S. 1404 (is) To amend the Ted Stevens Olympic and Amateur Sports Act. x x [Introduced in Senate] ...

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                report to the chief executive officer of the 
                corporation.
                    ``(B) Certain parties.--Notwithstanding 
                subparagraph (A), the chief ethics officer shall report 
                to the ethics committee whenever an alleged violation 
                involves--
                            ``(i) senior management or directors of the 
                        corporation;
                            ``(ii) officers or directors of a member 
                        organization;
                            ``(iii) a bid city; or
                            ``(iv) the International Olympic Committee.
    ``(c) Ethics Policy.--The ethics committee shall establish an 
ethics policy for the corporation, subject to the approval of the board 
of directors, modeled upon the best practices used in corporate and 
government offices. The policy shall include--
            ``(1) a conflict of interest policy;
            ``(2) an anti-discrimination policy;
            ``(3) a workplace harassment policy;
            ``(4) a gift, travel reimbursement, honorarium, and outside 
        income policy;
            ``(5) a financial propriety policy, including a prohibition 
        on loans to corporation officers and employees;
            ``(6) a bid-city policy which includes a transparent and 
        objective set of criteria published in advance by which the 
        corporation will choose a United States city to submit a bid to 
        the International Olympic Committee for an Olympic games, which 
        adheres in all respects to the rules and ethics guidelines of 
        the Olympic Charter and the International Olympic Committee, 
        and which applies to the leaders and staff of a city, or 
        organizations representing a bid city, that file an official 
        bid with the corporation to host Olympic games;
            ``(7) potential sanctions and penalties for violations of 
        the ethics policy, which may include removal from corporation 
        duties;
            ``(8) a procedure for reporting and investigating potential 
        ethics violations; and
            ``(9) procedures to assure due process for any individual 
        accused of an ethics violation, including--
                    ``(A) a timely hearing before the ethics committee;
                    ``(B) the right to be represented by counsel; and
                    ``(C) access to all documentation and statements 
                that would be used in an ethics proceeding against that 
                individual.
    ``(d) Written Statement Required.--All members of the board, 
employees, and officers, directors of member organizations, and leaders 
or representatives of United States bid cities must sign a statement 
that they have read the corporation's ethics policy and agree to abide 
by its rules.
    ``(e) Ethics Committee Adjudication of Violations.--When the ethics 
committee determines that an individual has violated the corporation's 
ethics policy, it will report to the Board and may make recommendations 
for action to be taken.
    ``(f) Investigation, Reporting, and Review Procedures.--The ethics 
committee shall establish a procedure for the prompt review and 
investigation of ethics violations, and establish regular reporting and 
review procedures to document the number and types of complaints or 
issues brought to the ethics committee and the ethics officer.
    ``(g) Outside Counsel.--The ethics committee may hire outside 
counsel to conduct investigations, report findings, and make 
recommendations.
    ``(h) Bid City Defined.--In this section, the term `bid city' means 
1 or more cities, States, regional organizations, or other 
organizations that file an official bid with the corporation to be 
chosen as the site nominated by the United States to the International 
Olympic Committee to host an Olympic Games.''.
    (b) Transition.--The individuals serving as members of the board of 
directors of the United States Olympic Committee on the date of 
enactment of this Act shall continue to serve as the board of directors 
until a board of directors has been elected under subsection (c)(2) of 
this section.
    (c) Initial Nominating and Governance Committee.--
            (1) In general.--Until the initial board of directors has 
        been elected and taken office, the nominating and governance 
        committee required by section 220541(f) of title 36, United 
        States Code, shall consist of--
                    (A) 1 individual selected by the Athlete's Advisory 
                Council from among its members;
                    (B) 1 individual selected by the National Governing 
                Bodies' Council from among its members;
                    (C) 1 individual selected by the public-sector 
                directors of the United States Olympic Committee from 
                among such directors serving on the date of enactment 
                of this Act;
                    (D) 1 individual selected by the Independent 
                Commission on Reform of the established by the United 
                States Olympic Committee in March, 2003, from among its 
                members, who shall chair the committee; and
                    (E) 1 individual selected by the Governance and 
                Ethics Task Force established by the United States 
                Olympic Committee in February, 2003, from among its 
                members.
            (2) Election of new board of directors.--The nominating and 
        governance committee established by paragraph (1) shall--
                    (A) elect an initial board or directors who shall 
                serve for the terms provided in section 220541(c)(2) of 
                title 36, United States Code; and
                    (B) elect 1 of the members described in section 
                220541(b)(2)(A) of that title to serve as chair until 
                the terms of the members elected under subparagraph (A) 
                have expired.
    (d) Conforming Amendments.--
            (1) Representation requirements.--Section 220504(b) is 
        amended--
                    (A) by striking ``representation of--'' and 
                inserting ``representation on its board of directors 
                and in its assembly of--''; and
                    (B) by striking subparagraph (B) of paragraph (2) 
                and inserting the following:
                    ``(B) ensure that--
                            ``(i) the membership and voting power of 
                        such amateur athletes is not less than 20 
                        percent of the membership and voting power of 
                        each committee, subcommittee, working group, or 
                        other subordinate decision-making group, of the 
                        corporation; and
                            ``(ii) the voting power held by members of 
                        the board of directors who were nominated by 
                        the Athlete's Advisory Council is not less than 
                        20 percent of the total voting power held in 
                        the board of directors;''.
            (2) Constitution and bylaws.--Section 220505(a) is 
        amended--
                    (A) by striking ``bylaws.'' and inserting ``bylaws 
                consistent with this chapter, as determined by the 
                board of directors. The board of directors shall adopt 
                and amend the constitution and bylaws of the 
                corporation, consistent with this chapter.'';
                    (B) by inserting ``the board of directors proposes 
                and approves by majority vote such an amendment and'' 
                after ``only if''; and
                    (C) by striking ``publication,'' in paragraph (1) 
                and inserting ``publication and on its website,''.
            (3) Ombudsman to report to board of directors.--Section 
        220509(b) is amended--
                    (A) by inserting ``the board of directors and'' in 
                paragraph (1)(C) after ``report to'';
                    (B) by striking ``corporation's executive 
                director'' in paragraph (2)(A)(i) and inserting ``board 
                of directors'';
                    (C) by striking clauses (ii) and (iii) of paragraph 
                (2)(A) and inserting the following:
                            ``(ii) The board of directors shall hire or 
                        not hire such person after fully considering 
                        the advice and counsel of the Athlete's 
                        Advisory Council.'';
                    (D) by striking ``corporation'' the first place it 
                appears in paragraph (2)(B) and inserting ``board of 
                directors'';
                    (E) by striking ``to the corporation's executive 
                committee by either the corporation's executive 
                director'' in paragraph (2)(B)(ii) and inserting ``by 1 
                or more members of the board of directors''; and
                    (F) by striking ``corporation's executive 
                committee'' in paragraph (2)(B)(iii) and inserting 
                ``board of directors''.
            (4) Eligibility requirements.--Section 220522(a)(4)(B) is 
        amended by striking ``corporation's executive committee'' and 
        inserting ``board of directors''.
            (5) Chapter analysis.--The chapter analysis for chapter 
        2205 is amended by adding at the end the following:

                      ``SUBCHAPTER III. GOVERNANCE

        ``220541. Board of directors
        ``220542. Assembly
        ``220543. Chief executive officer
        ``220544. Whistleblower procedures and protections
        ``220545. Ethics and compliance''.

SEC. 5. REPORTS.

    Section 220511 is amended--
            (1) by striking so much of subsection (a) as precedes 
        paragraph (2) and inserting the following:
    ``(a) Biennial Report.--On or before the first day of June of every 
other year, the corporation shall transmit simultaneously to the 
President and to each House of Congress a detailed report of its 
operations for the preceding 2 years, including--
            ``(1) annual financial statements--
                    ``(A) audited in accordance with generally accepted 
                accounting principles by an independent certified 
                public accountant; and
                    ``(B) certified by the chief executive officer and 
                the chief financial officer of the corporation as to 
                their accuracy and completeness;'';
            (2) by striking ``4-year period;'' in subsection (a)(2) and 
        inserting ``2-year period;''; and
            (3) by inserting ``free of charge on its website (or via a 
        similar medium that is widely available to the public), and 
        otherwise'' in subsection (b) after ``persons''.

SEC. 6. RELOCATION OF HEADQUARTERS.

    Section 220508 is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        corporation shall''; and
            (2) by adding at the end the following:
    ``(b) Relocation of Headquarters.--The corporation may not relocate 
its principal office and national headquarters after the date of 
enactment of the United States Olympic Committee Reform Act unless--
            ``(1) the board of directors determines that relocation of 
        the principal office and national headquarters is in the best 
        interests of the corporation;
            ``(2) the board, by rollcall vote, agrees unanimously to 
        refer the proposed relocation of the principal office and 
        national headquarters to the assembly for its concurrence; and
            ``(3) the assembly, by a vote of not less than three-fifths 
        of its members duly chosen and qualified, concurs in the 
        determination of the board.''.

SEC. 7. SENIOR OLYMPICS.

    Notwithstanding section 220506(a) of title 36, United States Code, 
the National Senior Games Association of Baton Rouge, Louisiana, is 
authorized to use the words ``Senior Olympics'' to promote national 
athletic competition among senior citizens.

            Passed the Senate September 23, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1404

_______________________________________________________________________

                                 AN ACT

        To amend the Ted Stevens Olympic and Amateur Sports Act.

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