U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" SENATE ! 108th Congress 

1st Session 

REPORT

2003

108–114

Calendar No. 237

UNITED STATES OLYMPIC COMMITTEE 

REFORM ACT OF 2003

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

S. 1404

JULY 28 (legislative day, JULY 21), 2003.—Ordered to be printed 


congress.#13
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JOHN MCCAIN, Arizona, Chairman 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

ERNEST F. HOLLINGS, South Carolina 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

JEANNE BUMPUS, Staff Director and General Counsel 

ANN BEGEMAN, Deputy Staff Director 

ROBERT W. CHAMBERLIN, Chief Counsel 

KEVIN D. KAYES, Democratic Staff Director 

GREGG ELIAS, Democratic General Counsel 

(II) 

Calendar No. 237

108TH CONGRESS REPORT " SENATE ! 1st Session 108–114

UNITED STATES OLYMPIC COMMITTEE REFORM ACT OF 

2003

JULY 28 (legislative day, JULY 21), 2003.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1404]

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1404) to amend the Ted Stevens 

Olympic and Amateur Sports Act, having considered the same, reports favorably thereon with amendments and recommends that 

the bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 1404 would amend the Ted Stevens Olympic and Amateur 

Sports Act (36 U.S.C. chapter 2205) to make significant improvements to the governance structure of the United States Olympic 

Committee (USOC) by reducing the size of the current board of directors and by creating an assembly of USOC stakeholders. Unlike 

the current governance structure, which features multiple lines of 

authority, the structure promulgated by S. 1404 would designate 

the board as the primary governing body of the USOC, and it 

would provide that a chief executive officer (CEO) would carry out 

the USOC’s policies and run its day-to-day operations. The bill is 

intended to allow the USOC to operate more effectively within a 

more logical and transparent structure. 

In addition, the bill would maintain the authority of athletes and 

national governing bodies in the operation of the USOC, require increased financial transparency, and provide whistle-blower protection for USOC employees. The legislation also would require the 

new USOC Board to hire an ethics officer, to establish a process 

for investigating and taking action on ethics violations, to implement conflict of interest policies, and to make the bidding process 

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1 In 1981, the USOC did receive a one-time appropriation from Congress of $10 million to 

compensate the USOC for lost revenue caused by the United States’ boycott of the 1980 Olympic 

Games in Moscow. 

more transparent for American cities that bid to host the Olympics. 

This bill also would streamline the organization to allow a larger 

percentage of USOC revenue to be dedicated for the support of athletes. 

BACKGROUND AND NEEDS

Congress formed the United States Olympic Association (USOA) 

in 1950 under the ‘‘Act to Incorporate the United States Olympic 

Association.’’ In 1964, the USOA was modified and became the 

USOC. Additional modifications to the USOC resulted from a study 

conducted by President Gerald Ford’s Commission on Olympic 

Sports (Ford Commission). From 1975 to 1977, the Ford Commission evaluated each Olympic sport and determined how to correct 

factional disputes between the sports. Senator Stevens, who served 

on the Ford Commission, sponsored what later became known as 

the Ted Stevens Olympic and Amateur Sports Act, which was enacted in 1978 (the Act). The Act named the USOC as the central 

coordinating organization for athletes and sports of the Olympic 

and Pan-American Games. 

In its current form, the USOC performs a variety of functions. 

It provides financial, educational, training, and medical support for 

Olympic athletes. The USOC receives no permanent funding from 

the government. Though the 1978 charter granted the USOC several million dollars in seed money, the funds were never appropriated. 1 Thus, the USOC supports its activities primarily through 

corporate sponsorship and licensing agreements for the rights to 

broadcast Olympic events. The USOC’s current annual revenue is 

approximately $125 million. 

The USOC is often criticized for being an unwieldy bureaucracy 

with a board of directors comprised of 124 members, and for being 

the subject of too many scandals. Some examples of scandals include, in 1980, 25 athletes sued the USOC for boycotting the 1980 

Games, claiming that the USOC had violated their constitutional 

rights. In the early 1990s, the Committee was accused of buying 

out two USOC officials in order to hire a new USOC executive director. In 1991, the resignation of then-USOC President Robert 

Helmick forced the USOC’s special counsel to admit certain ethical 

problems with Helmick’s leadership. And, in an effort to secure the 

selection to host the 2002 Winter Games in Salt Lake City, Utah, 

local organizing committee members were accused of taking bribes. 

Earlier this year, the USOC was again the subject of public embarrassment when then-USOC CEO Lloyd Ward became the subject of a USOC Ethics Committee investigation for a possible conflict-of-interest violation. The investigation was rumored to be the 

result of tension between Mr. Ward and the former USOC president, Marty Mankamyer. The Ethics Committee determined that 

Mr. Ward (a former CEO of Maytag) had committed two ‘‘technical 

violations’’ of the USOC’s ethics code, and indicated to the Executive Committee that the problems could have been remedied 

through timely ethical compliance counseling. In the end, it was 

the Executive Committee that decided that the only punitive action 

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to be taken against Mr. Ward would be the reduction of Mr. Ward’s 

annual bonus by several hundred thousand dollars. In an act of 

protest of the Ethics Committee’s decision, Executive Committee 

member Brian Derwin, Chief Ethics Compliance Officer, Patrick 

Rodgers, and three members of the 10-person Ethics Committee resigned their volunteer posts. Less than one month later, Ms. 

Mankamyer succumbed to intense USOC pressure to resign. The 

same pressure forced Lloyd Ward to resign on March 1, 2003. 

SUMMARY OF PROVISIONS

S. 1404 would amend the Act to—

(1) reduce the size of the existing USOC board of directors 

from 124 members to nine elected members, five of whom 

would be independent, two representatives of the Athletes Advisory Council (AAC), and two representatives of the National 

Governing Bodies Council (NGBC) (in addition, the speaker of 

a newly-formed assembly and the U.S. members of the International Olympic Committee (IOC) would serve on the board 

as ex officio members); 

(2) designate the board as the principal governing body of 

the USOC; 

(3) require that the board appoint a chief executive officer to 

carry out the policies and priorities of the USOC; 

(4) require that the board establish four standing committees 

of the board (audit, compensation, ethics, and nominating and 

governance); 

(5) create an assembly consisting of the many USOC stakeholders as provided in section 220504 of the Act, including a 

maximum of three individuals who represented the United 

States at the Olympics not within the preceding 10 years; 

(6) require that the assembly have authority as provided by 

the board to determine matters pertaining to the Olympic 

Games; 

(7) require that the assembly elect a speaker; 

(8) require the board to establish whistleblower procedures 

for the treatment of complaints received by the USOC, as well 

as procedures to protect employees from retaliation for submitting a complaint; 

(9) modify the existing ombudsman function; 

(10) increase the operational and financial transparency of 

the USOC by requiring the USOC to report Congress and the 

President on a biennial basis; 

(11) provide basic ethics and compliance guidance to the 

USOC ethics committee; and 

(12) allow the National Senior Games Association of Baton 

Rouge, Louisiana, to use the words ‘‘Senior Olympics’’ to promote national athletic competition among senior citizens. 

LEGISLATIVE HISTORY

The Senate Commerce Committee held a full Committee hearing 

on January 29, 2003, to examine the aforementioned leadership 

scandal that had attracted negative publicity for the USOC that ultimately led to the resignations of the USOC’s President and CEO. 

Following the first hearing, the USOC Executive Committee 

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2 The Task Force released its report on June 20, 2003. 3 The Committee believes that the Independent Commission’s report is compelling and captures well the essence of the changes needed to restore the credibility of the USOC. The Committee applauds the Independent Commission members for their service to the United States 

Olympic movement and the Congress. Through their work, the Independent Commission members demonstrated their concern and devotion for the future of the USOC. Additionally, the 

Committee commends the USOC for convening the Task Force, the efforts of which served useful to the Independent Commission, Congress, and, generally, the process of reform. 

formed a Governance and Ethics Review Task Force (Task Force) 

to analyze the governance structure of the organization. Shortly 

thereafter, the Commerce Committee held another hearing on February 13, 2003, to examine the current organizational structure 

and culture of the USOC, and to consider possible reform measures 

needed to ensure that it operates more effectively and efficiently. 

Following the Committee hearings, Senators McCain, Stevens, 

and Campbell sent a letter dated February 27, 2003, to the USOC 

acknowledging the existence of the Task Force, but nevertheless 

encouraging the organization to create an independent commission 

to review the USOC’s governance structure. As requested, on 

March 3, 2003, the USOC formed the Independent Commission on 

the Reform on the United States Olympic Committee (Independent 

Commission). 

On June 24, 2003, Senator McCain chaired a third full Committee oversight hearing concerning reform of the USOC. The purpose of the June 24 hearing was to examine the report of the Independent Commission—released on June 19, 2003—in furtherance of 

the Committee’s efforts to restructure the USOC. At the hearing, 

the Committee heard testimony from the members of the Independent Commission regarding their deliberations and recommendations. Also appearing before the Committee were members of the USOC Task Force, 2 as well as individuals who represent significant constituencies within the current USOC structure that are affected by the findings and recommendations of the 

Independent Commission. 

On July 15, 2003, Senators McCain and Stevens introduced the 

United States Olympic Committee Reform Act of 2003 (S. 1404), 

and on June 17, 2003, the Committee met in open executive session 

to consider the bill. The Committee adopted an amendment to S. 

1404 offered by Senator Hollings that outlines the responsibilities 

and policies of the new USOC ethics committee. In addition, the 

Committee adopted an amendment offered by Senator Breaux that 

would authorize the National Senior Games Association of Baton 

Rouge, Louisiana, to use the words ‘‘Senior Olympics’’ to promote 

national athletic competition among senior citizens. S. 1404 was 

adopted, as amended, and the bill was ordered to be reported as 

amended by voice vote. 

S. 1404 is intended to establish a new governance structure for 

the USOC. The bill is not intended to be entirely inclusive with respect to how Congress expects the organization to function. For the 

purpose of carrying out the requirements of S. 1404 and ensuring 

that the USOC proceeds in accordance with Congressional intent, 

the Committee recommends that the organization seek guidance 

from the findings and recommendations of the Independent Commission. 3

Specifically, the Committee intends the new USOC board to pay 

particular attention to those aspects of the Independent CommisVerDate jul 14 2003 03:52 Jul 29, 2003 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR114.XXX SR114
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4 For the purposes of selecting independent directors for the new USOC board, the initial 

nominating and governance committee designated in S. 1404 should consult the definition of an 

‘‘independent director’’ as set forth in the Independent Commission’s report on pages 31-33. 

sion’s report dealing with the following: the development of a mission statement that more appropriately reflects the shared objectives of the USOC; the working relationship between the chair of 

the board and the CEO; the frequency and manner with which the 

board and assembly should convene; the fiduciary responsibilities 

of board members; the qualifications for independent board members, including standards for ‘‘independence’’ 4; disclosure obligations of directors and other USOC officials necessary to avoid conflicts of interest; the transition from the existing to the new USOC 

board; the responsibilities of the new standing committees; the 

composition of the assembly and how its members are selected and 

removed; how the assembly functions; the role of the speaker of the 

assembly; what USOC officials should constitute the United States 

delegation to the Olympic Games; the relationship between the 

board and the assembly; a clear line of authority of the board (not 

the assembly) over staff; the role and authority of the CEO; an adherence to the principles of the Sarbanes-Oxley Act with respect to 

financial and ethical transparency; compliance with the IOC Charter; the need for the USOC to monitor the governance practices of 

the national governing bodies; the need for national governing bodies to make every effort to incorporate Paralympic and disabled 

athletes into their governing body structures; and such other portions of the report that are not inconsistent with S. 1404. 

In addition, the Committee remains very concerned over testimony that detailed the amount of revenue that has been devoted 

by the USOC during the past for non-athlete-related purposes. The 

Committee urges the USOC to be mindful when promulgating its 

budget and reimbursement policies of the fact that each dollar 

dedicated to the travel and other expenses of its members is a dollar that is not used for the development of amateur athletes. To 

that end, the USOC should review existing expense reimbursement 

policies, including the treatment, or any inappropriate or excessive 

use, of value-in-kind contributions. 

It also has been brought to the attention of the Committee that 

all too often in the past the USOC has been seen by stakeholders 

as merely a source of funding. The common objectives of the USOC 

have been overshadowed by the parochial interests of the many 

stakeholders. The Committee strongly encourages members of the 

USOC’s board of directors, as well as all USOC stakeholders, including volunteers, to put the interests of the USOC above their 

own individual interests. 

The Committee understands that existing provisions of the 

USOC Constitution require at least 90 days advanced notice to the 

current CEO of any proposed amendment to the USOC Constitution and Bylaws. The Committee finds that this existing notice requirement would impede the implementation of S. 1404. However, 

the Committee urges the board of directors to take appropriate action to ensure timely implementation of the requirements of S. 

1404. 

While the Committee firmly believes S. 1404 to be in compliance 

with the IOC Charter, the new USOC board of directors may modVerDate jul 14 2003 03:52 Jul 29, 2003 Jkt 019010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR114.XXX SR114
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ify, if necessary, the voting authority of the assembly to ensure 

such compliance. 

ESTIMATED COSTS

In compliance with subsection (a)(3) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, the Committee states 

that, in its opinion, it is necessary to dispense with the requirements of paragraphs (1) and (2) of that subsection in order to expedite the business of the Senate. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

There is no significant change in the number of persons covered 

under the legislation. 

ECONOMIC IMPACT

The economic impact of this legislation is expected to be minimal. 

PRIVACY

The impact on the personal privacy of the persons covered by 

this legislation is expected to be minimal. 

PAPERWORK

The impact on paperwork is expected to be minimal. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title. 

This section would designate S. 1404 as the ‘‘United States 

Olympic Committee Reform Act’’. 

Section 2. Findings. 

This section would provide congressional findings that: there is 

widespread loss of confidence in the USOC; confidence in the 

USOC needs to be restored; confusion exists regarding the USOC’s 

primary purpose and priorities; the current governance structure of 

the USOC is dysfunctional; the corporate governance debate in the 

United States is relevant to the USOC’s governance issues; and 

there is no clear line of authority between the USOC’s volunteers 

and its paid staff. 

Section 3. Amendment of Ted Stevens Olympic and Amateur Sports 

Act. 

This section would provide that all references within this bill to 

an amendment to, or repeal of, a section or other provision, shall 

be considered to be made to the Act (36 U.S.C. 220501 et seq.). 

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Section 4. Governance of the United States Olympic Committee. 

Subsection 4(a) of this section would amend the Act by adding to 

it a new subchapter III titled ‘‘Governance,’’ containing new sections 220541 through 220544, as follows: 

§ 220541. Board of directors 

New section 220541(a) would provide that the board of directors 

of the USOC would be the governing body of the USOC and the 

board would be responsible for establishing the policies and priorities of the USOC. This subsection also would provide that the 

board would have full authority to manage the affairs of the corporation. 

New section 220541(b) would provide that the board would consist of nine elected members, and certain ex officio members. Of 

these elected directors, five directors would be independent as defined in the corporation’s constitution and bylaws, two directors 

would be from among those nominated by the AAC, and two directors would be from among those nominated by the NGBC. The ex 

officio members of the board are to include both the speaker of the 

assembly and the IOC members from the United States. 

New section 220541(c) would provide that the term of office for 

an elected director of the board would be four years. Directors 

would serve no more than an aggregate of six years, with the exception of a director who is elected to chair the board after completing a four-year term. In such instance, the chair of the board 

would be eligible to serve an additional two years to complete his 

or her term as chair. This subsection would provide that the first 

elected directors would serve staggered terms as provided in this 

subsection. This subsection also would provide that the speaker of 

the assembly would serve as a non-voting ex officio member of the 

board. 

New section 220541(d) would provide that each elected director 

would have one vote on all matters on which the board votes. This 

subsection would provide that each voting ex officio member of the 

board would have one vote on matters on which ex officio members 

vote, and ex officio votes would be weighted such that, in the aggregate, the votes of all ex officio members are equal to the vote of one 

elected director. This subsection also would provide that in the 

event of a tie vote of the board, the vote of the chair would break 

the tie. In addition, the board could not take action in the absence 

of a quorum, which would consist of seven members, not less than 

three of whom must be independent directors. 

New section 220541(e) would require that the board elect a chair 

to preside at all meetings of the board and perform other duties as 

prescribed in the USOC’s constitution and bylaws. This subsection 

would prohibit any individual from holding the position of chair of 

the board for more than four years. 

New section 220541(f) would require the board to establish four 

standing committees: an audit committee; compensation committee; 

ethics committee; and nominating and governance committee. The 

compensation committee would consist of three elected board members. The remaining committees would consist of three independent 

directors, one director nominated and elected from the AAC, and 

one director nominated and elected from the NGBC. This subsection would provide that the board could establish additional 

8

committees, subcommittees, and task forces as may be necessary or 

appropriate. 

New section 220541(g) would require that the nominating and 

governance committee recommend candidates to fill vacancies on 

the board as provided in the constitution and bylaws of the USOC. 

For each vacancy to be filled by a nominee of the AAC or NGBC, 

the AAC or NGBC would recommend three individuals to the nominating and governance committee, which would nominate one of 

the three individuals to the board. This subsection would require 

that members of the board who also are members of the nominating and governance committee recuse themselves from the 

nominating and recommendation process. This subsection also 

would provide that the board would elect directors from the candidates proposed by the nominating and governance committee. 

§ 220542. Assembly 

New section 220542(a) would provide that the assembly would be 

a forum for all stakeholders of the corporation, and would serve an 

advisory function only, except that the assembly would have the 

right to vote on and have ultimate authority to decide matters pertaining to the Olympic Games. This subsection also would provide 

that the board would determine whether a matter pertains to the 

Olympic Games and that the board’s determination of such matter 

would be binding. Pursuant to this subsection, the assembly would 

convene annually in meetings open to the public. The board would 

be responsible for establishing a budget for the assembly while 

being mindful to minimize costs. 

New section 220542(b) would provide that the assembly would 

consist of the representatives of constituencies provided in section 

220504 of the Act, as well as the IOC members from the United 

States, and not more than three individuals who represented the 

United States at the Olympics not within the preceding 10 years. 

This subsection would require that amateur athletes constitute not 

less than 20 percent of the assembly members. 

New section 220542(c) would require that representatives of the 

national governing bodies constitute not less than 51 percent of the 

voting power of the assembly. This subsection also would require 

that amateur athletes constitute not less than 20 percent of the 

voting power of the assembly. 

New section 220542(d) would provide that the speaker of the assembly would be a voting member of the assembly who is elected 

by the members of the assembly. This subsection would limit the 

term of the speaker to one four-year term. This subsection would 

provide that the speaker would preside at all assembly meetings 

and serve as an ex officio member of the board of directors. Unless 

specified otherwise by the board, the speaker would have no other 

duties or powers. 

§ 220543. Chief executive officer 

New section 220543(a) would provide that the corporation would 

have a CEO who could not be a member of the board. The CEO 

would be required to be selected by, and report to, the board. This 

subsection would provide that the CEO would fill senior management positions with the approval of the board. 

9

New section 220543(b) would provide that the CEO would manage USOC staff functions, and the day-to-day affairs and business 

operations of the USOC. This subsection would require that the 

CEO implement the mission and policies of the USOC, as determined by the board. 

§ 220544. Whistleblower procedure and protections 

This new section would require the board to establish procedures 

for the receipt, retention, and treatment of complaints received by 

the USOC regarding accounting, auditing, or ethical matters. This 

section also would require the board to establish procedures to protect against retaliation by any officer, employee, director, or member of the corporation for submitting a complaint pursuant to this 

section. 

§ 220545. Ethics and compliance. 

This new section would require the USOC ethics committee to 

oversee all matters relating to the ethics policy and practices of 

USOC employees, board members, and volunteers. In addition, the 

ethics committee would oversee the paid and volunteer leadership 

staff of a bid city organization with respect to the bid process. This 

section also would require that the new USOC board employ a 

chief ethics officer to implement the organization’s ethics policy. 

This section includes a list of policy areas that would be required 

to be included in the USOC ethics policy, including a conflict-of-interest policy; an anti-discrimination policy; a workplace harassment 

policy; a gift, travel reimbursement, honorarium and outside income policy; a financial proprietary policy, including a prohibition 

on loans to USOC officers and employees; a bid city policy; a policy 

for sanctions and penalties for violations; a reporting and investigation policy; and a policy to ensure due process for those accused of 

ethics violations. The new section also would require a city bidding 

to host the Olympic Games to sign a statement acknowledging that 

it read the USOC ethics policy and agrees to abide by its rules. 

Subsection 4(b) of new subchapter III would provide that members of the existing USOC board of directors would continue to 

serve until a new board has been elected. 

Subsection 4(c) of new subchapter III would establish a temporary nominating and governance committee to serve until the initial board has been elected and has taken office. This subsection 

would require that this nominating and governance committee consist of one individual from the AAC, one individual from the 

NGBC, one individual from the existing public-sector members, one 

individual from the Independent Commission established by the 

USOC in March 2003 (who shall be chair of the temporary committee), and one individual from the Task Force established by the 

USOC in February 2003. This subsection further would provide 

that this temporary committee would elect an initial board of directors and elect one of the independent members of the board as 

chair. 

Subsection 4(d) of new subchapter III would provide conforming 

amendments to ensure that athletes are adequately represented in 

each governance body of the USOC, and to require that the board 

adopt and amend the constitution and bylaws of the USOC, consistent with this chapter. This subsection also would require that 

10

the USOC ombudsman report directly to the board, and that the 

board would consult with the AAC in determining whether to hire 

or not hire a particular individual to serve as ombudsman. 

Section 5. Reports. 

This section would require that on a biennial basis the USOC 

transmit simultaneously to the President, and to each House of 

Congress, a detailed report of its operations for the preceding two 

years. It also would require that the report contain annual financial statements audited in accordance with generally accepted accounting principles by an independent certified public accountant, 

and certified by the CEO and chief financial officer of the USOC 

for accuracy and completeness. In addition, this section would require that the USOC’s report be posted free of charge on its 

website or other similar medium that is widely available to the 

public. 

Section 6. Senior Olympics. 

This section would authorize the National Senior Games Association of Baton Rouge, Louisiana, to use the words ‘‘Senior Olympics’’

to promote national athletic competition among senior citizens. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 36, 

UNITED STATES CODE 

CHAPTER 2205. UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I. CORPORATION 

Sec. 

220501. Definitions 

220502. Organization 

220503. Purposes 

220504. Membership 

220505. Powers 

220506. Exclusive right to name, seals, emblems, and badges 

220507. Restrictions 

220508. Headquarters, principal office, and meetings 

220509. Resolution of disputes 

220510. Service of process 

220511. Report 

220512. Complete teams 

SUBCHAPTER II. NATIONAL GOVERNING BODIES 

220521. Recognition of amateur sports organizations as national governing bodies 

220522. Eligibility requirements 

220523. Authority of national governing bodies 

220524. General duties of national governing bodies 

220525. Granting sanctions for amateur athletic competitions 

220526. Restricted amateur athletic competitions 

220527. Complaints against national governing bodies 

11

220528. Applications to replace an incumbent national governing body 

220529. Arbitration of corporation determinations.

SUBCHAPTER III. GOVERNANCE 

220541. Board of directors 

220542. Assembly 

220543. Chief executive officer 

220544. Whistleblower procedures and protections 

220545. Ethics and compliance

SUBCHAPTER I. CORPORATION 

* * * * * * *

§ 220504. Membership 

(a) ELIGIBILITY.—Eligibility for membership in the corporation is 

as provided in the constitution and bylaws of the corporation. 

(b) REQUIRED PROVISIONS FOR REPRESENTATION.—In its constitution and bylaws, the corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs 

for reasonable ørepresentation of—¿ representation on its board of 

directors and in its assembly of— 

(1) amateur sports organizations recognized as national governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies’ Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected by their boards of directors or such other governing 

boards to ensure effective communication between the corporation and such national governing bodies and paralympic sports 

organizations; 

(2) amateur athletes who are actively engaged in amateur 

athletic competition or who have represented the United States 

in international amateur athletic competition within the preceding 10 years, including through provisions which—

(A) establish and maintain an Athletes’ Advisory Council 

composed of, and elected by, such amateur athletes to ensure communication between the corporation and such 

amateur athletes; and 

ø(B) ensure that the membership and voting power held 

by such amateur athletes is not less than 20 percent of the 

membership and voting power held in the board of directors of the corporation and in the committees and entities 

of the corporation;¿

‘(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;

(3) amateur sports organizations that conduct a national program or regular national amateur athletic competition in 2 or 

12

more sports that are included on the program of the Olympic 

Games, the Paralympic Games, or the Pan-American Games on 

a level of proficiency appropriate for the selection of amateur 

athletes to represent the United States in international amateur athletic competition; and 

(4) individuals not affiliated or associated with any amateur 

sports organization who, in the corporation’s judgment, represent the interests of the American public in the activities of 

the corporation 

§ 220505. Powers 

(a) CONSTITUTION AND BYLAWS.—The corporation shall adopt a 

constitution and øbylaws.¿ 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. The corporation may amend its constitution only if the board of directors proposes and approves by 

majority vote such an amendment and the corporation—

(1) publishes, in its principal øpublication,¿ publication and 

on its website, a notice of the proposed amendment, including—

(A) the substantive terms of the amendment; 

(B) the time and place of the corporation’s regular meeting at which adoption of the amendment is to be decided; 

and 

(C) a provision informing interested persons that they 

may submit materials as authorized in clause (2) of this 

subsection; and 

(2) gives all interested persons an opportunity to submit 

written comments and information for at least 60 days after 

publication of notice of the proposed amendment and before 

adoption of the amendment. 

(b) GENERAL CORPORATE POWERS.—The corporation may—

(1) adopt and alter a corporate seal; 

(2) establish and maintain offices to conduct the affairs of 

the corporation; 

(3) make contracts; 

(4) accept gifts, legacies, and devises in furtherance of its 

corporate purposes; 

(5) acquire, own, lease, encumber, and transfer property as 

necessary to carry out the purposes of the corporation; 

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; 

(7) publish a magazine, newspaper, and other publications 

consistent with its corporate purposes; 

(8) approve and revoke membership in the corporation; 

(9) sue and be sued, except that any civil action brought in 

a State court against the corporation and solely relating to the 

corporation’s responsibilities under this Act shall be removed, 

at the request of the corporation, to the district court of the 

United States in the district in which the action was brought, 

and such district court shall have original jurisdiction over the 

action without regard to the amount in controversy or citizenship of the parties involved, and except that neither this paraVerDate jul 14 2003 03:52 Jul 29, 2003 Jkt 019010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\SR114.XXX SR114
13

graph nor any other provision of this chapter shall create a private right of action under this chapter; and 

(10) do any other act necessary and proper to carry out the 

purposes of the corporation. 

(c) POWERS RELATED TO AMATEUR ATHLETICS AND THE OLYMPIC

GAMES.—The corporation may—

(1) serve as the coordinating body for amateur athletic activity in the United States directly related to international amateur athletic competition; 

(2) represent the United States as its national Olympic committee in relations with the International Olympic Committee 

and the Pan-American Sports Organization and as its national 

Paralympic committee in relations with the International 

Paralympic Committee; 

(3) organize, finance, and control the representation of the 

United States in the competitions and events of the Olympic 

Games, the Paralympic Games, and the Pan-American Games, 

and obtain, directly or by delegation to the appropriate national governing body, amateur representation for those games; 

(4) recognize eligible amateur sports organizations as national governing bodies for any sport that is included on the 

program of the Olympic Games or the Pan-American Games, 

or as paralympic sports organizations for any sport that is included on the program of the Paralympic Games; 

(5) facilitate, through orderly and effective administrative 

procedures, the resolution of conflicts or disputes that involve 

any of its members and any amateur athlete, coach, trainer, 

manager, administrator, official, national governing body, or 

amateur sports organization and that arise in connection with 

their eligibility for and participation in the Olympic Games, 

the Paralympic Games, the Pan-American Games, world championship competition, the Pan-American world championship 

competition, or other protected competition as defined in the 

constitution and bylaws of the corporation; and 

(6) provide financial assistance to any organization or association, except a corporation organized for profit, in furtherance of the purposes of the corporation. 

§ 220509. Resolution of disputes 

(a) GENERAL.—The corporation shall establish and maintain provisions in its constitution and bylaws for the swift and equitable 

resolution of disputes involving any of its members and relating to 

the opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to participate in the Olympic Games, the 

Paralympic Games, the Pan-American Games, world championship 

competition, or other protected competition as defined in the constitution and bylaws of the corporation. In any lawsuit relating to 

the resolution of a dispute involving the opportunity of an amateur 

athlete to participate in the Olympic Games, the Paralympic 

Games, or the Pan-American Games, a court shall not grant injunctive relief against the corporation within 21 days before the beginning of such games if the corporation, after consultation with the 

chair of the Athletes’ Advisory Council, has provided a sworn statement in writing executed by an officer of the corporation to such 

14

court that its constitution and bylaws cannot provide for the resolution of such dispute prior to the beginning of such games. 

(b) OMBUDSMAN.—(1) The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman for 

athletes, who shall— (A) provide independent advice to athletes at no cost about 

the applicable provisions of this chapter and the constitution 

and bylaws of the corporation, national governing bodies, a 

paralympic sports organizations, international sports federations, the International Olympic Committee, the International 

Paralympic Committee, and the Pan- American Sports Organization, and with respect to the resolution of any dispute involving the opportunity of an amateur athlete to participate in the 

Olympic Games, the Paralympic Games, the Pan-American 

Games, world championship competition or other protected 

competition as defined in the constitution and bylaws of the 

corporation; 

(B) assist in mediating any such disputes; and 

(C) report to the board of directors and the Athletes’ Advisory Council on a regular basis. 

(2)(A) The procedure for hiring the ombudsman for athletes shall 

be as follows: 

(i) The Athletes’ Advisory Council shall provide the øcorporation’s executive director¿ board of directors with the name of 

one qualified person to serve as ombudsman for athletes. 

ø(ii) The corporation’s executive director shall immediately 

transmit the name of such person to the corporation’s executive 

committee. 

ø(iii) The corporation’s executive committee shall hire or not 

hire such person after fully considering the advice and counsel 

of the Athletes’ Advisory Council. If there is a vacancy in the 

position of the ombudsman for athletes, the nomination and 

hiring procedure set forth in this paragraph shall be followed 

in a timely manner.¿

(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.

(B) The øcorporation¿ board of directors may terminate the employment of an individual serving as ombudsman for athletes only 

if—

(i) the termination is carried out in accordance with the applicable policies and procedures of the corporation; 

(ii) the termination is initially recommended øto the corporation’s executive committee by either the corporation’s executive 

director¿ by 1 or more members of the board of directors or by 

the Athletes’ Advisory Council; and 

(iii) the øcorporation’s executive committee¿ board of directors fully considers the advice and counsel of the Athletes’ Advisory Council prior to deciding whether or not to terminate 

the employment of such individual. 

§ 220511. Report 

ø(a) SUBMISSION TO PRESIDENT AND CONGRESS.—The corporation 

shall, on or before the first day of June, 2001, and every fourth 

year thereafter, transmit simultaneously to the President and to 

15

each House of Congress a detailed report of its operations for the 

preceding 4 years, including—

(1) a complete statement of its receipts and expenditures;¿

(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) a comprehensive description of the activities and accomplishments of the corporation during such ø4-year period;¿ 2-

year period; 

(3) data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies; and 

(4) a description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in 

amateur athletic activities. 

(b) AVAILABILITY TO PUBLIC.—The corporation shall make copies 

of the report available to interested persons free of charge on its 

website (or via a similar medium that is widely available to the 

public), and otherwise at a reasonable cost. 

SUBCHAPTER II. NATIONAL GOVERNING BODIES

§ 220522. Eligibility requirements 

(a) GENERAL.—An amateur sports organization is eligible to be 

recognized, or to continue to be recognized, as a national governing 

body only if it—

(1) is incorporated under the laws of a State of the United 

States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic 

competition; 

(2) has the managerial and financial capability to plan and 

execute its obligations; 

(3) submits—

(A) an application, in the form required by the corporation, for recognition as a national governing body; 

(B) a copy of its corporate charter and bylaws; and 

(C) any additional information considered necessary or 

appropriate by the corporation; 

(4) agrees to submit to binding arbitration in any controversy 

involving— (A) its recognition as a national governing body, as provided for in section 220529 of this title, upon demand of 

the corporation; and 

(B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in 

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16

tion or any aggrieved amateur athlete, coach, trainer, 

manager, administrator or official, conducted in accordance 

with the Commercial Rules of the American Arbitration 

Association, as modified and provided for in the corporation’s constitution and bylaws, except that if the Athletes’

Advisory Council and National Governing Bodies’ Council 

do not concur on any modifications to such Rules, and if 

the øcorporation’s executive committee¿ board of directors

is not able to facilitate such concurrence, the Commercial 

Rules of Arbitration shall apply unless at least two-thirds 

of the corporation’s board of directors approves modifications to such Rules; 

(5) demonstrates that it is autonomous in the governance of 

its sport, in that it—

(A) independently decides and controls all matters central to governance; 

(B) does not delegate decision-making and control of 

matters central to governance; and 

(C) is free from outside restraint; 

(6) demonstrates that it is a member of no more than one 

international sports federation that governs a sport included 

on the program of the Olympic Games or the Pan-American 

Games; 

(7) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which recognition 

is sought, or any amateur sports organization that conducts 

programs in the sport for which recognition is sought, or both; 

(8) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination 

on the basis of race, color, religion, sex, age, or national origin, 

and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official 

before declaring the individual ineligible to participate; 

(9) is governed by a board of directors or other governing 

board whose members are selected without regard to race, 

color, religion, national origin, or sex, except that, in sports 

where there are separate male and female programs, it provides for reasonable representation of both males and females 

on the board of directors or other governing board; 

(10) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that its board of directors and other 

such governing boards have established criteria and election 

procedures for and maintain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have 

represented the United States in international amateur athletic competition within the preceding 10 years, that any exceptions to such guidelines by such organization have been approved by the corporation, and that the voting power held by 

such individuals is not less than 20 percent of the voting power 

held in its board of directors and other such governing boards; 

17

(11) provides for reasonable direct representation on its 

board of directors or other governing board for any amateur 

sports organization that—

(A) conducts a national program or regular national 

amateur athletic competition in the applicable sport on a 

level of proficiency appropriate for the selection of amateur 

athletes to represent the United States in international 

amateur athletic competition; and 

(B) ensures that the representation reflects the nature, 

scope, quality, and strength of the programs and competitions of the amateur sports organization in relation to all 

other programs and competitions in the sport in the 

United States; 

(12) demonstrates that none of its officers are also officers of 

any other amateur sports organization recognized as a national 

governing body; 

(13) provides procedures for the prompt and equitable resolution of grievances of its members; 

(14) does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic 

Games, or the Pan-American Games that are more restrictive 

than those of the appropriate international sports federation; 

and 

(15) demonstrates, if the organization is seeking to be recognized as a national governing body, that it is prepared to meet 

the obligations imposed on a national governing body under 

sections 220524 and 220525 of this title. 

(b) RECOGNITION OF PARALYMPIC SPORTS ORGANIZATIONS.—For 

any sport which is included on the program of the Paralympic 

Games, the corporation is authorized to designate, where feasible 

and when such designation would serve the best interest of the 

sport, and with the approval of the affected national governing 

body, a national governing body recognized under subsection (a) to 

govern such sport. Where such designation is not feasible or would 

not serve the best interest of the sport, the corporation is authorized to recognize another amateur sports organization as a 

paralympic sports organization to govern such sport, except that, 

notwithstanding the other requirements of this chapter, any such 

paralympic sports organization—

(1) shall comply only with those requirements, perform those 

duties, and have those powers that the corporation, in its sole 

discretion, determines are appropriate to meet the objects and 

purposes of this chapter; and 

(2) may, with the approval of the corporation, govern more 

than one sport included on the program of the Paralympic 

Games. 

* * * * * * *

SUBCHAPTER III. GOVERNANCE 

§ 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 

18

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.—

19

(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 elVerDate jul 14 2003 03:52 Jul 29, 2003 Jkt 019010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\SR114.XXX SR114
20

igible 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. 

§ 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 

21

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. 

§ 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. 

§ 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.

‘‘§ 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—

22

(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 

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23

tions 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.

Æ