F:\M14\THOMMS\THOMMS_029.XML ..................................................................... (Original Signature of Member) H. R. ll 114TH CONGRESS 1ST SESSION To amend title 36, United States Code to enhance oversight of the American National Red Cross by the Government Accountability Office and Inspectors General at the Departments of Homeland Security, Treasury, and State, and require the Department of Homeland Security to conduct a pilot program with the American National Red Cross to research and develop mechanisms for the Department to better leverage social media to improve preparedness and response capabilities, and for other purposes IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of Mississippi introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To amend title 36, United States Code to enhance oversight of the American National Red Cross by the Government Accountability Office and Inspectors General at the Departments of Homeland Security, Treasury, and State, and require the Department of Homeland Security to conduct a pilot program with the American National Red Cross to research and develop mechanisms for the Department to better leverage social media to improve preparedness and response capabilities, and for other purposes f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 2 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘American Red Cross 5 Sunshine Act’’. 6 SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE OVER- 7 8 SIGHT. Section 300111 of title 36, United States Code, is 9 amended to read as follows: 10 ‘‘§ 300111. Authority of the Comptroller General of 11 12 the United States ‘‘(a) IN GENERAL.—The Comptroller General of the 13 United States is authorized to review the corporation’s in14 volvement in any Federal program or activity the Govern15 ment carries out under law, including any program or ac16 tivity that the corporation carries out in connection with 17 events for which the Government provides leadership or 18 support under the national preparedness system estab19 lished under section 644 of the Department of Homeland 20 Security Appropriations Act, 2007 (6 U.S.C. 744), or any 21 successor system. 22 ‘‘(b) ACCESS.—For purposes of carrying out this sec- 23 tion, the Comptroller General of the United States shall 24 have access to and the right to examine and copy all 25 records and other recorded information, electronic or oth- f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 3 1 erwise, within the possession or control of the corporation 2 that the Comptroller General determines relevant to a re3 view authorized under subsection (a), including such 4 records and other recorded information pertaining to the 5 corporation’s financial transactions and internal govern6 ance. The Comptroller General shall be provided access, 7 and be permitted to interview, any employee or volunteer 8 of the corporation who the Comptroller General believes 9 to have knowledge relevant to such a review. 10 ‘‘(c) ENFORCEMENT.— 11 ‘‘(1) IN Comptroller General of 12 the United States may subpoena a record of the 13 American National Red Cross or subpoena an em- 14 ployee of the American National Red Cross to ap- 15 pear for an interview when the record or employee 16 is not made available to the Comptroller General 17 upon request under this section. A subpoena shall 18 identify the record or employee, and may be issued 19 by the Comptroller General. The Comptroller Gen- 20 eral may have an individual serve a subpoena under 21 this subsection by delivering a copy to the chief exec- 22 utive officer of the American National Red Cross or 23 by mailing a copy of the subpoena by certified or 24 registered mail, return receipt requested, to its prin- 25 cipal place of business. Proof of service is shown by f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 GENERAL.—The 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 4 1 a verified return by the individual serving the sub- 2 poena that states how the subpoena was served or 3 by the return receipt signed by the person served. 4 ‘‘(2) ACTION.—If the American National Red 5 Cross does not comply with a subpoena issued under 6 paragraph (1), the Comptroller General of the 7 United States, acting through an attorney the 8 Comptroller General designates in writing, may 9 bring a civil action in the district court of the 10 United States for the District of Columbia to require 11 it to produce the record or employee that is the sub- 12 ject of such subpoena. The court shall have jurisdic- 13 tion of such action and may punish a failure to obey 14 an order of the court under this subsection as a con- 15 tempt of court.’’. 16 SEC. 3. INTERNAL REPORTING AND DISPUTE RESOLUTION. 17 Subsection (a) of section 300112 of title 36, United 18 States Code, is amended to read as follows: 19 ‘‘(a) ESTABLISHMENT.—The corporation shall estab- 20 lish an Office of the Ombudsman to enhance dispute reso21 lution regarding concerns raised to the Office of the Om22 budsman by internal and external stakeholders regarding 23 the corporation, regularly report to the board of governors 24 information on trends and patterns on concerns commu25 nicated to the Office of the Ombudsman regarding the cor- f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 5 1 poration, and carry out such other duties and responsibil2 ities as may be provided in the bylaws or a resolution of 3 the board of governors.’’. 4 SEC. 4. INSPECTORS GENERAL OVERSIGHT. 5 (a) IN GENERAL.—Chapter 3001 of title 36, United 6 States Code, is amended by adding at the end the fol7 lowing new sections: 8 ‘‘§ 300114. Treasury Inspector General for Tax Admin9 10 istration audit ‘‘Not later than one year after the date of the enact- 11 ment of this section, the Treasury Inspector General for 12 Tax Administration shall conduct an audit of the corpora13 tion’s revenues, expenditures, and governance not less 14 often than once every three years. Such audit shall be 15 posted on the website of the Treasury Inspector General 16 for Tax Administration. In carrying out this section, the 17 Treasury Inspector General for Tax Administration shall 18 coordinate activities to maximize the effectiveness of over19 sight activities, avoid unnecessary duplication of efforts, 20 and minimize administrative burdens on the corporation. 21 ‘‘§ 300115. Department of Homeland Security Inspec22 23 tor General audit ‘‘Not later than two years after the date of the enact- 24 ment of this section, the Inspector General of the Depart25 ment of Homeland Security shall evaluate the performance f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 6 1 of the corporation’s disaster assistance services pursuant 2 to paragraph (4) of section 300102, including services pro3 vided in connection with the national preparedness system 4 established under section 644 of the Department of Home5 land Security Appropriations Act, 2007 (6 U.S.C. 744), 6 or any successor system, not less often than once every 7 three years. Such audit shall be posted on the website of 8 the Inspector General. In carrying out this section, the 9 Inspector General shall coordinate activities to maximize 10 the effectiveness of oversight activities, avoid unnecessary 11 duplication of efforts, and minimize administrative bur12 dens on the corporation. 13 ‘‘§ 300116. United States Agency for International De14 velopment Inspector General audit 15 ‘‘Not later than three years after the date of the en- 16 actment of this section, the Inspector General of the 17 United States Agency for International Development shall 18 evaluate the performance of the corporation’s inter19 national activities not less often than once every three 20 years. Such audit shall be posted on the website of the 21 Inspector General. In carrying out this section, the Inspec22 tor General shall coordinate activities to maximize the ef23 fectiveness of oversight activities, avoid unnecessary dupli24 cation of efforts, and minimize administrative burdens on 25 the corporation.’’. f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 7 1 (b) CLERICAL AMENDMENT.—The table of contents 2 of chapter 3001 of title 36 is amended by adding at the 3 end the following new items: ‘‘300114. Treasury Inspector General for Tax Administration. ‘‘300115. Department of Homeland Security Inspector General audit. ‘‘300116. United States Agency for International Development Inspector General audit.’’. 4 SEC. 5. ACCESSING THE OMBUDSMAN. 5 Not later than 60 days after the date of the enact- 6 ment of this Act, the American National Red Cross shall 7 make prominent on its website information on how to sub8 mit to the Office of the Ombudsman of the American Na9 tional Red Cross concerns about the organization, includ10 ing concerns related to the administration of its programs, 11 policies, fundraising activities, advertising messages, and 12 employment practices. 13 SEC. 6. DEPARTMENT OF HOMELAND SECURITY PILOT 14 15 PROGRAM. (a) IN GENERAL.—The Secretary of Homeland Secu- 16 rity, acting through the Under Secretary for Science and 17 Technology of the Department of Homeland Security, 18 shall conduct a one year pilot program with the American 19 National Red Cross to research and develop mechanisms 20 for the Department to better leverage social media to im21 prove preparedness and response capabilities, including 22 the following; f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 8 1 (1) The timely dissemination of public pre- 2 paredness information for terrorist attacks and other 3 disasters. 4 (2) The delivery of response supplies to affected 5 areas. 6 (b) REPORT.—Not later than 90 days after comple- 7 tion of the pilot program required under subsection (a), 8 the Secretary of Homeland Security shall submit to the 9 Committee on Homeland Security of the House of Rep10 resentatives and the Committee on Homeland Security 11 and Governmental Affairs of the Senate a report on the 12 lessons learned from such pilot program and any plan to 13 integrate such lessons into operations of the Department 14 of Homeland Security. 15 SEC. 7. ANNUAL REPORT. 16 On an annual basis, together with the President’s 17 submission of a budget request under section 1105 of title 18 31, United States Code, the Secretary of Homeland Secu19 rity shall submit to Committee on Homeland Security of 20 the House of Representatives and the Committee on 21 Homeland Security and Governmental Affairs of the Sen22 ate a report on the extent to which the Department of 23 Homeland Security partnered with the American National 24 Red Cross in furtherance of preparedness and response 25 capabilities in the previous year. f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1. F:\M14\THOMMS\THOMMS_029.XML 9 1 SEC. 8. RULE OF CONSTRUCTION. 2 Nothing in this Act or the amendments made by this 3 Act may be construed as hindering, reducing, impeding, 4 or otherwise impacting the ability of a State to conduct 5 oversight or investigations of the American National Red 6 Cross. f:\VHLC\091415\091415.127.xml September 14, 2015 (3:53 p.m.) VerDate 0ct 09 2002 15:53 Sep 14, 2015 Jkt 000000 (611454 5) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THOMMS~1.