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108th CONGRESS
1st Session
H. R. 3330
To amend title 36, United States Code, to amend the Federal charter of
the United States Olympic Committee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 17, 2003
Mr. Buyer introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 36, United States Code, to amend the Federal charter of
the United States Olympic Committee.
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 ``United States Olympic Committee
Reform Act''.
SEC. 2. DEFINITIONS.
Section 220501(b) of title 36, United States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) `independent director' means an independent director,
as defined by the bylaws of the corporation, who, at minimum--
``(A) has not been an officer or director of the
Executive Committee of the corporation, during the 3-
year period prior to appointment as an independent
director;
``(B) has not been an officer or a member of the
Athlete's Advisory Council, the National Governing
Bodies Council, or of the International Olympic
Committee, during the 3-year period prior to
appointment as an independent director;
``(C) has not, during the 3-year period prior to
appointment as an independent director, received any
compensation from, and does not have a personal service
contract with, the corporation, any United States
Olympic Entity, any International Olympic entity, or a
member of the corporation's senior management;
``(D) has not, during the 3-year period prior to
appointment as an independent director, had such a
close affiliation with a company or firm that is
counsel, auditor, advisor, paid consultant of, or has a
material business relationship with, the corporation,
any United States Olympic entity, any International
Olympic entity, or a member of the corporation's senior
management, that in the judgment of the Nominating and
Governance Committee would adversely affect the
director's ability to represent the interests of the
United States public in the activities of the
corporation;
``(E) has no relationship with the corporation, any
United States Olympic entity, any International Olympic
entity, or a member of the corporation's senior
management that in the judgment of the Nominating and
Governance Committee would adversely affect the
director's ability to represent the interests of the
United States public in the activities of the
corporation; and
``(F) is not an immediate family member of any
person described in subparagraphs (A) through (E).''.
SEC. 3. PURPOSES.
Section 220503 of title 36, United States Code, is amended to read
as follows:
``Sec. 220503. Purposes
``The purposes of this corporation are--
``(1) to exercise exclusive jurisdiction directly or
through constituent members or committees, over--
``(A) all matters pertaining to the United States
participation in the Olympic Games, the Paralympic
Games, and the Pan American Games, including
representation of the United States in such games; and
``(B) the organization of the Olympic Games, the
Paralympic Games, and the Pan American Games when held
in the United States;
``(2) to obtain for the United States, directly or by
delegation to the appropriate national governing body or
paralympic sports organization, the most competent amateur
representation possible in each event of the Olympic Games, the
Paralympic Games, and the Pan American Games;
``(3) to provide for swift resolution of conflicts or
disputes involving amateur athletes, national governing bodies,
paralympic sports organizations, and amateur sports
organizations, and protect the opportunity of any amateur
athlete, coach, trainer, manager, administrator, or official to
participate in amateur competition; and
``(4) to encourage and provide assistance to amateur
athletic programs and activities for women and men, athletes
with disabilities, and athletes who are racial and ethnic
minorities.''.
SEC. 4. GOVERNANCE.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended by redesignating sections 220505 through 220512 as sections
220506 through 220513, respectively, and inserting after section 220504
the following new section:
``Sec. 220505. Governance
``(a) In General.--Consistent with the provisions of this chapter,
the corporation shall adopt bylaws to establish and maintain provisions
with respect to its governance which shall include the requirements
contained in subsections (b) through (f).
``(b) Board of Directors.--
``(1) In general.--The corporation shall be governed by a
Board of Directors (in this chapter referred to as the `Board')
as follows:
``(A) Elected members.--The Board shall be composed
of 8 elected members who shall be nominated by the
Nominating and Governance Committee (described in
paragraph (7)(C)). The elected members shall consist
of--
``(i) 4 members who shall be independent
directors;
``(ii) 2 members who shall be elected from
among individuals proposed by the National
Governing Bodies Council; and
``(iii) 2 members who shall be elected from
among individuals proposed by the Athlete's
Advisory Council.
``(B) Ex officio members.--The Board shall have as
ex officio members the members of the International
Olympic Committee (IOC) that are required by that
committee's charter.
``(C) Non-voting members.--
``(i) Liaison of the olympic assembly.--The
liaison of the Olympic Assembly (described in
subsection (d)(3)) shall serve as a nonvoting
ex officio member of the Board.
``(ii) Representation of paralympic sports
organization.--Unless at least 1 of the elected
members under subparagraph (A) is a
representative of a paralympic sports
organization, such a representative shall be
appointed by the Nominating and Governance
Committee of the Board to serve as a nonvoting
member of the Board.
``(2) Terms.--Members of the Board shall serve for
appointed terms in accordance with the bylaws of the
corporation. Except as provided in paragraph (6), no member
shall serve on the Board for a period greater than 6 years.
``(3) Qualifications.--Each member shall have demonstrated
the highest character and integrity, significant professional
success, and a commitment to public service, and shall have
demonstrated by their vocation or experience the capacity to
further the objectives and purposes of the United States
Olympic Committee, and shall have such other specific qualities
or expertise as the Board considers necessary.
``(4) Removal.--Members may be removed from the Board only
for cause, in accordance with the bylaws of the corporation.
``(5) Voting.--
``(A) In general.--
``(i) Elected members.--Each of the 8
elected members described in paragraph (1)(A)
shall have the number of votes equal to the
number of ex officio members described in
paragraph (1)(B).
``(ii) Ex officio members.--The ex officio
members described in paragraph (1)(B) shall
each have 1 vote on all matters on which the
Board votes except--
``(I) the selection of the chair of
the Board;
``(II) the election of new members;
``(III) the composition of Board
committees; and
``(IV) any matter which presents
such members with a conflict of
interest.
``(B) Tie votes.--A tie vote shall be broken by the
chair.
``(6) Chair.--
``(A) In general.--The Board shall elect 1 of the
members to serve as chair of the Board, who shall serve
as chair for a term of 4 years. The chair may serve an
additional 2 years (beyond the term established for the
Board in paragraph (2)) in order to complete his or her
4-year term as chair.
``(B) Rotation.--The first chair elected after the
date of enactment of the United States Olympic
Committee Reform Act shall be an independent member, as
described in paragraph (1)(A)(i). Subsequent chairs
shall rotate between independent directors and other
elected members (described in clauses (ii) and (iii) of
paragraph (1)(A)) on a term by term basis. The
appointment of a chair from among such other elected
members may be waived by agreement of 3 of the 4 such
members described in such clauses.
``(7) Committees.--In addition to any committees,
subcommittees, and task forces as may be necessary or
appropriate and for which sufficient funds exist, the Board
shall establish the following standing committees:
``(A) An Audit Committee, consisting of--
``(i) 3 Board members described in
paragraph (1)(A)(i); and
``(ii) 1 Board member described in
paragraph (1)(A)(iii).
``(B) An Ethics Committee, consisting of--
``(i) 3 persons who meet the definition of
`independent director' in section 220501(b)(5)
and who are not members of the Board;
``(ii) 1 person who meets the definition of
`amateur athlete' in section 220501(b)(1) and
who is not a member of the Board; and
``(iii) 1 elected member of the Board
described in paragraph (1)(A).
``(C) A Nominating and Governance Committee and a
Compensation Committee, each consisting of--
``(i) 3 Board members described in
paragraph (1)(A)(i);
``(ii) 1 Board member described in
paragraph (1)(A)(ii); and
``(iii) 1 Board member described in
paragraph (1)(A)(iii).
``(8) Remuneration and travel expenses.--The members of the
Board shall not receive any compensation, fee, salary, or other
remuneration for their service on the Board, but shall be
reimbursed for actual and reasonable travel expenses incurred
for attending Board meetings or in furtherance of duties that
they have been requested to perform by the Chair.
``(9) Duties.--The Board shall have the following duties:
``(A) To oversee the corporation's business and
operations in the United States and abroad, including
all matters relating to financial, commercial, legal,
personnel, and governance.
``(B) To set the policy and direction of the
corporation consistent with the corporation's mission
and purposes.
``(C) To establish a Nominating and Governance
Committee to provide for a process for nominating new
Board members.
``(D) To elect new Board members from among those
persons nominated by the Nominating and Governance
Committee.
``(E) To elect the chair of the Board.
``(F) To select and evaluate the Chief Executive
Officer.
``(G) To oversee the bid city process in the United
States, and to monitor the organizing committee of the
Olympic Games when the Games are held in the United
States.
``(c) Chief Executive Officer.--
``(1) In general.--The corporation shall have a chief
executive officer who shall not be a member of the Board of
Directors. The chief executive officer shall be elected by, and
report to, the Board, as provided in the bylaws of the
corporation. The chief executive officer shall be responsible,
with Board approval, for filling other key senior management
positions as provided in the bylaws of the corporation.
``(2) Duties.--The chief executive officer shall, either
directly or by delegation--
``(A) manage all staff functions and the day-to-day
affairs and business operations of the corporation,
including relations with international organizations;
and
``(B) implement the mission and policies of the
corporation, as determined by the Board.
``(d) Olympic Assembly.--
``(1) In general.--The corporation shall have an Olympic
Assembly (in this chapter referred to as the Assembly) in which
all of the constituencies of the corporation shall be
represented. The size and composition of the Assembly shall be
determined by the Board and shall include--
``(A) Olympic athletes and former Olympic athletes;
``(B) representatives of Olympic sports
organizations;
``(C) representatives of Pan American sports
organizations;
``(D) a representative of an affiliated sports
organization;
``(E) representatives of community-based and
education-based multisport organizations;
``(F) representatives of the United States Armed
Forces; and
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