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V' .• ..V .<•".•';>• >" .,••• .'->'j- ^•'^:<. •. .N> ••>. ^ ^•^ •••M-^ : >. ••':•. *. .< '•^-f' •V r *> /. 0-' r .;- .N ••-'•.l'< '•>.,'« j.'^ •-<• .V . ..•••.•:• , • f.'i'. ^V' •>. • ^^ • , i I 0^' . •'.'.! •>'•. c V <• AMATEUR SPORTS ACT OF 1978 HEARINGS BEFORE THE SUBCOMMIHEE ON ADMINISTRATIVE LAW AND GOVEKNMENTAL RELATIONS OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIYES NINETY-FIFTH CONGRESS SECOND SESSION ON H.R. 12626 and H.R. 12920 TO PROMOTE AND COORDINATE AMATEUR ATHLETIC ACTIV- ITY IN THE UNITED STATES, TO RECOGNIZE CERTAIN RIGHTS FOR UNITED STATES AMATEUR ATHLETES, TO PROVIDE FOR THE RESOLUTION OF DISPUTES INVOLVING NATIONAL GOV- ERNING BODIES, AND FOR OTHER PURPOSES JUNE 21 AND 22, 19T8 Serial No. 49 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 32-619 0 WASHINGTON : 1978 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jeraey. Chairman JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California CHARLES E. WIGGINS, CaUfomia JOHN CONYERS, JK., Michigan HAMILTON FISH, JR., New York JOSHUA EILBERG, Pennsylvania M. CALDWELL BUTLER, Virginia WALTER FLOWERS, Alabama WILUAM S. COHEN, Maine JAMES R. MANN, South Carolina CARLOS J. MOORHEAD, California JOHN F. SEIBERUNG, Ohio JOHN M. ASHBROOK, Ohio GEORGE E. DANIELSON, California HENRY J. HYDE. Illinois ROBERT F. DRINAN, Massachusetts THOMAS N. KINDNESS, Ohio BARBARA JORDAN, Texas HAROLD S. SAWYER, Michigan ELIZABETH HOLTZMAN, New York ROMANO L. MAZZOU, Kentucky WILUAM J. HUGHES, New Jersey SAM B. HALL, JR., Texas LAMAR GUDGER, North Carolina HAROLD L. VOLKMER, Missouri HERBERT E. HARRIS II, Virginia JIM SANTINI, Nevada ALLEN E. ERTEL, Pennsylvania BILLY LEE EVANS, Georgia ANTHONY C. BEILENSON, California ALAN A. PARKER, General Counsel GARNER J. CUNE, Staff Director FRANKUN G. POLK, Associate Counsel SUBCOMMITTEE ON AOMINISTRATIVK LAW AND GOVERNMENTAL RELATIONS GEORGE E. DANIELSON, California, Chairman WALTER FLOWERS, Alabama CARLOS J. MOORHEAD, California BARBARA JORDAN, Texas THOMAS N. KINDNESS. Ohio ROMANO L. MAZZOLI, Kentucky HERBERT E. HARRIS 0, Virginia WiLUAM P. SHATTUCK, Counsel JAMES H. LAUER, Jr., Assistant Counsel ALAN F. COFFEY, Jr., Associate Counsel OB) LC 79-6oo7^S~ CONTENTS V 55 Page HEARINGS HELD June 21, 1978 1 June 22, 1978 173 WITNESSES Cassell, Olin, executive director, Amateur Athletic Union 82 Conrad, C. Carson, Executive Director, President's Council on Physical Fitness and Sports 23 Prepared statement 29 Darman, Jeff 8., president, Road Runners Club of America 121 Prepared statement 94 Davenport, Willie 42 Prepared statement 33 Ferrell, Joe, president, Amateur Athletic Union 82 Prepared statement 90 FVitz, Dr. Harry G., Executive Secretary, National Association of Inter- collegiate Athletics 272 Prepared statement 273 Helmick, Robert, International Swimming Federation 210 Holum, Diane, coach, 1976 Olympic speed skating team 39 Prepared statement 34 Kane, Robert, president, U.S. Olympic Committee 190 Prepared statement 191 McEwen, Robert C, a Representative in Congress From the State of New York.. 185 Maggard, David L., director of athletics. University of California at Berkeley .. 57 Prepared statement 57 Metcalfe, Hon. Ralph, a Representative in Congress from the State of Illinois 1 Michel, Hon. Robert H., a Representative in Congress from the State of Illinois „ 4 Prepared statement 4 Miller, F. Donald, executive director, U.S. Olympic Committee 190 Mineta, Norman Y., a Representative in Congress from the State of California .. 14 Prepared statement 14 Mushier, Carole, presidentelect, Association for Intercollegiate Athletics for Women 275 Prepared statement 276 Naber, John 44 Peters, Joseph D., president. Real Sports, Inc 281 Prepareii statement 282 Polivy Margot, counsel, Association for Intercollegiate Athletics for Women .... 275 Scott, Michael, counsel, National Collegiate Athletic Association 57 Stevens, Hon. Ted, a U.S. Senator from the State of Alaska 173 ^ Prepared statement 174 wJThomson, Dr. Scott, deputy director. National Association of Secondary School *^ Principals 281 jWilliams, Edward G., chairman. Athletes Advisory Council 224 •J Prepared statement 228 Co "'" •V (IV) ADDITIONAL MATERIAL Hurley, Kenneth, executive secretary/treasurer, American Bowling Congress, prepared statement 170 Kemp, Hon. Jack, a Representative in Congress from the State of New York, prepared statement 288 List of the national smd international governing bodies 9 Quayle, Hon. Dan, a Representative in Congress from the State of Indiana, prepared statement 32 Text of H.R. 12626 10 Walker, LeRoy T., immediate past president, American Alliance for Health, Physical Education, and Recreation, prepared statement 169 AMATEUR SPORTS ACT OF 1978 WEDNESDAY, JUNE 21, 1978 UNITED STATES HOUSE OF REPRESE>rrATivES, SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENTAL RELATIONS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met at 9:30 a.m. in room 2237 of the Rayburn House Office Building, Hon. George E. Danielson (chairmsm of the subcommittee), presiding. Present: Representatives Danielson, Mazzoli, Moorhead, and Kindness. Staff present: William P. Shattuck, counsel; James H. Lauer, Jr., assistant counsel; Alan F. Coffey, Jr., associate counsel; and Flor- ence McGrady, clerk. Mr. DANIELSON. The hour of 9:30 having arrived, the subcommit- tee will come to order. Our business for today is the bill H.R. 12626 and related bills, together with S. 2727, all of which are bills to amend the law to promote and coordinate amateur athletic activity in the United States, to recognize certain rights for the U.S. amateur athletes, to provide for the resolution of disputes involving nationeil governing bodies, and for other purposes. We are very fortunate this morning to have some outstanding witnesses on this subject, not just being outstanding, but knowing something about amateur athletics as well. And my list says I should recognize, first of all, the distinguished gentleman from Illinois, Mr. Ralph Metcalfe, an Olympic athletic of great renown. Mr. Metcalfe, please present your testimony. TESTIMONY OF HON. RALPH H. METCALFE, A REPRESENTA- TIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. METCALFE. Thank you, Mr. Chairman. As a former Olympics participemt who has maintained his inter- est in amateur athletics, I welcome this opportunity to testify before this subcommittee in favor of H.R. 12626, the Amateur Sports Act of 1978. I cosponsored this bill. For over a decade I have been actively involved in efforts to resolve disputes relating to the conduct, development, and protec- tion of amateur athletics. In the midsixties, I served as a member of the National Sports Arbitration Board. Other members of that Board were Theodore Kheel, nationally known arbitrator who was Chairman; Archibald Cox, former Solicitor General during the (1) Kennedy and Johnson administrations and later Special Prosecu- tor; Thomas Vail, publisher of the Cleveland Plain Dealer; and Gen. David Shoup. The Board was appointed by then Vice Presi- dent Hubert Humphrey. In 1975, President Gerald Ford established the President's Com- mission on Olympic Sports. This Commission was charged with the task of determining the best method to correct those problems which prevent our amateur athletes from realizing their full poten- tial in international competition. I had the pleasure of serving as a commissioner on the Presi- dent's Commission on Olympic Sports. Other commissioners includ- ed my distinguished House colleagues who are with me today: Congressmen Jack Kemp, Norman Mineta, and Robert Michel; Senators Beall, Culver, Stevens, and Stone; and notables from the sports world, as well. It was my privilege to work with these individuals. They conduct- ed numerous hearings throughout the coimtry, sought the advice and input of many athletes, and various scholastic and collegiate sports groups, in their attempt to identify the problems and draft solutions to those problems. Their expertise was crucial to the formation of recommendations which are found in the final report. In a very real sense, this bill is the culmination of the efforts of the President's Commission on Olympic Sports. In January 1978, the Commission issued its final report high- lighting the problems of amateur sports competition and offering solutions to those problems. The Commission report compared the situation prevailing in amateur sports with the condition this Nation found iteelf confront- ing following the Revoluntionary War. Historian Carl Van Doren characterized our country as "* * * a loose alliance of separate and quarreling nations * • * bristling with sovereignty or absorbed in their own concern." There is no more apt description of the state of amateur athletics in this country. Over the years amateur sports has been punctuated by rival jurisdictional quibbling and squabbling among the various sports bodies, a lack of definitive policy and direction, a lack of common purpose, and the lack
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