United States Olympic Committee Reform Act
Legislative Activity
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Referred to the Subcommittee on Immigration, Border Security, and Claims.
December 10, 2003
View full timeline
Introduced in Senate
July 15, 2003
Sponsor introductory remarks on measure. (CR S9416-9417)
July 15, 2003
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9417-9418)
July 15, 2003
Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
July 17, 2003
Committee on Commerce, Science, and Transportation. Reported by Senator McCain with amendments. With written report No. 108-114.
July 28, 2003
Placed on Senate Legislative Calendar under General Orders. Calendar No. 237.
July 28, 2003
Measure laid before Senate by unanimous consent. (consideration: CR S11867-11873)
September 23, 2003
Passed Senate with amendments by Unanimous Consent. (text: CR S11870)
September 23, 2003
Message on Senate action sent to the House.
September 24, 2003
Received in the House.
September 24, 2003 • 10:02 AM
Referred to the House Committee on the Judiciary.
September 24, 2003
Referred to the Subcommittee on Immigration, Border Security, and Claims.
December 10, 2003
Floor Debate
14 membersWhat members said about S. 1404 on the floor




+9
Floor Debate
14 membersWhat members said about S. 1404 on the floor
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Mr. President, today, I am joined by Senator Stevens in introducing the United States Olympic Committee Reform Act of 2003. This legislation is designed to reform the governance structure of the…
Mr. President, today, I am joined by Senator Stevens in introducing the United States Olympic Committee Reform Act of 2003. This legislation is designed to reform the governance structure of the…
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Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 237, S. 1404. Mr. President, I ask unanimous consent that the committee amendments be…
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
4 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1404 Introduced in Senate (IS)]
<DOC>
108th CONGRESS
1st Session
S. 1404
To amend the Ted Stevens Olympic and Amateur Sports Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 200347Mr. McCain (for himself and Mr. Stevens) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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,72SECTION 1. SHORT
TITLE.20 This Act may be cited as the ``United States Olympic
Committee Reform Act''.72SEC. 2. FINDINGS.20 The Congress finds the
following:22 (1) There is a widespread loss of confidence in the
United States Olympic Committee.22 (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.22 (3)
Confusion exists concerning the primary purposes and priorities of the
United States Olympic Committee.22 (4) The current governance
structure of the United States Olympic Committee is dysfunctional.22
(5) The ongoing national corporate governance debate and recent reforms
have important implications for the United States Olympic Committee.22
(6) There exists no clear line of authority between the United States
Olympic Committee volunteers and the United States Olympic Committee
paid staff. 22 (7) There is a widespread perception that the United
States Olympic Committee lacks financial transparency.72SEC. 3.
AMENDMENT OF TED STEVENS OLYMPIC AND AMATEUR SPORTS ACT.20 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.).72SEC. 4. GOVERNANCE OF
THE UNITED STATES OLYMPIC COMMITTEE.20 (a) In General.--The Act (36
U.S.C. 220501) is amended by adding at the end the
following:74``SUBCHAPTER III. GOVERNANCE75``Sec. 1A220541. Board of
directors20 ``(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.20 ``(b)
Structure of the Board.--22 ``(1) In general.--The board of
directors shall consist of 9 elected members and the ex officio members
described in paragraph (3). 22 ``(2) Elected members.--The elected
directors, elected as provided in subsection (g), are--24 ``(A) 5
independent directors, as defined in the constitution and bylaws of the
corporation;24 ``(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; and24
``(C) 2 directors elected from among those nominated by the National
Governing Bodies' Council.22 ``(3) Ex officio members.--The ex
officio members are--24 ``(A) the speaker of the assembly; and24
``(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.20 ``(c) Terms of Office.--22 ``(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--24
``(A) 2 of the directors elected under paragraph (2)(A) shall
be elected for terms of 2 years;24 ``(B) 3 of the directors
elected under paragraph (2)(A) shall be elected for terms of 4
years;24 ``(C) 1 of the directors elected under paragraph
(2)(B) shall be elected for a term of 2 years;24 ``(D) 1 of
the directors elected under paragraph (2)(B) shall be elected
for a term of 4 years;24 ``(E) 1 of the directors elected
under paragraph (2)(C) shall be elected for a term of 2 years;
and24 ``(F) 1 of the directors elected under paragraph
(2)(C) shall be elected for a term of 4 years.22 ``(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 of6201I70speaker 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.20 ``(d) Voting.--22 ``(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.22 ``(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.22 ``(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.22 ``(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).20 ``(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.20 ``(f) Committees.--22 ``(1) In general.--The
board of directors shall establish the following 4 standing
committees:24 ``(A) The Audit Committee.24 ``(B) The
Compensation Committee.24 ``(C) The Ethics Committee.24
``(D) The Nominating and Governance Committee.22 ``(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--24 ``(A) 3 board members described in
subsection (b)(2)(A), selected by the board;24 ``(B) 1 board
member described in subsection (b)(2)(B), selected by the
board; and24 ``(C) 1 board member described in subsection
(b)(2)(C), selected by the board.22 ``(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.20 ``(g)
Nomination and Election.--22 ``(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. 22 ``(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.22 ``(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.75``Sec. 1A220542. Assembly20 ``(a)
In General.--22 ``(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.22 ``(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.22 ``(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.22
``(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.20 ``(b) Structure of the Assembly.--22 ``(1) In
general.--The assembly shall consist of--24 ``(A)
representatives of the constituencies of the corporation
specified in section 220504 of this title (other than former
United States Olympic Committee members);24 ``(B) the
International Olympic Committee's members for the United
States; and 24 ``(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.6201I22 ``(2)
Amateur athlete representation.--Amateur athletes shall
constitute not less than 20 percent of the membership in the
assembly.20 ``(c) Voting.--22 ``(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. 22 ``(2) Amateur
athletes.--Amateur athletes shall constitute not less than 20
percent of the voting power held in the assembly.20 ``(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.75``Sec. 1A220543. Chief executive officer20 ``(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.20 ``(b)
Duties.--The chief executive officer shall, either directly or
by delegation--22 ``(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; and22 ``(2) implement the mission and
policies of the corporation, as determined by the
Board.75``Sec. 1A220544. Whistleblower procedures and
protections20 ``The corporation, through the board of
directors, shall establish procedures for--22 ``(1) the
receipt, retention, and treatment of complaints received by the
corporation regarding accounting, auditing or ethical matters;
and22 ``(2) the protection against retaliation by any
officer, employee, director or member of the corporation
against any person who submits such complaints.''.20 (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. 20 (c) Initial Nominating
and Governance Committee.--22 (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--24
(A) 1 individual selected by the Athlete's Advisory Council
from among its members;24 (B) 1 individual selected by the
National Governing Bodies' Council from among its members;24
(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;24 (D) 1
individual selected by the Independent Commission on Reform
established by the United States Olympic Committee in March,
2003, from among its members, who shall chair the committee;
and24 (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.22 (2) Election of
New Board of Directors.--The nominating and governance
committee established by paragraph (1) shall--24 (A) elect
an initial board of directors who shall serve for the terms
provided in section 220541(c)(2) of title 36, United States
Code; and24 (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. 20
(d) Conforming Amendments.--22 (1) Representation
requirements.--Section 220504(b) is amended--24 (A) by
striking ``representation of--'' and inserting ``representation
on its board of directors and in its assembly of--''; and24
(B) by striking subparagraph (B) of paragraph (2) and inserting
the following:S6201I24 ``(B) ensure that--26 ``(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; and26 ``(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;''.22 (2) Constitution and bylaws.--Section
220505(a) is amended--24 (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.'';24 (B) by inserting ``the
board of directors proposes and approves by majority vote such
an amendment and'' after ``only if''; and24 (C) by striking
``publication,'' in paragraph (1) and inserting ``publication
and on its website,''.22 (3) Ombudsman to report to board of
directors.--Section 220509(b) is amended--24 (A) by
inserting ``the board of directors and'' in paragraph (1)(C)
after ``report to'';24 (B) by striking ``corporation's
executive director'' in paragraph (2)(A)(i) and inserting
``board of directors'';24 (C) by striking clauses (ii) and
(iii) of paragraph (2)(A) and inserting the following:26
``(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.'';24 (D) by striking
``corporation'' the first place it appears in paragraph (2)(B)
and inserting ``board of directors'';24 (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'';
and24 (F) by striking ``corporation's executive committee''
in paragraph (2)(B)(iii) and inserting ``board of
directors''.22 (4) Eligibility requirements.--Section
220522(a)(4)(B) is amended by striking ``corporation's
executive committee'' and inserting ``board of directors''.22
(5) Chapter analysis.--The chapter analysis for chapter 2205 of
title 36, United States Code, is amended by adding at the end
the following:10621174``SUBCHAPTER III. GOVERNANCE43``220541.
Board of directors43``220542. Assembly43``220543. Chief
executive officer43``220544. Whistleblower procedures and
protections''.620172SEC. 5. REPORTS.20 Section 220511 is
amended--22 (1) by striking so much of subsection (a) as
precedes paragraph (2) and inserting the following:20 ``(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''.