CHAPTER 3001 - THE AMERICAN NATIONAL RED CROSS

Title 36 > CHAPTER 3001

Sections (23)

§ 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.

§ 300102 Purposes

The purposes of the corporation are— 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— the conference of Geneva of October 1863; 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 any other treaty, convention, or protocol similar in purpose to which the United States of America has given or may give its adhesion; 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; 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; 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 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 .)

§ 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.— The chapters of the corporation are the local units of the corporation. The corporation shall prescribe policies and regulations related to— granting charters to the chapters and revoking those charters; the territorial jurisdiction of the chapters; the relationship of the chapters to the corporation; and compliance by the chapters with the policies and regulations of the corporation. 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.

§ 300104 Board of governors

(a) Board of Governors.— 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. The board of governors shall fix by resolution, from time to time, the number of members constituting the entire board of governors, provided that— as of March 31, 2009 , and thereafter, there shall be no fewer than 12 and no more than 25 members; and 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. The governors shall be appointed or elected in the following manner: 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. 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). 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. 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. 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.— The term of office of each member of the board of governors shall be 3 years, except that— 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 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. 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, ⅓ of the entire board (or as near to ⅓ 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. 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— 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; 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; 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 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.— There shall be an advisory council to the board of governors. 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. At least 1, but not more than 3, of the members of the advisory council shall be selected from the Armed Forces. 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.— Voting by proxy is not allowed at any meeting of the board, at the annual meeting, or at any meeting of a chapter. The board may allow the election of governors by proxy during any emergency.

(g) Bylaws.— The board of governors may— at any time adopt bylaws; and at any time adopt bylaws to be effective only in an emergency. 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— 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 the term “emergency” shall have such meaning as may be provided in the bylaws.

§ 300105 Powers

(a) General.— The corporation may— adopt policies and regulations; adopt, alter, and destroy a seal; own and dispose of property to carry out the purposes of the corporation; accept gifts, devises, and bequests of property to carry out the purposes of the corporation; sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; and 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 .

§ 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.

§ 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.— 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. 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. The board of governors 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— 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; 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 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.

“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— 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; 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; 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; 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; 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 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 .)

§ 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.

§ 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 .)

§ 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.— 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. For purposes of paragraph (1), the appropriate Congressional committees are the following committees of Congress: The appropriate Congressional committees of the Senate are— the Committee on Finance; the Committee on Foreign Relations; the Committee on Health, Education, Labor, and Pensions; the Committee on Homeland Security and Governmental Affairs; and the Committee on the Judiciary. The appropriate Congressional committees of the House of Representatives are— the Committee on Energy and Commerce; the Committee on Foreign Affairs; the Committee on Homeland Security; the Committee on the Judiciary; and the Committee on Ways and Means.

§ 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 .)