American Red Cross Transparency Act of 2016

Summary: American Red Cross Transparency Act of 2016 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.  The bill establishes an Office of Investigations, Compliance, and Ethics as a subcommittee of the corporation's Audit and Risk Management Committee. The office shall: (1) conduct formal investigations regarding fraud, waste, abuse, corporation policy violations, illegal or unethical conduct, or other wrongdoing relating to the corporation; and (2) report annually on trends and systemic matters confronting the corporation and on pending and completed investigations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Red Cross Transparency Act 
of 2016''.

SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT.

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

SEC. 3. INVESTIGATIONS, COMPLIANCE, AND ETHICS UNIT.

    (a) In General.--Chapter 3001 of title 36, United States Code, is 
amended--
            (1) by redesignating section 300113 as section 300114; and
            (2) by inserting after section 300112 the following:
``Sec. 300113. Reporting and other authorities of the Office of 
              Investigations, Compliance, and Ethics
    ``(a) In General.--There shall be in the corporation an Office of 
Investigations, Compliance, and Ethics, which--
            ``(1) shall be a subcommittee of the Audit and Risk 
        Management Committee of the corporation; and
            ``(2) shall report directly to the board of governors and 
        the Audit and Risk Management Committee.
    ``(b) Membership.--An individual who is not a member of the board 
of governors of the corporation may be a member of the Office of 
Investigations, Compliance, and Ethics.
    ``(c) Employees.--The Audit and Risk Management Committee of the 
corporation shall determine, in consultation with the Chief Executive 
Officer and the President of the corporation, the number of employees 
that shall be employed by the Office of Investigations, Compliance, and 
Ethics.
    ``(d) Effect of Termination of Audit and Risk Management 
Committee.--If the Audit and Risk Management Committee of the 
corporation ceases to exist--
            ``(1) the Office of Investigations, Compliance, and Ethics 
        shall become a standing committee of the board of governors; 
        and
            ``(2) the board of governors, in consultation with the 
        Chief Executive Officer and President of the corporation, shall 
        determine the number of employees to be employed by the Office 
        of Investigations, Compliance, and Ethics.
    ``(e) Investigations.--
            ``(1) In general.--The Office of Investigations, 
        Compliance, and Ethics shall conduct formal investigations 
        relating to fraud, waste, abuse, corporation policy violations, 
        illegal or unethical conduct, or other wrongdoing relating to 
        the corporation.
            ``(2) Access.--During the course of an investigation under 
        paragraph (1), the Office shall--
                    ``(A) have access to and the right to interview any 
                employee, volunteer, or agent of the corporation; and
                    ``(B) have access to records and be permitted to 
                copy all records and other recorded information, 
                electronic or otherwise, within the possession or 
                control of the corporation, including such records and 
                other recorded information relating to the financial 
                transactions and internal governance of the 
                corporation, that the Office of Investigations, 
                Compliance, and Ethics determines relevant to the 
                investigation.
    ``(f) Reporting.--
            ``(1) Definition.--In this subsection, the term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Finance, the Committee on 
                Foreign Relations, the Committee on Health, Education, 
                Labor, and Pensions, the Committee on Homeland Security 
                and Governmental Affairs, and the Committee on the 
                Judiciary of the Senate; and
                    ``(B) the Committee on Energy and Commerce, the 
                Committee on Foreign Affairs, the Committee on Homeland 
                Security, the Committee on the Judiciary, and the 
                Committee on Ways and Means of the House of 
                Representatives.
            ``(2) Reports.--The Office of Investigations, Compliance, 
        and Ethics shall annually submit to the appropriate 
        congressional committees, the board of governors, the Audit and 
        Risk Management Committee, the Chief Executive Officer of the 
        corporation, the President, the Comptroller General, and to any 
        Member of Congress (upon request)--
                    ``(A) a report--
                            ``(i) discussing any trends and systemic 
                        matters that the Office of Investigations, 
                        Compliance, and Ethics has identified 
                        confronting the corporation; and
                            ``(ii) providing the number of pending 
                        investigations by the Office of Investigations, 
                        Compliance, and Ethics and the general 
                        substance of the investigations; and
                    ``(B) the final report regarding each investigation 
                completed by the Office of Investigations, Compliance, 
                and Ethics during the year covered by the report under 
                subparagraph (A).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 3001 of title 36, United States Code, is amended by striking 
the item relating to section 300113 and inserting the following:

``300113. Reporting and other authorities of the Office of 
                            Investigations, Compliance, and Ethics.
``300114. Reservation of right to amend or repeal.''.