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H.R. 3331 (ih) To conserve Atlantic highly migratory species of fish, and for other purposes. [Introduced in House] ...


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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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