Volume 61 · 81
Public Law 80–50
To amend the Act of January 5, 1905, to incorporate the American National Red Cross.
Approved May 8, 1947
Statutory text
AN ACT
To amend the Act of January 5, 1905, to incorporate the American National Red Cross.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act to incorporate the American National Red Cross, approved January 5,
1905, is hereby amended by inserting the following paragraph immediately following the second paragraph of the said Act:
“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”.
Sec. 2.
The fourth paragraph of the Act to incorporate the American National Red Cross is hereby amended to read as follows:
“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”.
Sec. 3.
Section 2 of the Act to incorporate the American National Red Cross, approved January 5, 1905, is hereby amended to read as
follows:
“Sec. 2.
That the name of this corporation shall be ‘The American
Name.
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,
Powers.
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 twenty-second, 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 by laws 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 this act and promote the purposes of said organization; and the corporation hereby 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.”
Sec. 4.
Paragraphs “First” and “Second” of section 3 of the Act to incorporate the American National Red Cross, approved January
5, 1905, is hereby amended to read as follows:
“First.
To furnish volunteer aid to the sick and wounded of armies in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hunched and sixty-three, 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 twenty-seventh, 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.”
Sec. 5.
The Act to incorporate the American National Red Cross, approved January 5, 1905, is hereby amended by adding thereto a new
section 4a to read as follows:
“Sec. 4a.
That membership in the American National Red Cross
Membership.
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
Chapters.
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.”
Sec. 6.
Section 5 of the Act to incorporate the American National
Red Cross, approved January 5, 1905, is hereby amended to read as follows:
“Sec. 5.
That 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) Appointment of Governors.
Eight Governors shall be appointed by the President of the
Principal officer.
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) Governors elected by chapters.
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) Governors elected by Board.
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.
Term of office.
“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.
First Board.
“Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section 5 shall be elected at the first national convention following the enactment of this Act, those Governors to be elected pursuant to subsection (c) shall be elected as soon as practicable following such first national convention, and those Governors to be appointed pursuant to subsection (a) shall be appointed so as to take office at the same time. The Governors so elected pursuant to subsections (b) and (c) 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 one-third of the members of the Board of Governors elected pursuant to subsections (b) and (c) will be chosen at the time of each national convention, and shall take office at such time or as soon as practicable thereafter.
Filling of vacancies.
“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) or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c), 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
Executive committee.
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
Officers and employees.
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
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 Governors. In all matters requiring a vote at the national convention,
Voting.
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 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
Election of Governors by proxy.
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.“
Sec. 7.
Section 8 of the Act to incorporate the American National Red Cross, approved January 5, 1905, as amended, is hereby amended
to read as follows:
“Sec. 8.
That the endowment fund of the American National Red
Endowment fund; trustees.
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.”
Sec. 8.
The corporation now existing as The American National
Continuation of existing corporation.
Red Cross under the Act of January 5, 1905, as amended, shall continue as a body corporate and politic in the District of Columbia. The first national convention after the enactment of this amendatory Act 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 the said Act of January 5, 1905, and neither the said incorporators nor any associates or successors theretofore designated by them or by their successors shall have any powers or duties.
Approved May 8, 1947.