```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2119 Reported in Senate (RS)]

                                                       Calendar No. 567

105th CONGRESS

  2d Session

                                S. 2119

                          [Report No. 105-325]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 10, 1998

        Reported with an amendment in the nature of a substitute

                                                       Calendar No. 567
105th CONGRESS
  2d Session
                                S. 2119

                          [Report No. 105-325]

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

                           September 10, 1998

Reported by Mr. McCain, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be referred to as the ``Olympic and Amateur 
Sports Act Amendments of 1998''.</DELETED>

<DELETED>SEC. 2. OLYMPIC AND AMATEUR SPORTS ACT; AMENDMENT OF 
              ACT.</DELETED>

<DELETED>    (a) The Act entitled ``An Act to incorporate the United 
States Olympic Association'', approved September 21, 1950 (36 U.S.C. 
371 et seq.), as amended, shall be cited hereafter as the ``Olympic and 
Amateur Sports Act''.</DELETED>
<DELETED>    (b) Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Olympic 
and Amateur Sports Act (36 U.S.C. 371 et seq.), as renamed by 
subsection (a).</DELETED>

<DELETED>SEC. 3. OBJECTS AND PURPOSES.</DELETED>

<DELETED>    (a) Section 104(3) (36 U.S.C. 374(3)) is amended by 
inserting ``, the Paralympic Games,'' after ``Olympic Games'' in both 
places it appears.</DELETED>
<DELETED>    (b) Section 104(4) (36 U.S.C. 374(4)) is amended by 
inserting ``, the Paralympic Games,'' after ``Olympic 
Games''.</DELETED>
<DELETED>    (c) Section 104(13) (36 U.S.C. 374(13)) is amended to read 
as follows:</DELETED>
        <DELETED>    ``(13) encourage and provide assistance to amateur 
        athletic programs and competition for amateur athletes with 
        disabilities, including, where feasible, the expansion of 
        opportunities for meaningful participation by such amateur 
        athletes in programs of athletic competition for able-bodied 
        amateur athletes; and''.</DELETED>

<DELETED>SEC. 4. POWERS OF CORPORATION.</DELETED>

<DELETED>    (a) Section 105(a)(2) (36 U.S.C. 375(a)(2)) is amended by 
inserting before the semicolon, ``and as its national Paralympic 
committee in relations with the International Paralympic 
Committee''.</DELETED>
<DELETED>    (b) Section 105(a)(3) (36 U.S.C. 375(a)(3)) is amended by 
inserting ``, the Paralympic Games'' after ``Olympic Games''.</DELETED>
<DELETED>    (c) Section 105(a)(4) (36 U.S.C. 375(a)(4)) is amended by 
inserting ``, the Paralympic Games'' after ``Olympic Games''.</DELETED>
<DELETED>    (d) Section 105(a)(5) (36 U.S.C. 375(a)(5)) is amended by 
striking ``Pan-American world championship competition'' and inserting 
in lieu thereof ``Paralympic Games, the Pan-American Games, world 
championship competition''.</DELETED>
<DELETED>    (e) Section 105(a)(6) (36 U.S.C. 375(a)(6)) is amended by 
inserting after ``sued'' a comma and the following, ``except that the 
Corporation may be sued only in federal court for matters pertaining 
solely to this Act''.</DELETED>

<DELETED>SEC. 5. MEMBERSHIP; REPRESENTATION.</DELETED>

<DELETED>    (a) Section 106(b)(2) (36 U.S.C. 376(b)(2)) is amended to 
read as follows:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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;''.</DELETED>
<DELETED>    (b) Section 106(b)(3) (36 U.S.C. 376(b)(3)) is amended by 
inserting ``, the Paralympic Games,'' after ``Olympic 
Games''.</DELETED>

<DELETED>SEC. 6. USE OF OLYMPIC, PARALYMPIC, AND PAN-AMERICAN 
              SYMBOLS.</DELETED>

<DELETED>    (a) Section 110(a) (36 U.S.C. 380(a)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1) by inserting before the 
        semicolon, ``, the symbol of the International Paralympic 
        Committee, consisting of three TaiGeuks, or the symbol of the 
        Pan-American Sports Organization, consisting of a torch 
        surrounded by concentric rings'';</DELETED>
        <DELETED>    (2) in paragraph (3) by inserting ``, the 
        International Paralympic Committee, the Pan-American Sports 
        Organization,'' after ``International Olympic Committee''; 
        and</DELETED>
        <DELETED>    (3) in paragraph (4)--</DELETED>
                <DELETED>    (A) by inserting ```Paralympic', 
                `Paralympiad', `Pan-American', `America Espirito Sport 
                Fraternite','' before ``or any combination''; 
                and</DELETED>
                <DELETED>    (B) by inserting ``, Paralympic, or Pan-
                American Games'' after ``any Olympic''.</DELETED>
<DELETED>    (b) Section 110(b) (36 U.S.C. 380(b)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``, International Paralympic 
        Committee, Pan-American Sports Organization,'' after 
        ``International Olympic Committee''; and</DELETED>
        <DELETED>    (2) by inserting ``, Paralympic,'' before ``or 
        Pan-American team''.</DELETED>
<DELETED>    (c) Section 110(c) (36 U.S.C. 380(c)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``symbol'' and inserting 
        ``symbols''; and</DELETED>
        <DELETED>    (2) by inserting ``, `Paralympic', `Paralympiad', 
        `Pan-American','' before ``or any combination''.</DELETED>

<DELETED>SEC. 7. AGENT FOR SERVICE OF PROCESS.</DELETED>

<DELETED>    Section 111 (36 U.S.C. 381) is amended by striking ``file 
in the office'' and all that follows through the period, and inserting 
in lieu thereof ``have a designated agent in the State of Colorado to 
receive service of process for the Corporation. Notice to or service on 
the agent, or mailed to the business address of the agent, is notice to 
or service on the corporation.''.</DELETED>

<DELETED>SEC. 8. REPORTS.</DELETED>

<DELETED>    Section 113 (36 U.S.C. 382a) is amended to read as 
follows:</DELETED>
<DELETED>    ``Sec. 113. The Corporation shall, on or before the first 
day of June, 2001 and every fourth year thereafter, transmit 
simultaneously to the President and to each House of Congress a 
detailed report of its operations for the preceding four years, 
including a full and complete statement of its receipts and 
expenditures and a comprehensive description of the activities and 
accomplishments of the Corporation during such four year period. The 
report shall contain 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 a description of the steps taken to encourage the 
participation of women, disabled individuals, and racial minorities in 
amateur athletic activities. Copies of the report shall be made 
available by the Corporation to interested persons at a reasonable 
cost.''.</DELETED>

<DELETED>SEC. 9. RESOLUTION OF DISPUTES.</DELETED>

<DELETED>    (a) Section 114 (36 U.S.C. 382b) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a)'' before the first 
        sentence;</DELETED>
        <DELETED>    (2) by inserting ``the Paralympic Games,'' before 
        ``Pan-American Games''; and</DELETED>
        <DELETED>    (3) by inserting at the end the following, ``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 30 days before the beginning of such games if the Corporation 
has stated in writing to such court that its constitution and bylaws 
cannot provide for the resolution of such dispute prior to the 
beginning of such games.''.</DELETED>
<DELETED>    (b) Section 114 (36 U.S.C. 328b), as amended by subsection 
(a), is amended further by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(b) Upon nomination by the Athletes' Advisory Council, 
the Corporation shall hire and provide administrative expenses for an 
ombudsman for athletes. The ombudsman for athletes shall provide advice 
at no cost to amateur athletes with respect to, among other issues, the 
resolution of any dispute involving the opportunity of an amateur 
athlete to participate in an amateur athletic competition, including 
the Olympic Games, the Paralympic Games, the Pan-American Games, world 
championship competition or other protected competition. The 
Corporation may terminate the employment of an individual serving as 
ombudsman for athletes, and may reduce the salary or administrative 
expenses of such individual, only if such termination or reduction is 
approved by a majority of the voting member of the Athlete's Advisory 
Council. The ombudsman for athletes shall receive salary and 
administrative cost increases in increments similar to other employees 
and offices of the Corporation. The Athletes' Advisory Council shall 
nominate a replacement to fill any vacancy that occurs in the position 
of ombudsman for athletes.''.</DELETED>

<DELETED>SEC. 10. COMPLETE TEAMS.</DELETED>

<DELETED>    Title I (36 U.S.C. 371 et seq.) is amended by inserting 
after section 114 the following new section:</DELETED>
<DELETED>    ``Sec. 115. In obtaining representation for the United 
States in each competition and event of the Olympic Games, Paralympic 
Games, and Pan-American Games, the Corporation, either directly or by 
delegation to the appropriate national governing body, may select, but 
is not obligated to select, athletes who have not met the eligibility 
standard of at least one of the national governing body, the 
Corporation, the International Olympic Committee, or the appropriate 
international sports federation, when the number of athletes who have 
met the eligibility standard of at least one of such entities is 
insufficient to fill the roster for an event.''.</DELETED>

<DELETED>SEC. 11. RECOGNITION OF AMATEUR SPORTS 
              ORGANIZATIONS.</DELETED>

<DELETED>    (a) Section 201(a) (36 U.S.C. 391(a)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``, the Paralympic Games,'' after 
        ``Olympic Games'';</DELETED>
        <DELETED>    (2) by inserting before the period at the end of 
        the second sentence ``, except as provided in subsection 
        (e)'';</DELETED>
        <DELETED>    (3) by striking ``hold a hearing'' and inserting 
        in lieu thereof ``hold at least two hearings''; and</DELETED>
        <DELETED>    (4) by inserting at the end, ``In addition, the 
        Corporation shall send written notice, which shall include a 
        copy of the application, at least 30 days prior to the date of 
        the hearing to all amateur sports organizations known to the 
        Corporation in that sport.''.</DELETED>
<DELETED>    (b) Section 201(b) (36 U.S.C. 391(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``commercial rules of the 
                American Arbitration Association'' and inserting in 
                lieu thereof ``Commercial rules of the American 
                Arbitration Association, as modified by the Corporation 
                with the concurrence of the Athletes' Advisory 
                Council,''; and</DELETED>
                <DELETED>    (B) by striking ``or involving the 
                opportunity of any'' and inserting in lieu thereof 
                ``or, upon demand of the Corporation or any aggrieved 
                amateur athlete, coach, trainer, manager, administrator 
                or official, to such arbitration in any controversy 
                involving the opportunity of such'';</DELETED>
        <DELETED>    (2) in paragraph (6) by inserting ``that comports 
        with basic concepts of fundamental fairness, due process, and a 
        presumption of innocence'' after ``opportunity for a 
        hearing'';</DELETED>
        <DELETED>    (3) in paragraph (8)--</DELETED>
                <DELETED>    (A) by striking ``includes'' and inserting 
                in lieu thereof ``has established criteria for and 
                maintains'';</DELETED>
                <DELETED>    (B) by inserting ``that such criteria and 
                the procedure for selecting such individuals is 
                approved by the Athletes' Advisory Council and the 
                Corporation,'' after ``preceding 10 years,''; 
                and</DELETED>
                <DELETED>    (C) by striking ``membership and'' in both 
                places it appears; and</DELETED>
        <DELETED>    (4) in paragraph (12) by inserting ``or to 
        participation in the Olympic Games, the Paralympic Games, or 
        the Pan-American Games'' after ``amateur status''.</DELETED>
<DELETED>    (c) Section 201 (36 U.S.C. 391), as amended, is amended 
further by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(e) 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, 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 as a national governing body another amateur sports 
organization to govern such sport, except that, notwithstanding the 
other requirements of this Act, such national governing body--
</DELETED>
        <DELETED>    ``(1) shall comply only with those requirements, 
        perform those duties, and have those powers that the 
        Corporation determines are appropriate to meet the objects and 
        purposes of the Act; and</DELETED>
        <DELETED>    ``(2) may, with the approval of the Corporation, 
        govern more than one sport included on the program of the 
        Paralympic Games.''.</DELETED>

<DELETED>SEC. 12. DUTIES OF NATIONAL GOVERNING BODIES.</DELETED>

<DELETED>    (a) Section 202(a)(3) (36 U.S.C. 392(a)(3)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(A)'' immediately after 
        ``(3)'';</DELETED>
        <DELETED>    (2) by inserting ``and'' after the semicolon; 
        and</DELETED>
        <DELETED>    (3) by inserting at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(B) disseminate and distribute to amateur 
        athletes, coaches, trainers, managers, administrators and 
        officials in a timely manner the applicable rules and any 
        changes to such rules of the national governing body, the 
        Corporation, the appropriate international sports federation, 
        the International Olympic Committee, the International 
        Paralympic Committee, and the Pan-American Sports 
        Organization;''.</DELETED>
<DELETED>    (b) Section 202(a)(7) (36 U.S.C. 392(a)(7)) is amended by 
striking ``handicapped'' in each of the three places it appears and 
inserting in lieu thereof ``disabled''.</DELETED>

<DELETED>SEC. 13. AUTHORITY OF NATIONAL GOVERNING BODIES.</DELETED>

<DELETED>    (a) Section 203(6) (36 U.S.C. 393(6)) is amended by 
inserting ``, the Paralympic Games,'' after ``Olympic 
Games''.</DELETED>
<DELETED>    (b) Section 203(7) (36 U.S.C. 393(7)) is amended by 
inserting ``, the Paralympic Games,'' after ``Olympic 
Games''.</DELETED>

<DELETED>SEC. 14. REPLACEMENT OF NATIONAL GOVERNING BODY.</DELETED>

<DELETED>    (a) Section 205(a)(3)(C)(i) (36 U.S.C. 395(a)(3)(C)(i)) is 
amended by inserting ``and notify such national governing body of such 
probation and of the actions needed to comply with such requirements,'' 
before ``or''.</DELETED>
<DELETED>    (b) Section 205(b) (36 U.S.C. 395(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1) by striking ``Olympic Games 
        or in both'' and inserting in lieu thereof ``Olympic Games or 
        the Paralympic Games, or in both'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``registered'' and 
                inserting ``certified''; and</DELETED>
                <DELETED>    (B) by inserting ``and with any other 
                organization that has filed an application'' after 
                ``applicable national governing body''; and</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) by inserting ``open to the public'' 
                after ``formal hearing'' in the first sentence; 
                and</DELETED>
                <DELETED>    (B) by inserting after the second sentence 
                ``In addition, the Corporation shall send written 
                notice, which shall include a copy of the application, 
                at least 30 days prior to the date of the hearing to 
                all amateur sports organizations known to the 
                Corporation in that sport.''.</DELETED>

<DELETED>SEC. 15. SPECIAL REPORT TO CONGRESS.</DELETED>

<DELETED>    Five years from the date of the enactment of this Act, the 
United States Olympic Committee shall submit a special report to the 
Congress on the effectiveness of the provisions of this Act, together 
with any additional proposed changes to the Olympic and Amateur Sports 
Act the United States Olympic Committee determines are 
appropriate.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Olympic and Amateur Sports Act 
Amendments of 1998''.

SEC. 2. OLYMPIC AND AMATEUR SPORTS ACT; AMENDMENT OF ACT.

    (a) Short Title for 1950 Act.--The Act entitled ``An Act to 
incorporate the United States Olympic Association'', approved September 
21, 1950 (36 U.S.C. 371 et seq.) is amended by inserting before title I 
the following:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Olympic and Amateur Sports Act'.''.
    (b) Amendment of 1950 Act.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Olympic and Amateur Sports Act (36 U.S.C. 371 et seq.).

SEC. 3. DEFINITIONS.

    Section 103 (36 U.S.C. 373) is amended by--
            (1) inserting ``or paralympic sports organization'' after 
        ``national governing body'' in paragraph (1);
            (2) striking ``and'' after the semicolon in paragraph (6);
            (3) redesignating paragraph (7) as paragraph (8); and
            (4) inserting after paragraph (6) the following:
            ``(7) `paralympic sports organization' means an amateur 
        sports organization which is recognized by the Corporation in 
        accordance with section 201(e) of this Act; and''.

SEC. 4. OBJECTS AND PURPOSES.

    Section 104 (36 U.S.C. 374) is amended by--
            (1) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' each place it appears in paragraph (3);
            (2) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' in paragraph (4); and
            (3) striking paragraph (13) and inserting the following:
            ``(13) encourage and provide assistance to amateur athletic 
        programs and competition for amateur athletes with 
        disabilities, including, where feasible, the expansion of 
        opportunities for meaningful participation by such amateur 
        athletes in programs of athletic competition for able-bodied 
        amateur athletes; and''.

SEC. 5. POWERS OF CORPORATION.

    Section 105(a) (36 U.S.C. 375(a)) is amended by--
            (1) striking ``Organization;'' in paragraph (2) and 
        inserting ``Organization and as its national Paralympic 
        committee in relations with the International Paralympic 
        Committee;'';
            (2) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' in paragraph (3);
            (3) striking ``Games;'' in paragraph (4) and inserting 
        ``Games, or as paralympic sports organizations for any sport 
        that is included on the program of the Paralympic Games;'';
            (4) striking ``Pan-American world championship 
        competition,'' in paragraph (5) and inserting ``Paralympic 
        Games, the Pan-American Games, world championship 
        competition,''; and
            (5) striking ``sued; '' in paragraph (6) and inserting 
        ``sued, except that any civil action brought in a State court 
        against the Corporation 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 paragraph nor 
        any other provision of this Act shall create a private right of 
        action under this Act;''.

SEC. 6. MEMBERSHIP; REPRESENTATION.

    (a) Section 106(b)(1) (36 U.S.C. 376(b)(1)) is amended to read as 
follows:
            ``(1) amateur sports organizations recognized as national 
        governing bodies and paralympic sports organizations in 
        accordance with section 201 of this Act, 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;''.
    (b) Section 106(b) (36 U.S.C. 376(b)) is amended by--
            (1) striking paragraph (2) and inserting the following:
            ``(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
                    ``(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;''; and
            (2) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' in paragraph (3).

SEC. 7. USE OF OLYMPIC, PARALYMPIC, AND PAN-AMERICAN SYMBOLS.

    Section 110 (36 U.S.C. 380) is amended by--
            (1) striking ``rings;'' in subsection (a)(1) and inserting 
        ``rings, the symbol of the International Paralympic Committee, 
        consisting of three TaiGeuks, or the symbol of the Pan-American 
        Sports Organization, consisting of a torch surrounded by 
        concentric rings'';
            (2) inserting a comma and ``the International Paralympic 
        Committee, the Pan-American Sports Organization,'' after 
        ``International Olympic Committee'' in subsection (a)(3);
            (3) inserting ``except as permitted in this subsection and 
        subsection (c),'' before ``the words'' in subsection (a)(4);
            (4) inserting ```Paralympic', `Paralympiad', `Pan-
        American', `America Espirito Sport Fraternite,''' before ``or 
        any combination'' in subsection (a)(4);
            (5) inserting a comma and ``Paralympic, or Pan-American 
        Games'' after ``any Olympic'' in subsection (a)(4);
            (6) by inserting after ``services.'' in subsection (a) the 
        following: ``Use of the word `Olympic' to identify a business 
        or goods or services is not prohibited by this section where it 
        is evident from the circumstances that the use of the word 
        `Olympic' refers to the geographical features or a region of 
        the same name, and not a connection with the Corporation or any 
        Olympic activity.'';
            (7) inserting a comma and ``International Paralympic 
        Committee, Pan-American Sports Organization,'' after 
        ``International Olympic Committee'' in subsection (b);
            (8) inserting a comma and ``Paralympic,'' before ``or Pan-
        American team'' in subsection (b);
            (9) by striking ``symbol'' in subsection (c) and inserting 
        ``symbols'';
            (10) by inserting a comma and ```Paralympic', 
        `Paralympiad', `Pan-American','' in subsection (c) before ``or 
        any combination''; and
            (11) by inserting ``and rights of geographical reference'' 
        in subsection (c) after ``preexisting rights''.

SEC. 8. AGENT FOR SERVICE OF PROCESS.

    Section 111 (36 U.S.C. 381) is amended by striking ``file in the 
office'' and all that follows through the period, and inserting in lieu 
thereof ``have a designated agent in the State of Colorado to receive 
service of process for the Corporation. Notice to or service on the 
agent, or mailed to the business address of the agent, is notice to or 
service on the corporation.''.

SEC. 9. REPORTS.

    Section 113 (36 U.S.C. 382a) is amended to read as follows:
    ``Sec. 113. The Corporation shall, on or before the first day of 
June, 2001, and every fourth year thereafter, transmit simultaneously 
to the President and to each House of Congress a detailed report of its 
operations for the preceding four years, including a full and complete 
statement of its receipts and expenditures and a comprehensive 
description of the activities and accomplishments of the 
Corporation during such four year period. The report shall contain 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 a 
description of the steps taken to encourage the participation of women, 
disabled individuals, and racial minorities in amateur athletic 
activities. Copies of the report shall be made available by the 
Corporation to interested persons at a reasonable cost.''.

SEC. 10. RESOLUTION OF DISPUTES.

    Section 114 (36 U.S.C. 382b) is amended by--
            (1) inserting ``(a)'' before ``In its constitution'';
            (2) inserting ``the Paralympic Games,'' before ``Pan-
        American Games'';
            (3) inserting after ``bylaws.'' the following: ``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 court that 
        its constitution and bylaws cannot provide for the resolution 
        of such dispute prior to the beginning of such games.''; and
            (3) adding at the end thereof the following:
    ``(b)(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 Act 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 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 
        Corporation's executive director with the name of one qualified 
        person to serve as ombudsman for athletes.
            ``(ii) The Corporation's executive director shall 
        immediately transmit the name of such person to the 
        Corporation's executive committee.
            ``(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.
    ``(B) The Corporation 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 to the 
        Corporation's executive committee by either the Corporation's 
        executive director or by the Athletes' Advisory Council; and
            ``(iii) the Corporation's executive committee fully 
        considers the advice and counsel of the Athletes' Advisory 
        Council prior to deciding whether or not to terminate the 
        employment of such individual.''.

SEC. 11. COMPLETE TEAMS.

    Title I (36 U.S.C. 371 et seq.) is amended by adding at the end 
thereof the following:
    ``Sec. 115. In obtaining representation for the United States in 
each competition and event of the Olympic Games, Paralympic Games, and 
Pan-American Games, the Corporation, either directly or by delegation 
to the appropriate national governing body or paralympic sports 
organization, may select, but is not obligated to select (even if not 
selecting will result in an incomplete team for an event), athletes who 
have not met the eligibility standard of at least one of the national 
governing body, the Corporation, the International Olympic Committee, 
or the appropriate international sports federation, when the number of 
athletes who have met the eligibility standard of at least one of such 
entities is insufficient to fill the roster for an event.''.

SEC. 12. RECOGNITION OF AMATEUR SPORTS ORGANIZATIONS.

    (a) Section 201(a) (36 U.S.C. 391(a)) is amended by--
            (1) striking the first sentence and inserting the 
        following: ``For any sport which is included on the program of 
        the Olympic Games, the Paralympic Games, or the Pan-American 
        Games, the Corporation is authorized to recognize as a national 
        governing body (in the case of a sport on the program of the 
        Olympic Games or Pan-American Games) or as a paralympic sports 
        organization (in the case of a sport on the program of the 
        Paralympic Games for which a national governing body has not 
        been designated under subsection (e)) an amateur sports 
        organization which files an application and is eligible for 
        such recognition in accordance with the provisions of 
        subsections (b) or (e) of this section.'';
            (2) striking ``approved.'' and inserting ``approved, except 
        as provided in subsection (e) with respect to a paralympic 
        sports organization.'';
            (3) striking ``hold a hearing'' and inserting in lieu 
        thereof ``hold at least 2 hearings''; and
            (4) adding at the end thereof the following: ``In addition, 
        the Corporation shall send written notice, which shall include 
        a copy of the application, at least 30 days prior to the date 
        of the hearing to all amateur sports organizations known to the 
        Corporation in that sport.''.
    (b) Section 201(b) (36 U.S.C. 391(b)) is amended by--
            (1) striking paragraph (3) and inserting the following:
            ``(3) agrees to submit, upon demand of the Corporation, to 
        binding arbitration in any controversy involving its 
        recognition as a national governing body, as provided for in 
        section 205, and upon demand of the Corporation or any 
        aggrieved amateur athlete, coach, trainer, manager, 
        administrator or official, to binding arbitration in any 
        controversy involving the opportunity of such amateur athlete, 
        coach, trainer, manager, administrator or official to 
        participate in amateur athletic competition, conducted in 
        accordance with the Commercial Rules of the American 
        Arbitration Association, as modified and provided for in the 
        Corporation's constitution and bylaws, provided that if the 
        Athletes' Advisory Council and National Governing Bodies' 
        Council do not concur on any modifications to such Rules, and 
        if the Corporation's executive committee 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;'';
            (2) striking paragraph (8) and inserting the following:
            ``(8) 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;''; and
            (3) inserting ``or to participation in the Olympic Games, 
        the Paralympic Games, or the Pan-American Games'' after 
        ``amateur status'' in paragraph (12).
    (c) Section 201 (36 U.S.C. 391) is amended by adding at the end 
thereof the following:
    ``(e) 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 Act, 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 the Act; and
            ``(2) may, with the approval of the Corporation, govern 
        more than one sport included on the program of the Paralympic 
        Games.''.

SEC. 13. DUTIES OF NATIONAL GOVERNING BODIES.

    (a) Section 202(a) (36 U.S.C. 392(a)) is amended by--
            (1) striking ``(3) keep'' in paragraph (3) and inserting 
        ``(3)(A) keep'';
            (2) inserting ``and'' after the semicolon in paragraph (3);
            (3) inserting before paragraph (4) the following:
            ``(B) disseminate and distribute to amateur athletes, 
        coaches, trainers, managers, administrators and officials in a 
        timely manner the applicable rules and any changes to such 
        rules of the national governing body, the Corporation, the 
        appropriate international sports federation, the International 
        Olympic Committee, the International Paralympic Committee, and 
        the Pan-American Sports Organization;''; and
            (4) striking ``handicapped'' each place it appears in 
        paragraph (7) and inserting ``disabled''.

SEC. 14. AUTHORITY OF NATIONAL GOVERNING BODIES.

    Section 203 (36 U.S.C. 393) is amended by--
            (1) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' in paragraph (6); and
            (2) inserting a comma and ``the Paralympic Games,'' after 
        ``Olympic Games'' in paragraph (7).

SEC. 15. REPLACEMENT OF NATIONAL GOVERNING BODY.

    (a) Section 205(a)(3)(C)(i) (36 U.S.C. 395(a)(3)(C)(i)) is amended 
by inserting ``and notify such national governing body of such 
probation and of the actions needed to comply with such requirements,'' 
before ``or''.
    (b) Section 205(b) (36 U.S.C. 395(b)) is amended by--
            (1) striking ``Olympic Games or in both'' in paragraph (1) 
        and inserting ``Olympic Games or the Paralympic Games, or in 
        both'';
            (2) striking ``registered'' in paragraph (2) and inserting 
        ``certified''; and
            (3) inserting ``and with any other organization that has 
        filed an application'' in paragraph (2) after ``applicable 
        national governing body''; and
            (4) inserting ``open to the public'' in paragraph (3) after 
        ``formal hearing'' in the first sentence; and
            (5) inserting after the second sentence in paragraph (3) 
        the following: ``In addition, the Corporation shall send 
        written notice, which shall include a copy of the application, 
        at least 30 days prior to the date of the hearing to all 
        amateur sports organizations known to the Corporation in that 
        sport.''.

SEC. 16. SPECIAL REPORT TO CONGRESS.

    Five years from the date of the enactment of this Act, the United 
States Olympic Committee shall submit a special report to the Congress 
on the effectiveness of the provisions of this Act, together with any 
additional proposed changes to the Olympic and Amateur Sports Act the 
United States Olympic Committee determines are appropriate.
```