36 U.S.C. § 300101 — Organization

Page 339 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 300101 CHAPTERS 2501 THROUGH 2599—RESERVED Editorial Notes AMENDMENTS 2014—Pub. L. 113–237, § 3(b)(21), Dec. 18, 2014, 128 Stat. 2839, substituted ‘‘CHAPTERS 2501 THROUGH 2599— RESERVED’’ for ‘‘CHAPTER 2601—[RESERVED]’’. CHAPTERS 2601 THROUGH 2699—RESERVED Editorial Notes AMENDMENTS 2014—Pub. L. 113–237, § 3(b)(21), Dec. 18, 2014, 128 Stat. 2839, substituted ‘‘CHAPTERS 2601 THROUGH 2699— RESERVED’’ for ‘‘CHAPTER 2701—[RESERVED]’’. CHAPTERS 2701 THROUGH 2799—RESERVED Editorial Notes AMENDMENTS 2014—Pub. L. 113–237, § 3(b)(21), Dec. 18, 2014, 128 Stat. 2839, added placeholder for chapters 2701 to 2799. Subtitle III—Treaty Obligation Organizations Editorial Notes AMENDMENTS 2014—Pub. L. 113–237, § 3(a)(2)(C), Dec. 18, 2014, 128 Stat. 2836, struck out item for chapter 3001 ‘‘The Amer- ican National Red Cross’’. 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. Editorial Notes AMENDMENTS 2007—Pub. 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 Na- tional Red Cross (in this chapter, the ‘‘corpora- tion’’) 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 cor- poration may conduct its business and affairs, and otherwise hold itself out, as the ‘‘American Red Cross’’ in any jurisdiction. (c) PERPETUAL EXISTENCE.—Except as other- wise provided, the corporation has perpetual ex- istence. (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. Editorial Notes 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.’’ Statutory Notes and Related Subsidiaries FINDINGS; SENSE OF CONGRESS Pub. L. 110–26, § 2, May 11, 2007, 121 Stat. 103, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(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 Gov- ernors’) commissioned an independent review and analysis of the Board of Governors’ role, composition, size, relationship with management, governance rela- tionship with chartered units of The American Na- tional Red Cross, and whistle blower and audit func- tions. ‘‘(3) In an October 2006 report of the Board of Gov- ernors, entitled ‘American Red Cross Governance for the 21st Century’ (the ‘Governance Report’), the Board of Governors recommended changes to the Con- gressional Charter, bylaws, and other governing docu- ments of The American National Red Cross to mod- ernize 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 Na- tional Red Cross and to enhance the Board of Gov- ernors’ 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 stra- tegic oversight board and for The American National Red Cross to amend its bylaws, consistent with the recommendations described in the Governance Re- port, to clarify the role of the Board of Governors and to outline the areas of its responsibility, including— ‘‘(A) reviewing and approving the mission state- ment 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 ex- ecutive officer; Page 340 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 300102 ‘‘(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 per- formance; ‘‘(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 govern- ance 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 Gov- ernors are nominated by a Board committee and elected by the Board of Governors; and ‘‘(iii) 8 members of the Board of Governors are ap- pointed 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 tak- ing into account the criteria outlined in the Gov- ernance 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 mem- bers of a board of directors at its annual meeting. ‘‘(7) The United States Supreme Court held The American National Red Cross to be an instrumen- tality 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 ac- tivities, and meeting its various obligations, the ef- fectiveness of The American National Red Cross will be promoted by the creation of an organizational om- budsman who— ‘‘(A) will be a neutral or impartial dispute resolu- tion 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 docu- ments 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 trans- parency 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 obliga- tions consistent with that status, The American Na- tional Red Cross nevertheless should maintain appro- priate communications with State regulators of char- itable 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 obliga- tions consistent with that status, The American Na- tional Red Cross nevertheless should maintain appro- priate communications and collaborations with local, community, and faith-based non-profit organizations, including those organizations that work within mi- nority 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 pro- tocol 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 peo- ple of the United States and the Armed Forces of the United States and to act in those mat- ters between similar national societies of gov- ernments of other countries through the Inter- national 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.)