CROSS REFERENCES sections. 9. Endowment fund. 10 to 12. Repealed. Permanent building at headquarters in Washington, Use of buildings in Washington, D. C. Memorial building to Women of World War I; expenditures; supervision. 16. Exchange of Government-owned cotton for articles containing wool. 17 to 17b. Repealed. Damage by flood or other catastrophe, responsibilities of American National Red Cross unaffected by provisions, see section 1855c of Title 42, The Public Health and Welfare. Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 1855c. § 1. Corporation created. Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successors, are created a body corporate and politic in the District of Columbia. (Jan. 5, 1905, ch. 23, § 1, 33 Stat. 599.) PREAMBLE Act Jan. 5, 1905, as amended by act May 8, 1947, ch. 50, §§ 1, 2, 61 Stat. 80, provided: "Whereas on the twenty-second of August, eighteen hundred and sixty-four, at Geneva, Switzerland, plenipotentiaries respectively representing Italy, Baden, Belglum, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurttemberg and the Federal Council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from war; of ameliorating the condition of soldiers wounded on the field of battle, and particularly providing, among other things, in effect, that persons employed in hospitals and in according relief to the sick and wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambulances and convoys of sick and wounded and an arm badge for individuals neutralized; and "Whereas the said treaty has been revised and extended by a treaty or convention for the amelioration of the condition of the wounded and the sick of armies in the field. signed at Geneva, July 27, 1929, and adhered to by the United States of America, effective August 8, 1932; and "Whereas the International Conference of Geneva of eighteen hundred and sixty-three recommended 'that there exist in every country a committee whose mission consists in co-operating in times of war with the hospital service of the armies by all means in its power;' and "Whereas a permanent organization is an agency needed in every nation to carry out the purposes of said treaties, and especially to secure supplies and to execute the humane objects contemplated by said treaties, with the power to adopt and use the distinctive flag and arm badge specified by said treaties, on which shall be the sign of the Red Cross, for the purpose of cooperating with the 'Comité International de Secours aux Militaires Blessés' (International Committee of Relief for the Wounded in War); and "Whereas in accordance with the requirements and customs of said international body such an association adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-one known as "The American National Association of the Red Cross,' reincorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Columbia, and reincorporated by Act of Congress in June, nineteen hundred; and "Whereas it is believed that the importance of the work demands a repeal of the present charter and a reincorporation of the society under Government supervision: Now, therefore,". CHANGE OF NAME The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. § la. Continuation of corporation; incorporators; powers and duties. The corporation now existing as The American National Red Cross under sections 1, 2, 4a to 6, 8 and 9 of this title shall continue as a body corporate and politic in the District of Columbia. The first national convention after May 8, 1947 shall be convened and held under rules and regulations prescribed by the governing body of the corporation as presently constituted. After such first national convention, the Board of Governors of the corporation from time to time shall constitute the associates and successors of the incorporators named in said sections, and neither the said incorporators nor any associates or successors theretofore designated by them or by their successors shall have any powers or duties. (May 8, 1947, ch. 50, § 8, 61 Stat. 83.) § 2. Name of corporation; powers. The name of this corporation shall be "The American National Red Cross", and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twentysecond, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2, 3, 4a to 6, 8 and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority. (Jan. 5, 1905, ch. 23, § 2, 33 Stat. 600; May 8, 1947, ch. 50, § 3, 61 Stat. 81.) AMENDMENTS 1947-Act of May 8, 1947, increased certain powers of corporation to accept gifts and devises of real estate. CROSS REFERENCES Exclusion from gross income of proceeds of certain sports programs conducted for benefit of American National Red Cross, see section 114 of Title 26, Internal Revenue Code. Licenses for erection and use of buildings on military installations, see section 2670 of Title 10, Armed Forces. Loan of equipment needed for instruction and practice to organization formed by Red Cross aiding armed forces in war time, see section 2542 of Title 10, Armed Forces. FEDERAL RULES OF CIVIL PROCEDURE Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1, Title 28, Appendix, Judiciary and Judicial Procedure. One form of action, see rule 2. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections la, 2, 8 of this title. § 3. Purposes of corporation. The purposes of the corporation are and shall be— First. To furnish volunteer aid to the sick and wounded of Armed Forces in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hundred and sixtythree, and also of the treaties of the Red Cross, or the treaties of Geneva, of August twenty-second, eighteen hundred and sixty-four, and July twentyseventh, nineteen hundred and twenty-nine, to which the United States of America has given its adhesion, and also of any other treaty or convention similar in purpose to which the United States of America may hereafter give its adhesion. Second. And for said purposes to perform all the duties devolved upon a national society by each nation which has acceded to any of said treaties or conventions. Third. To succeed to all the rights and property which were prior to January 5, 1905, held and to all the duties which were prior to January 5, 1905, performed by the American National Red Cross as a corporation duly incorporated by Act of Congress June 6, 1900, which Act is repealed and the organization created thereby is dissolved. Fourth. To act in matters of voluntary relief and in accord with the military authorities as a medium of communication between the people of the United States of America and their Armed Forces, and to act in such matters between similar national societies of other governments through the "Comité International de Secours", and the Government and the people and the Armed Forces of the United States of America. Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same. (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.) REFERENCES IN TEXT Act of Congress June 6, 1900, referred to in text, is act June 6, 1900, ch. 784, 31 Stat. 277. AMENDMENTS 1953-Act July 17, 1953, substituted "Armed Forces" for "armies" in the first clause and, in the fourth clause, substituted "Armed Forces" for "Army and Navy" and deleted "and naval" following "military". 1947-Act May 8, 1947, included the treaty of July 27, 1929, in the first and second pars. CROSS REFERENCES Cooperation and assistance to armed forces, see section 2602 of Title 10, Armed Forces. Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. § 4. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. Section, acts Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604, related to fraudulent representation or use of insignia, and is now covered by sections 1, 706 and 917 of Title 18, Crimes and Criminal Procedure. § 4a. Membership; status of chapters; rules and regulations governing chapters; election of officers. Membership in the American National Red Cross shall be open to all the people of the United States, its Territories, and dependencies, upon payment of the sums specified from time to time in the bylaws. The chapters of the American National Red Cross shall be the local units of the corporation within the States and Territories of the United States. The regulations with respect to the granting of charters to the chapters and the revocation of the same, the territorial jurisdiction of the chapters, the relationship of the chapters to the corporation and compliance by the chapters with the policies and rules of the corporation, shall be as determined from time to time by the Board of Governors. Such regulations shall require that each chapter shall, in the election of the governing body of the chapter and in the selection of delegates to the national convention of the corporation, adhere to democratic principles of election as specified in the bylaws. (Jan. 5, 1905, ch. 23, § 4a, as added May 8, 1947, ch. 50, § 5, 61 Stat. 81.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections la, 2, 8 of this title. § 5. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy. The governing body of the corporation in which all powers of government, direction, and management of the corporation shall be lodged, shall consist of a Board of Governors numbering fifty persons, to be appointed or elected in the manner following, namely: (a) Eight Governors shall be appointed by the President of the United States. Of the Governors so appointed, one shall be designated by the President of the United States to act as the principal officer of the corporation with such title and such functions as may from time to time be prescribed in the bylaws; and the remainder shall be officials of departments and agencies of the Federal Government, whose positions and interests are such as to qualify them to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least one and not more than three shall be selected from the armed forces. (b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be elected at the national convention under procedures for nomination and election which shall be such as to insure equitable representation of all the chapters, having regard to geographical considerations, to the size of the chapters and to the size of the populations served by the chapters. (c) Twelve Governors shall be elected by the Board of Governors as members-at-large. The Governors so elected shall be individuals who are representative of the national interests which it is the function of the Red Cross to serve, and with which it is desirable that the corporation shall have close association. The term of office of all Governors shall be three years, except that the term of office of any Governor appointed by the President of the United States (other than the principal officer of the corporation) shall expire 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. Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be elected at the first national convention following May 8, 1947, those Governors to be elected pursuant to subsection (c) of this section shall be elected as soon as practicable following such first national convention, and those Governors to be appointed pursuant to subsection (a) of this section shall be appointed so as to take office at the same time. The Governors so elected pursuant to subsections (b) and (c) of this section shall be divided by lot into three classes, the terms of which shall expire at the end of one, two, and three years, respectively, so that thereafter onethird of the members of the Board of Governors elected pursuant to subsections (b) and (c) of this section will be chosen at the time of each national convention, and shall take office at such time or as soon as practicable thereafter. The President of the United States shall fill as soon as may be any vacancy that may occur by death, resignation, or otherwise in the office of the principal officer of the corporation or in the membership of the Board of Governors appointed by him. 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, shall be temporarily filled by appointment made by the Board of Governors, such appointees to serve until the next national convention. The Board of Governors shall have power (i) to appoint from its own members an executive committee of not less than eleven persons, who, when the Board of Governors is not in session, shall have and exercise all the powers of the Board of Governors, and (ii) to appoint and remove, or provide for the appointment and removal of, all officers and employees of the corporation, except the principal officer designated by the President of the United States. The annual meeting of the corporation shall be the national convention of delegates of the chapters, which shall be held annually on such date and at such place as may be specified by the Board of GovIn all matters requiring a vote at the national convention, each chapter shall be entitled to not less than one vote. The number of votes which each chapter shall be entitled to cast shall be determined according to allocation by the Board of ernors. Governors, which shall be established on an equitable basis giving consideration both to the size of the membership of the chapters and to the size of the populations in the territories served by the chapters. Such allocations shall be reviewed at least every five years. Voting by proxy shall not be allowed at any meeting of the Board of Governors, or at the national convention, or at any meeting of the chapters: Provided, however, That in the event of any national emergency which in the opinion of the Board of Governors makes attendance at the national convention impossible, the Board of Governors may permit the election of Governors by proxy at the national convention. (Jan. 5, 1905, ch. 23, § 5, 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.) 1947-Act May 8, 1947, enlarged the governing board and made the method of selection of its members more democratic. 1921-Act Mar. 3, 1921, provided that the executive committee of the central committee should consist of nine instead of seven persons, five of whom should be a quorum. 1912-Act Dec. 10, 1912, changed date of annual meeting from first Tuesday after first Monday in December to Wednesday preceding second Thursday in December. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. § 6. Reports; account audit by Department of Defense. The American National Red Cross shall as soon as practicable after the first day of July of each year make and transmit to the Secretary of Defense a report of its proceedings for the fiscal year ending June 30, next preceding, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Department of Defense, and a copy of said report shall be transmitted to Congress by the Department of Defense. (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.) AMENDMENTS 1953-Act July 17, 1953, substituted "Secretary of Defense" and "Department of Defense" for "Secretary of War" and "Department of War", respectively. 1917-Act Feb. 27, 1917, required reports of the preceding fiscal year to be made as soon as practicable after first of July of each year instead of on January first of each year. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. § 7. Reimbursement of Department of Defense for auditing expenses. The American National Red Cross annually shall reimburse the Department of Defense for auditing its accounts, and the sum so paid shall be covered into the Treasury of the United States as a miscellaneous receipt. (May 29, 1920, ch. 214, § 1, 41 Stat. 659; July 17, 1953, ch. 222, § 5, 67 Stat. 179.) CODIFICATION Section is based upon provision appearing in the Executive, Legislative and Judicial Appropriation Act for fiscal year ending June 30, 1921. AMENDMENTS 1953-Act July 17, 1953, substituted "Department of Defense" for "War Department". § 8. Reservation of right to amend or repeal certain sections. Congress shall have the right to repeal, alter, or amend sections 1, 2, 3, 4a to 6, 8 and 9 of this title at any time. (Jan. 5, 1905, ch. 23, § 7, 33 Stat. 602.) § 9. Endowment fund. The endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the Board of Governors under such regulations regarding terms and tenure of office, accountability, and expense as the Board of Governors shall prescribe. (Jan. 5, 1905, ch. 23, § 8, as added June 23, 1910, ch. 372, § 2, 36 Stat. 604, and amended May 8, 1947, ch. 50, § 7, 61 Stat. 83.) AMENDMENTS 1947-Act May 8, 1947, changed election of trustees by the incorporators and their successors to election by the Board of Governors. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. §§ 10, 11. Repealed. July 17, 1953, ch. 222, § 6, 67 Stat. 179. Section 10, acts Apr. 24, 1912, ch. 90, § 1, 37 Stat. 90; June 29, 1943, ch. 176, 1, 57 Stat. 247, related to land and naval forces in time of war, and is now covered by section 2602 of title 10, Armed Forces. Section 11, acts Apr. 24, 1912, ch. 90, § 2, 37 Stat. 91; June 29, 1943, ch. 176, § 2, 57 Stat. 248, related to transportation, subsistence and passport fees, and is now covered by section 2602 of Title 10, Armed Forces. § 12. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section, act June 3, 1916, ch. 134, § 127a, as added June 4, 1920, ch. 227, subch. I, § 51, 41 Stat. 785, and amended July 17, 1953, ch. 222, § 3, 67 Stat. 178, related to buildings for Red Cross supplies, and is now covered by section 2670 of Title 10, Armed Forces. § 13. Permanent building at headquarters in Washington, D. C. The permanent building erected upon square 172 in the city of Washington, District of Columbia, for the use of the American National Red Cross in connection with its work in cooperation with the Government of the United States shall remain the property of the United States but under the supervision of the Administrator of General Services and the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building without expense to the United States. (Feb. 7, 1930, ch. 42, §§ 1, 5, 46 Stat. 66; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380.) CODIFICATION Section is composed of sections 1 and 5 of act Feb. 7. 1930. Section 1 provided for erection of permanent building and section 5 for the ownership and supervision thereof. TRANSFER OF FUNCTIONS All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of that act. Section 103 is set out as section 753 (b) of Title 40, Public Buildings, Property, and Works. By section 5 of act Feb. 7, 1930, the permanent building was to remain under the supervision of the Director of Public Buildings and Public Parks of the National Capital. The office of Public Buildings and Public Parks of the National Capital was abolished and its functions were transferred to the Office of National Parks, Buildings, and Reservations of the Department of the Interior by Ex. Ord. No. 6166. The name of the latter office was changed to the "National Park Service" by act Mar. 2, 1934. The Branch of Buildings Management of the National Park Service, with certain other agencies, was consolidated as the Public Buildings Administration under the Federal Works Agency by sections 301 and 303 of 1939 Reorg. Plan No. I set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. PERMANENT BUILDING FOR DISTRICT OF COLUMBIA CHAPTER Joint Res. July 1, 1947, ch. 195, 61 Stat. 241, 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 in accordance with the provisions of the Public Buildings Act of May 25, 1926, as amended 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 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, 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. |