Calendar No. 567

105TH CONGRESS

2D SESSION S. 2119

[Report No. 105–325]

A BILL

To amend the Amateur Sports Act to strengthen

for other purposes.mittee’s ability to resolve certain disputes, anddisabled sports, improve the U.S. Olympic Compete, recognize the Paralympics and growth ofprovisions protecting the right of athletes to comSEPTEMBER 10, 1998

Reported with an amendment in the nature of a

substitute
II

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.

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

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

3 Amateur Sports Act Amendments of 1998’’.

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

5 OF ACT.

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

7 United States Olympic Association’’, approved September

8 21, 1950 (36 U.S.C. 371 et seq.), as amended, shall be

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

10 (b) Except as otherwise expressly provided, whenever

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

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a

14 section or other provision of the Olympic and Amateur

15 Sports Act (36 U.S.C. 371 et seq.), as renamed by sub16 section (a).

17 SEC. 3. OBJECTS AND PURPOSES.

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

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

20 Games’’ in both places it appears.

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

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

23 Games’’.

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

25 to read as follows:
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1 ‘‘(13) encourage and provide assistance to ama2 teur athletic programs and competition for amateur

3 athletes with disabilities, including, where feasible,

4 the expansion of opportunities for meaningful par5 ticipation by such amateur athletes in programs of

6 athletic competition for able-bodied amateur ath7 letes; and’’.

8 SEC. 4. POWERS OF CORPORATION.

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

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

11 national Paralympic committee in relations with the Inter12 national Paralympic Committee’’.

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

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

15 ‘‘Olympic Games’’.

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

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

18 ‘‘Olympic Games’’.

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

20 amended by striking ‘‘Pan-American world championship

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

22 Games, the Pan-American Games, world championship

23 competition’’.

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

25 amended by inserting after ‘‘sued’’ a comma and the fol-
4

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1 lowing, ‘‘except that the Corporation may be sued only in

2 federal court for matters pertaining solely to this Act’’.

3 SEC. 5. MEMBERSHIP; REPRESENTATION.

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

5 amended to read as follows:

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

7 in amateur athletic competition or who have rep8 resented the United States in international amateur

9 athletic competition within the preceding 10 years,

10 including through provisions which—

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

12 Advisory Council composed of, and elected by,

13 such amateur athletes to ensure communication

14 between the Corporation and such amateur ath15 letes; and

16 ‘‘(B) ensure that the membership and vot17 ing power held by such amateur athletes is not

18 less than 20 percent of the membership and

19 voting power held in the board of directors of

20 the Corporation and in the committees and en21 tities of the Corporation;’’.

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

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

24 ‘‘Olympic Games’’.
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1 SEC. 6. USE OF OLYMPIC, PARALYMPIC, AND PAN-AMER2 ICAN SYMBOLS.

3 (a) Section 110(a) (36 U.S.C. 380(a)) is amended—

4 (1) in paragraph (1) by inserting before the

5 semicolon, ‘‘, the symbol of the International

6 Paralympic Committee, consisting of three

7 TaiGeuks, or the symbol of the Pan-American

8 Sports Organization, consisting of a torch sur9 rounded by concentric rings’’;

10 (2) in paragraph (3) by inserting ‘‘, the Inter11 national Paralympic Committee, the Pan-American

12 Sports Organization,’’ after ‘‘International Olympic

13 Committee’’; and

14 (3) in paragraph (4)—

15 (A) by inserting ‘‘ ‘Paralympic’,

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

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

18 combination’’; and

19 (B) by inserting ‘‘, Paralympic, or Pan20 American Games’’ after ‘‘any Olympic’’.

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

22 (1) by inserting ‘‘, International Paralympic

23 Committee, Pan-American Sports Organization,’’

24 after ‘‘International Olympic Committee’’; and

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

26 Pan-American team’’.
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1 (c) Section 110(c) (36 U.S.C. 380(c)) is amended—

2 (1) by striking ‘‘symbol’’ and inserting ‘‘sym3 bols’’; and

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

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

6 SEC. 7. AGENT FOR SERVICE OF PROCESS.

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

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

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

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

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

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

13 on the corporation.’’.

14 SEC. 8. REPORTS.

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

16 follows:

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

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

19 transmit simultaneously to the President and to each

20 House of Congress a detailed report of its operations for

21 the preceding four years, including a full and complete

22 statement of its receipts and expenditures and a com23 prehensive description of the activities and accomplish24 ments of the Corporation during such four year period.

25 The report shall contain data concerning the participation
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1 of women, disabled individuals, and racial and ethnic mi2 norities in the amateur athletic activities and administra3 tion of the Corporation and national governing bodies, and

4 a description of the steps taken to encourage the participa5 tion of women, disabled individuals, and racial minorities

6 in amateur athletic activities. Copies of the report shall

7 be made available by the Corporation to interested persons

8 at a reasonable cost.’’.

9 SEC. 9. RESOLUTION OF DISPUTES.

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

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

12 (2) by inserting ‘‘the Paralympic Games,’’ be13 fore ‘‘Pan-American Games’’; and

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

15 any lawsuit relating to the resolution of a dispute in16 volving the opportunity of an amateur athlete to

17 participate in the Olympic Games, the Paralympic

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

19 not grant injunctive relief against the Corporation

20 within 30 days before the beginning of such games

21 if the Corporation has stated in writing to such

22 court that its constitution and bylaws cannot provide

23 for the resolution of such dispute prior to the begin24 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.’’.
9

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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-
12

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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
13

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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.

23 SECTION 1. SHORT TITLE.

24 This Act may be referred to as the ‘‘Olympic and Ama25 teur Sports Act Amendments of 1998’’.
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1 SEC. 2. OLYMPIC AND AMATEUR SPORTS ACT; AMENDMENT

2 OF ACT.

3 (a) SHORT TITLE FOR 1950 ACT.—The Act entitled

4 ‘‘An Act to incorporate the United States Olympic Associa5 tion’’, approved September 21, 1950 (36 U.S.C. 371 et seq.)

6 is amended by inserting before title I the following:

7 ‘‘SECTION 1. SHORT TITLE.

8 ‘‘This Act may be cited as the ‘Olympic and Amateur

9 Sports Act’.’’.

10 (b) AMENDMENT OF 1950 ACT.—Except as otherwise

11 expressly provided, whenever in this Act an amendment or

12 repeal is expressed in terms of an amendment to, or repeal

13 of, a section or other provision, the reference shall be consid14 ered to be made to a section or other provision of the Olym15 pic and Amateur Sports Act (36 U.S.C. 371 et seq.).

16 SEC. 3. DEFINITIONS.

17 Section 103 (36 U.S.C. 373) is amended by—

18 (1) inserting ‘‘or paralympic sports organiza19 tion’’ after ‘‘national governing body’’ in paragraph

20 (1);

21 (2) striking ‘‘and’’ after the semicolon in para22 graph (6);

23 (3) redesignating paragraph (7) as paragraph

24 (8); and

25 (4) inserting after paragraph (6) the following:
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1 ‘‘(7) ‘paralympic sports organization’ means an

2 amateur sports organization which is recognized by

3 the Corporation in accordance with section 201(e) of

4 this Act; and’’.

5 SEC. 4. OBJECTS AND PURPOSES.

6 Section 104 (36 U.S.C. 374) is amended by—

7 (1) inserting a comma and ‘‘the Paralympic

8 Games,’’ after ‘‘Olympic Games’’ each place it ap9 pears in paragraph (3);

10 (2) inserting a comma and ‘‘the Paralympic

11 Games,’’ after ‘‘Olympic Games’’ in paragraph (4);

12 and

13 (3) striking paragraph (13) and inserting the

14 following:

15 ‘‘(13) encourage and provide assistance to ama16 teur athletic programs and competition for amateur

17 athletes with disabilities, including, where feasible,

18 the expansion of opportunities for meaningful partici19 pation by such amateur athletes in programs of ath20 letic competition for able-bodied amateur athletes;

21 and’’.

22 SEC. 5. POWERS OF CORPORATION.

23 Section 105(a) (36 U.S.C. 375(a)) is amended by—

24 (1) striking ‘‘Organization;’’ in paragraph (2)

25 and inserting ‘‘Organization and as its national
17

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1 Paralympic committee in relations with the Inter2 national Paralympic Committee;’’;

3 (2) inserting a comma and ‘‘the Paralympic

4 Games,’’ after ‘‘Olympic Games’’ in paragraph (3);

5 (3) striking ‘‘Games;’’ in paragraph (4) and in6 serting ‘‘Games, or as paralympic sports organiza7 tions for any sport that is included on the program

8 of the Paralympic Games;’’;

9 (4) striking ‘‘Pan-American world championship

10 competition,’’ in paragraph (5) and inserting

11 ‘‘Paralympic Games, the Pan-American Games, world

12 championship competition,’’; and

13 (5) striking ‘‘sued; ’’ in paragraph (6) and in14 serting ‘‘sued, except that any civil action brought in

15 a State court against the Corporation shall be re16 moved, at the request of the Corporation, to the dis17 trict court of the United States in the district in

18 which the action was brought, and such district court

19 shall have original jurisdiction over the action with20 out regard to the amount in controversy or citizen21 ship of the parties involved, and except that neither

22 this paragraph nor any other provision of this Act

23 shall create a private right of action under this Act;’’.
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1 SEC. 6. MEMBERSHIP; REPRESENTATION.

2 (a) Section 106(b)(1) (36 U.S.C. 376(b)(1)) is amend3 ed to read as follows:

4 ‘‘(1) amateur sports organizations recognized as

5 national governing bodies and paralympic sports or6 ganizations in accordance with section 201 of this

7 Act, including through provisions which establish and

8 maintain a National Governing Bodies’ Council com9 posed of representatives of the national governing bod10 ies and any paralympic sports organizations and se11 lected by their boards of directors or such other gov12 erning boards to ensure effective communication be13 tween the Corporation and such national governing

14 bodies and paralympic sports organizations;’’.

15 (b) Section 106(b) (36 U.S.C. 376(b)) is amended by—

16 (1) striking paragraph (2) and inserting the fol17 lowing:

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

19 in amateur athletic competition or who have rep20 resented the United States in international amateur

21 athletic competition within the preceding 10 years,

22 including through provisions which—

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

24 Advisory Council composed of, and elected by,

25 such amateur athletes to ensure communication
19

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1 between the Corporation and such amateur ath2 letes; and

3 ‘‘(B) ensure that the membership and voting

4 power held by such amateur athletes is not less

5 than 20 percent of the membership and voting

6 power held in the board of directors of the Cor7 poration and in the committees and entities of

8 the Corporation;’’; and

9 (2) inserting a comma and ‘‘the Paralympic

10 Games,’’ after ‘‘Olympic Games’’ in paragraph (3).

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

12 SYMBOLS.

13 Section 110 (36 U.S.C. 380) is amended by—

14 (1) striking ‘‘rings;’’ in subsection (a)(1) and in15 serting ‘‘rings, the symbol of the International

16 Paralympic Committee, consisting of three TaiGeuks,

17 or the symbol of the Pan-American Sports Organiza18 tion, consisting of a torch surrounded by concentric

19 rings’’;

20 (2) inserting a comma and ‘‘the International

21 Paralympic Committee, the Pan-American Sports Or22 ganization,’’ after ‘‘International Olympic Commit23 tee’’ in subsection (a)(3);
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1 (3) inserting ‘‘except as permitted in this sub2 section and subsection (c),’’ before ‘‘the words’’ in sub3 section (a)(4);

4 (4) inserting ‘‘ ‘Paralympic’, ‘Paralympiad’,

5 ‘Pan-American’, ‘America Espirito Sport

6 Fraternite,’ ’’ before ‘‘or any combination’’ in sub7 section (a)(4);

8 (5) inserting a comma and ‘‘Paralympic, or

9 Pan-American Games’’ after ‘‘any Olympic’’ in sub10 section (a)(4);

11 (6) by inserting after ‘‘services.’’ in subsection

12 (a) the following: ‘‘Use of the word ‘Olympic’ to iden13 tify a business or goods or services is not prohibited

14 by this section where it is evident from the cir15 cumstances that the use of the word ‘Olympic’ refers

16 to the geographical features or a region of the same

17 name, and not a connection with the Corporation or

18 any Olympic activity.’’;

19 (7) inserting a comma and ‘‘International

20 Paralympic Committee, Pan-American Sports Orga21 nization,’’ after ‘‘International Olympic Committee’’

22 in subsection (b);

23 (8) inserting a comma and ‘‘Paralympic,’’ before

24 ‘‘or Pan-American team’’ in subsection (b);
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1 (9) by striking ‘‘symbol’’ in subsection (c) and

2 inserting ‘‘symbols’’;

3 (10) by inserting a comma and ‘‘ ‘Paralympic’,

4 ‘Paralympiad’, ‘Pan-American’,’’ in subsection (c) be5 fore ‘‘or any combination’’; and

6 (11) by inserting ‘‘and rights of geographical ref7 erence’’ in subsection (c) after ‘‘preexisting rights’’.

8 SEC. 8. AGENT FOR SERVICE OF PROCESS.

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

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

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

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

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

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

15 on the corporation.’’.

16 SEC. 9. REPORTS.

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

18 follows:

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

20 day of June, 2001, and every fourth year thereafter, trans21 mit simultaneously to the President and to each House of

22 Congress a detailed report of its operations for the preceding

23 four years, including a full and complete statement of its

24 receipts and expenditures and a comprehensive description

25 of the activities and accomplishments of the Corporation
22

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1 during such four year period. The report shall contain data

2 concerning the participation of women, disabled individ3 uals, and racial and ethnic minorities in the amateur ath4 letic activities and administration of the Corporation and

5 national governing bodies, and a description of the steps

6 taken to encourage the participation of women, disabled in7 dividuals, and racial minorities in amateur athletic activi8 ties. Copies of the report shall be made available by the Cor9 poration to interested persons at a reasonable cost.’’.

10 SEC. 10. RESOLUTION OF DISPUTES.

11 Section 114 (36 U.S.C. 382b) is amended by—

12 (1) inserting ‘‘(a)’’ before ‘‘In its constitution’’;

13 (2) inserting ‘‘the Paralympic Games,’’ before

14 ‘‘Pan-American Games’’;

15 (3) inserting after ‘‘bylaws.’’ the following: ‘‘In

16 any lawsuit relating to the resolution of a dispute in17 volving the opportunity of an amateur athlete to par18 ticipate in the Olympic Games, the Paralympic

19 Games, or the Pan-American Games, a court shall not

20 grant injunctive relief against the Corporation within

21 21 days before the beginning of such games if the Cor22 poration, after consultation with the chair of the Ath23 letes’ Advisory Council, has provided a sworn state24 ment in writing executed by an officer of the Corpora25 tion to such court that its constitution and bylaws
23

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1 cannot provide for the resolution of such dispute prior

2 to the beginning of such games.’’; and

3 (3) adding at the end thereof the following:

4 ‘‘(b)(1) The Corporation shall hire and provide salary,

5 benefits, and administrative expenses for an ombudsman for

6 athletes, who shall—

7 ‘‘(A) provide independent advice to athletes at no

8 cost about the applicable provisions of this Act and

9 the constitution and bylaws of the Corporation, na10 tional governing bodies, a paralympic sports organi11 zations, international sports federations, the Inter12 national Olympic Committee, the International

13 Paralympic Committee, and the Pan- American

14 Sports Organization, and with respect to the resolu15 tion of any dispute involving the opportunity of an

16 amateur athlete to participate in the Olympic Games,

17 the Paralympic Games, the Pan-American Games,

18 world championship competition or other protected

19 competition as defined in the constitution and bylaws

20 of the Corporation;

21 ‘‘(B) assist in mediating any such disputes; and

22 ‘‘(C) report to the Athletes’ Advisory Council on

23 a regular basis.

24 ‘‘(2)(A) The procedure for hiring the ombudsman for

25 athletes shall be as follows:
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1 ‘‘(i) The Athletes’ Advisory Council shall provide

2 the Corporation’s executive director with the name of

3 one qualified person to serve as ombudsman for ath4 letes.

5 ‘‘(ii) The Corporation’s executive director shall

6 immediately transmit the name of such person to the

7 Corporation’s executive committee.

8 ‘‘(iii) The Corporation’s executive committee

9 shall hire or not hire such person after fully consider10 ing the advice and counsel of the Athletes’ Advisory

11 Council.

12 If there is a vacancy in the position of the ombudsman for

13 athletes, the nomination and hiring procedure set forth in

14 this paragraph shall be followed in a timely manner.

15 ‘‘(B) The Corporation may terminate the employment

16 of an individual serving as ombudsman for athletes only

17 if—

18 ‘‘(i) the termination is carried out in accordance

19 with the applicable policies and procedures of the

20 Corporation;

21 ‘‘(ii) the termination is initially recommended to

22 the Corporation’s executive committee by either the

23 Corporation’s executive director or by the Athletes’

24 Advisory Council; and
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1 ‘‘(iii) the Corporation’s executive committee fully

2 considers the advice and counsel of the Athletes’ Advi3 sory Council prior to deciding whether or not to ter4 minate the employment of such individual.’’.

5 SEC. 11. COMPLETE TEAMS.

6 Title I (36 U.S.C. 371 et seq.) is amended by adding

7 at the end thereof the following:

8 ‘‘SEC. 115. In obtaining representation for the United

9 States in each competition and event of the Olympic Games,

10 Paralympic Games, and Pan-American Games, the Cor11 poration, either directly or by delegation to the appropriate

12 national governing body or paralympic sports organiza13 tion, may select, but is not obligated to select (even if not

14 selecting will result in an incomplete team for an event),

15 athletes who have not met the eligibility standard of at least

16 one of the national governing body, the Corporation, the

17 International Olympic Committee, or the appropriate

18 international sports federation, when the number of athletes

19 who have met the eligibility standard of at least one of such

20 entities is insufficient to fill the roster for an event.’’.

21 SEC. 12. RECOGNITION OF AMATEUR SPORTS ORGANIZA22 TIONS.

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

24 by—
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1 (1) striking the first sentence and inserting the

2 following: ‘‘For any sport which is included on the

3 program of the Olympic Games, the Paralympic

4 Games, or the Pan-American Games, the Corporation

5 is authorized to recognize as a national governing

6 body (in the case of a sport on the program of the

7 Olympic Games or Pan-American Games) or as a

8 paralympic sports organization (in the case of a sport

9 on the program of the Paralympic Games for which

10 a national governing body has not been designated

11 under subsection (e)) an amateur sports organization

12 which files an application and is eligible for such rec13 ognition in accordance with the provisions of sub14 sections (b) or (e) of this section.’’;

15 (2) striking ‘‘approved.’’ and inserting ‘‘ap16 proved, except as provided in subsection (e) with re17 spect to a paralympic sports organization.’’;

18 (3) striking ‘‘hold a hearing’’ and inserting in

19 lieu thereof ‘‘hold at least 2 hearings’’; and

20 (4) adding at the end thereof the following: ‘‘In

21 addition, the Corporation shall send written notice,

22 which shall include a copy of the application, at least

23 30 days prior to the date of the hearing to all ama24 teur sports organizations known to the Corporation in

25 that sport.’’.
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1 (b) Section 201(b) (36 U.S.C. 391(b)) is amended by—

2 (1) striking paragraph (3) and inserting the fol3 lowing:

4 ‘‘(3) agrees to submit, upon demand of the Cor5 poration, to binding arbitration in any controversy

6 involving its recognition as a national governing

7 body, as provided for in section 205, and upon de8 mand of the Corporation or any aggrieved amateur

9 athlete, coach, trainer, manager, administrator or of10 ficial, to binding arbitration in any controversy in11 volving the opportunity of such amateur athlete,

12 coach, trainer, manager, administrator or official to

13 participate in amateur athletic competition, con14 ducted in accordance with the Commercial Rules of

15 the American Arbitration Association, as modified

16 and provided for in the Corporation’s constitution

17 and bylaws, provided that if the Athletes’ Advisory

18 Council and National Governing Bodies’ Council do

19 not concur on any modifications to such Rules, and

20 if the Corporation’s executive committee is not able to

21 facilitate such concurrence, the Commercial Rules of

22 Arbitration shall apply unless at least two-thirds of

23 the Corporation’s board of directors approves modi24 fications to such Rules;’’;
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1 (2) striking paragraph (8) and inserting the fol2 lowing:

3 ‘‘(8) demonstrates, based on guidelines approved

4 by the Corporation, the Athletes’ Advisory Council,

5 and the National Governing Bodies’ Council, that its

6 board of directors and other such governing boards

7 have established criteria and election procedures for

8 and maintain among their voting members individ9 uals who are actively engaged in amateur athletic

10 competition in the sport for which recognition is

11 sought or who have represented the United States in

12 international amateur athletic competition within the

13 preceding 10 years, that any exceptions to such guide14 lines by such organization have been approved by the

15 Corporation, and that the voting power held by such

16 individuals is not less than 20 percent of the voting

17 power held in its board of directors and other such

18 governing boards;’’; and

19 (3) inserting ‘‘or to participation in the Olympic

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

21 Games’’ after ‘‘amateur status’’ in paragraph (12).

22 (c) Section 201 (36 U.S.C. 391) is amended by adding

23 at the end thereof the following:

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

25 of the Paralympic Games, the Corporation is authorized to
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1 designate, where feasible and when such designation would

2 serve the best interest of the sport, and with the approval

3 of the affected national governing body, a national govern4 ing body recognized under subsection (a) to govern such

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

6 serve the best interest of the sport, the Corporation is au7 thorized to recognize another amateur sports organization

8 as a paralympic sports organization to govern such sport,

9 except that, notwithstanding the other requirements of this

10 Act, any such paralympic sports organization—

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

12 perform those duties, and have those powers that the

13 Corporation, in its sole discretion, determines are ap14 propriate to meet the objects and purposes of the Act;

15 and

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

17 govern more than one sport included on the program

18 of the Paralympic Games.’’.

19 SEC. 13. DUTIES OF NATIONAL GOVERNING BODIES.

20 (a) Section 202(a) (36 U.S.C. 392(a)) is amended

21 by—

22 (1) striking ‘‘(3) keep’’ in paragraph (3) and in23 serting ‘‘(3)(A) keep’’;

24 (2) inserting ‘‘and’’ after the semicolon in para25 graph (3);
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1 (3) inserting before paragraph (4) the following:

2 ‘‘(B) disseminate and distribute to amateur ath3 letes, coaches, trainers, managers, administrators and

4 officials in a timely manner the applicable rules and

5 any changes to such rules of the national governing

6 body, the Corporation, the appropriate international

7 sports federation, the International Olympic Commit8 tee, the International Paralympic Committee, and the

9 Pan-American Sports Organization;’’; and

10 (4) striking ‘‘handicapped’’ each place it appears

11 in paragraph (7) and inserting ‘‘disabled’’.

12 SEC. 14. AUTHORITY OF NATIONAL GOVERNING BODIES.

13 Section 203 (36 U.S.C. 393) is amended by—

14 (1) inserting a comma and ‘‘the Paralympic

15 Games,’’ after ‘‘Olympic Games’’ in paragraph (6);

16 and

17 (2) inserting a comma and ‘‘the Paralympic

18 Games,’’ after ‘‘Olympic Games’’ in paragraph (7).

19 SEC. 15. REPLACEMENT OF NATIONAL GOVERNING BODY.

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

21 395(a)(3)(C)(i)) is amended by inserting ‘‘and notify such

22 national governing body of such probation and of the ac23 tions needed to comply with such requirements,’’ before

24 ‘‘or’’.

25 (b) Section 205(b) (36 U.S.C. 395(b)) is amended by—
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1 (1) striking ‘‘Olympic Games or in both’’ in

2 paragraph (1) and inserting ‘‘Olympic Games or the

3 Paralympic Games, or in both’’;

4 (2) striking ‘‘registered’’ in paragraph (2) and

5 inserting ‘‘certified’’; and

6 (3) inserting ‘‘and with any other organization

7 that has filed an application’’ in paragraph (2) after

8 ‘‘applicable national governing body’’; and

9 (4) inserting ‘‘open to the public’’ in paragraph

10 (3) after ‘‘formal hearing’’ in the first sentence; and

11 (5) inserting after the second sentence in para12 graph (3) the following: ‘‘In addition, the Corporation

13 shall send written notice, which shall include a copy

14 of the application, at least 30 days prior to the date

15 of the hearing to all amateur sports organizations

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

17 SEC. 16. SPECIAL REPORT TO CONGRESS.

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

19 the United States Olympic Committee shall submit a spe20 cial report to the Congress on the effectiveness of the provi21 sions of this Act, together with any additional proposed

22 changes to the Olympic and Amateur Sports Act the United

23 States Olympic Committee determines are appropriate.