[Senate Report 105-325]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 567
105th Congress                                                   Report
                                  SENATE 

 2d Session                                                     105-325
_______________________________________________________________________


 
           OLYMPIC AND AMATEUR SPORTS ACT AMENDMENTS OF 1998

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2119





               September 10, 1998.--Ordered to be printed



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred fifth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas            Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon

                       John Raidt, Staff Director

                       Mark Buse, Policy Director

                  Martha P. Allbright, General Counsel

     Ivan A. Schlager, Democratic Chief Counsel and Staff Director

             James S. W. Drewry, Democratic General Counsel

                                     
                                                       Calendar No. 567
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-325
_______________________________________________________________________


           OLYMPIC AND AMATEUR SPORTS ACT AMENDMENTS OF 1998
                                _______
                                

               September 10, 1998.--Ordered to be printed

_______________________________________________________________________


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2119]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (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'', 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of the legislation is to update the Amateur 
Sports Act of 1978 to reflect developments that have occurred 
over the past twenty years and to improve the Act in key areas.

                          Background and Needs

  The purpose of the Olympic and Amateur Sports Act Amendments 
of 1998 is to update the Amateur Sports Act of 1978. The United 
States Olympic Committee (USOC) was originally incorporated in 
1950 under the ``Act to incorporate the United States Olympic 
Association.'' In 1964, the name was changed to the United 
States Olympic Committee. In 1978, the 1950 Act was 
substantially modified by the Amateur Sports Act. The Act has 
not been modified since 1978.
  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. Senator Stevens served on that 
Commission. When the Commission's report was delivered to 
Congress, the Chairman of the Commerce Committee, Warren 
Magnuson, asked Senator Stevens to head up the Commerce 
Committee's review of the report. Ultimately, that review led 
to the passage of the Amateur Sports Act of 1978.
  Many believe the 1978 Act needs to be updated due to several 
significant changes which have occurred in Olympic and amateur 
sports in the past 20 years. Those changes include the 
following: (1) the schedule for the Olympics and Winter 
Olympics has been altered so that an Olympic event occurs every 
two years, instead of every four--significantly increasing the 
workload of the U.S. Olympic Committee; (2) sports have begun 
to allow professional athletes to compete in some Olympic 
events; (3) even sports still considered ``amateur'' have 
athletes with greater financial opportunities and professional 
responsibilities than were ever considered in 1978; and (4) the 
Paralympics--the Olympics for disabled amateur athletes--have 
grown significantly in size and prestige.
  The legislation would leave in place the existing structure 
created by the 1978 Act. The bill would make modifications in 
discrete areas to address defined concerns.
  The bill would make the following primary changes to the 1978 
Act.
  (1) The title of the underlying law would be changed to the 
``Olympic and Amateur Sports Act'' to reflect the participation 
of professional as well as amateur athletes in the Olympic 
games.
  (2) A number of measures would be added to strengthen the 
provisions which protect athletes' rights to compete.
  (3) The ability of the USOC to resolve disputes--particularly 
disputes that arise close to the start of the Olympics, 
Paralympics, or Pan-American Games--would be improved. In 
addition, modifications are made to reduce the legal costs and 
administrative burdens of the USOC during dispute resolution.
  (4) The legislation would fully incorporate the Paralympics 
into the Amateur Sports Act and update the existing provisions 
affecting disabled athletes.
  (5) Improvements would be made to the notification 
requirements for when a National Governing Body (NGB) has been 
put on probation or is being challenged.
  (6) The legislation would increase the reporting requirements 
of the USOC and the NGBs with respect to sports opportunities 
for women, minorities, and disabled individuals.
  (7) The USOC would be required to report to Congress in five 
years with any additional changes that may be needed to the 
Act.

                          Legislative History

  The Commerce Committee held three hearings to assess the need 
for modifications to the 1978 Act. At the first two hearings 
(held on August 11, 1994 and October 18, 1995) witnesses 
identified where the Amateur Sports Act was showing signs of 
strain. At the third hearing, held on April 21, 1997 at the 
Olympic Training Center in Colorado Springs, discussion focused 
on solutions to the problems which had been identified in the 
earlier hearings.
  On January 26, 1998, Senator Stevens held an informal working 
session in the Commerce Committee hearing room to discuss with 
interested parties possible amendments to the 1978 Act.
  Senators Stevens and Campbell introduced S. 2119, the Olympic 
and Amateur Sports Act Amendments of 1998, on May 22, 1998. In 
open executive session on July 29, 1998, the Committee, by 
voice vote, ordered the bill reported with an amendment in the 
nature of a substitute.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 17, 1998.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2119, Olympic and 
Amateur Sports Act Amendments of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark Hadley 
(for federal costs); Pepper Santalucia (for the state and local 
impact); and Jean Wooster (for the private-sector impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 2119--Olympic and Amateur Sports Act Amendments of 1998

    Summary: S. 2119 would amend the federal law incorporating 
the U.S. Olympic Committee (USOC). The bill would strengthen 
the ability of the USOC to resolve disputes with and among 
athletes. It also would provide the Paralympics and Pan-
American Games with the same recognition and trademark 
protection as the Olympics. CBO estimates that S. 2119 could 
increase federal costs, but any such costs would be subject to 
appropriation and would not be significant. S. 2119 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    The bill contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates 
that states would not incur any costs to comply with the 
mandate. S. 2119 would impose private-sector mandates, as 
defined by UMRA, on the United States Olympic Committee (USOC), 
a private-sector entity, and businesses that use the name Pan-
American. CBO estimates that the total direct costs of the 
mandates would not exceed the annual threshold for private-
sector mandates established in UMRA ($100 million in 1996, 
adjusted for inflation).
    Estimated cost to the Federal Government: S. 2119 would 
allow the USOC the option of having civil action brought 
against the USOC in a state court adjudicated in U.S. District 
Court. Although this provision could increase the number of 
cases in federal courts, CBO estimates that the additional 
costs would not be significant and would be subject to 
appropriation.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
Section 10 of the bill would prohibit state courts from 
granting injunctive relief against the U.S. Olympic Committee 
when adjudicating certain lawsuits. This prohibition would be 
an intergovernmental mandate as defined in UMRA. However, 
because the prohibition would not require state courts to 
devote more resources to these cases, CBO estimates that states 
would not incur any new costs to comply with the mandate.
    Estimated impact on the private section: S. 2119 would 
impose private-sector mandates, as defined by UMRA, on the 
United States Olympic Committee and businesses that use the 
name Pan-American. CBO estimates that the total direct costs of 
the mandates would not exceed the annual threshold for private-
sector mandates established in UMRA ($100 million in 1996, 
adjusted for inflation).
    This bill would impose several private-sector mandates on 
the USOC, with the most costly one requiring that the USOC hire 
an ombudsman for athletes. Other mandates include a report to 
the Congress on any further additional changes and increased 
reporting requirements on sports opportunities for women, 
minorities, and disabled individuals. According to a 
representative of the USOC, most of the mandates would impose 
minimal additional costs since those requirements are 
consistent with current USOC practice. USOC estimates that the 
cost to hire an ombudsman would be approximately $100,000 a 
year.
    S. 2119 would not allow the use of the name Pan-American 
for the purpose of trade, to induce the sale of any goods or 
services, or to promote any theatrical exhibition, athletic 
performance, or competition without the consent of the USOC. 
Based on a search of such names through the Internet and a 
discussion with the U.S. Patent and Trademark Office, CBO 
estimates that fewer than 1,000 businesses use the name Pan-
American or a variant. According to a trademark attorney, the 
cost for a business to change its name would range from less 
than $500 to $20,000, with most businesses falling in the lower 
end of the range. Thus, CBO estimates that the total cost to 
businesses to comply with the private-sector mandate in the 
bill would be well below the statutory threshold established in 
UMRA.
    Estimate prepared by: Federal Costs: Mark Hadley. Impact on 
State, Local, and Tribal Governments: Pepper Santalucia. Impact 
on the Private Sector: Jean Wooster.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  The bill, as reported, would update the Amateurs Sports Act 
of 1978 to reflect developments in Olympic Sports in the past 
20 years. The legislation will have no effect on the number of 
individuals regulated or their personal privacy. The 
legislation should have no significant economic impact nor 
should it change existing paperwork requirements.

                      Section-by-Section Analysis

Section 1. Short title

  Section 1 provides that the bill may be referred to as the 
``Olympic and Amateur Sports Act Amendments of 1998''.

Section 2. Olympic and Amateur Sports Act; amendment of act

  Section 2 changes the title of the underlying Act to the 
``Olympic and Amateur Sports Act.''

Section 3. Definitions

  Section 3 defines the term ``paralympic sports 
organization''.

Section 4. Objects and purposes

  Section 4 provides for full recognition of the Paralympic 
games by the Act. The bill contains numerous other changes to 
achieve this recognition. In sum, these changes would give the 
USOC the same duties with respect to the Paralympic Games as it 
has with the Olympic Games. The USOC would ``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, and 
provide equitable and fair dispute resolution procedures for 
disabled athletes. In addition, the USOC would be required to 
allow paralympic sports organizations to join the USOC and to 
use and protect the trademarks of Paralympics.
  Section 4(3) would eliminate references in the bill to 
``handicapped individuals'' and insert instead the term 
``amateur athletes 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''.

Section 5. Powers of corporation

  Paragraphs (1) through (4) make various changes to provide 
for the complete recognition of the Paralympics.
  Paragraph (5) would provide that the USOC may elect to remove 
to Federal court civil actions brought against the USOC in 
State court if those actions relate solely to the USOC's 
responsibilities under the Act.

Section 6. Membership; representation

  Section 6(a) provides for the complete recognition of the 
Paralympics and paralympic sports organizations.
  Section 6(b) of the bill would amend the Act to require an 
Athletes' Advisory Council (AAC). Currently, the AAC exists but 
was created as part of the USOC constitution and bylaws and is 
not recognized in the Act.
  Section 6(b) would also require that amateur athletes 
comprise at least 20 percent of the membership and voting power 
of the USOC board of directors and other USOC committees and 
entities. This, too, is presently only required under the USOC 
constitution and bylaws.

Section 7. Use of Olympic, Paralympic, and Pan-American Symbols

  Section 7 would provide the USOC with the same trademark 
protection for the Paralympic Games and Pan-American Games, and 
the symbols and words associated with those games, as it 
presently has for the Olympics. In order to raise funds to 
carry out the Act, section 7 would also give the USOC the 
exclusive power to authorize the use of these names and 
symbols.
  Paragraph (6) would explicitly permit the use of the word 
``Olympic'' to ``identify a business or goods or services * * * 
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.'' It is intended that this provision will 
free businesses on the Olympic peninsula and other geographical 
locations that are designated by the term ``Olympic'' or any 
related term, such as ``Olympia'', from undue fear that their 
use of the word ``Olympic'' in association with their business 
will lead to legal action initiated by the USOC. It is intended 
that this provision will be interpreted in a manner that will 
not inhibit the ability of the USOC to license use of the word 
``Olympic'' to sponsors.

Section 8. Agent for service of process

  Section 8 would require the USOC to have a designated agent 
in the State of Colorado to receive service of process, rather 
than an agent in every state. Notice of service on that agent, 
including service mailed to the business address of the agent, 
is notice to or service on the USOC.

Section 9. Reports

  Section 9 would require the USOC to submit a formal report to 
Congress and the President only once every four years instead 
of annually as is currently required. The new reporting cycle 
would conform more closely with the four-year budget cycle of 
the USOC to reduce administrative burdens. The scope of 
existing reporting requirements is expanded 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.

Section 10. Resolution of disputes

  Section 10 would prevent a court from granting injunctive 
relief against the USOC in a dispute involving the 
participation of an athlete within 21 days of the beginning of 
the Olympics, the Paralympics, or the Pan-American Games if the 
USOC has provided the court with a sworn written statement that 
the USOC's 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 
dispute, between an athlete and an NGB, which may arise too 
close to the Olympics, Paralympics, or Pan-American Games to be 
resolved prior to the beginning of those games. This provision 
would not take away or limit any other type of relief. 
Injunctive relief would be available in disputes that could be 
resolved under the constitution and bylaws prior to the 
beginning of the Olympics, Paralympics, or Pan-American Games.
  Section 10 would also 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 to hire another ombudsman 
nominated by the AAC in the event of a vacancy.

Section 11. Complete teams

  Section 11 would give the USOC the authority to send an 
``incomplete team'' for a sport if the roster cannot be filled 
with athletes that have met the eligibility standards of either 
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.

Section 12. Recognition of amateur sports organizations

  Section 12(a)(3) would require at least two public hearings 
(instead of one under current law) prior to the recognition of 
a new NGB or paralympic sports organization.
  Section 12(a)(4) 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 hearing (including a 
hearing on an application to replace an existing NGB) and to 
include in the notice a copy of the application to become the 
NGB.
  Section 12(b)(1) would amend the Act to clarify that NGBs 
must agree to arbitration using the Commercial Rules of the 
American Arbitration Association in disputes with the USOC or 
an athlete, coach, trainer, manager, administrator or official. 
Section 12(b) would clarify that NGBs 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 arbitrations between NGBs and 
athletes 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. If the AAC and the NGB Council 
cannot reach agreement on modified rules for arbitration then 
the Commercial Rules of Arbitration will apply unless at least 
two-thirds of the USOC's board of directors votes to modify 
those rules.
  Section 12(b)(2) would require NGBs to establish criteria and 
election procedures for selecting ``active'' amateur athletes 
to satisfy existing statutory requirement that 20 percent of 
NGB governing boards be comprised of active amateur athletes. 
The criteria and election procedures used by NGB's must conform 
to any guidelines approved by the USOC, the AAC, and the NGB 
Council. Any exception to those guidelines must be approved by 
the USOC.
  Section 12(b)(2) would also change the Act to require that 
only 20 percent of the voting power of an NGB, 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.
  Section 12(c) of the bill would require the USOC to, when 
feasible, 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.

Section 13. Duties of national governing bodies

  Section 13 of the bill would make it a specific duty of NGBs 
to disseminate and distribute certain information in a timely 
manner to athletes, coaches and others involved in the sport.

Section 14. Authority of national governing bodies

  Section 14 would make modifications to the Act to fully 
recognize the Paralympic Games.

Section 15. Replacement of national governing body

  Section 15 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.

Section 16. Special report to Congress

  Section 16 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.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

             TITLE 36. PATRIOTIC SOCIETIES AND OBSERVANCES

      CHAPTER 17. UNITED STATES OLYMPIC COMMITTEE CORPORATION \1\
---------------------------------------------------------------------------

    \1\ The Act of September 21, 1950, 64 Stat. 899, is carried in the 
United States Code as chapter 17 of title 36 (36 U.S.C. 371 et seq.).
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Olympic and Amateur Sports 
Act''.\2\
---------------------------------------------------------------------------
    \2\ Added as new section 1 of the Act. Will be reflected as note to 
section 371 of title 36, United States Code.
---------------------------------------------------------------------------

Sec.  373. Definitions

  As used in this Act, the term--
          (1) ``amateur athlete'' means any athlete who meets 
        the eligibility standards established by the national 
        governing body or paralympic sports organization for 
        the sport in which the athlete competes;
          (2) ``amateur athletic competition'' means a contest, 
        game, meet, match, tournament, regatta, or other event 
        in which amateur athletes compete;
          (3) ``amateur sports organization'' means a not-for-
        profit corporation, club, federation, union, 
        association, or other group organized in the United 
        States which sponsors or arranges any amateur athletic 
        competition;
          (4) ``Corporation'' means the United States Olympic 
        Committee;
          (5) ``international amateur athletic competition'' 
        means any amateur athletic competition between any 
        athlete or athletes representing the United States, 
        either individually or as part of a team, and any 
        athletic or athletes representing any foreign country;
          (6) ``national governing body'' means an amateur 
        sports organization which is recognized by the 
        Corporation in accordance with section 201 of this Act; 
        [and]
          (7) ``paralympic sports organization'' means an 
        amateur sports organization which is recognized by the 
        Corporation in accordance with section 201(e) of this 
        Act; and
          [(7)] (8) ``sanction'' means a certificate of 
        approval issued by a national governing body.

Sec.  374. Objects and purposes of Corporation

  The objects and purposes of the Corporation shall be to--
          (1) establish national goals for amateur athletic 
        activities and encourage the attainment of those goals;
          (2) coordinate and develop amateur athletic activity 
        in the United States directly relating to international 
        amateur athletic competition, so as to foster 
        productive working relationships among sports-related 
        organizations;
          (3) exercise exclusive jurisdiction, either directly 
        or through its constituent members or committees, over 
        all matters pertaining to the participation of the 
        United States in the Olympic [Games] Games, the 
        Paralympic Games, and in the Pan-American Games, 
        including the representation of the United States in 
        such games, and over the organization of the Olympic 
        [Games] Games, the Paralympic Games, and the Pan-
        American Games when held in the United States;
          (4) obtain for the United States, either directly or 
        by delegation to the appropriate national governing 
        body, the most competent amateur representation 
        possible in each competition and event of the Olympic 
        Games and of the Pan-American Games;
          (5) promote and support amateur athletic activities 
        involving the United States and foreign nations;
          (6) promote and encourage physical fitness and public 
        participation in amateur athletic activities;
          (7) assist organizations and persons concerned with 
        sports in the development of amateur athletic programs 
        for amateur athletes;
          (8) provide for the swift resolution of conflicts and 
        disputes involving amateur athletes, national governing 
        bodies, and amateur sports organizations, and protect 
        the opportunity of any amateur athlete, coach, trainer, 
        manager, administrator, or official to participate in 
        amateur athletic competition;
          (9) foster the development of amateur athletic 
        facilities for use by amateur athletes and assist in 
        making existing amateur athletic facilities available 
        for use by amateur athletes;
          (10) provide and coordinate technical information on 
        physical training, equipment design, coaching, and 
        performance analysis;
          (11) encourage and support research, development, and 
        dissemination of information in the areas of sports 
        medicine and sports safety;
          (12) encourage and provide assistance to amateur 
        athletic activities for women;
          [(13) encourage and provide assistance to amateur 
        athletic programs and competition for handicapped 
        individuals, including, where feasible, the expansion 
        of opportunities for meaningful participation by 
        handicapped individuals in programs of athletic 
        competition for able-bodied individuals; and]
          (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
          (14) encourage and provide assistance to amateur 
        athletes of racial and ethnic minorities for the 
        purpose of eliciting the participation of such 
        minorities in amateur athletic activities in which they 
        are underrepresented.

Sec.  375. Powers of Corporation

  (a) The Corporation shall have perpetual succession and power 
to--
          (1) serve as the coordinating body for amateur 
        athletic activity in the United States directly 
        relating to international amateur athletic competition;
          (2) represent the United States as its national 
        Olympic committee in relations with the International 
        Olympic Committee and the Pan-American Sports 
        [Organization;] Organization and as its national 
        Paralympic committee in relations with the 
        International Paralympic Committee;
          (3) organize, finance, and control the representation 
        of the United States in the competitions and events of 
        the Olympic [Games] Games, the Paralympic Games, and of 
        the Pan-American Games, and obtain, either directly or 
        by delegation to the appropriate national governing 
        body, amateur representation for such games;
          (4) recognize eligible amateur sports organizations 
        as national governing bodies for any sport which is 
        included on the program of the Olympic Games or the 
        Pan-American [Games;] Games, or as paralympic sports 
        organizations for any sport that is included on the 
        program of the Paralympic Games;
          (5) facilitate, through orderly and effective 
        administrative procedures, the resolution of conflicts 
        or disputes which involve any of its members and any 
        amateur athlete, coach, trainer, manager, 
        administrator, official, national governing body, or 
        amateur sports organization and which arise in 
        connectionwith their eligibility for and participation 
in the Olympic Games, the [Pan-American world championship 
competition,] Paralympic Games, the Pan-American Games, world 
championship competition, or other protected competition as defined in 
the constitution and bylaws of the Corporation;
          (6) sue and be [sued;] sued, except that any civil 
        action brought in a State court against the Corporation 
        shall be removed, at the request of the Corporation, to 
        the district court of the United States in the district 
        in which the action was brought, and such district 
        court shall have original jurisdiction over the action 
        without regard to the amount in controversy or 
        citizenship of the parties involved, and except that 
        neither this paragraph nor any other provision of this 
        Act shall create a private right of action under this 
        Act;
          (7) make contracts;
          (8) acquire, hold, and dispose of real and personal 
        property as may be necessary for its corporate 
        purposes;
          (9) accept gifts, legacies, and devices in 
        furtherance of its corporate purposes;
          (10) borrow money to carry out its corporate 
        purposes, issue notes, bonds, or other evidences of 
        indebtedness therefor, and secure the same by mortgage, 
        subject in each case to the laws of the United States 
        or of any State;
          (11) provide financial assistance to any organization 
        or association, other than a corporation organized for 
        profit, in furtherance of the purposes of the 
        Corporation;
          (12) approve and revoke membership in the 
        Corporation;
          (13) adopt and alter a corporate seal;
          (14) establish and maintain offices for the conduct 
        of the affairs of the Corporation;
          (15) publish a newspaper, magazine, or other 
        publication consistent with its corporate purposes; and
          (16) do any and all acts and things necessary and 
        proper to carry out the purposes of the Corporation.
  (b) The Corporation shall adopt and may amend a constitution 
and bylaws not inconsistent with the laws of the United States 
or of any State, except that the Corporation may amend its 
constitution only if it--
          (1) publishes in its principal publication a general 
        notice of the proposed alteration of the constitution, 
        including the substantive terms of the alteration, the 
        time and place of the Corporation's regular meeting at 
        which the alteration is to be decided, and a provision 
        informing interested persons that they may submit 
        materials as authorized in paragraph (2); and
          (2) gives to all interested persons, prior to the 
        adoption of any amendment, an opportunity to submit 
        written data, views, or arguments concerning the 
        proposed amendment for a period of at least 60 days 
        after the date of publication of the notice.

Sec.  376. Membership

  (a) Eligibility for membership in the Corporation shall be 
determined in accordance with the constitution and bylaws of 
the Corporation.
  (b) In its constitution and bylaws, the Corporation shall 
establish and maintain provisions with respect to its 
governance and the conduct of its affairs for reasonable 
representation of--
          [(1) amateur sports organizations recognized as 
        national governing bodies in accordance with section 
        201 of this Act;]
          (1) amateur sports organizations recognized as 
        national governing bodies and paralympic sports 
        organizations in accordance with section 201 of this 
        Act, including through provisions which establish and 
        maintain a National Governing Bodies' Council composed 
        of representatives of the national governing bodies and 
        any paralympic sports organizations and selected by 
        their boards of directors or such other governing 
        boards to ensure effective communication between the 
        Corporation and such national governing bodies and 
        paralympic sports organizations;
          [(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;]
          (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;
          (3) amateur sports organizations which conduct a 
        national program or regular national amateur athletic 
        competition in two or more sports which are included on 
        the program of the Olympic [Games] Games, the 
        Paralympic Games, or the Pan-American Games on a level 
        of proficiency appropriate for the selection of amateur 
        athletes to represent the United States in 
        international amateur athletic competition; and
          (4) individuals not affiliated or associated with any 
        amateur sports organization who in the Corporation's 
        judgment represent the interest of the American public 
        in the activities of the Corporation.

Sec.  380. Use of Olympic symbols, emblems, trademarks and names

  (a) Unauthorized Use; Civil Action; Lawful Use Prior to 
September 21, 1950.--Without the consent of the Corporation, 
any person who uses for the purpose of trade, to induce the 
sale of any goods or services, or to promote any theatrical 
exhibition, athletic performance, or competition--
          (1) the symbol of the International Olympic 
        Committee, consisting of 5 interlocking [rings;] rings, 
        the symbol of the International Paralympic Committee, 
        consisting of three TaiGeuks, or the symbol of the Pan-
        American Sports Organization, consisting of a torch 
        surrounded by concentric rings;
          (2) the emblem of the Corporation, consisting of an 
        escutcheon having a blue chief and vertically extending 
        red and white bars on the base with 5 interlocking 
        rings displayed on the chief;
          (3) any trademark, trade name, sign, symbol, or 
        insignia falsely representing association with, or 
        authorization by, the International Olympic [Committee] 
        Committee, the International Paralympic Committee, the 
        Pan-American Sports Organization, or the Corporation; 
        or
          (4) except as permitted in this subsection and 
        subsection (c), the words ``Olympic'', ``Olympiad'', 
        ``Citius Altius Fortius'', ``Paralympic'', 
        ``Paralympiad'', ``Pan-American'', ``America Espirito 
        Sport Fraternite'', or any combination or simulation 
        thereof tending to cause confusion, to cause mistake, 
        to deceive, or to falsely suggest a connection with the 
        Corporation or any [Olympic] Olympic, Paralympic, or 
        Pan-American Games activity;
shall be subject to suit in a civil action by the Corporation 
for the remedies provided in the Act of July 5, 1946 (60 Stat. 
427; popularly known as the Trademark Act of 1946). However, 
any person who actually used the emblem in subsection (a)(2), 
or the words, or any combination thereof, in subsection (a)(4) 
for any lawful purpose prior to September 21, 1950, shall not 
be prohibited by this section from continuing such lawful use 
for the same purpose and for the same goods or services. In 
addition, any person who actually used, or whose assignor 
actually used, any other trademark, trade name, sign, symbol, 
or insignia described in subsections (a)(3) and (4) for any 
lawful purpose prior to enactment of this Act shall not be 
prohibited by this section from continuing such lawful use for 
the same purpose and for the same goods or services. 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.
  (b) Contributors and Suppliers.--The Corporation may 
authorize contributors and suppliers of goods or services to 
use the trade name of the Corporation as well as any trademark, 
symbol, insignia, or emblem of the International Olympic 
[Committee] Committee, International Paralympic Committee, Pan-
American Sports Organization, or of the Corporation in 
advertising that the contributions, goods, or services were 
donated, supplied, or furnished to or for the use of, approved, 
selected, or used by the Corporation or United States [Olympic] 
Olympic, Paralympic, or Pan-American team or team members.
  (c) Exclusive Right of Corporation.--The Corporation shall 
have exclusive right to use the name ``United States Olympic 
Committee''; the [symbol] symbols described in subsection 
(a)(1); the emblem described in subsection (a)(2); and the 
words ``Olympic'', ``Olympiad'', ``Citius Altius [Fortius''] 
Fortius'', ``Paralympic'', ``Paralympiad'', ``Pan-American'', 
or any combination thereof subjectto the preexisting rights and 
rights of geographical reference described in subsection (a).

Sec.  381. Agents for service of process

  As a condition precedent to the exercise of any power or 
privilege granted or conferred under this Act, the Corporation 
shall [file in the office of the secretary of state, or similar 
office, in each State the name and post-office address of an 
authorized agent of the Corporation in such State upon whom 
local process or demands against the Corporation may be 
served.] 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.  382a. Annual reports to President and Congress on operations; 
                    reports to Speaker of House and President of Senate 
                    on authorized grants

  [(a) The Corporation shall, on or before the first day of 
June in each year, transmit simultaneously to the President and 
to each House of Congress a detailed report of its operations 
for the preceding calendar year, including a full and complete 
statement of its receipts and expenditures and a comprehensive 
description of the activities and accomplishments of the 
Corporation during the preceding year. Copies of the report 
shall be made available by the Corporation to interested 
persons at a reasonable cost.
  [(b) The Corporation shall, on or before the first day of 
June in each year, transmit simultaneously to the Speaker of 
the House of Representatives and to the President of the Senate 
a detailed report of those grants authorized to the Corporation 
pursuant to the provisions of section 211 of the Act and a full 
and complete statement of the expenditures of such funds made 
available. The report shall be referred to the Committee on 
Appropriations of each House and shall include a detailed and 
comprehensive description of those programs which the 
Corporation anticipates it will finance during the next fiscal 
year out of such funds made available pursuant to the 
provisions of section 211 [210] of the Act. The Corporation 
shall continue to transmit the report required under this 
subsection (b) until the total sums made available under 
section 211 of the Act have been expended.]
  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.  382b. Resolution of disputes

  (a) In its constitution and bylaws, the Corporation shall 
establish and maintain provisions for the swift and equitable 
resolution of disputes involving any of its members and 
relating to the opportunity of an amateur athlete, coach, 
trainer, manager, administrator, or official to participate in 
the Olympic Games, the Paralympic Games, the Pan-American 
Games, world championship competition, or other such protected 
competition as defined in such constitution and bylaws. 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.
  (b)(1) The Corporation shall hire and provide salary, 
benefits, and administrative expenses for an ombudsman for 
athletes, who shall--
          (A) provide independent advice to athletes at no cost 
        about the applicable provisions of this Act and the 
        constitution and bylaws of the Corporation, national 
        governing bodies, 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.  ------. Complete teams \3\
---------------------------------------------------------------------------

    \3\ Added as new section 115 of the Act.
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  In obtaining representation for the United States in each 
competition and event of the Olympic Games, Paralympic Games, 
and Pan-American Games, the Corporation, either directly or by 
delegation to the appropriate national governing body or 
paralympic sports organization, may select, but is not 
obligated to select (even if not selecting will result in an 
incomplete team for an event), athletes who have not met the 
eligibility standard of at least one of the national governing 
body, the Corporation, the International Olympic Committee, or 
the appropriate international sports federation, when the 
number of athletes who have met the eligibility standard of at 
least one of such entities is insufficient to fill the roster 
for an event.

Sec.  391. Recognition of amateur sports organizations

  (a) National Governing Body; Application; Notice and 
Hearing.--[For any sport which is included on the program of 
the Olympic Games or the Pan-American Games, the Corporation is 
authorized to recognize as a national governing body an amateur 
sports organization which files an application and is eligible 
for such recognition, in accordance with the provisions of 
subsection (b) of this section.] 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 subsection (b) or (e) of this section. 
The Corporation shall recognize only one national governing 
body for each sport for which an application is made and 
[approved.] approved, except as provided in subsection (e) with 
respect to a paralympic sports organization. Prior to the 
recognition of a national governing body under the authority 
granted under this title and in accordance with the procedures 
and requirements of this section, the Corporation shall [hold a 
hearing] hold at least 2 hearings open to the public on the 
application for such recognition. The Corporation shall publish 
notice of the time, place, and nature of the hearing. 
Publication shall be made in a regular issue of the 
Corporation's principal publication at least 30 days, but not 
more than 60 days, prior to the date of the hearing. In 
addition, the Corporation shall send written notice, which 
shall include acopy 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) Eligibility Requirements.--No amateur sports organization 
is eligible to be recognized or is eligible to continue to be 
recognized as a national governing body unless it--
          (1) is incorporated under the laws of any of the 
        several States of the United States or the District of 
        Columbia as a not-for-profit corporation having as its 
        purpose the advancement of amateur athletic 
        competition, and has the managerial and financial 
        capability to plan and execute its obligations;
          (2) submits an application for recognition, in such 
        form as the Corporation shall require, as a national 
        governing body and, upon application, submits a copy of 
        its corporate charter and bylaws and any additional 
        information as is considered necessary or appropriate 
        by the Corporation;
          [(3) agrees to submit, upon demand of the 
        Corporation, to binding arbitration conducted in 
        accordance with the commercial rules of the American 
        Arbitration Association in any controversy involving 
        its recognition as a national governing body, as 
        provided for in section 205 of this title, or involving 
        the opportunity of any amateur athlete, coach, trainer, 
        manager, administrator or official to participate in 
        amateur athletic competition, as provided for in the 
        Corporation's constitution and bylaws;]
          (3) agrees to submit, upon demand of the Corporation, 
        to binding arbitration in any controversy involving its 
        recognition as a national governing body, as provided 
        for in section 205, and upon demand of the Corporation 
        or any aggrieved amateur athlete, coach, trainer, 
        manager, administrator or official, to binding 
        arbitration in any controversy involving the 
        opportunity of such amateur athlete, coach, trainer, 
        manager, administrator or official to participate in 
        amateur athletic competition, conducted in accordance 
        with the Commercial Rules of the American Arbitration 
        Association, as modified and provided for in the 
        Corporation's constitution and bylaws, provided that if 
        the Athletes' Advisory Council and National Governing 
        Bodies' Council do not concur on any modifications to 
        such Rules, and if the Corporation's executive 
        committee is not able to facilitate such concurrence, 
        the Commercial Rules of Arbitration shall apply unless 
        at least two-thirds of the Corporation's board of 
        directors approves modifications to such Rules;
          (4) demonstrates that it is autonomous in the 
        governance of its sport, in that it independently 
        determines and controls all matters central to such 
        governance, does not delegate such determination and 
        control, and is free from outside restraint, and 
        demonstrates that it is a member of no more than one 
        international sports federation which governs a sport 
        included on the program of the Olympic Games or the 
        Pan-American Games;
          (5) demonstrates that its membership is open to any 
        individual who is an amateur athlete, coach, trainer, 
        manager, administrator, or official active in the sport 
        for which recognition is sought, or to any amateur 
        sports organization which conducts programs in the 
        sport for which recognition is sought, or to both;
          (6) provides an equal opportunity to amateur 
        athletes, coaches, trainers, managers, administrators, 
        and officials to participate in amateur athletic 
        competition, without discrimination on the basis of 
        race, color, religion, age, sex, or national origin, 
        and with fair notice and opportunity for a hearing to 
        any amateur athlete, coach, trainer, manager, 
        administrator, or official before declaring such 
        individual ineligible to participate;
          (7) is governed by a board of directors or other such 
        governing board whose members are selected without 
        regard to race, color, religion, national origin or 
        sex, except that, in sports where there are separate 
        male and female programs, it provides for reasonable 
        representation of both males and females on such board 
        of directors or other such governing board;
          [(8) demonstrates that its board of directors or 
        other such governing board includes among its 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 in the sport 
        for which recognition is sought within the preceding 10 
        years, and that the membership and voting power held by 
        such individuals is not less than 20 percent of such 
        membership and voting power held in that board of 
        directors or other such governing board;]
          (8) demonstrates, based on guidelines approved by the 
        Corporation, the Athletes' Advisory Council, and the 
        National Governing Bodies' Council, that its board of 
        directors and other such governing boards have 
        established criteria and election procedures for and 
        maintain among their voting members individuals who are 
        actively engaged in amateur athletic competition in the 
        sport for which recognition is sought or who have 
        represented the United States in international amateur 
        athletic competition within the preceding 10 years, 
        that any exceptions to such guidelines by such 
        organization have been approved by the Corporation, and 
        that the voting power held by such individuals is not 
        less than 20 percent of the voting power held in its 
        board of directors and other such governing boards;
          (9) provides for reasonable direct representation on 
        its board of directors or other such governing board 
        for any amateur sports organization which, in the sport 
        for which recognition is sought, conducts, on a level 
        of proficiency appropriate for the selection of amateur 
        athletes to represent the United States in 
        international amateur athletic competition, a national 
        program or regular national amateur athletic 
        competition, and ensures that such representation shall 
        reflect the nature, scope, quality, and strength of the 
        programs and competitions of such amateur sports 
        organization in relation to all other such programs and 
        competitions in such sport in the United States;
          (10) demonstrates that none of its officers are also 
        officers of any other amateur sports organization which 
        is recognized as a national governing body;
          (11) provides procedures for the prompt and equitable 
        resolution of grievances of its members;
          (12) does not have eligibility criteria relating to 
        amateur status or to participation in the Olympic 
        Games, the Paralympic Games, or the Pan-American Games 
        which are more restrictive than those of the 
        appropriate international sports federation; and
          (13) demonstrates, if it is an amateur sports 
        organization seeking recognition as a national 
        governing body, that it is prepared to meet the 
        obligations imposed on a national governing body under 
        section 202 of this Act.
  (c) Period Within Which to Comply With Eligibility 
Requirements; Suspension or Revocation of Recognition.--
          (1) Except as provided in paragraph (2), any amateur 
        sports organization which on the date of enactment of 
        this title is recognized by the Corporation to 
        represent a particular sport shall be considered to be 
        the national governing body for that sport. Such an 
        organization is exempt for a period of 2 years from the 
        date of enactment of this title from meeting the 
        requirements of subsection (b) of this section, and 
        during the 2-year period shall take the necessary 
        actions to meet such requirements if it desires to 
        retain its recognition. After the expiration of the 2-
        year period, such an organization shall continue as the 
        national governing body for that sport unless the 
        Corporation determines that such organization is not in 
        compliance with the requirements of subsection (b) of 
        this section, in which event the Corporation shall--
                  (A) suspend the recognition of such national 
                governing body;
                  (B) revoke the recognition of such national 
                governing body; or
                  (C) extend the 2-year period for not longer 
                than 1 year, if the national governing body has 
                proven by clear and convincing evidence that, 
                through no fault of its own, it needs 
                additional time to comply with such 
                requirements.
        If, at the end of the extension period referred to in 
        subparagraph (C) of this paragraph, the national 
        governing body has not complied with such requirements, 
        the Corporation shall revoke the recognition of such 
        national governing body. Any such national governing 
        body aggrieved by the Corporation's determination under 
        this subsection may submit a demand for arbitration in 
        accordance with section 205 (c) of this title.
          (2) Notwithstanding the provisions of paragraph (1), 
        the Corporation may suspend or revoke the recognition 
        of a national governing body during the 2-year period 
        if such suspension or revocation is for the same reason 
        as the Corporation could have revoked or suspended such 
        national governing body prior to the date of the 
        enactment of this title.
  (d) Recommendation of National Governing Body as United 
States Representative to Appropriate International Sport 
Federation.--Within 61 days after recognizing an amateur sports 
organization as a national governing body, in accordance with 
subsection (a) of this section, the Corporation shall recommend 
and support in any appropriate manner such national governing 
body to the appropriate international sports federation as the 
representative of the United States for that sport.
  (e) For any sport which is included on the program of the 
Paralympic Games, the Corporation is authorized to designate, 
where feasible and when such designation would serve the best 
interest of the sport, and with the approval of the affected 
national governing body, a national governing body recognized 
under subsection (a) to govern such sport. Where such 
designation is not feasible or would not serve the best 
interest of the sport, the Corporation is authorized to 
recognize another amateur sports organization as a paralympic 
sports organization to govern such sport, except that, 
notwithstanding the other requirements of this Act, any such 
paralympic sports organization--
          (1) shall comply only with those requirements, 
        perform those duties, and have those powers that the 
        Corporation, in its sole discretion, determines are 
        appropriate to meet the objects and purposes of the 
        Act; and
          (2) may, with the approval of the Corporation, govern 
        more than one sport included on the program of the 
        Paralympic Games.

Sec.  392. Duties of national governing bodies

  (a) For the sport which it governs, a national governing body 
is under duty to--
          (1) develop interest and participation throughout the 
        United States and be responsible to the persons and 
        amateur sports organizations it represents;
          (2) minimize, through coordination with other amateur 
        sports organizations, conflicts in the scheduling of 
        all practices and competitions;
          [(3) keep] (3)(A) keep amateur athletes informed of 
        policy matters and reasonably reflect the views of such 
        athletes in its policy decisions; and
          (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;
          (4) promptly review every request submitted by an 
        amateur sports organization or person for a sanction 
        (A) to hold an international amateur athletic 
        competition in the United States; or (B) to sponsor 
        United States amateur athletes to compete in 
        international amateur athletic competition held outside 
        the United States, and determine whether to grant such 
        sanction, in accordance with the provisions of 
        subsection (b) of this section;
          (5) allow an amateur athlete to compete in any 
        international amateur athletic competition conducted 
        under its auspices or that of any other amateur sports 
        organization or person, unless it establishes that its 
        denial was based on evidence that the organization or 
        person conducting the competition did not meet the 
        requirements stated in subsection (b) of this section;
          (6) provide equitable support and encouragement for 
        participation by women where separate programs for male 
        and female athletes are conducted on a national basis;
          (7) encourage and support amateur athletic sports 
        programs for [handicapped] disabled individuals and the 
        participation of [handicapped] disabled individuals in 
        amateur athletic activity, including, where feasible, 
        the expansion of opportunities for meaningful 
        participation by [handicapped] disabled individuals in 
        programs of athletic competition for able-bodied 
        individuals;
          (8) provide and coordinate technical information on 
        physical training, equipment design, coaching, and 
        performance analysis; and
          (9) encourage and support research, development, and 
        dissemination of information in the areas of sports 
        medicine and sports safety.
  (b) As a result of its review under subsection (a)(4) of this 
section, if a national governing body does not determine by 
clear and convincing evidence that holding or sponsoring an 
international amateur athletic competition would be detrimental 
to the best interest of the sport, the national governing body 
shall promptly grant to an amateur sports organization or 
person a sanction to--
          (1) hold an international amateur athletic 
        competition in the United States, if such amateur 
        sports organization or person--
                  (A) pays to the national governing body any 
                required sanctioning fee, if such fee is 
                reasonable and nondiscriminatory;
                  (B) demonstrates that--
                          (i) appropriate measures have been 
                        taken to protect the amateur status of 
                        athletes who will take part in the 
                        competition and to protect their 
                        eligibility to compete in amateur 
                        athletic competition,
                          (ii) appropriate provision has been 
                        made for validation of records which 
                        may be established during the 
                        competition,
                          (iii) due regard has been given to 
                        any international amateur athletic 
                        requirements specifically applicable to 
                        the competition,
                          (iv) the competition will be 
                        conducted by qualified officials,
                          (v) proper medical supervision will 
                        be provided for athletes who will 
                        participate in the competition, and
                          (vi) proper safety precautions have 
                        been taken to protect the personal 
                        welfare of the athletes and spectators 
                        at the competition, and
                  (C) submits to the national governing body an 
                audited or notarized financial report of 
                similar events, if any, conducted by the 
                amateur sports organization or person; or
          (2) sponsor United States amateur athletes to compete 
        in international amateur athletic competition held 
        outside the United States, if such amateur sports 
        organization or person--
                  (A) pays to the national governing body any 
                required sanctioning fee, if such fee is 
                reasonable and nondiscriminatory;
                  (B) submits a letter from the appropriate 
                entity which will hold the international 
                amateur athletic competition certifying that--
                          (i) appropriate measures have been 
                        taken to protect the amateur status of 
                        athletes who will take part in the 
                        competition and to protect their 
                        eligibility to compete in amateur 
                        athletic competition,
                          (ii) appropriate provision has been 
                        made for validation of records which 
                        may be established during the 
                        competition,
                          (iii) due regard has been given to 
                        any international amateur athletic 
                        requirements specifically applicable to 
                        the competition,
                          (iv) the competition will be 
                        conducted by qualified officials,
                          (v) proper medical supervision will 
                        be provided for athletes who will 
                        participate in the competition, and
                          (vi) proper safety precautions have 
                        been taken to protect the personal 
                        welfare of the athletes and spectators 
                        at the competition; and
                  (C) submits a report of the most recent trip, 
                if any, to a foreign country which the amateur 
                sports organization or person sponsored for the 
                purpose of having United States amateur 
                athletes compete in international amateur 
                athletic competition.

Sec.  393. Authority of national governing bodies

  For the sport which it governs, a national governing body is 
authorized to--
          (1) represent the United States in the appropriate 
        international sports federation;
          (2) establish national goals and encourage the 
        attainment of those goals;
          (3) serve as the coordinating body for amateur 
        athletic activity in the United States;
          (4) exercise jurisdiction over international amateur 
        athletic activities and sanction international amateur 
        athletic competition held in the United States and 
        sanction the sponsorship of international amateur 
        athletic competition held outside the United States;
          (5) conduct amateur athletic competition, including 
        national championships, and international amateur 
        athletic competition in the United States, and 
        establish procedures for the determination of 
        eligibility standards for participation in such 
        competitions, except for that amateur athletic 
        competition specified in section 206 of this title;
          (6) recommend to the Corporation individuals and 
        teams to represent the United States in the Olympic 
        [Games] Games, the Paralympic Games, and the Pan-
        American Games; and
          (7) designate individuals and teams to represent the 
        United States in international amateur athletic 
        competition (other than the Olympic [Games] Games, the 
        Paralympic Games, and the Pan-American Games) and 
        certify, in accordance with applicable international 
        rules, the amateur eligibility of such individuals and 
        teams.

Sec.  395. Compelling compliance with eligibility requirements and 
                    performance of duties by national governing bodies

  (a) Written Complaint; Exhaustion of Remedies Requirement; 
Hearing; Determination by Corporation; Probation; Revocation of 
Recognition.--
          (1) Any amateur sports organization or person which 
        belongs to or is eligible to belong to a national 
        governing body may seek to compel such national 
        governing body to comply with the requirements of 
        sections 201(b) and 202 of this title by filing a 
        written complaint with the Corporation. Such 
        organization or person may take such action only after 
        having exhausted all available remedies within such 
        national governing body for correcting deficiencies, 
        unless it can be shown by clear and convincing evidence 
        that those remedies would have resulted in unnecessary 
        delay. The Corporation shall establish procedures for 
        the filing and disposition of complaints received under 
        this subsection. A copy of the complaint shall also be 
        served on the applicable national governing body.
          (2) Within 30 days after the filing of the complaint, 
        the Corporation shall determine whether the 
        organization has exhausted its remedies within the 
        applicable national governing body, as provided in 
        paragraph (1) of this subsection. If the Corporation 
        determines that any such remedies have not been 
        exhausted, it may direct that such remedies be pursued 
        before the Corporation will further consider the 
        complaint.
          (3) (A) Within 90 days after the filing of a 
        complaint under par Within 90 days after the filing of 
        a complaint under paragraph (1) of this subsection, if 
        the Corporation determines that all such remedies have 
        been exhausted, it shall hold a hearing to receive 
        testimony for the purpose of determining if such 
        national governing body is in compliance with the 
        requirements of sections 201(b) and 202 of this title.
          (B) If the Corporation determines, as a result of the 
        hearings conducted pursuant to this subsection, that 
        such national governing body is in compliance with the 
        requirements of sections 201(b) and 202 of this title, 
        it shall so notify the complainant and such national 
        governing body.
          (C) If the Corporation determines, as a result of 
        hearings conducted pursuant to this subsection, that 
        such national governing body is not in compliance with 
        the requirements of sections 201(b) and 202 of this 
        title, it shall--
                  (i) place such national governing body on 
                probation for a specified period of time, not 
                to exceed 180 days, which it considers 
                necessary to enable such national governing 
                body to comply with such requirements, and 
                notify such national governing body of such 
                probation and of the actions needed to comply 
                with such requirements, or
                  (ii) revoke the recognition of such national 
                governing body.
          (D) If the Corporation places a national governing 
        body on probation pursuant to this paragraph, it may 
        extend the probationary period if the national 
        governing body has proven by clear and convincing 
        evidence that, through no fault of its own, it needs 
        additional time to comply with such requirements. If, 
        at the end of the period allowed by the Corporation, 
        the national governing body has not complied with such 
        requirements, the Corporation shall revoke the 
        recognition of such national governing body.
  (b) Replacement of Incumbent National Governing Body.--
          (1) Any amateur sports organization may seek to 
        replace an incumbent as the national governing body for 
        a particular sport by filing with the Corporation a 
        written application for such recognition. Such 
        application shall be filed (A) within the 1-year period 
        after the final day of any Olympic Games, in the case 
        of a sport for which competition is held in the 
        [Olympic Games or in both] Olympic Games or the 
        Paralympic Games, or in both the Olympic and Pan-
        American Games; or (B) within the 1-year period after 
        the final day of any Pan-American Games, in the case of 
        a sport for which competition is held in the Pan-
        American Games and not in the Olympic Games. If two or 
        more organizations file applications for the same 
        sport, such applications shall be considered in a 
        single proceeding.
          (2) Any application filed under this subsection shall 
        be filed with the Corporation by [registered] certified 
        mail. The Corporation shall establish procedures for 
        the filing and disposition of applications received 
        under this subsection. A copy of any such application 
        for recognition shall also be served on the applicable 
        national governing [body] body and with any other 
        organization that has filed an application. The 
        Corporation shall inform the applicant for recognition 
        that its application has been received.
          (3) Within 180 days after receipt of an application 
        filed under this subsection, the Corporation shall 
        conduct a formal hearing open to the public to 
        determine the merits of the application. The 
        Corporation shall publish notice of the time and place 
        of such hearing in a regular issue of its principal 
        publication at least 30 days, but not more than 60 
        days, prior to the date of the hearing. 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. 
        In the course of such hearing, the applicant and the 
        national governing body shall be given a reasonable 
        opportunity to present evidence supporting their 
        respective positions. During such hearing, the 
        applicant amateur sports organization must establish by 
        a preponderance of the evidence that it meets the 
        criteria for recognition as a national governing body 
        under section 201(b) of this title, and that--
                  (A) the national governing body does not meet 
                the criteria of section 201(b) or 202; or
                  (B) it more adequately meets the criteria of 
                section 201(b), is capable of more adequately 
                meeting the criteria of section 202, and 
                provides or is capable of providing a more 
                effective national program of competition, than 
                the national governing body in the sport for 
                which it seeks recognition.
          (4) Within 30 days of the close of the hearing 
        required under this subsection, the Corporation shall--
                  (A) uphold the right of the national 
                governing body to continue as the national 
                governing body for its sport;
                  (B) revoke the recognition of the national 
                governing body and declare a vacancy in the 
                national governing body for that sport;
                  (C) revoke the recognition of the national 
                governing body and recognize the applicant as 
                the national governing body; or
                  (D) decide to place the national governing 
                body on probation of not to exceed 180 days, 
                pending the compliance of the national 
                governing body, if such national governing body 
                would have retained recognition except for a 
                minor deficiency in one of the requirements of 
                section 201(b) or 202 of this title.
        If the national governing body does not comply within 
        the prescribed time period, the Corporation shall 
        revoke the recognition of the national governing body 
        and either recognize the applicant as the national 
        governing body, or declare a vacancy in the national 
        governing body for that sport.
          (5) Within 61 days after recognizing an amateur 
        sports organization as a national governing body, in 
        accordance with this subsection, the Corporation shall 
        recommend and support in any appropriate manner such 
        national governing body to the appropriate 
        international sports federation as the representative 
        of the United States for that sport.
  (c) Arbitration of Corporation Determinations.--
          (1) The right to review by any party aggrieved by a 
        determination of the Corporation under the requirements 
        of this section or section 201(c) shall be to any 
        regional office of the American Arbitration 
        Association. Such demand for arbitration shall be 
        submitted within 30 days of the determination of the 
        Corporation. Upon receipt of such a demand for 
        arbitration, the Association shall serve notice on the 
        parties to the arbitration and on the Corporation, and 
        shall immediately proceed with arbitration according to 
        the commercial rules of the Association in effect at 
        the time of the filing of the demand, except that--
                  (A) the arbitration panel shall consist of 
                not less than three arbitrators, unless the 
                parties to the proceeding mutually agree to a 
                lesser number;
                  (B) the arbitration hearing shall take place 
                at a site selected by the Association, unless 
                the parties to the proceeding mutually agree to 
                the use of another site; and
                  (C) the arbitration hearing shall be open to 
                the public.
          (2) The arbitrators in any arbitration are empowered 
        to settle any dispute arising under the provisions of 
        this Act prior to making a final award, if mutually 
        agreed to by the parties to the proceeding and achieved 
        in a manner not inconsistent with the constitution and 
        bylaws of the Corporation.
          (3) Each contesting party may be represented by 
        counsel or by any other duly authorized representative 
        at the arbitration proceeding. The parties may offer 
        any evidence which they desire and shall produce any 
        additional evidence as the arbitrators believe 
        necessary to an understanding and determination of the 
        dispute. The arbitrators shall be the sole judges of 
        the relevancy and materiality of the evidence offered. 
        Conformity to legal rules of evidence shall not be 
        necessary.
          (4) All decisions by the arbitrators shall be by 
        majority vote unless the concurrence of all is 
        expressly required by the contesting parties.
          (5) Final decision of the arbitrators shall be 
        binding upon the involved parties, if such award is not 
        inconsistent with the constitution and bylaws of the 
        Corporation.
          (6) The hearings may be reopened, by the arbitrators 
        upon their own motion or upon the motion of any 
        contesting party, at any time before a final decision 
        is made, except that, if any contesting party makes 
        such a motion, all parties to the decision must agree 
        to reopen the hearings if such reopening would result 
        in the arbitrators' decision being delayed beyond the 
        specific period agreed upon at the beginning of the 
        arbitration proceedings.

                                
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