§ 300104. — Board of governors.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 36USC300104]
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle III--Treaty Obligation Organizations
CHAPTER 3001--THE AMERICAN NATIONAL RED CROSS
Sec. 300104. Board of governors
(a) Board of Governors.--(1) The board of governors is the governing
body of the corporation with all powers of governing and managing the
corporation. The board has 50 members. The governors shall be appointed
or elected in the following manner:
(A) The President shall appoint eight governors, one of whom the
President shall designate to act as the principal officer of the
corporation with the title and functions provided in the bylaws. The
other governors appointed by the President shall be officials of
departments and agencies of the United States Government, whose
positions and interests qualify them to contribute to carrying out
the programs and purposes of the corporation. At least one, but not
more than three, of those officials shall be selected from the Armed
Forces.
(B) The chapters shall elect 30 governors at the national
convention under procedures for nomination and election that ensure
equitable representation of all chapters, with regard to
geographical considerations, the size of the chapters, and the size
of the populations served by the chapters.
(C) The board shall elect 12 governors as members-at-large.
Those governors shall be individuals who are representative of the
national interests that the corporation serves, and with which it is
desirable that the corporation have close association.
(2) One-third of the members elected to the board shall be elected
at each national convention, and take office at that time or as soon as
practicable after the convention.
(b) Term of Office and Vacancies.--(1) The term of office of each
governor is 3 years. However, the term of office of a governor appointed
by the President (except the principal officer of the corporation)
expires if, before the end of the 3-year term, the governor retires from
the official position held at the time of appointment as a governor.
(2) The President shall fill as soon as practicable a vacancy in the
office of the principal officer of the corporation or in the position of
another governor appointed by the President. The board shall make a
temporary appointment to fill a vacancy occurring in an elected position
on the board. An individual appointed by the board to fill a vacancy
serves until the next national convention.
(c) Executive Committee.--The board may--
(1) appoint, from its own members, an executive committee of at
least 11 individuals to exercise the powers of the board when the
board is not in session; and
(2) appoint and remove, or provide for the appointment and
removal of, officers and employees of the corporation, except the
principal officer of the corporation.
(d) Voting by Proxy.--Voting by proxy is not allowed at any meeting
of the board, at the national convention, or at any meeting of a
chapter. However, the board may allow the election of governors by proxy
at the national convention if the board believes a national emergency
makes attendance at the national convention impossible.
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1491.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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300104(a)............................. 36:5 (matter before (a)), (a), Jan. 5, 1905, ch. 23, Sec. 5 (matter
(b), (c) (1st, 3d pars.). before (a)), (a), (b), (c) (1st-5th
pars., last par.), 33 Stat. 601; Dec.
10, 1912, ch. 1, Sec. 1, 37 Stat.
647; Mar. 3, 1921, ch. 131, Sec. 1,
41 Stat. 1354; May 8, 1947, ch. 50,
Sec. 6, 61 Stat. 82, 83.
300104(b)............................. 36:5(c) (2d, 4th pars.).
300104(c)............................. 36:5(c) (5th par.).
300104(d)............................. 36:5(c) (last par.).
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In subsection (a)(1), before clause (A), the word ``direction'' is
omitted as included in ``governing and managing''. In clause (A), the
words ``of the United States'' and ``as may from time to time be'' are
omitted as unnecessary.
In subsection (a)(2), the words ``One-third of the members elected
to the board shall be elected at each national convention, and take
office at that time or as soon as practicable after the convention'' are
substituted for 36:5(c) (3d par.) to eliminate unnecessary words.
In subsection (b)(1), the words ``if, before the end of the 3-year
term, the governor retires from the official position held at the time
of appointment as a governor'' are substituted for ``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'' for clarity and to eliminate unnecessary
words.
In subsection (b)(2), the words ``as soon as practicable'' are
substituted for ``as soon as may be'' for clarity. The words ``that may
occur by death, resignation, or otherwise'' are omitted as unnecessary.
The words ``a vacancy occurring in an elected position on the board''
are substituted for ``Any vacancy that may occur in the Governors
elected by the chapters pursuant to subsection (b) of this section or in
the Governors-at-large elected by the Board of Governors pursuant to
subsection (c) of this section'' to eliminate unnecessary words. The
words ``An individual appointed by the board to fill a vacancy serves''
are substituted for ``such appointees to serve'' for clarity.
In subsection (c)(2), the words ``of the corporation'' are
substituted for ``designated by the President of the United States'' for
consistency in the revised section.
