1.This Act may be cited as the &short-title1;
.
2.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 State 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 State public in the activities of the corporation; and
(F)is not an immediate family member of any person described in subparagraphs (A) through (E)..
3.Section 220503 of title 36, United States Code, is amended to read as follows:
220503.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..
4.
(a)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:
220505.
(a)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)
(1)The corporation shall be governed by a Board of Directors (in this chapter referred to as the Board
) as follows:
(A)The Board shall be composed of 9 elected members who shall be nominated by the Nominating and Governance Committee (described in paragraph (7)(C)). The elected members shall consist of—
(i)5 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)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)
(i)Liaison of the Olympic AssemblyThe 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 OrganizationUnless 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)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)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)Members may be removed from the Board only for cause, in accordance with the bylaws of the corporation.
(5)
(A)
(i)Each of the 9 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)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)A tie vote shall be broken as provided for in the bylaws of the corporation, in accordance with the following:
(i)Matters of purely business and governanceOn matters related purely to the business and governance of the corporation, a tie vote of the Board shall be broken by the majority of the votes cast by the independent directors described in paragraph (1)(A)(i).
(ii)On matters related to sport and all matters other than those described in clause (i), a tie vote of the Board shall be broken by a majority of the votes cast by the members described in clauses (ii) and (iii) of paragraph (1)(A), and the ex officio members described in paragraph (1)(B).
(6)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. The first chair elected after the date of enactment of the United States Olympic Committee Reform Act shall be an independent member.
(7)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 ExpensesThe 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)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)
(1)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)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)
(1)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
(G)a representative of a State Olympic organization.
(2)Each member of the Assembly shall serve for a term of 4 years, beginning with the first meeting following a Summer Olympic Games and extending until the first meeting following the subsequent Summer Olympic Games. There shall be no limit to the number of terms which a member may serve.
(3)Each Assembly shall elect a liaison from among its members who shall preside over the annual meetings of the Assembly, and who shall be limited to serving 1 term of 4 years.
(4)Role and responsibilities
(A)The Assembly shall—
(i)meet annually, at the time of a meeting of the Board of Directors, to represent the interests of its members; and
(ii)receive and review reports from the Board concerning sport matters and the business of the corporation.
(B)The Assembly may—
(i)propose items for consideration by the chair to be included on the agenda for the Board; and
(ii)perform other functions as the Board determines to be appropriate.
(5)The Board shall set the budget for the Assembly, which may pay the actual and reasonable expenses of members of the Assembly to attend the annual meeting, and any special meetings called by the Board.
(e)Standards and Compliance ProgramThe corporation shall maintain a standards and compliance program that includes, at minimum, the following requirements:
(1)The development and distribution of written standards of conduct, as well as written policies, procedures, and protocols that promote the United States Olympic Committee’s commitment to compliance with such standards and address specific areas of potential infractions of compliance.
(2)The designation of a compliance or ethics officer at the executive level who shall report to the Board and shall be charged with the responsibility for developing, operating, and monitoring the compliance program.
(3)The development and implementation of regular, effective education and training programs for all affected United States Olympic Committee employees, including paid senior management, officers, volunteers, and directors of a member organization.
(4)The creation and maintenance of an effective line of communication between the compliance officer and all United States Olympic Committee employees and volunteers, including a process, such as a hotline or other reporting system, to receive complaints, and the adoption of procedures to protect the anonymity of complainants and to protect complainants from retaliation.
(5)The use of audits and other risk evaluation techniques to monitor compliance, identify problem areas, affecting the United States Olympic Committee, its officers, employees, and volunteers, and assist in the reduction of identified problems.
(6)The development of policies and procedures with respect to the investigation of identified systemic problems, which include direction regarding the prompt and proper response to detected offenses, such as the initiation of appropriate corrective action and preventive measures.
(7)The development of a system to respond to allegations of illegal or improper activities and the enforcement of appropriate disciplinary action against United States Olympic Committee employees who have violated internal compliance policies, applicable statutes, regulations, or other United states Olympic Committee requirements.
(f)Not later than January 1, 2014, and every 10 years thereafter, the Board shall appoint an independent commission to study and determine whether the governance structure of the corporation continues to serve the purpose for which it was created. Such commission shall transmit to Congress a report which shall include recommendations for changes to the governance structure of the corporation. .
(b)The table of sections for subchapter I of chapter 2205 of title 36, United States Code, is amended to read as follows:
SUBCHAPTER I—CORPORATION
Sec
220501. Title and definitions
220502. Organization
220503. Purposes
220504. Membership
220505. Governance
220506. Powers
220507. Exclusive right to name, seals, emblems, and badges
220508. Restrictions
220509. Headquarters, principle office, and meetings
220510. Resolution of disputes
220511. Services of process
220512. Annual report
220513. Complete teams.
(c)Powers Related to Amateur Athletics and the Olympic, Paralympic, and Pan-American GamesSection 220506(c) of title 36, United States Code, (as amended by this Act) is amended—
(1)in the subsection heading by inserting , Paralympic, and Pan-American
after Olympic
; and
(2)in paragraph (3), by inserting or paralympic sports organization
after governing body
.
(d)
(1)Continuance of Existing Board During TransitionThe 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 until a Board of Directors has been elected under paragraph (2)(B) of this subsection.
(2)Initial Nominating and Governance Committee
(A)Until the initial Board of Directors has been elected and taken office, the Nominating and Governance Committee required by section 220505(b)(6)(C) of title 36, United States Code, (as amended by this Act) shall consist of—
(i)1 individual selected by the Athlete’s Advisory Council from among its members;
(ii)1 individual selected by the National Governing Bodies’ Council from among its members;
(iii)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;
(iv)1 individual selected by the Governance and Ethics Task Force established by the United States Olympic Committee in February, 2003, from among its members; and
(v) 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.
(B)Election of new board of directorsThe Nominating and Governance Committee established by paragraph (2) shall—
(i)elect an initial Board of Directors who shall serve for the terms provided in section 220505(b)(2)(C) of title 36, United States Code (as amended by this Act); and
(ii)elect 1 of the independent members described in section 220505(b)(1)(A)(i) of that title (as amended by this Act) to serve as chair until the terms of the members elected under clause (i) have expired.
(C)Eligibility for new board of directorsMembers of the initial Nominating and Governance Committee shall not be eligible to serve on the initial Board of Directors that has been elected under subparagraph (B), but shall be eligible for election to subsequent Boards.
5.Section 220510(b) of title 36, United States Code, (as amended by this Act) is amended—
(1)in paragraph (1), by striking corporation
and inserting Board
;
(2)in paragraph (2)(A)(i), by striking corporation’s executive director
and inserting Board
;
(3)by striking clause (ii) of paragraph (2)(A) and redesignating clause (iii) of such paragraph as clause (ii);
(4)in clause (ii) of paragraph (2)(A) (as so redesignated), by striking corporation’s executive committee
and inserting Board
;
(5)in paragraph (2)(B), by striking corporation
and inserting Board
;
(6)in paragraph (2)(B)(ii), by striking corporation’s executive committee by either the corporation’s executive director or
and inserting Board
; and
(7)in paragraph (2)(B)(iii), by striking corporation’s executive committee
and inserting Board
.
6.
(a)Section 220512 of title 36, United States Code, (as amended by this Act) is amended—
(1)by striking every fourth
and inserting each
;
(2)by striking 4 years
and inserting year
; and
(3)in paragraph (2) by striking such 4-year period
and inserting the preceding year
.
(b)Notwithstanding any other provision of law, the corporation shall not be required to submit to Congress any additional report, other than a report required by section 220512 of title 36, United States Code, (as amended by this Act) until 2 years after the date of enactment of this Act.
7.Promotion of Travel and Tourism in the United States
(a)The Secretary of Commerce shall make grants to qualifying State entities to encourage international visitors to travel to and within the United States for tourism purposes in conjunction with the United States hosting the Olympic or Pan-American Games. The Secretary may require a State entity seeking a grant authorized by this section to submit an application for such grant at such time and in such form and manner as the Secretary may prescribe.
(b)As used in this section, the term qualifying State entity
means a State or local agency having authority under State or local law to conduct programs to promote travel and tourism, including State and local convention and visitor bureaus, multi-State entities governed by State tourism directors, and multi-jurisdiction entities governed by local tourism directors.
(c)Support of other programs or costs prohibitedAmounts appropriated under subsection (d) shall not be available to—
(1)cover the cost of any Federal, State, or local government program or marketing activity other than those authorized under this Act;
(2)reimburse the Federal Government for any function performed by an employee or agent of the Federal Government; or
(3)create any additional full-time equivalent positions within the Federal Government.
(d)
(1)Authorization of AppropriationsThere is authorized to be appropriated to the Secretary of Commerce $1,000,000 for any year in which the United States hosts the Olympic or the Pan-American Games, to remain available until expended.
(2)Reversion of unobligated amountsFunds appropriated pursuant to paragraph (1) that remain unexpended and unobligated at the end of the fiscal year in which such games are hosted in the United States shall revert to the Treasury of the United States.
8.Study of Impact to Interstate Commerce of Hosting Olympic Games
(a)The Secretary of Commerce shall conduct a study on the projected impact on commerce of a United States bid city hosting the Olympic Games. The study shall include—
(1)a projection of the costs and benefits to the host city and surrounding region of hosting the Olympic Games;
(2)an analysis of the future economic benefit to be derived from any new infrastructure resulting from hosting the Olympic Games;
(3)an assessment of the benefits to interstate commerce from preparing for and hosting the Olympic Games, including new infrastructure, job creation, travel and tourism, and the marketing of goods and services; and
(4)a comparison of projected benefits of hosting the Olympic Games to the benefits derived by former United States Olympic host cities.
(b)Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the findings of the study required by this section.
9.Conforming and Technical Amendments Chapter 2205 of title 36, United States Code, (as amended by this Act) is amended—
(1)in section 220501, by moving paragraph (7) 2 ems to the right;
(2)in section 220504, by striking constitution and
both places it appears;
(3)in section 220506—
(A)in subsection (a)—
(i)in the subsection heading, by striking Constitution and
;
(ii)by striking constitution and
; and
(iii)by striking may amend its constitution
and inserting may amend its bylaws
; and
(B)in subsection (b)(9), by striking this Act
and inserting this chapter
;
(C)in subsection (c)(5), by striking constitution and
;
(4)in section 220507(d)—
(A)by moving paragraph (3) 2 ems to the left; and
(B)in paragraph (3)(A), by striking subsections
and inserting subsection
;
(5)in section 220510—
(A)in subsection (a), by striking constitution and
each place it appears;
(B)in subsection (b)(1)(A)—
(i)by striking constitution and
both places it appears;
(ii)by striking a paralympic sports organizations
and inserting paralympic sports organizations
;
(6)in section 220513, by striking Corporation
and inserting corporation
;
(7)in section 220521, by striking subsections (a) or (b)
and inserting subsection (a) or (b)
;
(8)in section 220522(a)(4)(B), by striking constitution and
; and
(9)in section 220529, by striking constitution and
both places it appears.