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S. 494 - American Red Cross Transparency Act of 2017

Introduced: 2017-03-02
Bill Status: Read twice and referred to the Committee on the Judiciary.
 

American Red Cross Transparency Act of 2017

This bill authorizes the Government Accountability Office (GAO) to review: (1) the internal governance of the American National Red Cross (the corporation), and (2) any program or activity carried out by the corporation that is connected to national preparedness.

The bill grants the GAO: (1) access to, and the right to examine and copy, all records of the corporation that the GAO determines are relevant to such review; and (2) access to, and the right to interview, any employee, volunteer, agent, or member of the board of governors of the corporation whom the GAO believes has knowledge relevant to such review. The GAO may issue a subpoena and bring a civil action in U.S. District Court for the District of Columbia to enforce such access.

Full Text


115th CONGRESS
1st Session
S. 494


    To improve transparency regarding the activities of the American Red Cross.


IN THE SENATE OF THE UNITED STATES

March 2, 2017

    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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “American Red Cross Transparency Act of 2017”.

SEC. 2. Government Accountability Office oversight.

Section 300111 of title 36, United States Code, is amended to read as follows:

§ 300111. Authority of the Comptroller General of the United States

“(a) Audit authority.—The Comptroller General of the United States is authorized to review—

“(1) the internal governance of the corporation; and

“(2) any program or activity connected to national preparedness, including any program or activity carried out by the corporation in connection with events for which the Federal Government provides leadership or support under the national preparedness system established under section 644 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 744), or any successor system.

“(b) Access authority.—

“(1) IN GENERAL.—For purposes of carrying out this section, the Comptroller General of the United States shall have access to and the right to examine and copy all records and other recorded information, electronic or otherwise, within the possession or control of the corporation that the Comptroller General determines relevant to a review authorized under subsection (a), including such records and other recorded information relating to the financial transactions and internal governance of the corporation.

“(2) INDIVIDUALS.—The Comptroller General shall be provided access to, and be permitted to interview, any member of the board of governors, employee, volunteer, or agent of the corporation whom the Comptroller General believes to have knowledge relevant to a review authorized under subsection (a).

“(c) Enforcement.—

“(1) SUBPOENA AUTHORITY.—

“(A) IN GENERAL.—If the corporation does not make available a record, other recorded information, or a member of the board of governors, employee, volunteer, or agent of the corporation upon a request under subsection (b), the Comptroller General of the United States may issue a subpoena for the record or other recorded information or to obtain the testimony of the member of the board of governors, employee, volunteer, or agent.

“(B) ISSUANCE.—A subpoena issued under this paragraph—

“(i) shall identify the record, other recorded information, or member of the board of governors, employee, volunteer, or agent of the corporation sought; and

“(ii) may be issued by the Comptroller General.

“(C) SERVICE.—The Comptroller General shall have an individual serve a subpoena issued under this paragraph by delivering a copy to the chief executive officer of the corporation or by mailing a copy of the subpoena by certified or registered mail, return receipt requested, to the principal place of business of the corporation. Proof of service is shown by a verified return by the individual serving the subpoena that states how the subpoena was served or by the return receipt signed by the person served.

“(2) ACTION.—If the corporation does not comply with a subpoena issued under paragraph (1), the Comptroller General of the United States, acting through an attorney the Comptroller General designates in writing, may bring a civil action in the United States District Court for the District of Columbia to require the corporation to produce the record, other recorded information, or member of the board of governors, employee, volunteer, or agent that is the subject of the subpoena. The court shall have jurisdiction of such action and may punish a failure to obey an order of the court under this subsection as a contempt of court.”.


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