[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Senate]
[Pages S5448-S5451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS (for himself and Mr. Campbell):
  S. 2119. 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; to the Committee on Commerce, Science, and Transportation.


           olympic and amateur sports act amendments of 1998

  Mr. STEVENS. Mr. President, I am pleased to introduce the Olympic and 
Amateur Sports Act Amendments of 1998, a bill to update the federal 
charter of the U.S. Olympic Committee and the framework for Olympic and 
amateur sports in the United States. Senator Campbell joins me as an 
original cosponsor.
  This framework is commonly known as the ``Amateur Sports Act,'' 
because most of its provisions were added by the Amateur Sports Act of 
1978 (P.L. 95-606). The Act gives the U.S. Olympic Committee certain 
trademark protections to raise money--and does not provide recurring 
appropriations--so therefore does not come up for routine 
reauthorization.
  The Amateur Sports Act has not been amended since the comprehensive 
revision of 1978--a revision which provided the foundation for the 
modern Olympic movement in the United States.
  Key components of the 1978 Act included--
  (1) measures to expand the authority of the U.S. Olympic Committee to 
allow it to better serve as the coordinating body for amateur sports;
  (2) criteria for the selection of national governing bodies, and 
mechanisms to allow NGBs to be replaced if they are doing a poor job;
  (3) and perhaps most importantly--comprehensive measures to protect 
the right of athletes to compete.
  The 1978 Act was based on recommendations of President Ford's 
Commission on Olympic Sports, which had worked from 1975 until 1977 to 
determine how to correct factional disputes between sports 
organizations which were depriving many athletes of the opportunity to 
compete.
  I served on the Commission, along with Senators Culver and Stone. 
When the Commission's report was delivered to Congress, Chairman Warren 
Magnuson asked me to head up the Commerce Committee's review. In 
addition to numerous working sessions, we spent two full days of 
Commerce Committee hearings on October 18 and October 19, 1977 
discussing the report and the bill implementing it.
  Our bill was enacted into law on November 8, 1978. It was a 
tremendous achievement, which had the consensus support of all entities 
involved--a rarity even then. It is a resilient statute which, to the 
credit of all involved, served its purposes for 15 years before showing 
signs of needing a tune-up.
  Based on the review we've just completed, I can say that the Act is 
still fundamentally sound and that it will serve the United States 
admirably into the 21st century. However, the significant changes which 
have occurred in the world of Olympic and amateur sports since 1978 
warrant some fine-tuning of the Act.
  Some of the developments of the past 20 years include:
  (1) that the schedule for the Olympics and Winter Olympics has been 
alternated so that games are held every two years, instead of every 
four--significantly increasing the workload of the U.S. Olympic 
Committee;
  (2) that sports have begun to allow professional athletes to compete 
in some Olympic events;
  (3) that even sports still considered ``amateur'' have athletes with 
greater financial opportunities and professional responsibilities than 
we ever considered in 1978; and
  (4) that the Paralympics--the Olympics for disabled amateur 
athletes--have grown significantly in size and prestige.
  These and other changes led me to call for a comprehensive review of 
the Amateur Sports Act in 1994. The Commerce Committee has held three 
hearings since then.
  At the first and second--on August 11, 1994 and October 18, 1995--
witnesses identified where the Amateur Sports Act was showing signs of 
strain. We postponed our work until after the 1996 Summer Olympics in 
Atlanta, but on April 21, 1997, held a third hearing at the Olympic 
Training Center in Colorado Springs to discuss solutions to the 
problems which had been identified.
  By January, 1998, we'd refined the proposals into possible amendments 
to the Amateur Sports Act, which we discussed at length at an informal 
working session on January 26, 1998 in the Commerce Committee hearing 
room.
  The bill that Senator Campbell and I introduce today reflects the 
comments received in January, and excludes proposals for which 
consensus appeared unachievable.
  Some measures in the bill may need further refinement, and if 
necessary, I will ask for unanimous consent to issue a star print on 
June 4, 1998. As with the 1978 Act, I believe we will have broad 
consensus on the bill, and I expect to present the bill to the Commerce 
Committee for its consideration during June.
  I will include a longer summary of the bill for the Record, but will 
briefly explain its primary components:
  (1) the bill would change the title of the underlying law to the 
``Olympic and Amateur Sports Act'' to reflect that more than strictly 
amateurs are involved now, but without lessening the amateur and grass 
roots focus reflected in the title of the 1978 Act;
  (2) the bill would add a number of measures to strengthen the 
provisions which protect athletes' rights to compete;
  (3) it would add measures to improve the ability of the USOC to 
resolve disputes--particularly close the Olympics, Paralympics, or Pan-
American Games--and reduce the legal costs and administrative burdens 
of the USOC;
  (4) it would add measures to fully incorporate the Paralympics into 
the Amateur Sports Act, and update the existing provisions affecting 
disabled athletes;
  (5) it would improve the notification requirements when an NGB has 
been put on probation or is being challenged;
  (6) it would increase the reporting requirements of the USOC and NGB 
with respect to sports opportunities for women, minorities, and 
disabled individuals; and
  (7) it would require the USOC to report back to Congress in five 
years with any additional changes that may be needed to the act.
  Mr. President, I am the only Senator from President Ford's Commission 
still serving--and of the Commerce Committee members involved with the 
1978 Act, only myself and Senators Hollings, Inouye, and Ford remain on 
the Committee.
  It has therefore been very helpful to have Senator Campbell--an 
Olympian himself in 1964--involved in this process. Senator Campbell 
and I are hopeful the rest of the Senate and Congress will appreciate 
the need for the relatively minor improvements we propose today, and 
will help us enact these changes before the end of this Congress.
  I ask unanimous consent that both my summary and the bill be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2119

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

[[Page S5449]]

     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 proceeding 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. 382b), 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 members of the Athletes' 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'';

[[Page S5450]]

       (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.
                                  ____


   Short Summary of Olympic and Amateur Sports Act Amendments of 1998


                              title change

       The bill would amend the title of the federal statute which 
     is the charter of the United States Olympic Committee (USOC) 
     and national framework for amateur sports activities so that 
     it would be called the ``Olympic and Amateur Sports Act'' 
     (section 2(a) of the bill). The title of the bill, itself, is 
     the ``Olympic and Amateur Sports Act Amendments of 1998.''
       The original federal law incorporating the USOC (Public Law 
     81-805) was enacted in 1950 and is presently known only as 
     the ``Act to incorporate the United States Olympic 
     Association.'' In 1964, not long after the USOC name was 
     changed from ``United States Olympic Association'' to 
     ``United States Olympic Committee,'' technical and conforming 
     changes were made to the 1950 Act through Public Law 88-407. 
     In 1978, the 1950 Act was substantially expanded and 
     rewritten into its present form through amendments made by 
     the landmark statute, the ``Amateur Sports Act of 1978.'' 
     Because the amendments made by the 1978 Act so greatly 
     changed and expanded the 1950 Act, the 1950 Act, as amended, 
     is now commonly referred to as the ``Amateur Sports Act,'' 
     though its title was never changed.
       Section 2(a) of the bill would rename this original 1950 
     law, as amended by the 1964 and 1978 changes, as the 
     ``Olympic and Amateur Sports Act.'' The addition of the word 
     ``Olympic'' to the popularly used title ``Amateur Sports 
     Act'' is meant to take into account the participation of 
     professional and quasi-amateur athletes in some of the sports 
     of the Olympic Games and Pan-American Games, but at the same 
     time continue to reflect the unique role the USOC and 
     national governing bodies have in the national framework of 
     truly amateur sports activities. By giving the entire 
     underlying body of law a new title (replacing the simple 
     descriptive title of the original 1950 Act mentioned above), 
     the amendment would leave in place in federal statute the 
     title of the ``Amateur Sports Act of 1978'' for historic 
     reference.


                     protection of athletes rights

       Athletes' Advisory Council/Athlete Membership on USOC 
     Board--Section 5(a) of the bill would amend the Act to 
     require the creation of an Athletes' Advisory Council (AAC), 
     which is currently created as part of the USOC constitution 
     and bylaws and not recognized in the Act. Section 5(a) would 
     also amend the Act to require that at least 20 percent of the 
     membership and voting power of the USOC Board of Directors 
     and other USOC committees and entities be comprised of 
     athletes. This, too, is presently only required under the 
     USOC constitution and bylaws.
       Ombudsman--Section 9(b) of the bill would require the USOC 
     to hire an ombudsman for athletes to provide free advice to 
     athletes about their rights under the Act and under 
     the constitution and bylaws of the USOC and their NGB, and 
     in particular, their rights in any dispute involving an 
     opportunity to compete. The USOC would hire and pay an 
     individual nominated by the AAC to serve as the ombudsman, 
     and could only fire or reduce the pay or administrative 
     expenses of the ombudsman with the consent of the AAC. 
     This restriction is intended to protect the objectivity 
     and autonomy of the ombudsman. The AAC would be expected 
     to consent to the termination of an ombudsman for conduct 
     which would lead to the termination of other USOC 
     employees. The USOC would be required hire another 
     ombudsman nominated by the AAC in the event of a vacancy.
       Arbitration--Section 11(b)(1) of the bill would amend the 
     Act to clarify that NGB's must agree to arbitration using the 
     Commercial rules of the American Arbitration Association in 
     disputes with athletes, but that these rules may be modified 
     by the Corporation, with the consent of the AAC. In addition, 
     section 11(b) would clarify that NGB's must agree to submit 
     to arbitration at the request of an amateur athlete 
     regardless of whether the USOC has demanded such arbitration. 
     It is anticipated that these amendments would precipitate a 
     review of the arbitration rules used for NGB/athlete 
     arbitrations under the Act, and that the USOC, AAC, and NGB 
     Council would reach agreement with respect to: (1) the relief 
     available under arbitration; (2) the point during a dispute 
     at which an athlete may obtain arbitration; and (3) the 
     standard of review to be used by arbitration panels.
       Due Process/Fairness--Section 11(b)(2) of the bill would 
     amend the Act to clarify that the hearing required under the 
     Act before an NGB can declare an athlete ineligible to 
     participate must comport with basic concepts of fairness, due 
     process, and the presumption of innocence.
       Athlete Membership on NGB Boards--Section 11(b)(3) of the 
     bill would amend the Act to allow NGBs individually to 
     establish the criteria and selection procedures for ``active 
     athletes'' in satisfying the existing statutory requirement 
     that 20 percent of NGB governing boards be comprised of 
     amateur athletes. However, the bill would require that both 
     the AAC and USOC approve the criteria and selection process 
     used by an NGB. In addition, the bill would change the Act to 
     require that only 20 percent of the voting power, rather than 
     20 percent of the voting power and membership, be held by 
     amateur athletes. These amendments are intended to provide 
     flexibility so that the different characteristics of NGB 
     boards and athletes in various sports can be taken into 
     account. The amendments would allow the amateur athlete 
     membership of some NGB boards to dip below 20 percent, but it 
     is expected that this would occur only where the 
     characteristics of the sport or of the governing board make 
     it very difficult to meet a 20 percent membership standard. 
     Under no circumstances would the voting power of amateur 
     athletes on the board of an NGB be allowed to be below 20 
     percent. It is anticipated that further clarification may be 
     needed as to whether the 20 percent threshold will provide 
     adequate athlete voting power on existing NGBs which become 
     the NGB for a sport on the program of the Paralympic Games.
       Distribution of Information--Section 12(a) of the bill 
     would make it a specific duty of NGBs to disseminate and 
     distribute in a timely manner to athletes, coaches and others 
     in the sport the rules--and any changes to the rules--of the 
     NGB, the USOC, the appropriate international 
     sports federation,

[[Page S5451]]

     the International Olympic Committee, the International 
     Paralympic Committee (as appropriate), and the Pan-
     American Sports Organization.


                             usoc authority

       Jurisdiction--Section 4(e) of the bill would amend the Act 
     so that the USOC could be sued only in federal court for 
     issues pertaining solely to the Act. This amendment is not 
     intended to affect the existing law with respect to private 
     actions.
       Trademark Protection--Section 6 of the bill would provide 
     the USOC with the same trademark protection for the 
     Paralympic Games, Pan-American Games and symbols and words 
     associated with those games as it presently has for the 
     Olympics. It would also give the USOC the exclusive power to 
     authorize the use of these names and symbols in order to 
     raise funds to carry out the Act.
       Service of Process--Section 7 of the bill would require the 
     USOC have a designated agent in the State of Colorado to 
     receive service of process, rather than an agent in every 
     state. Requiring an agent in only one location is consistent 
     with the service requirements of many other patriotic 
     societies which are catalogued in title 36 of the United 
     States Code. As with these other entities, notice to or 
     service on the agent--or mailed to the business address of 
     the agent--would be considered notice to or service on the 
     USOC.
       Report to Congress--Section 8 of the bill would require the 
     USOC to submit a formal report to Congress only once every 
     four years (instead of annually under the present Act) to 
     conform more closely with the four-year budget cycle of the 
     USOC and to reduce administrative burdens. The report would, 
     however, be required to include data on the participation of 
     women, disabled individuals and racial and ethnic minorities, 
     including a description of the steps that have been taken to 
     encourage increased participation by these groups of people 
     in amateur sports.
       Injunction Immunity--Section 9(a) of the bill would prevent 
     a court from granting injunctive relief against the USOC in a 
     dispute involving the participation of an athlete within 30 
     days of the beginning of the Olympics, the Paralympics, or 
     the Pan-American Games if the USOC has stated in writing to 
     the court that its constitution and bylaws cannot provide for 
     the resolution of the dispute before the beginning of the 
     games. The provision is intended to give the USOC the ability 
     to decide who will represent the United States in the rare 
     NGB/athlete dispute which may arise too close to Olympics, 
     Paralympics, or Pan-American Games to be resolved prior to 
     the beginning of those games. It would not take away any 
     other type of relief that may be available, or injunctive 
     relief for disputes which may be resolved under the 
     constitution and bylaws prior to the beginning of the 
     Olympics, Paralympics, or Pan-American Games.
       Complete Teams--Section 10 of the bill would give the USOC 
     the authority to send an incomplete team for a sport if not 
     enough athletes have met the eligibility standards of at 
     least one of: the USOC, the NGB, the IOC, or the national 
     federation for the sport. The USOC could send a complete 
     team in that circumstance, but would not be required to 
     send a complete team. The bill (in section 11(b)(4)) would 
     specify, however, that NGB's cannot have eligibility 
     criteria for participation in the Olympics, Pan-American 
     Games or Paralympics which are more restrictive than the 
     criteria for the international sports federation for their 
     sport.
       Flexibility for Paralympic NGBs--The bill (see summary of 
     the Paralympic provisions below and section 11(c) of the 
     bill) would give the USOC full flexibility to minimize the 
     potential burdens, financial or otherwise, of integrating the 
     Paralympics into the USOC framework.


                       NATIONAL GOVERNING BODIES

       NGB Selection Hearings--Section 11(a)(3) would require that 
     at least two public hearings be held (instead of one) prior 
     to the recognition of a new NGB.
       Written Notice of NGB Hearings--Sections 11(a)(4) and 
     13(b)(3) would require the USOC to send written notice to 
     known amateur sports organizations in the sport at least 30 
     days prior to an NGB selection hearings (including a hearing 
     on an application to replace an existing NGB) and to include 
     a copy of the application in the notice.
       Participation Critera--Section 11(b)(4) of the bill would 
     prohibit NGBs from having eligibility criteria that is more 
     restrictive than its international sports federation for 
     participation in events at the Olympic Games, Paralympic 
     Games, and Pan-American Games. The amendment in part would 
     help provide balance with an amendment (see above) allowing 
     the USOC not to send a complete team under certain 
     circumstances.
       NGB Notification--Section 14(a) of the bill would 
     specifically require the USOC to notify an NGB of the actions 
     the NGB must take to correct violations of the Act if the 
     USOC has placed an NGB on probation after a complaint has 
     been filed.


                              PARALYMPICS

       Recognition of Paralympic Games--The bill would make 
     amendments in a number of places in the Act to provide for 
     the recognition of the Paralympic Games. Under the 
     amendments, the USOC would have same duties as with the 
     Olympic Games to, among other things, ``either directly or 
     [by delegation to NGB]'': select athletes for U.S. teams, 
     represent the United States in relations with the 
     International Paralympic Committee, organize and finance U.S. 
     teams, as well as to provide equitable and fair dispute 
     resolution procedures for disabled athletes. In addition, the 
     USOC would be required: to allow Paralympic sports 
     organizations to join USOC; and to use and protect the 
     trademarks of Paralympics.
       Disabled Amateur Athletes--Section 3(c) of the bill would 
     eliminate references in the bill to ``handicapped 
     individual'' and insert instead the term ``amateur athlete 
     with disabilities.'' The use of the new words would update 
     terminology and, more importantly, make clear that disabled 
     athletes are ``amateur athletes'' under the Act's existing 
     definition, provided that they meet the eligibility standards 
     of their NGB, as required by the existing definition of 
     ``amateur athlete''.
       Paralympic NGBs--Section 11(c) of the bill would make it 
     the first priority of the USOC to merge sports on the program 
     of the Paralympic Games with existing able-bodied NGBs. Where 
     it is not feasible or in the best interest of a Paralympic 
     sport to put it under an able-bodied NGB, the USOC would be 
     allowed to recognize another amateur sports organization as a 
     new NGB for the Paralympic sport, except that the USOC would 
     be allowed to waive the requirements, duties, and powers of 
     the NGB as necessary to meet the objects and purposes of the 
     Act. In addition, a Paralympic NGB could govern more than one 
     sport on the program of the Paralympic Games with the 
     approval of the USOC. By giving the USOC the authority to 
     waive normal NGB requirements, the bill is intended to allow 
     a smooth transition as Paralympic sports become integrated 
     under the USOC umbrella, and to allow the USOC to prevent any 
     severe financial impacts on existing NGBs. The provisions in 
     the bill are largely consistent with the general direction 
     the USOC has taken already with respect to Paralympics.
       World Games for the Deaf--It has been suggested that both 
     the bill and the Committee report which eventually 
     accompanies the bill include language in support of the World 
     Games for Deaf and of deaf athletes. It is anticipated that 
     this issue will be addressed by consensus before the bill 
     becomes enacted.


                         Restricted Competition

       The bill does not amend section 206 of the Act, which 
     addresses the jurisdiction of amateur sports organizations 
     over competitions restricted to certain classes of athletes 
     (such as high school students, college students, etc.). A 
     number of concerns were raised and discussed during the 
     Commerce Committee hearings about section 206, and it has 
     been suggested that the Committee report which eventually 
     accompanies the bill should discuss these concerns.


                       Special Report to Congress

       Section 15 of the bill would require the USOC to report to 
     Congress after five years on the effectiveness of the new 
     provisions added to the Act by the bill, as well as any 
     additional suggested changes to the Act that the USOC 
     believes are needed. The report would provide an occasion for 
     Congress to review the implementation of the amendments and 
     any modifications proposed by the USOC.
                                 ______