American Red Cross Transparency Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1568 To improve transparency regarding the activities of the American Red Cross, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 21, 2019 Mr. GRASSLEY introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve transparency regarding the activities of the American Red Cross, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘American Red Cross 4 Transparency Act of 2019’’. 5 SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE OVER- 6 SIGHT. 7 Section 300111 of title 36, United States Code, is 8 amended to read as follows: 9 VerDate Sep 11 2014 01:55 May 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1568.IS S1568 kjohnson on DSK79L0C42 with BILLS 2 •S 1568 IS ‘‘§ 300111. Authority of the Comptroller General of 1 the United States 2 ‘‘(a) AUDIT AUTHORITY.—The Comptroller General 3 of the United States is authorized to review— 4 ‘‘(1) the internal governance of the corporation; 5 and 6 ‘‘(2) any program or activity connected to na- 7 tional preparedness, including any program or activ- 8 ity carried out by the corporation in connection with 9 events for which the Federal Government provides 10 leadership or support under the national prepared- 11 ness system established under section 644 of the 12 Post-Katrina Emergency Management Reform Act 13 of 2006 (6 U.S.C. 744) or any successor system. 14 ‘‘(b) ACCESS AUTHORITY.— 15 ‘‘(1) IN GENERAL.—For purposes of carrying 16 out this section, the Comptroller General of the 17 United States shall have access to and the right to 18 examine and copy all records and other recorded in- 19 formation, electronic or otherwise, within the posses- 20 sion or control of the corporation that the Comp- 21 troller General determines relevant to a review au- 22 thorized under subsection (a), including such records 23 and other recorded information relating to the finan- 24 cial transactions and internal governance of the cor- 25 poration. 26 VerDate Sep 11 2014 01:55 May 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1568.IS S1568 kjohnson on DSK79L0C42 with BILLS 3 •S 1568 IS ‘‘(2) INDIVIDUALS.—The Comptroller General 1 shall be provided access to, and be permitted to 2 interview, any member of the board of governors, 3 employee, volunteer, or agent of the corporation 4 whom the Comptroller General believes to have 5 knowledge relevant to a review authorized under 6 subsection (a). 7 ‘‘(c) ENFORCEMENT.— 8 ‘‘(1) SUBPOENA AUTHORITY.— 9 ‘‘(A) IN GENERAL.—If the corporation 10 does not make available a record, other re- 11 corded information, or a member of the board 12 of governors, employee, volunteer, or agent of 13 the corporation upon a request under sub- 14 section (b), the Comptroller General of the 15 United States may issue a subpoena for the 16 record or other recorded information or to ob- 17 tain the testimony of the member of the board 18 of governors, employee, volunteer, or agent. 19 ‘‘(B) ISSUANCE.—A subpoena issued under 20 this paragraph— 21 ‘‘(i) shall identify the record, other re- 22 corded information, or member of the 23 board of governors, employee, volunteer, or 24 agent of the corporation sought; and 25 VerDate Sep 11 2014 01:55 May 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1568.IS S1568 kjohnson on DSK79L0C42 with BILLS 4 •S 1568 IS ‘‘(ii) may be issued by the Comptroller 1 General. 2 ‘‘(C) SERVICE.—The Comptroller General 3 shall have an individual serve a subpoena issued 4 under this paragraph by delivering a copy to 5 the chief executive officer of the corporation or 6 by mailing a copy of the subpoena by certified 7 or registered mail, return receipt requested, to 8 the principal place of business of the corpora- 9 tion. Proof of service is shown by a verified re- 10 turn by the individual serving the subpoena 11 that states how the subpoena was served or by 12 the return receipt signed by the person served. 13 ‘‘(2) ACTION.—If the corporation does not com- 14 ply with a subpoena issued under paragraph (1), the 15 Comptroller General of the United States, acting 16 through an attorney the Comptroller General des- 17 ignates in writing, may bring a civil action in the 18 United States District Court for the District of Co- 19 lumbia to require the corporation to produce the 20 record, other recorded information, or member of the 21 board of governors, employee, volunteer, or agent 22 that is the subject of the subpoena. The court shall 23 have jurisdiction of such action and may punish a 24 VerDate Sep 11 2014 01:55 May 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1568.IS S1568 kjohnson on DSK79L0C42 with BILLS 5 •S 1568 IS failure to obey an order of the court under this sub- 1 section as a contempt of court.’’. 2 Æ VerDate Sep 11 2014 01:55 May 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1568.IS S1568 kjohnson on DSK79L0C42 with BILLS