[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.
---------------------------------------------------------------------------
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.