference to a subsequent treaty.

In clause (2), the words "in carrying out the purposes described in clause (1) of this section" are substituted for "And for said purposes" for clarity.

In clause (3), the words "International Committee of the Red Cross" are substituted for "Comité International de Secours" because the name has been changed.

In clause (4), the word "continue" is omitted as included in "carry out".

Amendments

2007—Par. (5). Pub. L. 110–26 added par. (5).

§300103. Membership and chapters

(a) Membership.—Membership in the corporation is open to all the people of the United States and its territories and possessions, on payment of an amount specified, or as otherwise provided, in the bylaws.

(b) Chapters.—(1) The chapters of the corporation are the local units of the corporation. The corporation shall prescribe policies and regulations related to—

(A) granting charters to the chapters and revoking those charters;

(B) the territorial jurisdiction of the chapters;

(C) the relationship of the chapters to the corporation; and

(D) compliance by the chapters with the policies and regulations of the corporation.


(2) The policies and regulations shall require that each chapter adhere to the democratic principles of election specified in the bylaws in electing the governing body of the chapter and selecting delegates to the annual meeting of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491; Pub. L. 110–26, §5, May 11, 2007, 121 Stat. 106.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300103(a) 36:4a (1st par.). Jan. 5, 1905, ch. 23, §4a, as added May 8, 1947, ch. 50, §5, 61 Stat. 81.
300103(b) 36:4a (last par.).  

In subsection (a), the word "possessions" is substituted for "dependencies" for clarity and consistency in the revised title. The words "from time to time" are omitted as unnecessary.

In subsection (b)(1), before clause (A), the words "within the States and Territories of the United States" are omitted as unnecessary. The words "The board of governors shall prescribe regulations related to" are substituted for "The regulations with respect to . . . shall be as determined from time to time by the Board of Governors" for consistency in the revised title. In clause (D), the word "regulations" is substituted for "rules" for clarity and consistency in the revised title and with other titles of the United States Code.

Amendments

2007—Subsec. (a). Pub. L. 110–26, §5(1), inserted ", or as otherwise provided," before "in the bylaws".

Subsec. (b)(1). Pub. L. 110–26, §5(2), in introductory provisions, substituted "corporation shall" for "board of governors shall" and inserted "policies and" before "regulations related".

Subsec. (b)(2). Pub. L. 110–26, §5(3), inserted "policies and" before "regulations shall require" and substituted "annual meeting" for "national convention".

§300104. Board of governors

(a) Board of Governors.—

(1) In general.—The board of governors is the governing body of the corporation with all powers of governing and directing, and of overseeing the management of the business and affairs of, the corporation.

(2) Number.—The board of governors shall fix by resolution, from time to time, the number of members constituting the entire board of governors, provided that—

(A) as of March 31, 2009, and thereafter, there shall be no fewer than 12 and no more than 25 members; and

(B) as of March 31, 2012, and thereafter, there shall be no fewer than 12 and no more than 20 members constituting the entire board.


Procedures to implement the preceding sentence shall be provided in the bylaws.

(3) Appointment.—The governors shall be appointed or elected in the following manner:

(A) Chairman.—

(i) In general.—The board of governors, in accordance with procedures provided in the bylaws, shall recommend to the President an individual to serve as chairman of the board of governors. If such recommendation is approved by the President, the President shall appoint such individual to serve as chairman of the board of governors.

(ii) Vacancies.—Vacancies in the office of the chairman, including vacancies resulting from the resignation, death, or removal by the President of the chairman, shall be filled in the same manner described in clause (i).

(iii) Duties.—The chairman shall be a member of the board of governors and, when present, shall preside at meetings of the board of governors and shall have such other duties and responsibilities as may be provided in the bylaws or a resolution of the board of governors.


(B) Other members.—

(i) In general.—Members of the board of governors other than the chairman shall be elected at the annual meeting of the corporation in accordance with such procedures as may be provided in the bylaws.

(ii) Vacancies.—Vacancies in any such elected board position and in any newly created board position may be filled by a vote of the remaining members of the board of governors in accordance with such procedures as may be provided in the bylaws.


(b) Terms of Office.—

(1) In general.—The term of office of each member of the board of governors shall be 3 years, except that—

(A) the board of governors may provide under the bylaws that the terms of office of members of the board of governors elected to the board of governors before March 31, 2012, may be less than 3 years in order to implement the provisions of subparagraphs (A) and (B) of subsection (a)(2); and

(B) any member of the board of governors elected by the board to fill a vacancy in a board position arising before the expiration of its term may, as determined by the board, serve for the remainder of that term or until the next annual meeting of the corporation.


(2) Staggered terms.—The terms of office of members of the board of governors (other than the chairman) shall be staggered such that, by March 31, 2012, and thereafter, 1/3 of the entire board (or as near to 1/3 as practicable) shall be elected at each successive annual meeting of the corporation with the term of office of each member of the board of governors elected at an annual meeting expiring at the third annual meeting following the annual meeting at which such member was elected.

(3) Term limits.—No person may serve as a member of the board of governors for more than such number of terms of office or years as may be provided in the bylaws.


(c) Committees and Officers.—The board—

(1) may appoint, from its own members, an executive committee to exercise such powers of the board when the board is not in session as may be provided in the bylaws;

(2) may appoint such other committees or advisory councils with such powers as may be provided in the bylaws or a resolution of the board of governors;

(3) shall appoint such officers of the corporation, including a chief executive officer, with such duties, responsibilities, and terms of office as may be provided in the bylaws or a resolution of the board of governors; and

(4) may remove members of the board of governors (other than the chairman), officers, and employees under such procedures as may be provided in the bylaws or a resolution of the board of governors.


(d) Advisory Council.—

(1) Establishment.—There shall be an advisory council to the board of governors.

(2) Membership; appointment by president.—

(A) In general.—The advisory council shall be composed of no fewer than 8 and no more than 10 members, each of whom shall be appointed by the President from principal officers of the executive departments and senior officers of the Armed Forces whose positions and interests qualify them to contribute to carrying out the programs and purposes of the corporation.

(B) Members from the armed forces.—At least 1, but not more than 3, of the members of the advisory council shall be selected from the Armed Forces.


(3) Duties.—The advisory council shall advise, report directly to, and meet, at least 1 time per year with the board of governors, and shall have such name, functions and be subject to such procedures as may be provided in the bylaws.


(e) Action Without Meeting.—Any action required or permitted to be taken at any meeting of the board of governors or of any committee thereof may be taken without a meeting if all members of the board or committee, as the case may be, consent thereto in writing, or by electronic transmission and the writing or writings or electronic transmission or transmissions are filed with the minutes of proceedings of the board or committee. Such filing shall be in paper form if the minutes are maintained in paper form and shall be in electronic form if the minutes are maintained in electronic form.

(f) Voting by Proxy.—

(1) In general.—Voting by proxy is not allowed at any meeting of the board, at the annual meeting, or at any meeting of a chapter.

(2) Exception.—The board may allow the election of governors by proxy during any emergency.


(g) Bylaws.—

(1) In general.—The board of governors may—

(A) at any time adopt bylaws; and

(B) at any time adopt bylaws to be effective only in an emergency.


(2) Emergency bylaws.—Any bylaws adopted pursuant to paragraph (1)(B) may provide special procedures necessary for managing the corporation during the emergency. All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency.


(h) Definitions.—For purposes of this section—

(1) the term "entire board" means the total number of members of the board of governors that the corporation would have if there were no vacancies; and

(2) the term "emergency" shall have such meaning as may be provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491; Pub. L. 110–26, §6, May 11, 2007, 121 Stat. 106.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300104(a) 36:5 (matter before (a)), (a), (b), (c) (1st, 3d pars.). Jan. 5, 1905, ch. 23, §5 (matter before (a)), (a), (b), (c) (1st–5th pars., last par.), 33 Stat. 601; Dec. 10, 1912, ch. 1, §1, 37 Stat. 647; Mar. 3, 1921, ch. 131, §1, 41 Stat. 1354; May 8, 1947, ch. 50, §6, 61 Stat. 82, 83.
300104(b) 36:5(c) (2d, 4th pars.).  
300104(c) 36:5(c) (5th par.).  
300104(d) 36:5(c) (last par.).  

In subsection (a)(1), before clause (A), the word "direction" is omitted as included in "governing and managing". In clause (A), the words "of the United States" and "as may from time to time be" are omitted as unnecessary.

In subsection (a)(2), the words "One-third of the members elected to the board shall be elected at each national convention, and take office at that time or as soon as practicable after the convention" are substituted for 36:5(c) (3d par.) to eliminate unnecessary words.

In subsection (b)(1), the words "if, before the end of the 3-year term, the governor retires from the official position held at the time of appointment as a governor" are substituted for "if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor" for clarity and to eliminate unnecessary words.

In subsection (b)(2), the words "as soon as practicable" are substituted for "as soon as may be" for clarity. The words "that may occur by death, resignation, or otherwise" are omitted as unnecessary. The words "a vacancy occurring in an elected position on the board" are substituted for "Any vacancy that may occur in the Governors elected by the chapters pursuant to subsection (b) of this section or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c) of this section" to eliminate unnecessary words. The words "An individual appointed by the board to fill a vacancy serves" are substituted for "such appointees to serve" for clarity.

In subsection (c)(2), the words "of the corporation" are substituted for "designated by the President of the United States" for consistency in the revised section.

Amendments

2007Pub. L. 110–26 reenacted section catchline without change and amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to the board of governors, its terms of office and filling of vacancies, the executive committee, and voting by proxy.

§300105. Powers

(a) General.—The corporation may—

(1) adopt policies and regulations;

(2) adopt, alter, and destroy a seal;

(3) own and dispose of property to carry out the purposes of the corporation;

(4) accept gifts, devises, and bequests of property to carry out the purposes of the corporation;

(5) sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and promote the purposes of the corporation.


(b) Designation.—The corporation is designated as the organization authorized to act in matters of relief under the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492; Pub. L. 110–26, §7, May 11, 2007, 121 Stat. 108.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300105 36:2 (1st sentence words between 2d comma and 3d semicolon and after 4th semicolon). Jan. 5, 1905, ch. 23, §2 (1st sentence words between 2d comma and 3d semicolon and after 4th semicolon), 33 Stat. 600; May 8, 1947, ch. 50, §3, 61 Stat. 81.

In subsection (a)(1), the word "adopt" is substituted for "ordain and establish" for consistency in the revised title. The words "not inconsistent with the laws of the United States of America or any State thereof" are omitted as unnecessary.

In subsection (a)(2), the words "adopt, alter, and destroy a seal" are substituted for "adopt a seal and the same to alter and destroy at pleasure" for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(3), the words "own and dispose of property" are substituted for "to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same" for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(4), the word "property" is substituted for "real and personal estate" for clarity and consistency in the revised title.

In subsection (a)(6), the word "things" is omitted as included in "act". The words "carry out this chapter" are substituted for "carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title" for clarity and because under 36:1a the corporation existing under those sections continued under the source provisions restated in the revised chapter.

In subsection (b), the words "treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949" are substituted for "said treaties" for clarity and consistency in the chapter.

Amendments

2007—Subsec. (a)(1). Pub. L. 110–26 substituted "policies" for "bylaws".

§300106. Emblem, badge, and brassard

(a) Emblem and Badge.—In carrying out its purposes under this chapter, the corporation may have and use, as an emblem and badge, a Greek red cross on a white ground, as described in the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949, and adopted by the nations acceding to those treaties.

(b) Delivery of Brassard.—In accordance with those treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300106(a) 36:2 (1st sentence words between 3d and 4th semicolons). Jan. 5, 1905, ch. 23, §2 (1st sentence words between 3d and 4th semicolons, last sentence), 33 Stat. 600; May 8, 1947, ch. 50, §3, 61 Stat. 81.
300106(b) 36:2 (last sentence).  

In subsection (a), the words "under this chapter" are substituted for "hereinafter designated" for clarity. The date "August 12, 1949" is added to include the reference to a subsequent treaty.

§300107. Annual meeting

(a) In General.—The annual meeting of the corporation is the annual meeting of delegates of the chapters.

(b) Time of Meeting.—The annual meeting shall be held as determined by the board of governors.

(c) Place of Meeting.—The board of governors is authorized to determine that the annual meeting shall not be held at any place, but may instead be held solely by means of remote communication subject to such procedures as are provided in the bylaws.

(d) Voting.—

(1) In general.—In matters requiring a vote at the annual meeting, each chapter is entitled to at least 1 vote, and voting on all matters may be conducted by mail, telephone, telegram, cablegram, electronic mail, or any other means of electronic or telephone transmission, provided that the person voting shall state, or submit information from which it can be determined, that the method of voting chosen was authorized by such person.

(2) Establishment of number of votes.—

(A) In general.—The board of governors shall determine on an equitable basis the number of votes that each chapter is entitled to cast, taking into consideration the size of the membership of the chapters, the populations served by the chapters, and such other factors as may be determined by the board.

(B) Periodic review.—The board of governors shall review the allocation of votes at least every 5 years.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub. L. 110–26, §8, May 11, 2007, 121 Stat. 108.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300107 36:5(c) (6th par.). Jan. 5, 1905, ch. 23, §5(c) (6th par.), 33 Stat. 601; Dec. 10, 1912, ch. 1, §1, 37 Stat. 647; Mar. 3, 1921, ch. 131, §1, 41 Stat. 1354; May 8, 1947, ch. 50, §6, 61 Stat. 83.)

The words "The board shall determine on an equitable basis the number of votes" are substituted for "shall be determined according to allocation by the Board of Governors, which shall be established on an equitable basis" for clarity and to eliminate unnecessary words. The words "the populations served" are substituted for "the populations in the territories served" for clarity and to eliminate unnecessary words.

Amendments

2007Pub. L. 110–26 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The annual meeting of the corporation is the national convention of delegates of the chapters. The national convention shall be held annually on a date and at a place specified by the board of governors. In matters requiring a vote at the national convention, each chapter is entitled to at least one vote. The board shall determine on an equitable basis the number of votes that each chapter is entitled to cast, taking into consideration the size of the membership of the chapters and of the populations served by the chapters. The board shall review the allocation of votes at least every 5 years."

§300108. Buildings

(a) Ownership.—The United States Government shall retain ownership of the corporation's permanent headquarters, comprised of buildings erected on square 172 in the District of Columbia, including—

(1) the memorial building to commemorate the service and sacrifice of the women of the United States, North and South, during the Civil War, erected for the use of the corporation;

(2) the memorial building to commemorate the service and sacrifice of the patriotic women of the United States, its territories and possessions, and the District of Columbia during World War I, erected for the use of the corporation; and

(3) the permanent building erected for the use of the corporation in connection with its work in cooperation with the Government.


(b) Maintenance and Expenses.—Those buildings shall remain under the supervision of the Administrator of General Services. However, the corporation shall care for and maintain the buildings without expense to the Government.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300108 36:13. Feb. 7, 1930, ch. 42, §§1, 5, 46 Stat. 66.
  36:15. June 7, 1924, ch. 369, §§1, 2, 4, 43 Stat. 665, 666.

Subsection (a)(1) is substituted for "land occupied in part on June 7, 1924, by the Memorial to the Women of the Civil War, the permanent headquarters of the American Red Cross" in 36:15 because the words in the source refer to the building, provided for by the Act of October 22, 1913 (ch. 32 (par. under heading "Monument to Commemorate the Women of the Civil War"), 38 Stat. 233), that was built as the permanent headquarters of the American Red Cross, the predecessor organization to the corporation.

In subsection (a)(2), the words "That there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated the sum of $150,000 as a part contribution to the erection of . . . with equipment" in section 1 of the Act June 7, 1924 (ch. 369, 43 Stat. 665), are omitted as executed. The words "That said memorial shall be a building monumental in design and character . . . and shall cost not less than $300,000: Provided, That this expenditure shall include complete equipment" in section 2 of that Act are omitted as executed. The words "The expenditures for said memorial building shall be made under the direction of a commission consisting of the chairman of the Senate Committee on the Library and the chairman of the House Committee on the Library" in section 4 (last par.) of that Act are omitted as executed. The text of section 4 (1st par.) of that Act is omitted as executed. The words "of America" are omitted as unnecessary. The words "its territories and possessions" are substituted for "its insular possessions" for clarity and consistency in the revised title and with other titles of the United States Code. The words "World War I" are substituted for "the World War" for clarity.

In subsection (a)(3), the words "That authority be, and is hereby, given to the American National Red Cross to erect . . . in replacement of the temporary building or buildings erected on such lot under Public Resolution Numbered 3, Sixty–fifth Congress (S.J. Res. 61)" in section 1 of the Act of February 7, 1930 (ch. 42, 46 Stat. 66) are omitted as executed.

In subsection (b), the words "Administrator of General Services" are substituted for "Superintendent of Public Buildings and Grounds" in section 4 (last par.) of the Act June 7, 1924 (ch. 369, 43 Stat. 666) and "Director of Public Buildings and Public Parks of the National Capital" in section 5 of the Act of February 7, 1930 (ch. 42, 46 Stat. 66) to reflect subsequent transfers of functions. The office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers, United States Army, were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). The office of Public Buildings and Public Parks of the National Capital was abolished and its functions transferred to the Office of National Parks, Buildings and Reservations of the Department of the Interior by section 2 of Executive Order No. 6166, effective June 10, 1933. The name of the latter office was changed to "National Park Service" by section 1 of the Act of March 2, 1934 (ch. 38, 48 Stat. 389). The functions of the Director of the National Park Service related to public buildings were transferred to the Federal Works Administrator by section 303(b) of Reorganization Plan No. I of 1939 (5 App. U.S.C.). The functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 380). The words "the corporation shall care for and maintain the buildings" are substituted for "the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building" in 36:13, and "the American Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of the said memorial building" in 36:15, for clarity and to eliminate unnecessary words.

Permanent Building for District of Columbia Chapter

Act July 1, 1947, ch. 195, 61 Stat. 241, as amended by Pub. L. 100–637, §1, Nov. 8, 1988, 102 Stat. 3325, provided: "That authority be, and is hereby, given to the American National Red Cross to erect upon the south half of square 104 in the city of Washington, District of Columbia, a permanent building for the use of the District of Columbia Chapter, American National Red Cross, in connection with its work, in cooperation with the Government of the United States and its responsibilities under its charter granted by the Congress of the United States.

"Sec. 2. That the plans of the proposed building shall first be approved by the American National Red Cross, the Commission of Fine Arts and the National Capital Park and Planning Commission and the erection and design thereof shall be under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] in accordance with the provisions of the Public Buildings Act of May 25, 1926, as amended [enacting sections 341, 342, 343 to 345a, 346, and 347 of former Title 40, Public Buildings, Property, and Works] and as hereby further amended.

"Sec. 3. That the cost of the removal of the buildings on this site shall be borne by the American National Red Cross, District of Columbia Chapter, without expense to the United States.

"Sec. 4. That said permanent building shall remain the property of the United States but under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] and the American National Red Cross, District of Columbia Chapter, shall, at all times be charged with the responsibility, care, keeping, and maintenance of said building without expense to the United States.

"Sec. 5. That moneys of the American National Red Cross, District of Columbia Chapter, available for the construction of the aforesaid building, including any amount administratively determined necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expenses, may be transferred to and expended by the Public Buildings Administration of the Federal Works Agency [now the Administrator of General Services], and such funds may be consolidated in the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, and the Commissioner of Public Buildings is authorized to prepare drawings and specifications for this building prior to the approval by the Attorney General of the title to such acquisition.

"Sec. 6. That said building shall be appropriate in design and character and shall be used by the American National Red Cross, District of Columbia Chapter, and shall cost not less than $1,000,000: Provided, That this expenditure shall include complete equipment.

"Sec. 7. That the person, firm, or corporation which the Commissioner of Public Buildings shall select to furnish professional architectural and engineering services required for the project shall be chosen from nominations made by the American National Red Cross, District of Columbia Chapter.

"Sec. 8. That the National Capital Housing Authority is hereby authorized and directed to transfer to the jurisdiction of the Federal Works Administrator [now the Administrator of General Services] such part of the site for said building as is now under the jurisdiction of said Authority: Provided, That the Treasurer of the United States is authorized and directed to credit said Authority with the fair market value, at the date of transfer, of the property so transferred: Provided further, That the Federal Works Administrator [now the Administrator of General Services] is hereby authorized to utilize the property so transferred, as well as that part of the site already under his jurisdiction, for the purposes of this Act.

"Sec. 9. That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is hereby authorized to furnish steam from the central heating plant for the heating of said building, such steam to be paid for by the American National Red Cross, District of Columbia Chapter, at such reasonable rates, not less than cost, as may be determined by the Federal Works Administrator [now Administrator of General Services]: Provided, That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is authorized to prepare plans and specifications and to supervise and to contract for the work necessary to connect said building with the Government mains and to pay the cost of such work and services, including administrative expenses, from the funds consolidated into the Treasury pursuant to section 5 thereof.

"Sec. 10. The enactment of this joint resolution shall not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place.

"Sec. 11. (a) Notwithstanding any other provision of law, the Administrator of the General Services Administration shall enter into a lease of the real property described in the first section of this Act with the American National Red Cross, District of Columbia Chapter. Such lease shall provide that such property shall be used as an office, medical and scientific facility by such Red Cross Chapter and the tenants of such Chapter on such terms and conditions as shall be customary and necessary, including that—

"(1) the lease shall be triple net to the United States and such Red Cross Chapter shall pay all taxes, insurance, and operating costs, and a rent of $1.00 for the term of the lease;

"(2) the lease term shall be for 99 years, and all improvements on such property shall revert to the ownership of the United States at the conclusion of the term;

"(3) such Red Cross Chapter may (at the expense of such Chapter) demolish the improvements on such property or any improvements constructed on such property after the date of enactment of this section [Nov. 8, 1988], build, own, operate, and maintain new improvements, enter into leases, finance improvements (and mortgage any improvements and the leasehold estate), and in all manner deal with the property subject only to the condition that the ownership interest of the United States in the land shall not be adversely affected;

"(4) any space not needed for the operations of such Red Cross Chapter or the American National Red Cross in any building or improvement constructed on such property shall be first made available for use by Federal agencies at rental rates and other related expenses that are less than fair market value and reflect the value of the property provided to such Red Cross Chapter under the provisions of this Act;

"(5) the United States shall cooperate with such Red Cross Chapter with respect to any zoning or other matters relating to the development or improvement of such property; and

"(6) the plans of any proposed building or improvement for construction after the date of the enactment of this section shall first be approved by the American National Red Cross, the Commission of Fine Arts, and the National Capital Planning Commission.

"(b) The enactment of this section may not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place."

§300109. Endowment fund

The endowment fund of the corporation shall be kept and invested under the management and control of a board of trustees elected by the board of governors. The corporation shall prescribe policies and regulations on terms and tenure of office, accountability, and expenses of the board of trustees.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub. L. 110–26, §9, May 11, 2007, 121 Stat. 109.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300109 36:9. Jan. 5, 1905, ch. 23, §8, as added June 23, 1910, ch. 372, §2, 36 Stat. 604; May 8, 1947, ch. 50, §7, 61 Stat. 83.

The words "from time to time" are omitted [as] unnecessary.

Amendments

2007Pub. L. 110–26 struck out "nine" before "trustees elected" in first sentence and substituted "The corporation shall prescribe policies and regulations on terms and tenure of office, accountability, and expenses of the board of trustees." for "The board of governors shall prescribe regulations on terms and tenure of office, accountability, and expenses of the board of trustees."

§300110. Annual report and audit

(a) Submission of Report.—As soon as practicable after the end of the corporation's fiscal year, which may be changed from time to time by the board of governors, the corporation shall submit a report to the Secretary of Defense on the activities of the corporation during such fiscal year, including a complete, itemized report of all receipts and expenditures.

(b) Auditing of Report and Submission to Congress.—The Secretary shall audit the report and submit a copy of the audited report to Congress.

(c) Payment of Audit Expenses.—The corporation shall reimburse the Secretary each year for auditing its accounts. The amount paid shall be deposited in the Treasury of the United States as a miscellaneous receipt.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub. L. 110–26, §10, May 11, 2007, 121 Stat. 109.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300110(a)–(c) 36:6. Jan. 5, 1905, ch. 23, §6, 33 Stat. 602; Feb. 27, 1917, ch. 137, 39 Stat. 946; July 17, 1953, ch. 222, §4(c), 67 Stat. 179.
  36:7. May 29, 1920, ch. 214, §1 (1st complete par. on p. 659), 41 Stat. 659; July 17, 1953, ch. 222, §5, 67 Stat. 179.

In subsection (a), the words "make and", "next preceding", and "full" are omitted as unnecessary. The word "activities" is substituted for "proceedings" for consistency in the revised title. The words "all receipts and expenditures" are substituted for "receipts and expenditures of whatever kind" to eliminate unnecessary words.

In subsections (b) and (c), the word "Secretary" is substituted for "Department of Defense" for consistency.

Amendments

2007—Subsec. (a). Pub. L. 110–26 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "As soon as practicable after July 1 of each year, the corporation shall submit a report to the Secretary of Defense on the activities of the corporation during the fiscal year ending June 30, including a complete, itemized report of all receipts and expenditures."

§300111. Authority of the Comptroller General of the United States

The Comptroller General of the United States is authorized to review the corporation's involvement in any Federal program or activity the Government carries out under law.

(Added Pub. L. 110–26, §11(a), May 11, 2007, 121 Stat. 109.)

Prior Provisions

A prior section 300111 was renumbered section 300113 of this title.

§300112. Office of the Ombudsman

(a) Establishment.—The corporation shall establish an Office of the Ombudsman with such duties and responsibilities as may be provided in the bylaws or a resolution of the board of governors.

(b) Report.—

(1) In general.—The Office of the Ombudsman shall submit annually to the appropriate Congressional committees a report concerning any trends and systemic matters that the Office of the Ombudsman has identified as confronting the corporation.

(2) Appropriate congressional committees.—For purposes of paragraph (1), the appropriate Congressional committees are the following committees of Congress:

(A) Senate committees.—The appropriate Congressional committees of the Senate are—

(i) the Committee on Finance;

(ii) the Committee on Foreign Relations;

(iii) the Committee on Health, Education, Labor, and Pensions;

(iv) the Committee on Homeland Security and Governmental Affairs; and

(v) the Committee on the Judiciary.


(B) House committees.—The appropriate Congressional committees of the House of Representatives are—

(i) the Committee on Energy and Commerce;

(ii) the Committee on Foreign Affairs;

(iii) the Committee on Homeland Security;

(iv) the Committee on the Judiciary; and

(v) the Committee on Ways and Means.

(Added Pub. L. 110–26, §11(a), May 11, 2007, 121 Stat. 110.)

§300113. Reservation of right to amend or repeal

Congress reserves the right to amend or repeal the provisions of this chapter.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1494, §300111; renumbered §300113, Pub. L. 110–26, §11(a), May 11, 2007, 121 Stat. 109.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
300111 36:8 Jan. 5, 1905, ch. 23, §7, 33 Stat. 602.

Amendments

2007Pub. L. 110–26 renumbered section 300111 of this title as this section.