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







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.

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

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) 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''.
    (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).

SEC. 3. OBJECTS AND PURPOSES.

    (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.
    (b) Section 104(4) (36 U.S.C. 374(4)) is amended by inserting ``, 
the Paralympic Games,'' after ``Olympic Games''.
    (c) Section 104(13) (36 U.S.C. 374(13)) is amended to read as 
follows:
            ``(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. 4. POWERS OF CORPORATION.

    (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''.
    (b) Section 105(a)(3) (36 U.S.C. 375(a)(3)) is amended by inserting 
``, the Paralympic Games'' after ``Olympic Games''.
    (c) Section 105(a)(4) (36 U.S.C. 375(a)(4)) is amended by inserting 
``, the Paralympic Games'' after ``Olympic Games''.
    (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''.
    (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''.

SEC. 5. MEMBERSHIP; REPRESENTATION.

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

SEC. 6. USE OF OLYMPIC, PARALYMPIC, AND PAN-AMERICAN SYMBOLS.

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

SEC. 7. 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. 8. 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. 9. RESOLUTION OF DISPUTES.

    (a) Section 114 (36 U.S.C. 382b) is amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) by inserting ``the Paralympic Games,'' before ``Pan-
        American Games''; and
            (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.''.
    (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:
    ``(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.''.

SEC. 10. COMPLETE TEAMS.

    Title I (36 U.S.C. 371 et seq.) is amended by inserting after 
section 114 the following new section:
    ``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.''.

SEC. 11. RECOGNITION OF AMATEUR SPORTS ORGANIZATIONS.

    (a) Section 201(a) (36 U.S.C. 391(a)) is amended--
            (1) by inserting ``, the Paralympic Games,'' after 
        ``Olympic Games'';
            (2) by inserting before the period at the end of the second 
        sentence ``, except as provided in subsection (e)'';
            (3) by striking ``hold a hearing'' and inserting in lieu 
        thereof ``hold at least two hearings''; and
            (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.''.
    (b) Section 201(b) (36 U.S.C. 391(b)) is amended--
            (1) in paragraph (3)--
                    (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
                    (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'';
            (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'';
            (3) in paragraph (8)--
                    (A) by striking ``includes'' and inserting in lieu 
                thereof ``has established criteria for and maintains'';
                    (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
                    (C) by striking ``membership and'' in both places 
                it appears; and
            (4) in paragraph (12) by inserting ``or to participation in 
        the Olympic Games, the Paralympic Games, or the Pan-American 
        Games'' after ``amateur status''.
    (c) Section 201 (36 U.S.C. 391), as amended, is amended further by 
adding at the end the following new subsection:
    ``(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--
            ``(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
            ``(2) may, with the approval of the Corporation, govern 
        more than one sport included on the program of the Paralympic 
        Games.''.

SEC. 12. DUTIES OF NATIONAL GOVERNING BODIES.

    (a) Section 202(a)(3) (36 U.S.C. 392(a)(3)) is amended--
            (1) by inserting ``(A)'' immediately after ``(3)'';
            (2) by inserting ``and'' after the semicolon; and
            (3) by inserting at the end the following new subparagraph:
            ``(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;''.
    (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''.

SEC. 13. AUTHORITY OF NATIONAL GOVERNING BODIES.

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

SEC. 14. 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--
            (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'';
            (2) in paragraph (2)--
                    (A) by striking ``registered'' and inserting 
                ``certified''; and
                    (B) by inserting ``and with any other organization 
                that has filed an application'' after ``applicable 
                national governing body''; and
            (3) in paragraph (3)--
                    (A) by inserting ``open to the public'' after 
                ``formal hearing'' in the first sentence; and
                    (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.''.

SEC. 15. 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.
                                 <all>