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36 U.S.C. § 220511Reports and audits

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 772 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every year, the corporation must send the President and Congress a detailed report on its work, including data on women, disabled people, and racial minorities, lawsuits, board minutes, and a compliance review — and post it online. Every year an independent accountant must also audit its finances, with full access to records, and send Congress a detailed report on money and any conflicts of interest — posted online without anyone's personal information.

(a) Report. (1) At least once a year, the corporation must send the President and both houses of Congress a detailed report on its work from the past calendar year. (2) Each report must include: a full description of the year's activities and accomplishments; data on participation by women, disabled people, and racial and ethnic minorities in sports and in running the corporation and national governing bodies; steps taken to encourage that participation; a list of lawsuits or grievances filed against the corporation, including disputes under this chapter; the agenda and minutes of every board meeting that year; a compliance committee report showing where the corporation met or missed compliance standards, plus a compliance assessment and improvement plan for each member; and a detailed account of any retaliation complaint made that year, including who was involved, how many allegations, and what happened. (3) The corporation must post each report on an easy-to-find website. (b) Audit. (1) At least once a year, an independent certified or licensed public accountant must audit the corporation's financial statements using standard accounting rules. (2) The audit happens wherever the corporation normally keeps its financial records. (3) The auditor must get full access to all of the corporation's records, property, and facilities needed to verify the audit, including any funds held by a bank or other custodian. (4) Within 180 days after the fiscal year ends, the auditor must send a report to the Senate Commerce Committee, the House Judiciary Committee, and the head of the Athletes' Advisory Council. That report must include: a fair statement of assets, debts, and surplus or deficit; an analysis of how those changed; a detailed statement of income and expenses, including any commercial activity; how much was spent on athlete stipends and services; how much was spent on pay for executives and administrators, including the corporation's 20 highest-paid employees; how much money went to national governing bodies; any comments or information the auditor thinks Congress should know; recommendations about the corporation's finances; and a description of any financial conflict of interest involving a board member or senior staff member, including what was done about it. The corporation must post each audit report online, leaving out anyone's personal identifying information.
the actual law source: uscode.house.gov ↗public domain
(a)Report.—
(1)Submission to president and congress.—

Not less frequently than annually, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report on the operations of the corporation for the preceding calendar year.

(2)Matters to be included.—

Each report required by paragraph (1) shall include the following:

(A)

A comprehensive description of the activities and accomplishments of the corporation during such calendar year.

(B)

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.

(C)

A description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.

(D)

A description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter.

(E)

The agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year.

(F)

A report by the compliance committee of the corporation that, with respect to such calendar year—

(i)

identifies—

(I)

the areas in which the corporation has met compliance standards; and

(II)

the areas in which the corporation has not met compliance standards; and

(ii)

assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary.

(G)

A detailed description of any complaint of retaliation made during such calendar year, including the entity involved, the number of allegations of retaliation, and the outcome of such allegations.

(3)Public availability.—

The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.

(b)Audit.—
(1)In general.—

Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by—

(A)

an independent certified public accountant; or

(B)

an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State.

(2)Location.—

An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.

(3)Access.—

An individual conducting an audit under paragraph (1) shall be given full access to—

(A)

all records and property owned or used by the corporation, as necessary to facilitate the audit; and

(B)

any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian.

(4)Report.—
(A)In general.—

Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the House of Representatives, and the chair of the Athletes’ Advisory Council.

(B)Matters to be included.—

Each report under subparagraph (A) shall include the following for the applicable fiscal year:

(i)

Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation.

(ii)

An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.

(iii)

A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor.

(iv)

A detailed statement of the amounts spent on stipends and services for athletes.

(v)

A detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation, including the 20 employees of the corporation who receive the highest amounts of compensation.

(vi)

A detailed statement of the amounts allocated to the national governing bodies.

(vii)

Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation.

(viii)

Recommendations relating to the financial operations and condition of the corporation.

(ix)

A description of any financial conflict of interest (including a description of any recusal or other mitigating action taken), evaluated in a manner consistent with the policies of the corporation, of—

(I)

a member of the board of directors of the corporation; or

(II)

any senior management personnel of the corporation.

(C)Public availability.—
(i)In general.—

The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation.

(ii)Personally identifiable information.—

A report made available under clause (i) shall not include the personally identifiable information of any individual.

Source credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(j)(1), Oct. 21, 1998, 112 Stat. 2681–606; Pub. L. 109–284, § 5(18), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 6(f)(1), Oct. 30, 2020, 134 Stat. 953.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1471
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2006Amended · Pub. L. 109-284 · 120 Stat. 1212
  • 2020Amended · Pub. L. 116-189 · 134 Stat. 953

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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