Olympic and Amateur Sports.

Sec. 142. Olympic and Amateur Sports. (a) Short Title.—This section may be cited as the “Olympic and Amateur Sports Act Amendments of 1998”. (b) Amendment of Title 36, United States Code; Title of Chapter.— (1) Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 36, United States Code. (2) Section 220501 is amended— (A) by striking “Definitions” in the heading and inserting “Title and Definitions”; (B) by inserting after the heading the following: “(a) Title.—This chapter may be cited as the ‘Ted Stevens Olympic and Amateur Sports Act’.”; and (C) by inserting “(b) Definitions.—” immediately before “For the purposes of”. (c) Definitions.—Section 220501 is amended by— (1) inserting “or paralympic sports organization” after “national governing body” in paragraph (1); (2) redesignating paragraph (7) as paragraph (8); and (3) inserting after paragraph (6) the following: “(7) ‘paralympic sports organization’ means an amateur sports organization which is recognized by the corporation under section 220521 of this title.”. (d) Purposes.—Section 220503 is amended by— (1) striking “Olympic Games” each place it appears in paragraphs (3) and (4) and inserting “Olympic Games, the Paralympic Games,”; and (2) striking paragraph (13) and inserting the following: “(13) to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes; and”. (e) Membership.—Section 220504(b) is amended by— (1) striking paragraphs (1) and (2) and inserting the following: “(1) amateur sports organizations recognized as national governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies’ Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected by their boards of directors or such other governing boards to ensure effective communication between the corporation and such national governing bodies and paralympic sports organizations; “(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years, including through provisions which—112 STAT. 2681–604 “(A) establish and maintain an Athletes’ Advisory Council composed of, and elected by, such amateur athletes to ensure communication between the corporation and such amateur athletes; and “(B) ensure that the membership and voting power held by such amateur athletes is not less than 20 percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation;”; and (2) inserting a comma and “the Paralympic Games,” after “Olympic Games” in paragraph (3). (f) Powers.— (1) General corporate powers.—Section 220505(b)(9) is amended by striking “sued; and” and inserting “sued, except that any civil action brought in a State court against the corporation and solely relating to the corporation’s responsibilities under this Act shall be removed, at the request of the corporation, to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or citizenship of the parties involved, and except that neither this paragraph nor any other provision of this chapter shall create a private right of action under this chapter; and”. (2) Powers related to amateur athletics and the olympic games.—Section 220505(c) is amended by— (A) striking “Organization;” in paragraph (2) and inserting “Organization and as its national Paralympic committee in relations with the International Paralympic Committee;”; (B) striking “Games and of” in paragraph (3) and inserting “Games, the Paralympic Games, and”; (C) striking “Games;” in paragraph (4) and inserting “Games, or as paralympic sports organizations for any sport that is included on the program of the Paralympic Games;”; and (D) striking “Games,” in paragraph (5) and inserting “Games, the Paralympic Games, the Pan-American Games, world championship competition,”. (g) Use of Olympic, Paralympic, and Pan-American Symbols.—Section 220506 is amended by— (1) striking “rings;” in subsection (a)(2) and inserting “rings, the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;”; (2) inserting “ ‘Paralympic’, Paralympiad’, ‘Pan-American’, ‘America Espirito Sport Fraternite’,” before “or any combination” in subsection (a)(4); (3) inserting a comma and “International Paralympic Committee, the Pan-American Sports Organization,” after “International Olympic Committee” in subsection (b); (4) inserting “the Paralympic team,” before “the Pan-American team” in subsection (b); (5) inserting a comma and “Paralympic, or Pan-American Games” after “any Olympic” in subsection (c)(3);112 STAT. 2681–605 (6) inserting a comma and “the International Paralympic Committee, the Pan-American Sports Organization,” after “International Olympic Committee” in subsection (c)(4); (7) inserting “AND GEOGRAPHIC REFERENCE” after “PRE-EXISTING” in subsection (d); and (8) adding at the end of subsection (d) the following: “(3) Use of the word ‘Olympic’ to identify a business or goods or services is permitted by this section where— “(A) such use is not combined with any of the intellectual properties referenced in subsections (a) or (c) of this section; “(B) it is evident from the circumstances that such use of the word ‘Olympic’ refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and “(C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial.”. (h) Resolution of Disputes.—Section 220509 is amended by— (1) inserting “(a) GENERAL.—” before “The corporation”; (2) inserting “the Paralympic Games,” before “the Pan-American Games”; (3) inserting after “the corporation.” the following: “In any lawsuit relating to the resolution of a dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, or the Pan-American Games, a court shall not grant injunctive relief against the corporation within 21 days before the beginning of such games if the corporation, after consultation with the chair of the Athletes’ Advisory Council, has provided a sworn statement in writing executed by an officer of the corporation to such court that its constitution and bylaws cannot provide for the resolution of such dispute prior to the beginning of such games.”; and (4) adding at the end thereof the following: “(b) Ombudsman.— “(1) The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman for athletes, who shall— “(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, a 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:112 STAT. 2681–606 “(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.”. (i) Agent for Service of Process.—The text of section 220510 is amended to read as follows: “As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall have a designated agent in the State of Colorado to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.”. (j) Report.— (1) Section 220511(a) is amended to read as follows: “(a) Submission to President and Congress.—The corporation shall, on or before the first day of June, 2001, and every fourth year thereafter, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding 4 years, including— “(1) a complete statement of its receipts and expenditures; “(2) a comprehensive description of the activities and accomplishments of the corporation during such 4-year period; “(3) data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies; and “(4) a description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.”. (2) The chapter analysis for chapter 2205 is amended by striking the item relating to section 220511 and inserting the following: “220511. Report.” (k) Complete Teams.— (1) General.—Subchapter I of chapter 2205 is amended by adding at the end thereof the following:112 STAT. 2681–607 “§ 220512. Complete teams “In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, and Pan-American Games, the corporation, either directly or by delegation to the appropriate national governing body or paralympic sports organization, may select, but is not obligated to select (even if not selecting will result in an incomplete team for an event), athletes who have not met the eligibility standard of the national governing body and the Corporation, when the number of athletes who have met the eligibility standards of such entities is insufficient to fill the roster for an event.”. (2) The chapter analysis for chapter 2205 is amended by inserting after the item relating to section 220511 the following: “220512. Complete teams.”. (l) Recognition of Amateur Sports Organizations.—Section 220521 is amended by— (1) striking the first sentence of subsection (a) and inserting the following: “For any sport which is included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games, the corporation is authorized to recognize as a national governing body (in the case of a sport on the program of the Olympic Games or Pan-American Games) or as a paralympic sports organization (in the case of a sport on the program of the Paralympic Games for which a national governing body has not been designated under section 220522(b)) an amateur sports organization which files an application and is eligible for such recognition in accordance with the provisions of subsections (a) or (b) of section 220522.”; (2) striking “approved.” in subsection (a) and inserting “approved, except as provided in section 220522(b) with respect to a paralympic sports organization”; (3) striking “hold a public hearing” in subsection (b) and inserting “hold at least 2 public hearings”; (4) striking “hearing.” each place it appears in subsection (b) and inserting “hearings.”; and (5) adding at the end of subsection (b) the following: “The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport.”. (m) Eligibility Requirements.—Section 220522 is amended by— (1) inserting “(a) General.—” before “An amateur”; (2) striking paragraph (4) and inserting the following: “(4) agrees to submit to binding arbitration in any controversy involving— “(A) its recognition as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and “(B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, conducted in accordance with the Commercial Rules of the American Arbitration Association, as modified and provided for in the 112 STAT. 2681–608corporation’s constitution and bylaws, except 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;”; (3) striking paragraph (10) and inserting the following: “(10) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that 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;”; (4) inserting “or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games” after “amateur status” in paragraph (14); and (5) adding at the end thereof the following: “(b) Recognition of Paralympic Sports Organizations.—For any sport which is included on the program of the Paralympic Games, the corporation is authorized to designate, where feasible and when such designation would serve the best interest of the sport, and with the approval of the affected national governing body, a national governing body recognized under subsection (a) to govern such sport. Where such designation is not feasible or would not serve the best interest of the sport, the corporation is authorized to recognize another amateur sports organization as a paralympic sports organization to govern such sport, except that, notwithstanding the other requirements of this chapter, any such paralympic sports organization— “(1) shall comply only with those requirements, perform those duties, and have those powers that the corporation, in its sole discretion, determines are appropriate to meet the objects and purposes of this chapter; and “(2) may, with the approval of the corporation, govern more than one sport included on the program of the Paralympic Games.”. (n) Authority of National Governing Bodies.—Section 220523 is amended by— (1) striking “Games and” in paragraph (6) and inserting “Games, the Paralympic Games, and”; and (2) striking “Games and” in paragraph (7) and inserting “Games, the Paralympic Games, and”. (o) Duties of National Governing Bodies.—Section 220524 is amended by— (1) redesignating paragraphs (4) through (8) as paragraphs (5) through (9); and (2) inserting after paragraph (3) the following:112 STAT. 2681–609 “(4) disseminate and distribute to amateur athletes, coaches, trainers, managers, administrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization;”. (p) Replacement of National Governing Body.—Section 220528 is amended by— (1) striking “Olympic Games or both” in subsection (c)(1)(A) and inserting “Olympic Games or the Paralympic Games, or in both”; (2) striking “registered” in subsection (c)(2) and inserting “certified”; (3) striking “body.” in subsection (c)(2) and inserting “body and with any other organization that has filed an application.”; (4) inserting “open to the public” in subsection (d) after “formal hearing” in the first sentence; (5) inserting after the second sentence in subsection (d) the following: “The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport.”; and (6) striking “title.” in subsection (f)(4) and inserting “title and notify such national governing body of such probation and of the actions needed to comply with such requirements.”. (q) Special Report to Congress.—Five years from the date of the enactment of this Act, the United States Olympic Committee shall submit a special report to the Congress on the effectiveness of the provisions of chapter 2205 of title 36, United States Code, as amended by this Act, together with any additional proposed changes to that chapter the United States Olympic Committee determines are appropriate.