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] ...
108th CONGRESS
1st Session
S. 1404
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2003
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend the Ted Stevens Olympic and Amateur Sports Act.
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. FINDINGS.
The Congress finds the following:
(1) There is a widespread loss of confidence in the United
States Olympic Committee.
(2) Restoring confidence in the United States Olympic
Committee is critical to achieving the original intent of the
Ted Stevens Amateur and Olympic Sports Act.
(3) Confusion exists concerning the primary purposes and
priorities of the United States Olympic Committee.
(4) The current governance structure of the United States
Olympic Committee is dysfunctional.
(5) The ongoing national corporate governance debate and
recent reforms have important implications for the United
States Olympic Committee.
(6) There exists no clear line of authority between the
United States Olympic Committee volunteers and the United
States Olympic Committee paid staff.
(7) There is a widespread perception that the United States
Olympic Committee lacks financial transparency.
SEC. 3. AMENDMENT OF TED STEVENS OLYMPIC AND AMATEUR SPORTS ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Ted Stevens Olympic and
Amateur Sports Act (36 U.S.C. 220501 et seq.).
SEC. 4. GOVERNANCE OF THE UNITED STATES OLYMPIC COMMITTEE.
(a) In General.--The Act (36 U.S.C. 220501) is amended by adding at
the end the following:
``SUBCHAPTER III. GOVERNANCE
``Sec. 220541. Board of directors
``(a) In General.--The board of directors is the governing body of
the corporation and shall establish the policies and priorities of the
corporation. The board of directors shall have the full authority to
manage the affairs of the corporation.
``(b) Structure of the Board.--
``(1) In general.--The board of directors shall consist of
9 elected members and the ex officio members described in
paragraph (3).
``(2) Elected members.--The elected directors, elected as
provided in subsection (g), are--
``(A) 5 independent directors, as defined in the
constitution and bylaws of the corporation;
``(B) 2 directors elected from among those
nominated by the Athletes' Advisory Council, who at the
time of nomination meet the specifications of section
220504(b)(2)(B) of this title; and
``(C) 2 directors elected from among those
nominated by the National Governing Bodies' Council.
``(3) Ex officio members.--The ex officio members are--
``(A) the speaker of the assembly; and
``(B) the International Olympic Committee member or
members from the United States who are required to be
ex officio members of the executive organ of the
corporation under the terms of the Olympic Charter.
``(c) Terms of Office.--
``(1) Elected directors.--The term of office of an elected
director shall be 4 years. An individual elected to replace a
director who does not serve a full 4-year term shall be elected
initially to serve only the balance of the expired term of the
member that director replaces. No director shall be eligible
for reelection, except a director whose total period of
service, if elected, would not exceed 6 years. The chair of the
board shall be eligible to serve an additional 2 years as
required to complete his or her term as chair.
``(2) Staggered terms.--Notwithstanding paragraph (1), of
the directors first elected to the board after the date of
enactment of the United States Olympic Committee Reform Act--
``(A) 2 of the directors elected under paragraph
(2)(A) shall be elected for terms of 2 years;
``(B) 3 of the directors elected under paragraph
(2)(A) shall be elected for terms of 4 years;
``(C) 1 of the directors elected under paragraph
(2)(B) shall be elected for a term of 2 years;
``(D) 1 of the directors elected under paragraph
(2)(B) shall be elected for a term of 4 years;
``(E) 1 of the directors elected under paragraph
(2)(C) shall be elected for a term of a term of 2
years; and
``(F) 1 of the directors elected under paragraph
(2)(C) shall be elected for a term of a term of 4
years.
``(3) Ex officio members.--The speaker of the assembly
shall serve as a non-voting ex officio member of the board
while holding the position of speaker of the assembly. An
International Olympic Committee member shall serve as an ex
officio member of the board for so long as the member is a
member of that Committee.
``(d) Voting.--
``(1) Elected members.--Each elected director shall have 1
vote on all matters on which the board votes, consistent with
the constitution and bylaws of the corporation.
``(2) Ex officio members.--Each voting ex officio member
shall have 1 vote on matters on which the ex officio members
vote, consistent with the constitution and bylaws of the
corporation, and the votes of the ex officio members shall be
weighted such that, in the aggregate, the votes of all voting
ex officio members are equal to the vote of one elected
director.
``(3) Tie votes.--In the event of a tie vote of the board,
the vote of the chair of the board shall serve to break the
tie.
``(4) Quorum.--The board may not take action in the absence
of a quorum, which shall be 7 members, of whom at least 3 shall
be members described in subsection (b)(2)(A).
``(e) Chair of the Board.--The board shall elect 1 of the members
described in subsection (b)(2) to serve as chair of the board first
elected after the date of enactment of the United States Olympic
Committee Reform Act. The chair of the board shall preside at all
meetings of the board and have such other duties as may be provided in
the constitution and bylaws of the corporation. No individual may hold
the position of chair of the board for more than 4 years.
``(f) Committees.--
``(1) In general.--The board of directors shall establish
the following 4 standing committees:
``(A) The Audit Committee.
``(B) The Compensation Committee.
``(C) The Ethics Committee.
``(D) The Nominating and Governance Committee.
``(2) Committee membership.--The Compensation Committee
shall consist of 3 board members selected by the board. The
Audit Committee, Ethics Committee, and Nominating and
Governance Committee shall each consist of--
``(A) 3 board members described in subsection
(b)(2)(A), selected by the board;
``(B) 1 board member described in subsection
(b)(2)(B), selected by the board; and
``(C) 1 board member described in subsection
(b)(2)(C), selected by the board.
``(3) Additional committees.--The board may establish such
additional committees, subcommittees, and task forces as may be
necessary or appropriate and for which sufficient funds exist.
``(g) Nomination and Election.--
``(1) In general.--The nominating and governance committee
shall recommend candidates to the board of directors to fill
vacancies on the board as provided in the constitution and
bylaws of the corporation. For each vacancy that is to be
filled by a nominee of the Athletes' Advisory Council or the
National Governing Bodies' Council, the Athletes' Advisory
Council or the National Governing Bodies' Council shall
recommend 3 individuals to the nominating and governance
committee, which shall nominate 1 of the recommended
individuals to the board of directors.
``(2) Recusal of members eligible for re-election.--Any
member of the nominating and governance committee who is
eligible for re-election by virtue of serving for an initial
term of less than 2 years shall be recused from participation
in the nominating and recommendation process.
``(3) Board to elect members.--Except as provided in
section 4(c)(2) of the United States Olympic Committee Reform
Act, the board of directors shall elect directors from the
candidates proposed by the nominating and governance committee.
``Sec. 220542. Assembly
``(a) In General.--
``(1) Forum function.--The assembly shall be a forum for
all stakeholders of the corporation. The assembly shall have an
advisory function only, except as otherwise expressly provided
in this chapter.
``(2) Voting on matters relating to the olympic games.--The
assembly shall have the right to vote on, and shall have
ultimate authority to decide, matters relating to the Olympic
Games. The board of directors shall determine whether a matter
is a question relating to the Olympic Games on which the
assembly is entitled to vote. The determination of the board
shall be final and binding.
``(3) Meetings.--The assembly shall convene annually in a
meeting open to the public. The board of directors may convene
special meetings of the assembly.
``(4) Annual budget.--The board of directors shall
establish an annual budget for the assembly, as provided in the
constitution and bylaws of the corporation. In establishing the
budget, the board of directors shall take into account the
interest of the corporation in minimizing the costs associated
with the assembly.
``(b) Structure of the Assembly.--
``(1) In general.--The assembly shall consist of--
``(A) representatives of the constituencies of the
corporation specified in section 220504 of this title
(other than former United States Olympic Committee
members);
``(B) the International Olympic Committee's members
for the United States; and
``(C) not more than 3 individuals who have
represented the United States in an Olympic Games not
within the preceding 10 years, selected through a
process to be determined by the board of directors in
accordance with the constitution and bylaws of the
corporation.
``(2) Amateur athlete representation.--Amateur athletes
shall constitute not less than 20 percent of the membership in
the assembly.
``(c) Voting.--
``(1) Representatives of the national governing bodies.--
Representatives of the national governing bodies shall
constitute not less than 51 percent of the voting power held in
the assembly.
``(2) Amateur athletes.--Amateur athletes shall constitute
not less than 20 percent of the voting power held in the
assembly.
``(d) Speaker of the Assembly.--The speaker of the assembly shall
be a member of the assembly (who, as a member, is entitled to vote) who
is elected by the members of the assembly for a 4-year term. An
individual may not serve as speaker for more than 4 years. The speaker
shall preside at all meetings of the assembly and serve as a non-voting
ex officio member of the board of directors as provided in section
220541. The speaker shall have no other duties or powers (other than
the right to vote), except as may be expressly assigned by the board of
directors.
``Sec. 220543. Chief executive officer
``(a) 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 selected by, and shall report to, the board
of directors, as provided in the constitution and 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 constitution and bylaws of the corporation.
``(b) Duties.--The chief executive officer shall, either directly
or by delegation--
``(1) manage all staff functions and the day-to-day affairs
and business operations of the corporation, including but not
limited to relations with international organizations; and
``(2) implement the mission and policies of the
corporation, as determined by the Board.
``Sec. 220544. Whistleblower procedures and protections
``The corporation, through the board of directors, shall establish
procedures for--
``(1) the receipt, retention, and treatment of complaints
received by the corporation regarding accounting, auditing or
ethical matters; and
``(2) the protection against retaliation by any officer,
employee, director or member of the corporation against any
person who submits such complaints.
``Sec. 220545. Ethics and compliance
``(a) In General.--The ethics committee shall be responsible for
oversight of--
``(1) all matters relating to ethics policy and practices
of the corporation's employees, board members, and volunteers;
``(2) officers or directors of a member organization
insofar as their activities relate to corporation business; and
``(3) paid and volunteer leadership staff of a bid city
organization for activities that relate directly to the bid
city process.
``(b) Internal Ethics Officer.--
``(1) In general.--The board of directors shall employ and
fix the compensation of a chief ethics officer to implement the
ethics policy for the corporation.
``(2) Duties.--The ethics committee shall establish
policies and procedures to delineate the duties of the chief
ethics officer.
``(3) Line of authority.--
``(A) In general.--The chief ethics officer shall
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.
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