[Congressional Record Volume 144, Number 119 (Thursday, September 10, 1998)]
[Senate]
[Pages S10213-S10215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE OLYMPIC AND AMATEUR SPORTS ACT AMENDMENTS OF 1998

                                 ______
                                 

                       McCAIN AMENDMENT NO. 3563

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill (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; as follows:

       In lieu of the matter proposed to be inserted by the 
     committee amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. AMENDMENT OF TITLE 36, UNITED STATES CODE.

       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 title 36, United States Code.

     SEC. 3. DEFINITIONS.

       Section 220501 is amended by--
       (1) inserting ``or paralympic sports organization'' after 
     ``national governing body'' in paragraph (1);
       (2) redesignating paragraph (7) as paragraph (8); and
       (3) inserting after paragraph (6) the following:
       ``(7) `paralympic sports organization' means an amateur 
     sports organization which is recognized by the corporation 
     under section 220521 of this title.''.

     SEC. 4. PURPOSES.

       Section 220503 is amended by--
       (1) striking ``Olympic Games'' each place it appears in 
     paragraphs (3) and (4) and inserting ``Olympic Games, the 
     Paralympic Games,''; and
       (2) striking paragraph (13) and inserting the following:
       ``(13) to encourage and provide assistance to amateur 
     athletic programs and competition for amateur athletes with 
     disabilities, including, where feasible, the expansion of 
     opportunities for meaningful participation by such amateur 
     athletes in programs of athletic competition for able-bodied 
     amateur athletes; and''.

     SEC. 5. MEMBERSHIP.

       Section 220504(b) is amended by--
       (1) striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) amateur sports organizations recognized as national 
     governing bodies and paralympic sports organizations in 
     accordance with section 220521 of this title, including 
     through provisions which establish and maintain a National 
     Governing Bodies' Council composed of representatives of the 
     national governing bodies and any paralympic sports 
     organizations and selected by their boards of directors or 
     such other governing boards to ensure effective communication 
     between the corporation and such national governing bodies 
     and paralympic sports organizations;
       ``(2) amateur athletes who are actively engaged in amateur 
     athletic competition or who have represented the United 
     States in international amateur athletic competition within 
     the preceding 10 years, including through provisions which--
       ``(A) establish and maintain an Athletes' Advisory Council 
     composed of, and elected by, such amateur athletes to ensure 
     communication between the corporation and such amateur 
     athletes; and
       ``(B) ensure that the membership and voting power held by 
     such amateur athletes is not less than 20 percent of the 
     membership and voting power held in the board of directors of 
     the corporation and in the committees and entities of the 
     corporation;''; and
       (2) inserting a comma and ``the Paralympic Games,'' after 
     ``Olympic Games'' in paragraph (3).

     SEC. 6. POWERS.

       (a) General Corporate Powers.--Section 220505(b)(9) is 
     amended by striking ``sued;

[[Page S10214]]

     and'' and inserting ``sued, except that any civil action 
     brought in a State court against the corporation shall be 
     removed, at the request of the corporation, to the district 
     court of the United States in the district in which the 
     action was brought, and such district court shall have 
     original jurisdiction over the action without regard to the 
     amount in controversy or citizenship of the parties involved, 
     and except that neither this paragraph nor any other 
     provision of this chapter shall create a private right of 
     action under this chapter; and''.
       (b) Powers Related to Amateur Athletics and the Olympic 
     Games.--Section 220505(c) is amended by--
       (1) striking ``Organization;'' in paragraph (2) and 
     inserting ``Organization and as its national Paralympic 
     committee in relations with the International Paralympic 
     Committee;'';
       (2) striking ``Games and of'' in paragraph (3) and 
     inserting ``Games, the Paralympic Games, and'';
       (3) striking ``Games;'' in paragraph (4) and inserting 
     ``Games, or as paralympic sports organizations for any sport 
     that is included on the program of the Paralympic Games;''; 
     and
       (4) striking ``Games,'' in paragraph (5) and inserting 
     ``Games, the Pan-American Games, the Pan-American world 
     championship competition,''.

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

       Section 220506 is amended by--
       (1) striking ``rings;'' in subsection (a)(2) and inserting 
     ``rings, the symbol of the International Paralympic 
     Committee, consisting of 3 TaiGeuks, or the symbol of the 
     Pan-American Sports Organization, consisting of a torch 
     surrounded by concentric rings'';
       (2) inserting `` `Paralympic', `Paralympiad', `Pan-
     American', `America Espirito Sport Fraternite,' '' before 
     ``or any combination'' in subsection (a)(4);
       (3) inserting a comma and ``International Paralympic 
     Committee, the Pan-American Sports Organization,'' after 
     ``International Olympic Committee'' in subsection (b);
       (4) inserting ``the Paralympic team,'' before ``or Pan-
     American team'' in subsection (b);
       (5) inserting a comma and ``Paralympic, or Pan-American 
     Games'' after ``any Olympic'' in subsection (c)(3);
       (6) inserting a comma and ``the International Paralympic 
     Committee, the Pan-American Sports Organization,'' after 
     ``International Olympic Committee'' in subsection (c)(4);
       (7) inserting ``and Geographic Reference'' after ``Pre-
     Existing'' in subsection (d); and
       (8) adding at the end of subsection (d) the following:
       ``(3) Use of the word `Olympic' to identify a business or 
     goods or services is not prohibited by this section where it 
     is evident from the circumstances that the use of the word 
     `Olympic' refers to the geographical features or a region of 
     the same name, and not a connection with the corporation or 
     any Olympic activity.'';

     SEC. 8. RESOLUTION OF DISPUTES.

       Section 220509 is amended by--
       (1) inserting ``(a) General.--'' before ``The 
     corporation'';
       (2) inserting ``the Paralympic Games,'' before ``the Pan-
     American Games'';
       (3) inserting after ``the corporation.'' the following: 
     ``In any lawsuit relating to the resolution of a dispute 
     involving the opportunity of an amateur athlete to 
     participate in the Olympic Games, the Paralympic Games, or 
     the Pan-American Games, a court shall not grant injunctive 
     relief against the corporation within 21 days before the 
     beginning of such games if the corporation, after 
     consultation with the chair of the Athletes' Advisory 
     Council, has provided a sworn statement in writing executed 
     by an officer of the corporation to such court that its 
     constitution and bylaws cannot provide for the resolution of 
     such dispute prior to the beginning of such games.''; and
       (4) adding at the end thereof the following:
       ``(b) Ombudsman.--
       ``(1) The corporation shall hire and provide salary 
     benefits and administrative expenses for an ombudsman for 
     athletes, who shall--
       ``(A) provide independent advice to athletes at no cost 
     about the applicable provisions of this chapter and the 
     constitution and bylaws of the corporation, national 
     governing bodies, paralympic sports organizations, 
     international sports federations, the International Olympic 
     Committee, the International Paralympic Committee, and the 
     Pan-American Sports Organization, and with respect to the 
     resolution of any dispute involving the opportunity of an 
     amateur athlete to participate in the Olympic Games, the 
     Paralympic Games, the Pan-American Games, world championship 
     competition or other protected competition as defined in the 
     constitution and bylaws of the corporation;
       ``(B) assist in mediating any such disputes; and
       ``(C) report to the Athletes' Advisory Council on a regular 
     basis.
       ``(2)(A) The procedure for hiring the ombudsman for 
     athletes shall be as follows:
       ``(i) The Athletes' Advisory Council shall provide the 
     corporation's executive director with the name of one 
     qualified person to serve as ombudsman for athletes.
       ``(ii) The corporation's executive director shall 
     immediately transmit the name of such person to the 
     corporation's executive committee.
       ``(iii) The corporation's executive committee shall hire or 
     not hire such person after fully considering the advice and 
     counsel of the Athletes' Advisory Council.

     If there is a vacancy in the position of the ombudsman for 
     athletes, the nomination and hiring procedure set forth in 
     this paragraph shall be followed in a timely manner.
       ``(B) The corporation may terminate the employment of an 
     individual serving as ombudsman for athletes only if--
       ``(i) the termination is carried out in accordance with the 
     applicable policies and procedures of the corporation;
       ``(ii) the termination is initially recommended to the 
     corporation's executive committee by either the corporation's 
     executive director or by the Athletes' Advisory Council; and
       ``(iii) the corporation's executive committee fully 
     considers the advice and counsel of the Athletes' Advisory 
     Council prior to deciding whether or not to terminate the 
     employment of such individual.''.

     SEC. 9. AGENT FOR SERVICE OF PROCESS.

       The text of section 220510 is amended to read as follows:
       ``As a condition to the exercise of any power or privilege 
     granted by this chapter, the corporation shall 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. 10. REPORT.

       (a) Section 220511(a) is amended to read as follows:
       ``(a) Submission to President and Congress.--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 4 years, including--
       ``(1) a complete statement of its receipts and 
     expenditures;
       ``(2) a comprehensive description of the activities and 
     accomplishments of the corporation during such 4-year period;
       ``(3) 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
       ``(4) a description of the steps taken to encourage the 
     participation of women, disabled individuals, and racial 
     minorities in amateur athletic activities.''.
       (b) The chapter analysis for chapter 2205 is amended by 
     striking the item relating to section 220511 and inserting 
     the following:

``220511. Report.''.

     SEC. 11. COMPLETE TEAMS.

       (a) General.--Subchapter I of chapter 2205 is amended by 
     adding at the end thereof the following:

     ``Sec. 220512. Complete teams

       ``In obtaining representation for the United States in each 
     competition and event of the Olympic Games, Paralympic Games, 
     and Pan-American Games, the corporation, either directly or 
     by delegation to the appropriate national governing body or 
     paralympic sports organization, may select, but is not 
     obligated to select (even if not selecting will result in an 
     incomplete team for an event), athletes who have not met the 
     eligibility standard of at least one of the national 
     governing body, the corporation, the International Olympic 
     Committee, or the appropriate international sports 
     federation, when the number of athletes who have met the 
     eligibility standard of at least one of such entities is 
     insufficient to fill the roster for an event.''.
       (b) The chapter analysis for chapter 2205 is amended by 
     inserting after the item relating to section 220511 the 
     following:

``220512. Complete teams.''.

       Section 220521 is amended by--
       (1) striking the first sentence of subsection (a) and 
     inserting the following: ``For any sport which is included on 
     the program of the Olympic Games, the Paralympic Games, or 
     the Pan-American Games, the corporation is authorized to 
     recognize as a national governing body (in the case of a 
     sport on the program of the Olympic Games or Pan-American 
     Games) or as a paralympic sports organization (in the case of 
     a sport on the program of the Paralympic Games for which a 
     national governing body has not been designated under 
     subsection (e)) an amateur sports organization which files an 
     application and is eligible for such recognition in 
     accordance with the provisions of subsections (b) or (e) of 
     this section.'';
       (2) striking ``approved.'' in subsection (a) and inserting 
     ``approved, except as provided in subsection (e) with respect 
     to a paralympic sports organization.'';
       (3) striking ``hold a public hearing'' in subsection (b) 
     and inserting ``hold at least 2 public hearings'';
       (4) striking ``hearing.'' each place it appears in 
     subsection (b) and inserting ``hearings.''; and
       (5) adding at the end of subsection (b) and following: 
     ``The corporation shall send written notice, which shall 
     include a copy of the application, at least 30 days prior to 
     the date of any such public hearing to all amateur sports 
     organizations known to the corporation in that sport.''.

     SEC. 13. ELIGIBILITY REQUIREMENTS.

       Section 220522 is amended by--
       (1) inserting ``(a) General.--'' before ``An amateur'';

[[Page S10215]]

       (2) striking paragraph (4) and inserting the following:
       ``(4) agrees to submit to binding arbitration in any 
     controversy involving--
       ``(A) its recognition as a national governing body, as 
     provided for in section 220529 of this title, upon demand of 
     the corporation; and
       ``(B) the opportunity of any amateur athlete, coach, 
     trainer, manager, administrator or official to participate in 
     amateur athletic competition, conducted in accordance with 
     the Commercial Rules of the American Arbitration Association, 
     as modified and provided for in the corporation's 
     constitution and bylaws, upon demand of the corporation or 
     any aggrieved amateur athlete, coach, trainer, manager, 
     administrator or official,

     If the Athletes' Advisory Council and National Governing 
     Bodies' Council do not concur on any modifications to such 
     Rules, and if the corporation's executive committee is not 
     able to facilitate such concurrence, the Commercial Rules of 
     Arbitration shall apply unless at least two-thirds of the 
     corporation's board of directors approves modifications to 
     such Rules;'';
       (3) striking paragraph (10) and inserting the following:
       ``(10) demonstrates, based on guidelines approved by the 
     corporation, the Athletes' Advisory Council, and the National 
     Governing Bodies' Council, that--
       ``(A) its board of directors and other such governing 
     boards have established criteria and election procedures for 
     and maintain among their voting members individuals who are 
     actively engaged in amateur athletic competition in the sport 
     for which recognition is sought or who have represented the 
     United States in international amateur athletic competition 
     within the preceding 10 years; and
       ``(B) any exceptions to such guidelines by such 
     organization have been approved by the corporation, and that 
     the voting power held by such individuals is not less than 20 
     percent of the voting power held in its board of directors 
     and other such governing boards;''; and
       (4) inserting ``or to participation in the Olympic Games, 
     the Paralympic Games, or the Pan-American Games'' after 
     ``amateur status'' in paragraph (14); and
       (5) adding at the end thereof the following:
       ``(b) Recognition of Paralympic Sports Organizations.--For 
     any sport which is included on the program of the Paralympic 
     Games, the corporation is authorized to designate, where 
     feasible and when such designation would serve the best 
     interest of the sport, and with the approval of the affected 
     national governing body, a national governing body recognized 
     under subsection (a) to govern such sport. Where such 
     designation is not feasible or would not serve the best 
     interest of the sport, the corporation is authorized to 
     recognize another amateur sports organization as a paralympic 
     sports organization to govern such sport, except that, 
     notwithstanding the other requirements of this chapter, any 
     such paralympic sports organization--
       ``(1) shall comply only with those requirements, perform 
     those duties, and have those powers that the corporation, in 
     its sole discretion, determines are appropriate to meet the 
     objects and purposes of this chapter; and
       ``(2) may, with the approval of the corporation, govern 
     more than one sport included on the program of the Paralympic 
     Games.''.

     SEC. 14. AUTHORITY OF NATIONAL GOVERNING BODIES.

       Section 220523 is amended by--
       (1) striking ``Games and'' in paragraph (6) and inserting 
     ``Games, the Paralympic Games, and''; and
       (2) striking ``Games and'' in paragraph (7) and inserting 
     ``Games, the Paralympic Games, and''.

     SEC. 15. DUTIES OF NATIONAL GOVERNING BODIES.

       Section 220524 is amended by--
       (1) redesignating paragraphs (4) through (8) as paragraphs 
     (5) through (9); and
       (2) inserting after paragraph (3) the following:
       ``(4) 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;''.

     SEC. 15. REPLACEMENT OF NATIONAL GOVERNING BODY.

       Section 220528 is amended by--
       (1) striking ``Olympic Games or both'' in subsection 
     (c)(1)(A) and inserting ``Olympic Games or the Paralympic 
     Games, or in both'';
       (2) striking ``registered'' in subsection (c)(2) and 
     inserting ``certified'';
       (3) striking ``body.'' in subsection (c)(2) and inserting 
     ``body and with any other organization that has filed an 
     application.';
       (4) inserting ``open to the public'' in subsection (d) 
     after ``formal hearing'' in the first sentence;
       (5) inserting after the second sentence in subsection (d) 
     the following: ``The corporation also shall send written 
     notice, including 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.''; and
       (6) striking ``title.'' in subsection (f)(4) and inserting 
     ``title and notify such national governing body of such 
     probation and of the actions needed to comply with such 
     requirements.''.

     SEC. 16. SPECIAL REPORT TO CONGRESS.

       Five years from the date of the enactment of this Act, the 
     United States Olympic Committee shall submit a special report 
     to the Congress on the effectiveness of the provisions of 
     chapter 2205 of title 36, United States Code, as amended by 
     this Act, together with any additional proposed changes to 
     that chapter the United States Olympic Committee determines 
     are appropriate.

                          ____________________