Subtitle III—Treaty Obligation Organizations
Editorial Notes
Amendments
2014—
CHAPTER 3001 —THE AMERICAN NATIONAL RED CROSS
Editorial Notes
Amendments
2007—
§300101. Organization
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 300101 | 36:1. | Jan. 5, 1905, ch. 23, §1, |
| 36:1a. | May 8, 1947, ch. 50, §8, |
|
| 36:2 (1st sentence words before 2d comma). | Jan. 5, 1905, ch. 23, §2 (1st sentence words before 2d comma), |
This section is substituted for the source provisions to eliminate unnecessary and obsolete language.
Editorial Notes
Amendments
2007—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Findings; Sense of Congress
"(a)
"(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
"(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)
"(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 300102 | 36:3. | Jan. 5, 1905, ch. 23, §3, |
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".
Editorial Notes
Amendments
2007—Par. (5).
§300103. Membership and chapters
(a)
(b)
(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.
(
| 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, |
| 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.
Editorial Notes
Amendments
2007—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
§300104. Board of governors
(a)
(1)
(2)
(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)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(b)
(1)
(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)
(3)
(c)
(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)
(1)
(2)
(A)
(B)
(3)
(e)
(f)
(1)
(2)
(g)
(1)
(A) at any time adopt bylaws; and
(B) at any time adopt bylaws to be effective only in an emergency.
(2)
(h)
(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.
(
| 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.), |
| 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.
Editorial Notes
Amendments
2007—
§300105. Powers
(a)
(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)
(
| 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), |
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
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.
Editorial Notes
Amendments
2007—Subsec. (a)(1).
§300106. Emblem, badge, and brassard
(a)
(b)
(
| 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), |
| 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)
(b)
(c)
(d)
(1)
(2)
(A)
(B)
(
| 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.), |
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.
Editorial Notes
Amendments
2007—
§300108. Buildings
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 300108 | 36:13. | Feb. 7, 1930, ch. 42, §§1, 5, |
| 36:15. | June 7, 1924, ch. 369, §§1, 2, 4, |
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"),
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,
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,
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,
Statutory Notes and Related Subsidiaries
Permanent Building for District of Columbia Chapter
Act July 1, 1947, ch. 195,
"
"
"
"
"
"
"
"
"
"
"(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.
(
| 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, |
The words "from time to time" are omitted [as] unnecessary.
Editorial Notes
Amendments
2007—
§300110. Annual report and audit
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 300110(a)–(c) | 36:6. | Jan. 5, 1905, ch. 23, §6, |
| 36:7. | May 29, 1920, ch. 214, §1 (1st complete par. on p. 659), |
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.
Editorial Notes
Amendments
2007—Subsec. (a).
§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
Editorial Notes
Prior Provisions
A prior section 300111 was renumbered
§300112. Office of the Ombudsman
(a)
(b)
(1)
(2)
(A)
(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)
(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
§300113. Reservation of right to amend or repeal
Congress reserves the right to amend or repeal the provisions of this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 300111 | 36:8 | Jan. 5, 1905, ch. 23, §7, |
Editorial Notes
Amendments
2007—