II

105TH CONGRESS

2D SESSION S. 2119

To amend the Amateur Sports Act to strengthen provisions protecting the

right of athletes to compete, recognize the Paralympics and growth

of disabled sports, improve the U.S. Olympic Committee’s ability to

resolve certain disputes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1998

Mr. STEVENS (for himself and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To amend the Amateur Sports Act to strengthen provisions

protecting the right of athletes to compete, recognize

the Paralympics and growth of disabled sports, improve

the U.S. Olympic Committee’s ability to resolve certain

disputes, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be referred to as the ‘‘Olympic and

5 Amateur Sports Act Amendments of 1998’’.
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1 SEC. 2. OLYMPIC AND AMATEUR SPORTS ACT; AMENDMENT

2 OF ACT.

3 (a) The Act entitled ‘‘An Act to incorporate the

4 United States Olympic Association’’, approved September

5 21, 1950 (36 U.S.C. 371 et seq.), as amended, shall be

6 cited hereafter as the ‘‘Olympic and Amateur Sports Act’’.

7 (b) Except as otherwise expressly provided, whenever

8 in this Act an amendment or repeal is expressed in terms

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a

11 section or other provision of the Olympic and Amateur

12 Sports Act (36 U.S.C. 371 et seq.), as renamed by sub13 section (a).

14 SEC. 3. OBJECTS AND PURPOSES.

15 (a) Section 104(3) (36 U.S.C. 374(3)) is amended

16 by inserting ‘‘, the Paralympic Games,’’ after ‘‘Olympic

17 Games’’ in both places it appears.

18 (b) Section 104(4) (36 U.S.C. 374(4)) is amended

19 by inserting ‘‘, the Paralympic Games,’’ after ‘‘Olympic

20 Games’’.

21 (c) Section 104(13) (36 U.S.C. 374(13)) is amended

22 to read as follows:

23 ‘‘(13) encourage and provide assistance to ama24 teur athletic programs and competition for amateur

25 athletes with disabilities, including, where feasible,

26 the expansion of opportunities for meaningful par-
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1 ticipation by such amateur athletes in programs of

2 athletic competition for able-bodied amateur ath3 letes; and’’.

4 SEC. 4. POWERS OF CORPORATION.

5 (a) Section 105(a)(2) (36 U.S.C. 375(a)(2)) is

6 amended by inserting before the semicolon, ‘‘and as its

7 national Paralympic committee in relations with the Inter8 national Paralympic Committee’’.

9 (b) Section 105(a)(3) (36 U.S.C. 375(a)(3)) is

10 amended by inserting ‘‘, the Paralympic Games’’ after

11 ‘‘Olympic Games’’.

12 (c) Section 105(a)(4) (36 U.S.C. 375(a)(4)) is

13 amended by inserting ‘‘, the Paralympic Games’’ after

14 ‘‘Olympic Games’’.

15 (d) Section 105(a)(5) (36 U.S.C. 375(a)(5)) is

16 amended by striking ‘‘Pan-American world championship

17 competition’’ and inserting in lieu thereof ‘‘Paralympic

18 Games, the Pan-American Games, world championship

19 competition’’.

20 (e) Section 105(a)(6) (36 U.S.C. 375(a)(6)) is

21 amended by inserting after ‘‘sued’’ a comma and the fol22 lowing, ‘‘except that the Corporation may be sued only in

23 federal court for matters pertaining solely to this Act’’.
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1 SEC. 5. MEMBERSHIP; REPRESENTATION.

2 (a) Section 106(b)(2) (36 U.S.C. 376(b)(2)) is

3 amended to read as follows:

4 ‘‘(2) amateur athletes who are actively engaged

5 in amateur athletic competition or who have rep6 resented the United States in international amateur

7 athletic competition within the preceding 10 years,

8 including through provisions which—

9 ‘‘(A) establish and maintain an Athletes’

10 Advisory Council composed of, and elected by,

11 such amateur athletes to ensure communication

12 between the Corporation and such amateur ath13 letes; and

14 ‘‘(B) ensure that the membership and vot15 ing power held by such amateur athletes is not

16 less than 20 percent of the membership and

17 voting power held in the board of directors of

18 the Corporation and in the committees and en19 tities of the Corporation;’’.

20 (b) Section 106(b)(3) (36 U.S.C. 376(b)(3)) is

21 amended by inserting ‘‘, the Paralympic Games,’’ after

22 ‘‘Olympic Games’’.

23 SEC. 6. USE OF OLYMPIC, PARALYMPIC, AND PAN-AMER24 ICAN SYMBOLS.

25 (a) Section 110(a) (36 U.S.C. 380(a)) is amended—
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1 (1) in paragraph (1) by inserting before the

2 semicolon, ‘‘, the symbol of the International

3 Paralympic Committee, consisting of three

4 TaiGeuks, or the symbol of the Pan-American

5 Sports Organization, consisting of a torch sur6 rounded by concentric rings’’;

7 (2) in paragraph (3) by inserting ‘‘, the Inter8 national Paralympic Committee, the Pan-American

9 Sports Organization,’’ after ‘‘International Olympic

10 Committee’’; and

11 (3) in paragraph (4)—

12 (A) by inserting ‘‘ ‘Paralympic’,

13 ‘Paralympiad’, ‘Pan-American’, ‘America

14 Espirito Sport Fraternite’,’’ before ‘‘or any

15 combination’’; and

16 (B) by inserting ‘‘, Paralympic, or Pan17 American Games’’ after ‘‘any Olympic’’.

18 (b) Section 110(b) (36 U.S.C. 380(b)) is amended—

19 (1) by inserting ‘‘, International Paralympic

20 Committee, Pan-American Sports Organization,’’

21 after ‘‘International Olympic Committee’’; and

22 (2) by inserting ‘‘, Paralympic,’’ before ‘‘or

23 Pan-American team’’.

24 (c) Section 110(c) (36 U.S.C. 380(c)) is amended—
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1 (1) by striking ‘‘symbol’’ and inserting ‘‘sym2 bols’’; and

3 (2) by inserting ‘‘, ‘Paralympic’, ‘Paralympiad’,

4 ‘Pan-American’,’’ before ‘‘or any combination’’.

5 SEC. 7. AGENT FOR SERVICE OF PROCESS.

6 Section 111 (36 U.S.C. 381) is amended by striking

7 ‘‘file in the office’’ and all that follows through the period,

8 and inserting in lieu thereof ‘‘have a designated agent in

9 the State of Colorado to receive service of process for the

10 Corporation. Notice to or service on the agent, or mailed

11 to the business address of the agent, is notice to or service

12 on the corporation.’’.

13 SEC. 8. REPORTS.

14 Section 113 (36 U.S.C. 382a) is amended to read as

15 follows:

16 ‘‘SEC. 113. The Corporation shall, on or before the

17 first day of June, 2001 and every fourth year thereafter,

18 transmit simultaneously to the President and to each

19 House of Congress a detailed report of its operations for

20 the preceding four years, including a full and complete

21 statement of its receipts and expenditures and a com22 prehensive description of the activities and accomplish23 ments of the Corporation during such four year period.

24 The report shall contain data concerning the participation

25 of women, disabled individuals, and racial and ethnic mi-
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1 norities in the amateur athletic activities and administra2 tion of the Corporation and national governing bodies, and

3 a description of the steps taken to encourage the participa4 tion of women, disabled individuals, and racial minorities

5 in amateur athletic activities. Copies of the report shall

6 be made available by the Corporation to interested persons

7 at a reasonable cost.’’.

8 SEC. 9. RESOLUTION OF DISPUTES.

9 (a) Section 114 (36 U.S.C. 382b) is amended—

10 (1) by inserting ‘‘(a)’’ before the first sentence;

11 (2) by inserting ‘‘the Paralympic Games,’’ be12 fore ‘‘Pan-American Games’’; and

13 (3) by inserting at the end the following, ‘‘In

14 any lawsuit relating to the resolution of a dispute in15 volving the opportunity of an amateur athlete to

16 participate in the Olympic Games, the Paralympic

17 Games, or the Pan-American Games, a court shall

18 not grant injunctive relief against the Corporation

19 within 30 days before the beginning of such games

20 if the Corporation has stated in writing to such

21 court that its constitution and bylaws cannot provide

22 for the resolution of such dispute prior to the begin23 ning of such games.’’.
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1 (b) Section 114 (36 U.S.C. 328b), as amended by

2 subsection (a), is amended further by adding at the end

3 the following new subsection:

4 ‘‘(b) Upon nomination by the Athletes’ Advisory

5 Council, the Corporation shall hire and provide adminis6 trative expenses for an ombudsman for athletes. The om7 budsman for athletes shall provide advice at no cost to

8 amateur athletes with respect to, among other issues, the

9 resolution of any dispute involving the opportunity of an

10 amateur athlete to participate in an amateur athletic com11 petition, including the Olympic Games, the Paralympic

12 Games, the Pan-American Games, world championship

13 competition or other protected competition. The Corpora14 tion may terminate the employment of an individual serv15 ing as ombudsman for athletes, and may reduce the salary

16 or administrative expenses of such individual, only if such

17 termination or reduction is approved by a majority of the

18 voting member of the Athlete’s Advisory Council. The om19 budsman for athletes shall receive salary and administra20 tive cost increases in increments similar to other employ21 ees and offices of the Corporation. The Athletes’ Advisory

22 Council shall nominate a replacement to fill any vacancy

23 that occurs in the position of ombudsman for athletes.’’.
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1 SEC. 10. COMPLETE TEAMS.

2 Title I (36 U.S.C. 371 et seq.) is amended by insert3 ing after section 114 the following new section:

4 ‘‘SEC. 115. In obtaining representation for the

5 United States in each competition and event of the Olym6 pic Games, Paralympic Games, and Pan-American Games,

7 the Corporation, either directly or by delegation to the ap8 propriate national governing body, may select, but is not

9 obligated to select, athletes who have not met the eligi10 bility standard of at least one of the national governing

11 body, the Corporation, the International Olympic Commit12 tee, or the appropriate international sports federation,

13 when the number of athletes who have met the eligibility

14 standard of at least one of such entities is insufficient to

15 fill the roster for an event.’’.

16 SEC. 11. RECOGNITION OF AMATEUR SPORTS ORGANIZA17 TIONS.

18 (a) Section 201(a) (36 U.S.C. 391(a)) is amended—

19 (1) by inserting ‘‘, the Paralympic Games,’’

20 after ‘‘Olympic Games’’;

21 (2) by inserting before the period at the end of

22 the second sentence ‘‘, except as provided in sub23 section (e)’’;

24 (3) by striking ‘‘hold a hearing’’ and inserting

25 in lieu thereof ‘‘hold at least two hearings’’; and
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1 (4) by inserting at the end, ‘‘In addition, the

2 Corporation shall send written notice, which shall in3 clude a copy of the application, at least 30 days

4 prior to the date of the hearing to all amateur sports

5 organizations known to the Corporation in that

6 sport.’’.

7 (b) Section 201(b) (36 U.S.C. 391(b)) is amended—

8 (1) in paragraph (3)—

9 (A) by striking ‘‘commercial rules of the

10 American Arbitration Association’’ and insert11 ing in lieu thereof ‘‘Commercial rules of the

12 American Arbitration Association, as modified

13 by the Corporation with the concurrence of the

14 Athletes’ Advisory Council,’’; and

15 (B) by striking ‘‘or involving the oppor16 tunity of any’’ and inserting in lieu thereof ‘‘or,

17 upon demand of the Corporation or any ag18 grieved amateur athlete, coach, trainer, man19 ager, administrator or official, to such arbitra20 tion in any controversy involving the oppor21 tunity of such’’;

22 (2) in paragraph (6) by inserting ‘‘that com23 ports with basic concepts of fundamental fairness,

24 due process, and a presumption of innocence’’ after

25 ‘‘opportunity for a hearing’’;
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1 (3) in paragraph (8)—

2 (A) by striking ‘‘includes’’ and inserting in

3 lieu thereof ‘‘has established criteria for and

4 maintains’’;

5 (B) by inserting ‘‘that such criteria and

6 the procedure for selecting such individuals is

7 approved by the Athletes’ Advisory Council and

8 the Corporation,’’ after ‘‘preceding 10 years,’’;

9 and

10 (C) by striking ‘‘membership and’’ in both

11 places it appears; and

12 (4) in paragraph (12) by inserting ‘‘or to par13 ticipation in the Olympic Games, the Paralympic

14 Games, or the Pan-American Games’’ after ‘‘ama15 teur status’’.

16 (c) Section 201 (36 U.S.C. 391), as amended, is

17 amended further by adding at the end the following new

18 subsection:

19 ‘‘(e) For any sport which is included on the program

20 of the Paralympic Games, the Corporation is authorized

21 to designate, where feasible and when such designation

22 would serve the best interest of the sport, a national gov23 erning body recognized under subsection (a) to govern

24 such sport. Where such designation is not feasible or

25 would not serve the best interest of the sport, the Corpora-
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1 tion is authorized to recognize as a national governing

2 body another amateur sports organization to govern such

3 sport, except that, notwithstanding the other requirements

4 of this Act, such national governing body—

5 ‘‘(1) shall comply only with those requirements,

6 perform those duties, and have those powers that

7 the Corporation determines are appropriate to meet

8 the objects and purposes of the Act; and

9 ‘‘(2) may, with the approval of the Corporation,

10 govern more than one sport included on the program

11 of the Paralympic Games.’’.

12 SEC. 12. DUTIES OF NATIONAL GOVERNING BODIES.

13 (a) Section 202(a)(3) (36 U.S.C. 392(a)(3)) is

14 amended—

15 (1) by inserting ‘‘(A)’’ immediately after ‘‘(3)’’;

16 (2) by inserting ‘‘and’’ after the semicolon; and

17 (3) by inserting at the end the following new

18 subparagraph:

19 ‘‘(B) disseminate and distribute to amateur

20 athletes, coaches, trainers, managers, administrators

21 and officials in a timely manner the applicable rules

22 and any changes to such rules of the national gov23 erning body, the Corporation, the appropriate inter24 national sports federation, the International Olympic
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1 Committee, the International Paralympic Commit2 tee, and the Pan-American Sports Organization;’’.

3 (b) Section 202(a)(7) (36 U.S.C. 392(a)(7)) is

4 amended by striking ‘‘handicapped’’ in each of the three

5 places it appears and inserting in lieu thereof ‘‘disabled’’.

6 SEC. 13. AUTHORITY OF NATIONAL GOVERNING BODIES.

7 (a) Section 203(6) (36 U.S.C. 393(6)) is amended

8 by inserting ‘‘, the Paralympic Games,’’ after ‘‘Olympic

9 Games’’.

10 (b) Section 203(7) (36 U.S.C. 393(7)) is amended

11 by inserting ‘‘, the Paralympic Games,’’ after ‘‘Olympic

12 Games’’.

13 SEC. 14. REPLACEMENT OF NATIONAL GOVERNING BODY.

14 (a) Section 205(a)(3)(C)(i) (36 U.S.C.

15 395(a)(3)(C)(i)) is amended by inserting ‘‘and notify such

16 national governing body of such probation and of the ac17 tions needed to comply with such requirements,’’ before

18 ‘‘or’’.

19 (b) Section 205(b) (36 U.S.C. 395(b)) is amended—

20 (1) in paragraph (1) by striking ‘‘Olympic

21 Games or in both’’ and inserting in lieu thereof

22 ‘‘Olympic Games or the Paralympic Games, or in

23 both’’;

24 (2) in paragraph (2)—
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1 (A) by striking ‘‘registered’’ and inserting

2 ‘‘certified’’; and

3 (B) by inserting ‘‘and with any other orga4 nization that has filed an application’’ after

5 ‘‘applicable national governing body’’; and

6 (3) in paragraph (3)—

7 (A) by inserting ‘‘open to the public’’ after

8 ‘‘formal hearing’’ in the first sentence; and

9 (B) by inserting after the second sentence

10 ‘‘In addition, the Corporation shall send written

11 notice, which shall include a copy of the appli12 cation, at least 30 days prior to the date of the

13 hearing to all amateur sports organizations

14 known to the Corporation in that sport.’’.

15 SEC. 15. SPECIAL REPORT TO CONGRESS.

16 Five years from the date of the enactment of this Act,

17 the United States Olympic Committee shall submit a spe18 cial report to the Congress on the effectiveness of the pro19 visions of this Act, together with any additional proposed

20 changes to the Olympic and Amateur Sports Act the

21 United States Olympic Committee determines are appro22 priate.

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