U.S. Code » Title 36 » Subtitle Subtitle III— Treaty Obligation Organizations › Chapter CHAPTER 3001— THE AMERICAN NATIONAL RED CROSS

36 U.S.C. § 300105

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(a)General.—The corporation may—(1) adopt policies and regulations;(2) adopt, alter, and destroy a seal;(3) own and dispose of property to carry out the purposes of the corporation;(4) accept gifts, devises, and bequests of property to carry out the purposes of the corporation;(5) sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; and(6) do any other act necessary to carry out this chapter and promote the purposes of the corporation.(b)Designation.—The corporation is designated as the organization authorized to act in matters of relief under the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949.(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492; Pub. L. 110–26, § 7, May 11, 2007, 121 Stat. 108.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

300105

36:2 (1st sentence words between 2d comma and 3d semicolon and after 4th semicolon).

Jan. 5, 1905, ch. 23, § 2 (1st sentence words between 2d comma and 3d semicolon and after 4th semicolon), 33 Stat. 600; May 8, 1947, ch. 50, § 3, 61 Stat. 81.

In subsection (a)(1), the word “adopt” is substituted for “ordain and establish” for consistency in the revised title. The words “not inconsistent with the laws of the United States of America or any State thereof” are omitted as unnecessary.

In subsection (a)(2), the words “adopt, alter, and destroy a seal” are substituted for “adopt a seal and the same to alter and destroy at pleasure” for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(3), the words “own and dispose of property” are substituted for “to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same” for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(4), the word “property” is substituted for “real and personal estate” for clarity and consistency in the revised title.

In subsection (a)(6), the word “things” is omitted as included in “act”. The words “carry out this chapter” are substituted for “carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title” for clarity and because under 36:1a the corporation existing under those sections continued under the source provisions restated in the revised chapter.

In subsection (b), the words “treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949” are substituted for “said treaties” for clarity and consistency in the chapter.

Editorial NotesAmendments

2007—Subsec. (a)(1). Pub. L. 110–26 substituted “policies” for “bylaws”.

Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1999–2025 · leading case: Pirelli Armstrong Tire Corp. Retiree Med. Benefits Trust v. Raines, 534 F.3d 779 (D.C. Cir. 2008).
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Pirelli Armstrong Tire Corp. Retiree Med. Benefits Trust v. Raines, 534 F.3d 779 (D.C. Cir. 2008). · cites it 4× “§ 2 (now codified as amended at 36 U.S.C. § 300105 (a)(5))). The Court held that this sue-and-be-sued clause conferred federal subject-matter jurisdiction over cases in which the Red Cross was a party.”
Lightfoot v. Cendant Mortg. Corp., 137 S. Ct. 553 (2017). “The Red Cross' sue-and-be-sued clause, which permits it to "sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States," 36 U.S.C. § 300105 (a)(5), confers jurisdiction.”
Lightfoot v. Cendant Mortg. Corp, 137 S. Ct. 533 (2017). “The Red Cross’ sue-and-be-sued clause, which permits it to “sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States,” 36 U. S. C. §300105 (a)(5), confers jurisdiction.”
Lauren Ross v. Am. Red Cross, 567 F. App'x 296 (6th Cir. 2014). “The Red Cross invoked the district court’s jurisdiction under 86 U.S.C. § 300105 (a)(5), a provision in the Red Cross’s charter providing that it may “sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States.”
Warren v. Fed. Nat'l Mortg. Ass'n, 55 F. Supp. 3d 915 (N.D. Tex. 2014). · cites it 3× “” 36 U.S.C. § 300105 (a)(5) (2000) (emphasis added).”
Roberts v. Palmer, 354 F. Supp. 2d 1041 (E.D. Mo. 2005). “Plaintiff further alleges that defendant Palmer's negligent operation of her motor vehicle was caused by defendant American Red Cross' (Red Cross') negligence in permitting Palmer to operate a motor vehicle and in failing to advise Palmer not to operate a motor vehicle, after…”
Elias v. Am. Nat'l Red Cross, 271 F. Supp. 2d 1370 (N.D. Ala. 2003). · cites it 4× “In rapid succession, the court has been assigned two unrelated cases, both of which were removed from a state court by the American National Red Cross (“Red Cross”) pursuant to a specialized jurisdictional statute, 36 U.S.C. § 300105 (a)(5). Defendants, Red Cross and June…”
Grobelny v. Baxter Healthcare Corp., 341 F. App'x 803 (3rd Cir. 2009). “Fang for noncompliance with New Jersey’s affidavit of merit requirement, N.”
McDaniel v. Am. Red Cross, Johnstown Region, 58 F. Supp. 2d 628 (W.D. Pa. 1999). “After the incident was reported, both plaintiffs were dismissed for violating Red Cross policy in having failed to report an incident of sexual harassment; neither has since found comparable work.”
Sturman v. Rush-Presbyterian-St. Luke's Med. Ctr., 128 F. Supp. 2d 1141 (N.D. Ill. 2001). · cites it 2× “In that respect it is critical to note that 36 U.S.C. § 300105 (a)(5), the portion of the congressional enactment incorporating Red Cross that deals with its power to engage in litigation, says only this: (a) The corporation may— ‡ # ;}? ‡ ifc (5) sue and be sued in courts of…”
Baumann v. Am. Nat'l Red Cross, 262 F. Supp. 2d 965 (C.D. Ill. 2003). “Defendant’s Motion for Leave to File Reply to Plaintiffs Response to Defendant’s Motion to Dismiss [# 6] is DENIED as moot.”
Fed. Nat'l Mortg. Ass'n v. Sealed, 457 F. Supp. 2d 41 (D.D.C. 2006). · cites it 3× “” 36 U.S.C. § 300105 (a)(5) (2000); see also Am.”
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