American Red Cross Transparency Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2861 To improve transparency regarding the activities of the American Red Cross, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 21, 2019 Mr. THOMPSON of Mississippi introduced the following bill; which was referred to the Committee on Foreign Affairs 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 03:03 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2861 IH ‘‘§ 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; enacted as title VI of the 14 Department of Homeland Security Appropriations 15 Act, 2007), or any successor system. 16 ‘‘(b) ACCESS AUTHORITY.— 17 ‘‘(1) IN GENERAL.—For purposes of carrying 18 out this section, the Comptroller General of the 19 United States shall have access to and the right to 20 examine and copy all records and other recorded in- 21 formation, electronic or otherwise, within the posses- 22 sion or control of the corporation that the Comp- 23 troller General determines relevant to a review au- 24 thorized under subsection (a), including such records 25 and other recorded information relating to the finan- 26 VerDate Sep 11 2014 03:03 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2861 IH cial transactions and internal governance of the cor- 1 poration. 2 ‘‘(2) INDIVIDUALS.—The Comptroller General 3 shall be provided access to, and be permitted to 4 interview, any member of the board of governors, 5 employee, volunteer, or agent of the corporation 6 whom the Comptroller General believes to have 7 knowledge relevant to a review authorized under 8 subsection (a). 9 ‘‘(c) ENFORCEMENT.— 10 ‘‘(1) SUBPOENA AUTHORITY.— 11 ‘‘(A) IN GENERAL.—If the corporation 12 does not make available a record, other re- 13 corded information, or a member of the board 14 of governors, employee, volunteer, or agent of 15 the corporation upon a request under sub- 16 section (b), the Comptroller General of the 17 United States may issue a subpoena for the 18 record or other recorded information or to ob- 19 tain the testimony of the member of the board 20 of governors, employee, volunteer, or agent. 21 ‘‘(B) ISSUANCE.—A subpoena issued under 22 this paragraph— 23 ‘‘(i) shall identify the record, other re- 24 corded information, or member of the 25 VerDate Sep 11 2014 03:03 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2861 IH board of governors, employee, volunteer, or 1 agent of the corporation sought; and 2 ‘‘(ii) may be issued by the Comptroller 3 General. 4 ‘‘(C) SERVICE.—The Comptroller General 5 shall have an individual serve a subpoena issued 6 under this paragraph by delivering a copy to 7 the chief executive officer of the corporation or 8 by mailing a copy of the subpoena by certified 9 or registered mail, return receipt requested, to 10 the principal place of business of the corpora- 11 tion. Proof of service is shown by a verified re- 12 turn by the individual serving the subpoena 13 that states how the subpoena was served or by 14 the return receipt signed by the person served. 15 ‘‘(2) ACTION.—If the corporation does not com- 16 ply with a subpoena issued under paragraph (1), the 17 Comptroller General of the United States, acting 18 through an attorney the Comptroller General des- 19 ignates in writing, may bring a civil action in the 20 United States District Court for the District of Co- 21 lumbia to require the corporation to produce the 22 record, other recorded information, or member of the 23 board of governors, employee, volunteer, or agent 24 that is the subject of the subpoena. The court shall 25 VerDate Sep 11 2014 03:03 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2861 IH have jurisdiction of such action and may punish a 1 failure to obey an order of the court under this sub- 2 section as a contempt of court.’’. 3 Æ VerDate Sep 11 2014 03:03 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2861.IH H2861 pamtmann on DSKBFK8HB2PROD with BILLS