Home > 108th Congressional Bills > S. 1404 (rs) To amend the Ted Stevens Olympic and Amateur Sports Act. [Reported in Senate] ...S. 1404 (rs) To amend the Ted Stevens Olympic and Amateur Sports Act. [Reported in Senate] ...
``(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:
EMILY J. REYNOLDS,
Secretary.
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