-CITE-
36 USC CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
.
-HEAD-
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
-MISC1-
SUBCHAPTER I - CORPORATION
Sec.
220501. Definitions. (FOOTNOTE 1)
(FOOTNOTE 1) Section catchline amended by Pub. L. 105-277
without corresponding amendment of chapter analysis.
220502. Organization.
220503. Purposes.
220504. Membership.
220505. Powers.
220506. Exclusive right to name, seals, emblems, and badges.
220507. Restrictions.
220508. Headquarters, principal office, and meetings.
220509. Resolution of disputes.
220510. Service of process.
220511. Report. (FOOTNOTE 2)
(FOOTNOTE 2) So in original. Does not conform to section
catchline.
220512. Complete teams.
SUBCHAPTER II - NATIONAL GOVERNING BODIES
220521. Recognition of amateur sports organizations as national
governing bodies.
220522. Eligibility requirements.
220523. Authority of national governing bodies.
220524. General duties of national governing bodies.
220525. Granting sanctions for amateur athletic competitions.
220526. Restricted amateur athletic competitions.
220527. Complaints against national governing bodies.
220528. Applications to replace an incumbent national governing
body.
220529. Arbitration of corporation determinations.
AMENDMENTS
1998 - Pub. L. 105-277, div. C. title I, Sec. 142(j)(2), (k)(2),
Oct. 21, 1998, 112 Stat. 2681-606, 2681-607, substituted ''Report''
for ''Annual report'' in item 220511 and added item 220512.
-CITE-
36 USC SUBCHAPTER I - CORPORATION 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
.
-HEAD-
SUBCHAPTER I - CORPORATION
-CITE-
36 USC Sec. 220501 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220501. Title and Definitions
-STATUTE-
(a) Title. - This chapter may be cited as the ''Ted Stevens
Olympic and Amateur Sports Act''.
(b) Definitions. - For purposes of this chapter -
(1) ''amateur athlete'' means an 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, association, or other group organized in the United
States that sponsors or arranges an amateur athletic competition.
(4) ''corporation'' means the United States Olympic Committee.
(5) ''international amateur athletic competition'' means an
amateur athletic competition between one or more athletes
representing the United States, individually or as a team, and
one or more athletes representing a foreign country.
(6) ''national governing body'' means an amateur sports
organization that is recognized by the corporation under section
220521 of this title.
(7) ''paralympic sports organization'' means an amateur sports
organization which is recognized by the corporation under section
220521 of this title.
(8) ''sanction'' means a certificate of approval issued by a
national governing body.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105-277,
div. C, title I, Sec. 142(b)(2), (c), Oct. 21, 1998, 112 Stat.
2681-603.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220501 36:373. Sept. 21, 1950, ch.
975, title I, Sec.
103, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3045.
-------------------------------
In clause (3), the words ''club, federation, union'' are omitted
as unnecessary.
In clause (5), the words ''one or more athletes'' are substituted
for ''any athlete or athletes'' and for ''any athletic or
athletes'' for clarity and to correct a grammatical error.
In clause (6), a reference to section 220522 (restating 36:391(b)
and (c)) is unnecessary because section 220521 incorporates the
eligibility requirements of section 220522.
AMENDMENTS
1998 - Pub. L. 105-277, Sec. 142(b)(2)(A), substituted ''Title
and Definitions'' for ''Definitions'' in section catchline.
Subsec. (a). Pub. L. 105-277, Sec. 142(b)(2)(B), added subsec.
(a).
Subsec. (b). Pub. L. 105-277, Sec. 142(b)(2)(C), designated
existing provisions as subsec. (b) and inserted heading.
Subsec. (b)(1). Pub. L. 105-277, Sec. 142(c)(1), inserted ''or
paralympic sports organization'' after ''national governing body''.
Subsec. (b)(7), (8). Pub. L. 105-277, Sec. 142(c)(2), (3), added
par. (7) and redesignated former par. (7) as (8).
REPORT TO CONGRESS ON EFFECTIVENESS OF CHAPTER AND PROPOSED CHANGES
Pub. L. 105-277, div. C, title I, Sec. 142(q), Oct. 21, 1998,
112 Stat. 2681-609, provided that: ''Five years from the date of
the enactment of this Act (Oct. 21, 1998), 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.''
-CITE-
36 USC Sec. 220502 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220502. Organization
-STATUTE-
(a) Federal Charter. - The corporation is a federally chartered
corporation.
(b) Perpetual Existence. - Except as otherwise provided, the
corporation has perpetual existence.
(c) References to United States Olympic Association. - Any
reference to the United States Olympic Association is deemed to
refer to the United States Olympic Committee.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220502(a) 36:371 (1st Sept. 21, 1950, ch.
sentence). 975, title I, Sec.
101 (1st sentence),
formerly Sec. 1(1st
sentence), 64 Stat.
899; Nov. 8, 1978,
Pub. L. 95-606,
Sec. 1(a)(1), (2),
92 Stat. 3045.
36:372. Sept. 21, 1950, ch.
975, title I, Sec.
102, 105(a) (words
before cl. (1)
related to
perpetual
succession), as
added Nov. 8, 1978,
Pub. L. 95-606,
Sec. 1(b), 92 Stat.
3045, 3047.
220502(b) 36:375(a) (words
before cl. (1)
related to
perpetual
succession).
220502(c) 36:383. Aug. 10, 1964, Pub.
L. 88-407, 78 Stat.
383.
-------------------------------
Subsection (a) is substituted for the source provisions for
consistency in the revised title and to eliminate unnecessary and
executed words.
In subsection (b), the words ''Except as otherwise provided'' are
added, the word ''has'' is substituted for ''shall have'', and the
word ''existence'' is substituted for ''succession'', for
consistency in the revised title.
In subsection (c), the words ''The corporation known as the
United States Olympic Association, which was incorporated by this
chapter, shall be known and designated on and after August 10,
1964, as the United States Olympic Committee and'' are omitted as
executed. The words ''such corporation under the name of'' are
omitted as unnecessary. The words ''is deemed to'' are substituted
for ''shall be held to'' for clarity. The words ''such corporation
under and by the name of'' are omitted as unnecessary.
-CITE-
36 USC Sec. 220503 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220503. Purposes
-STATUTE-
The purposes of the corporation are -
(1) to establish national goals for amateur athletic activities
and encourage the attainment of those goals;
(2) to coordinate and develop amateur athletic activity in the
United States, directly related to international amateur athletic
competition, to foster productive working relationships among
sports-related organizations;
(3) to exercise exclusive jurisdiction, directly or through
constituent members of committees, over -
(A) all matters pertaining to United States participation in
the Olympic Games, the Paralympic Games, and the Pan-American
Games, including representation of the United States in the
games; and
(B) the organization of the Olympic Games, the Paralympic
Games, and the Pan-American Games when held in the United
States;
(4) to obtain for the United States, directly or by delegation
to the appropriate national governing body, the most competent
amateur representation possible in each event of the Olympic
Games, the Paralympic Games, and Pan-American Games;
(5) to promote and support amateur athletic activities
involving the United States and foreign nations;
(6) to promote and encourage physical fitness and public
participation in amateur athletic activities;
(7) to assist organizations and persons concerned with sports
in the development of amateur athletic programs for amateur
athletes;
(8) to provide 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) to 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) to provide and coordinate technical information on
physical training, equipment design, coaching, and performance
analysis;
(11) to encourage and support research, development, and
dissemination of information in the areas of sports medicine and
sports safety;
(12) to encourage and provide assistance to amateur athletic
activities for women;
(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
(14) to encourage and provide assistance to amateur athletes of
racial and ethnic minorities for the purpose of eliciting the
participation of those minorities in amateur athletic activities
in which they are underrepresented.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105-277,
div. C, title I, Sec. 142(d), 112 Stat. 2681-603.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220503 36:374. Sept. 21, 1950, ch.
975, title I, Sec.
104, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3046.
-------------------------------
Before clause (1), the word ''objects'' is omitted as included in
''purposes''.
In clause (4), the word ''competition'' is omitted as included in
''each event''.
AMENDMENTS
1998 - Pars. (3), (4). Pub. L. 105-277, Sec. 142(d)(1),
substituted ''Olympic Games, the Paralympic Games'' for ''Olympic
Games'' wherever appearing.
Par. (13). Pub. L. 105-277, Sec. 142(d)(2), added par. (13) and
struck out former par. (13) which read as follows: ''to encourage
and provide assistance to amateur athletic programs and competition
for individuals with disabilities, including, where feasible, the
expansion of opportunities for meaningful participation by
individuals with disabilities in programs of athletic competition
for able-bodied individuals; and''.
-CITE-
36 USC Sec. 220504 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220504. Membership
-STATUTE-
(a) Eligibility. - Eligibility for membership in the corporation
is as provided in the constitution and bylaws of the corporation.
(b) Required Provisions for Representation. - 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 and paralympic sports organizations in
accordance with section 220521 of this title, including through
provisions which establish and maintain a National Governing
Bodies' Council composed of representatives of the national
governing bodies and any paralympic sports organizations and
selected by their boards of directors or such other governing
boards to ensure effective communication between the corporation
and such national governing bodies and paralympic sports
organizations;
(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States in
international amateur athletic competition within the preceding
10 years, including through provisions which -
(A) establish and maintain an Athletes' Advisory Council
composed of, and elected by, such amateur athletes to ensure
communication between the corporation and such amateur
athletes; and
(B) ensure that the membership and voting power held by such
amateur athletes is not less than 20 percent of the membership
and voting power held in the board of directors of the
corporation and in the committees and entities of the
corporation;
(3) amateur sports organizations that conduct a national
program or regular national amateur athletic competition in 2 or
more sports that are included on the program of the Olympic
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 interests of the American public in the activities of the
corporation.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1467; Pub. L. 105-277,
div. C, title I, Sec. 142(e), 112 Stat. 2681-603.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220504 36:376. Sept. 21, 1950, ch.
975, title I, Sec.
106, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3048.
-------------------------------
In subsection (a), the words ''is as provided in'' are
substituted for ''shall be determined in accordance with'' for
consistency in the revised title.
AMENDMENTS
1998 - Subsec. (b)(1), (2). Pub. L. 105-277, Sec. 142(e)(1),
added pars. (1) and (2) and struck out former pars. (1) and (2)
which read as follows:
''(1) amateur sports organizations recognized as national
governing bodies under section 220521 of this title;
''(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;''.
Subsec. (b)(3). Pub. L. 105-277, Sec. 142(e)(2), inserted '', the
Paralympic Games,'' after ''Olympic Games''.
-CITE-
36 USC Sec. 220505 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220505. Powers
-STATUTE-
(a) Constitution and Bylaws. - The corporation shall adopt a
constitution and bylaws. The corporation may amend its
constitution only if the corporation -
(1) publishes, in its principal publication, a notice of the
proposed amendment, including -
(A) the substantive terms of the amendment;
(B) the time and place of the corporation's regular meeting
at which adoption of the amendment is to be decided; and
(C) a provision informing interested persons that they may
submit materials as authorized in clause (2) of this
subsection; and
(2) gives all interested persons an opportunity to submit
written comments and information for at least 60 days after
publication of notice of the proposed amendment and before
adoption of the amendment.
(b) General Corporate Powers. - The corporation may -
(1) adopt and alter a corporate seal;
(2) establish and maintain offices to conduct the affairs of
the corporation;
(3) make contracts;
(4) accept gifts, legacies, and devises in furtherance of its
corporate purposes;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) publish a magazine, newspaper, and other publications
consistent with its corporate purposes;
(8) approve and revoke membership in the corporation;
(9) sue and be 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 (FOOTNOTE 1) 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
(FOOTNOTE 1) So in original. Probably should be ''chapter''.
(10) do any other act necessary and proper to carry out the
purposes of the corporation.
(c) Powers Related to Amateur Athletics and the Olympic Games. -
The corporation may -
(1) serve as the coordinating body for amateur athletic
activity in the United States directly related 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 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, the Paralympic Games, and the Pan-American Games, and
obtain, directly or by delegation to the appropriate national
governing body, amateur representation for those games;
(4) recognize eligible amateur sports organizations as national
governing bodies for any sport that is included on the program of
the Olympic Games or the Pan-American 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 that involve
any of its members and any amateur athlete, coach, trainer,
manager, administrator, official, national governing body, or
amateur sports organization and that arise in connection with
their eligibility for and participation in the Olympic Games, the
Paralympic Games, the Pan-American Games, world championship
competition, the Pan-American world championship competition, or
other protected competition as defined in the constitution and
bylaws of the corporation; and
(6) provide financial assistance to any organization or
association, except a corporation organized for profit, in
furtherance of the purposes of the corporation.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1468; Pub. L. 105-277,
div. C, title I, Sec. 142(f), 112 Stat. 2681-604.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220505(a) 36:375(b). Sept. 21, 1950, ch.
975, title I, Sec.
105 (less (a)
(words before cl.
(1) related to
perpetual
succession)), 109,
as added Nov. 8,
1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3047, 3048.
220505(b) 36:375(a) (words
before cl. (1) less
perpetual
succession), (6)-
(10), (12)-(16).
36:379.
220505(c) 36:375(a) (words
before cl. (1) less
perpetual
succession), (1)-
(5), (11).
-------------------------------
In subsection (a), before clause (1), the words ''not
inconsistent with the laws of the United States or of any State''
are omitted as unnecessary. In clause (1), the word ''amendment''
is substituted for ''alteration'' for consistency. Before
subclause (A), the word ''general'' is omitted as unnecessary. In
subclause (B), the words ''adoption of the amendment'' are
substituted for ''the alteration'' for clarity. In clause (2), the
word ''comments'' is substituted for ''views, or arguments'' to
omit unnecessary words. The words ''a period of'' are omitted as
unnecessary.
In subsection (b), the text of 36:379 is omitted as executed and
obsolete. In clause (4), the word ''devises'' is substituted for
''devices'' to use standard contemporary spelling. In clause (5),
the words ''acquire, own, lease, encumber, and transfer'' are
substituted for ''acquire, hold, and dispose of'' for consistency
in the revised title. The words ''real and personal'' and ''may
be'' are omitted as unnecessary. The words ''to carry out the
purposes of the corporation'' are substituted for ''for its
corporate purposes'' for consistency in the revised title. In
clause (6), the words ''to carry out its corporate purposes'' are
omitted as unnecessary and for consistency in the revised title.
The words ''issue instruments of indebtedness, and secure its
obligations by granting security interests in its property'' are
substituted for ''issue notes, bonds, or other evidences of
indebtedness therefor, and secure the same by mortgage'' for
consistency in the revised title. The words ''subject in each case
to the laws of the United States or of any State'' are omitted as
unnecessary.
AMENDMENTS
1998 - Subsec. (b)(9). Pub. L. 105-277, Sec. 142(f)(1),
substituted ''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'' for ''sued; and''.
Subsec. (c)(2). Pub. L. 105-277, Sec. 142(f)(2)(A), substituted
''Organization and as its national Paralympic committee in
relations with the International Paralympic Committee;'' for
''Organization''.
Subsec. (c)(3). Pub. L. 105-277, Sec. 142(f)(2)(B), substituted
''Games, the Paralympic Games, and'' for ''Games and of''.
Subsec. (c)(4). Pub. L. 105-277, Sec. 142(f)(2)(C), substituted
''Games, or as paralympic sports organizations for any sport that
is included on the program of the Paralympic Games;'' for
''Games;''.
Subsec. (c)(5). Pub. L. 105-277, Sec. 142(f)(2)(D), substituted
''Games, the Paralympic Games, the Pan-American Games, world
championship competition,'' for ''Games,''.
-CITE-
36 USC Sec. 220506 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220506. Exclusive right to name, seals, emblems, and badges
-STATUTE-
(a) Exclusive Right of Corporation. - Except as provided in
subsection (d) of this section, the corporation has the exclusive
right to use -
(1) the name ''United States Olympic Committee'';
(2) the symbol of the International Olympic Committee,
consisting of 5 interlocking 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;
(3) 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; and
(4) the words ''Olympic'', ''Olympiad'', ''Citius Altius
Fortius'', ''Paralympic'', ''Paralympiad'', ''Pan-American'',
''America Espirito Sport Fraternite'', or any combination of
those words.
(b) Contributors and Suppliers. - The corporation may authorize
contributors and suppliers of goods or services to use the trade
name of the corporation or any trademark, symbol, insignia, or
emblem of the International Olympic Committee, International
Paralympic Committee, the Pan-American Sports Organization, or of
the corporation to advertise that the contributions, goods, or
services were donated or supplied to, or approved, selected, or
used by, the corporation, the United States Olympic team, the
Paralympic team, the Pan-American team, or team members.
(c) Civil Action for Unauthorized Use. - Except as provided in
subsection (d) of this section, the corporation may file a civil
action against a person for the remedies provided in the Act of
July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the
Trademark Act of 1946) if the person, without the consent of the
corporation, 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 described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
(3) the words described in subsection (a)(4) of this section,
or any combination or simulation of those words tending to cause
confusion or mistake, to deceive, or to falsely suggest a
connection with the corporation or any Olympic, Paralympic, or
Pan-American Games activity; or
(4) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
International Olympic Committee, the International Paralympic
Committee, the Pan-American Sports Organization, or the
corporation.
(d) Pre-Existing and Geographic Reference Rights. - (1) A person
who actually used the emblem described in subsection (a)(3) of this
section, or the words or any combination of the words described in
subsection (a)(4) of this section, for any lawful purpose before
September 21, 1950, is not prohibited by this section from
continuing the lawful use for the same purpose and for the same
goods or services.
(2) A person who actually used, or whose assignor actually used,
the words or any combination of the words described in subsection
(a)(4) of this section, or a trademark, trade name, sign, symbol,
or insignia described in subsection (c)(4) of this section, for any
lawful purpose before September 21, 1950, is not prohibited by this
section from continuing the lawful use for the same purpose and for
the same goods or services.
(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 (FOOTNOTE 1) (a) or (c) of
this section;
(FOOTNOTE 1) So in original. Probably should be ''subsection''.
(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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105-277,
div. C, title I, Sec. 142(g), 112 Stat. 2681-604.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220506(a) 36:380(c). Sept. 21, 1950, ch.
975, title I, Sec.
110, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3048.
220506(b) 36:380(b).
220506(c) 36:380(a) (1st
sentence).
220506(d) 36:380(a) (2d, last
sentences).
-------------------------------
Subsection (a)(2) and (3) is substituted for ''the symbol
described in subsection (a)(1) of this section; the emblem
described in subsection (a)(2) of this section'' because of the
reorganization of the section.
In subsection (b), the words ''or any trademark'' are substituted
for ''as well as any trademark'' to eliminate unnecessary words.
The words ''furnished . . . or for the use of'' are omitted as
unnecessary.
In subsection (c), the words ''the corporation may file a civil
action against a person'' are substituted for ''any person . . .
shall be subject to suit in a civil action by the Corporation'' for
clarity.
In subsection (d)(2), the words ''the words or any combination of
the words described in subsection (a)(4) of this section, or a
trademark, trade name, sign, symbol, or insignia described in
subsection (c)(4) of this section'' are substituted for ''any other
trademark, trade name, sign, symbol, or insignia described in
subsections (a)(3) and (4) of this section'' for clarity.
-REFTEXT-
REFERENCES IN TEXT
The Trademark Act of 1946, referred to in subsec. (c), is act
July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly
known as the Lanham Act, which is classified generally to chapter
22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title
note set out under section 1051 of Title 15 and Tables.
-MISC2-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 142(g)(1),
substituted ''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;'' for ''rings;''.
Subsec. (a)(4). Pub. L. 105-277, Sec. 142(g)(2), inserted ''
'Paralympic', 'Paralympiad', 'Pan-American', 'America Espirito
Sport Fraternite','' before ''or any combination''.
Subsec. (b). Pub. L. 105-277, Sec. 142(g)(3), (4), inserted '',
International Paralympic Committee, the Pan-American Sports
Organization,'' after ''International Olympic Committee'' and ''the
Paralympic team,'' before ''the Pan-American team''.
Subsec. (c)(3). Pub. L. 105-277, Sec. 142(g)(5), inserted '',
Paralympic, or Pan-American Games'' after ''any Olympic''.
Subsec. (c)(4). Pub. L. 105-277, Sec. 142(g)(6), inserted '', the
International Paralympic Committee, the Pan-American Sport
Organization,'' after ''International Olympic Committee''.
Subsec. (d). Pub. L. 105-277, Sec. 142(g)(7), inserted ''and
Geographic Reference'' after ''Pre-Existing'' in heading.
Subsec. (d)(3). Pub. L. 105-277, Sec. 142(g)(8), added par. (3).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 sections 1116, 1117,
1125.
-CITE-
36 USC Sec. 220507 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220507. Restrictions
-STATUTE-
(a) Profit and Stock. - The corporation may not engage in
business for profit or issue stock.
(b) Political Activities. - The corporation shall be nonpolitical
and may not promote the candidacy of an individual seeking public
office.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220507(a) 36:378. Sept. 21, 1950, ch.
975, title I, Sec.
107, 108, as added
Nov. 8, 1978, Pub.
L. 95-606, Sec.
1(b), 92 Stat.
3048.
220507(b) 36:377.
-------------------------------
In subsection (a), the words ''may not'' are substituted for
''shall have no power to'' for consistency in the revised title.
The words ''capital'', ''pecuniary'', and ''or gain'' are omitted
as unnecessary.
In subsection (b), the words ''as an organization'' are omitted
as unnecessary.
-CITE-
36 USC Sec. 220508 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220508. Headquarters, principal office, and meetings
-STATUTE-
The corporation shall maintain its principal office and national
headquarters in a place in the United States decided by the
corporation. The corporation may hold its annual and special
meetings in the places decided by the corporation.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220508 36:371 (last Sept. 21, 1950, ch.
sentence). 975, title I, Sec.
101 (last
sentence), formerly
Sec. 1 (last
sentence), 64 Stat.
899; Nov. 8, 1978,
Pub. L. 95-606,
Sec. 1(a)(3), 92
Stat. 3045.
-------------------------------
The word ''decided'' is substituted for ''as is determined'' and
for ''shall determine'' for consistency in the revised title.
-CITE-
36 USC Sec. 220509 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220509. Resolution of disputes
-STATUTE-
(a) General. - The corporation shall establish and maintain
provisions in its constitution and bylaws 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 protected competition as defined
in the constitution and bylaws of the corporation. 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) 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
(FOOTNOTE 1) 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;
(FOOTNOTE 1) So in original. The word ''a'' probably should not
appear.
(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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105-277,
div. C, title I, Sec. 142(h), 112 Stat. 2681-605.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220509 36:382b. Sept. 21, 1950, ch.
975, title I, Sec.
114, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3049.
-------------------------------
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 142(h)(1), designated
existing provisions as subsec. (a), and inserted heading.
Pub. L. 105-277, Sec. 142(h)(2), inserted ''the Paralympic
Games,'' before ''the Pan-American Games''.
Pub. L. 105-277, Sec. 142(h)(3), inserted at end ''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.''
Subsec. (b). Pub. L. 105-277, Sec. 142(h)(4), added subsec. (b).
-CITE-
36 USC Sec. 220510 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220510. Service of process
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105-277,
div. C, title I, Sec. 142(i), 112 Stat. 2681-606.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220510 36:381. Sept. 21, 1950, ch.
975, title I, Sec.
111, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3049.
-------------------------------
The words ''precedent'' and ''or conferred'' are omitted as
unnecessary. The words ''with the secretary of state or other
designated official'' are substituted for ''in the office of the
secretary of state, or similar office'' for consistency in the
revised title. The words ''post-office'' and ''authorized'' are
omitted as unnecessary. The words ''legal process'' are
substituted for ''local process'' for consistency in the revised
title.
AMENDMENTS
1998 - Pub. L. 105-277 amended text generally. Prior to
amendment, text read as follows: ''As a condition to the exercise
of any power or privilege granted by this chapter, the corporation
shall file, with the secretary of state or other designated
official of each State, the name and address of an agent in that
State on whom legal process or demands against the corporation may
be served.''
-CITE-
36 USC Sec. 220511 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220511. Annual report
-STATUTE-
(a) Submission to President and Congress. - The corporation
shall, on or before the first day of June, 2001, and every fourth
year thereafter, transmit simultaneously to the President and to
each House of Congress a detailed report of its operations for the
preceding 4 years, including -
(1) a complete statement of its receipts and expenditures;
(2) a comprehensive description of the activities and
accomplishments of the corporation during such 4-year period;
(3) data concerning the participation of women, disabled
individuals, and racial and ethnic minorities in the amateur
athletic activities and administration of the corporation and
national governing bodies; and
(4) a description of the steps taken to encourage the
participation of women, disabled individuals, and racial
minorities in amateur athletic activities.
(b) Availability to Public. - The corporation shall make copies
of the report available to interested persons at a reasonable cost.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,
div. C, title I, Sec. 142(j)(1), 112 Stat. 2681-606.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220511 36:382a(a). Sept. 21, 1950, ch.
975, title I, Sec.
113(a), as added
Nov. 8, 1978, Pub.
L. 95-606, Sec.
1(b), 92 Stat.
3049.
-------------------------------
In subsection (a)(1), the words ''full and'' are omitted as
unnecessary.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277 amended heading and text of
subsec. (a) generally. Prior to amendment, text read as follows:
''Not later than June 1 of each year, the corporation shall submit
simultaneously to the President and to each House of Congress a
detailed report of its operations during the prior calendar year,
including -
''(1) a complete statement of the corporation's receipts and
expenditures; and
''(2) a comprehensive description of the activities and
accomplishments of the corporation during the prior year.''
-CITE-
36 USC Sec. 220512 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
-HEAD-
Sec. 220512. Complete teams
-STATUTE-
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, (FOOTNOTE 1) when the
number of athletes who have met the eligibility standards of such
entities is insufficient to fill the roster for an event.
(FOOTNOTE 1) So in original. Probably should not be
capitalized.
-SOURCE-
(Added Pub. L. 105-277, div. C, title I, Sec. 142(k)(1), Oct. 21,
1998, 112 Stat. 2681-606.)
-CITE-
36 USC SUBCHAPTER II - NATIONAL GOVERNING BODIES 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
.
-HEAD-
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-CITE-
36 USC Sec. 220521 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220521. Recognition of amateur sports organizations as
national governing bodies
-STATUTE-
(a) General Authority. - 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 (FOOTNOTE 1) (a) or
(b) of section 220522. The corporation may recognize only one
national governing body for each sport for which an application is
made and approved, except as provided in section 220522(b) with
respect to a paralympic sports organization.
(FOOTNOTE 1) So in original. Probably should be ''subsection''.
(b) Public Hearing. - Before recognizing an organization as a
national governing body, the corporation shall hold at least 2
public hearings on the application. The corporation shall publish
notice of the time, place, and nature of the hearings. Publication
shall be made in a regular issue of the corporation's principal
publication at least 30 days, but not more than 60 days, before the
date of the hearings. 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.
(c) Recommendation to International Sports Federation. - Within
61 days after recognizing an organization as a national governing
body, the corporation shall recommend and support in any
appropriate manner the national governing body to the appropriate
international sports federation as the representative of the United
States for that sport.
(d) Review of Recognition. - The corporation may review all
matters related to the continued recognition of an organization as
a national governing body and may take action it considers
appropriate, including placing conditions on the continued
recognition.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,
div. C, title I, Sec. 142(l), 112 Stat. 2681-607.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220521(a) 36:391(a) (1st, 2d Sept. 21, 1950, ch.
sentences). 975, title II, Sec.
201(a), (d), 204,
205(b)(5), as added
Nov. 8, 1978, Pub.
L. 95-606, Sec. 2,
92 Stat. 3050,
3052, 3055, 3057.
220521(b) 36:391(a) (3d-last
sentences).
220521(c) 36:391(d).
36:395(b)(5).
220521(d) 36:394.
-------------------------------
In subsection (b), the words ''under the authority granted under
this subchapter and in accordance with the procedures and
requirements of this section'' are omitted as unnecessary. The
words ''public hearing'' are substituted for ''hearing open to the
public'', and the words ''for such recognition'' are omitted, to
eliminate unnecessary words.
In subsection (c), the words ''in accordance with subsection (a)
of this section'' in 36:391(d) and ''in accordance with this
subsection'' in 36:395(b)(5) are omitted as unnecessary.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 142(l)(1), inserted
first sentence and struck out former first sentence which read as
follows: ''For any sport that is included on the program of the
Olympic Games or the Pan-American Games, the corporation may
recognize as a national governing body an amateur sports
organization that files an application and is eligible under
section 220522 of this title.''
Pub. L. 105-277, Sec. 142(l)(2), substituted ''approved, except
as provided in section 220522(b) with respect to a paralympic
sports organization.'' for ''approved.''
Subsec. (b). Pub. L. 105-277, Sec. 142(l)(3)-(5), substituted
''hold at least 2 public hearings'' for ''hold a public hearing'',
substituted ''hearings.'' for ''hearing.'' in two places, and
inserted at end ''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.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 220501, 220504 of this
title.
-CITE-
36 USC Sec. 220522 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220522. Eligibility requirements
-STATUTE-
(a) General. - An amateur sports organization is eligible to be
recognized, or to continue to be recognized, as a national
governing body only if it -
(1) is incorporated under the laws of a State 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;
(2) has the managerial and financial capability to plan and
execute its obligations;
(3) submits -
(A) an application, in the form required by the corporation,
for recognition as a national governing body;
(B) a copy of its corporate charter and bylaws; and
(C) any additional information considered necessary or
appropriate by the corporation;
(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 corporation'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;
(5) demonstrates that it is autonomous in the governance of its
sport, in that it -
(A) independently decides and controls all matters central to
governance;
(B) does not delegate decision-making and control of matters
central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more than one
international sports federation that governs a sport included on
the program of the Olympic Games or the Pan-American Games;
(7) 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 any amateur sports organization that
conducts programs in the sport for which recognition is sought,
or both;
(8) 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, sex, age, or national origin, and
with fair notice and opportunity for a hearing to any amateur
athlete, coach, trainer, manager, administrator, or official
before declaring the individual ineligible to participate;
(9) is governed by a board of directors or other 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 the board
of directors or other governing board;
(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;
(11) provides for reasonable direct representation on its board
of directors or other governing board for any amateur sports
organization that -
(A) conducts a national program or regular national amateur
athletic competition in the applicable sport on a level of
proficiency appropriate for the selection of amateur athletes
to represent the United States in international amateur
athletic competition; and
(B) ensures that the representation reflects the nature,
scope, quality, and strength of the programs and competitions
of the amateur sports organization in relation to all other
programs and competitions in the sport in the United States;
(12) demonstrates that none of its officers are also officers
of any other amateur sports organization recognized as a national
governing body;
(13) provides procedures for the prompt and equitable
resolution of grievances of its members;
(14) does not have eligibility criteria related to amateur
status or to participation in the Olympic Games, the Paralympic
Games, or the Pan-American Games that are more restrictive than
those of the appropriate international sports federation; and
(15) demonstrates, if the organization is seeking to be
recognized as a national governing body, that it is prepared to
meet the obligations imposed on a national governing body under
sections 220524 and 220525 of this title.
(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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,
div. C, title I, Sec. 142(m), 112 Stat. 2681-607.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220522 36:391(b), (c). Sept. 21, 1950, ch.
975, title II, Sec.
201(b), (c), as
added Nov. 8, 1978,
Pub. L. 95-606,
Sec. 2, 92 Stat.
3050.
-------------------------------
In clause (1), the words ''a State'' are substituted for ''any of
the several States'' for consistency in the revised title.
In clause (3)(B), the words ''upon application'' are omitted as
unnecessary.
In clause (10)(B), the words ''hold at least 20 percent of the
membership and voting power on the board'' are substituted for
''the membership and voting power held . . . is not less than 20
percent of such membership and voting power held in that board of
directors or other such governing board'' to eliminate unnecessary
words.
The text of 36:391(c) is omitted as executed.
AMENDMENTS
1998 - Pub. L. 105-277, Sec. 142(m)(1), designated existing
provisions as subsec. (a) and inserted heading.
Subsec. (a)(4). Pub. L. 105-277, Sec. 142(m)(2), added par. (4)
and struck out former par. (4) which read as follows: ''agrees to
submit, on demand by the corporation, to binding arbitration
conducted in accordance with the commercial rules of the American
Arbitration Association in any controversy involving -
''(A) its recognition as a national governing body, as provided
for in section 220529 of this title; or
''(B) 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;''.
Subsec. (a)(10). Pub. L. 105-277, Sec. 142(m)(3), added par. (10)
and struck out former par. (10) which read as follows:
''demonstrates that -
''(A) its board of directors or other governing board includes
among its voting members -
''(i) individuals who are actively engaged in amateur
athletic competition in the sport for which recognition is
sought; or
''(ii) individuals who, within the prior 10 years, have
represented the United States in international amateur athletic
competition in the sport for which recognition is sought; and
''(B) the individuals described in subclause (A) of this clause
hold at least 20 percent of the membership and voting power on
the board;''.
Subsec. (a)(14). Pub. L. 105-277, Sec. 142(m)(4), inserted ''or
to participation in the Olympic Games, the Paralympic Games, or the
Pan-American Games'' after ''amateur status''.
Subsec. (b). Pub. L. 105-277, Sec. 142(m)(5), added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 220521, 220527, 220528 of
this title.
-CITE-
36 USC Sec. 220523 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220523. Authority of national governing bodies
-STATUTE-
(a) Authority. - For the sport that it governs, a national
governing body may -
(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 determining
eligibility standards for participation in competition, except
for amateur athletic competition specified in section 220526 of
this title;
(6) recommend to the corporation individuals and teams to
represent the United States in the Olympic 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, the Paralympic Games, and the Pan-American
Games) and certify, in accordance with applicable international
rules, the amateur eligibility of those individuals and teams.
(b) Replacement of National Governing Body Pursuant to
Arbitration. - A national governing body may not exercise any
authority under subsection (a) of this section for a particular
sport after another amateur sports organization has been declared
(in accordance with binding arbitration proceedings prescribed by
the organic documents of the corporation) entitled to replace that
national governing body as the member of the corporation for that
sport.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1473; Pub. L. 105-277,
div. C, title I, Sec. 142(n), 112 Stat. 2681-608.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220523(a) 36:393. Sept. 21, 1950, ch.
975, title II, Sec.
203, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 2, 92
Stat. 3054.
220523(b) 36:393 note. July 8, 1980, Pub.
L. 96-304, title I
(last sentence
related to
limitation on
exercise of
authority in par.
under heading
''Salaries and
Expenses''), 94
Stat. 898.
-------------------------------
In subsection (b), the words ''national governing body'' are
omitted (the first time they appear) to eliminate unnecessary
words. The reference to ''subsection (a) of this section'' is
substituted for ''section 203 of Public Law 95-606 as hereby
amended'' because of the restatement. The word ''corporation'' is
substituted for ''Committee'' because of the definition of
''corporation'' in section 220501 of this title.
AMENDMENTS
1998 - Subsec. (a)(6), (7). Pub. L. 105-277, which directed
substitution of ''Games, the Paralympic Games, and'' for ''Games
and'' in pars. (6) and (7) of this section, was executed by making
the substitution in pars. (6) and (7) of subsec. (a) to reflect the
probable intent of Congress.
-CITE-
36 USC Sec. 220524 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220524. General duties of national governing bodies
-STATUTE-
For the sport that it governs, a national governing body shall -
(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 amateur athletes informed of policy matters and
reasonably reflect the views of the athletes in its policy
decisions;
(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;
(5) allow an amateur athlete to compete in any international
amateur athletic competition conducted by any amateur sports
organization or person, unless the national governing body
establishes that its denial is based on evidence that the
organization or person conducting the competition does not meet
the requirements stated in section 220525 of this title;
(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
individuals with disabilities and the participation of
individuals with disabilities in amateur athletic activity,
including, where feasible, the expansion of opportunities for
meaningful participation by individuals with disabilities 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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 105-277,
div. C, title I, Sec. 142(o), 112 Stat. 2681-608.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220524 36:392(a)(1)-(3), Sept. 21, 1950, ch.
(5)-(9). 975, title II, Sec.
202(a)(1)-(3), (5)-
(9), as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 2, 92
Stat. 3052.
-------------------------------
In clause (4), the word ''by'' is substituted for ''under its
auspices or that of . . . other'' for clarity and to eliminate
unnecessary words. The words ''the national governing body'' are
substituted for ''it'' for clarity.
AMENDMENTS
1998 - Pars. (4) to (9). Pub. L. 105-277, added par. (4) and
redesignated former pars. (4) to (8) as (5) to (9), respectively.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 220522, 220527, 220528 of
this title.
-CITE-
36 USC Sec. 220525 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220525. Granting sanctions for amateur athletic competitions
-STATUTE-
(a) Prompt Review and Decision. - For the sport that it governs,
a national governing body promptly shall -
(1) review a request by an amateur sports organization or
person for a sanction to hold an international amateur athletic
competition in the United States or to sponsor United States
amateur athletes to compete in international amateur athletic
competition outside the United States; and
(2) grant the sanction if -
(A) the national governing body does not decide by clear and
convincing evidence that holding or sponsoring an international
amateur athletic competition would be detrimental to the best
interest of the sport; and
(B) the requirements of subsection (b) of this section are
met.
(b) Requirements. - An amateur sports organization or person may
be granted a sanction under this section only if the organization
or person meets the following requirements:
(1) The organization or person must pay the national governing
body any required sanctioning fee, if the fee is reasonable and
nondiscriminatory.
(2) For a sanction to hold an international amateur athletic
competition in the United States, the organization or person must
-
(A) submit to the national governing body an audited or
notarized financial report of similar events, if any, conducted
by the organization or person; and
(B) demonstrate that the requirements of paragraph (4) of
this subsection have been met.
(3) For a sanction to sponsor United States amateur athletes to
compete in international amateur athletic competition outside the
United States, the organization or person must -
(A) submit a report of the most recent trip to a foreign
country, if any, that the organization or person sponsored for
the purpose of having United States amateur athletes compete in
international amateur athletic competition; and
(B) submit a letter from the appropriate entity that will
hold the international amateur athletic competition certifying
that the requirements of paragraph (4) of this subsection have
been met.
(4) The requirements referred to in paragraphs (2) and (3) of
this subsection are that -
(A) 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;
(B) appropriate provision has been made for validation of any
records established during the competition;
(C) due regard has been given to any international amateur
athletic requirements specifically applicable to the
competition;
(D) the competition will be conducted by qualified officials;
(E) proper medical supervision will be provided for athletes
who will participate in the competition; and
(F) proper safety precautions have been taken to protect the
personal welfare of the athletes and spectators at the
competition.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1474.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220525(a)(1) 36:392(a)(4). Sept. 21, 1950, ch.
975, title II, Sec.
202(a)(4), (b), as
added Nov. 8, 1978,
Pub. L. 95-606,
Sec. 2, 92 Stat.
3052, 3053.
220525(a) (2)(A) 36:392(b) (words
before cl. (1)).
220525(a) (2)(B) (no source).
220525(b) (words 36:392(b)(1) (words
before par. (1)) before subcl. (A)),
(2) (words before
subcl. (A)).
220525(b)(1) 36:392(b)(1)(A),
(2)(A).
220525(b) (2)(A) 36:392(b)(1)(C).
220525(b) (2)(B) 36:392(b)(1)(B)
(words before
subcl. (i)).
220525(b) (3)(A) 36:392(b)(2)(C).
220525(b) (3)(B) 36:392(b)(2)(B)
(words before
subcl. (i)).
220525(b)(4) 36:392(b)(1)(B)(i)-
(vi), (2)(B)(i)-
(vi).
-------------------------------
In subsection (a), the words ''and determine whether to grant
such sanction, in accordance with the provisions of subsection (b)
of this section'' and ''As a result of its review under subsection
(a)(4) of this section'' are omitted as unnecessary. Clause (2)(B)
is added because of the reorganization of the section.
In subsection (b), the language before paragraph (1) is
substituted for 36:392(b)(1) (words before subclause (A)) and (2)
(words before subclause (A)) because of the reorganization of the
section. Paragraph (1) is substituted for 36:392(b)(1)(A) and
(2)(A), and paragraph (4) is substituted for
36:392(b)(1)(B)(i)-(vi) and (2)(B)(i)-(vi), to avoid repeating
identical language.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 220522, 220524, 220527,
220528 of this title.
-CITE-
36 USC Sec. 220526 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220526. Restricted amateur athletic competitions
-STATUTE-
(a) Exclusive Jurisdiction. - An amateur sports organization that
conducts amateur athletic competition shall have exclusive
jurisdiction over that competition if participation is restricted
to a specific class of amateur athletes, such as high school
students, college students, members of the Armed Forces, or similar
groups or categories.
(b) Sanctions for International Competition. - An amateur sports
organization under subsection (a) of this section shall obtain a
sanction from the appropriate national governing body if the
organization wishes to -
(1) conduct international amateur athletic competition in the
United States; or
(2) sponsor international amateur athletic competition to be
held outside the United States.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1475.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220526(a) 36:396 (1st Sept. 21, 1950, ch.
sentence). 975, title II, Sec.
206, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 2, 92
Stat. 3058.
220526(b) 36:396 (last
sentence).
-------------------------------
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 220523 of this title.
-CITE-
36 USC Sec. 220527 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220527. Complaints against national governing bodies
-STATUTE-
(a) General. - (1) An amateur sports organization or person that
belongs to or is eligible to belong to a national governing body
may seek to compel the national governing body to comply with
sections 220522, 220524, and 220525 of this title by filing a
written complaint with the corporation. A copy of the complaint
shall be served on the national governing body.
(2) The corporation shall establish procedures for the filing and
disposition of complaints under this section.
(b) Exhaustion of Remedies. - (1) An organization or person may
file a complaint under subsection (a) of this section only after
exhausting all available remedies within the 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.
(2) Within 30 days after a complaint is filed, the corporation
shall decide whether the organization or person has exhausted all
available remedies as required by paragraph (1) of this
subsection. If the corporation determines that the remedies have
not been exhausted, it may direct that the remedies be pursued
before the corporation considers the complaint further.
(c) Hearings. - If the corporation decides that all available
remedies have been exhausted as required by subsection (b)(1) of
this section, it shall hold a hearing, within 90 days after the
complaint is filed, to receive testimony to decide whether the
national governing body is complying with sections 220522, 220524,
and 220525 of this title.
(d) Disposition of Complaint. - (1) If the corporation decides,
as a result of the hearing, that the national governing body is
complying with sections 220522, 220524, and 220525 of this title,
it shall so notify the complainant and the national governing body.
(2) If the corporation decides, as a result of the hearing, that
the national governing body is not complying with sections 220522,
220524, and 220525 of this title, it shall -
(A) place the national governing body on probation for a
specified period of time, not to exceed 180 days, which the
corporation considers necessary to enable the national governing
body to comply with those sections; or
(B) revoke the recognition of the national governing body.
(3) If the corporation places a national governing body on
probation under paragraph (2) of this subsection, 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 sections 220522, 220524, and
220525 of this title. If, at the end of the period allowed by the
corporation, the national governing body has not complied with
those sections, the corporation shall revoke the recognition of the
national governing body.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1476.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220527(a)(1) 36:395(a)(1) (1st, Sept. 21, 1950, ch.
last sentences). 975, title II, Sec.
205(a), as added
Nov. 8, 1978, Pub.
L. 95-606, Sec. 2,
92 Stat. 3055.
220527(a)(2) 36:395(a)(1) (3d
sentence).
220527(b)(1) 36:395(a)(1) (2d
sentence).
220527(b)(2) 36:395(a)(2).
220527(c) 36:395(a)(3)(A).
220527(d) 36:395(a)(3)(B)-(D).
-------------------------------
In subsection (b)(2), the words ''or person'' are added for
clarity and consistency in the section. The words ''all available
remedies'' are substituted for ''its remedies'' for consistency
with subsection (b)(1) of this section. The words ''within the
applicable national governing body'' are omitted as unnecessary.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 220529 of this title.
-CITE-
36 USC Sec. 220528 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220528. Applications to replace an incumbent national
governing body
-STATUTE-
(a) General. - An amateur sports organization may seek to replace
an incumbent as the national governing body for a particular sport
by filing a written application for recognition with the
corporation.
(b) Establishment of Procedures. - The corporation shall
establish procedures for the filing and disposition of applications
under this section. If 2 or more organizations file applications
for the same sport, the applications shall be considered in a
single proceeding.
(c) Filing Procedures. - (1) An application under this section
must be filed within one year after the final day of -
(A) any Olympic Games, for a sport in which competition is held
in the Olympic Games or the Paralympic Games, or in both the
Olympic and Pan-American Games; or
(B) any Pan-American Games, for a sport in which competition is
held in the Pan-American Games but not in the Olympic Games.
(2) The application shall be filed with the corporation by
certified mail, and a copy of the application shall be served on
the national governing body and with any other organization that
has filed an application. The corporation shall inform the
applicant that its application has been received.
(d) Hearings. - Within 180 days after receipt of an application
filed under this section, 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 the hearing in a regular issue of its principal
publication at least 30 days, but not more than 60 days, before the
date of the hearing. 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. In the hearing, the
applicant and the national governing body shall be given a
reasonable opportunity to present evidence supporting their
positions.
(e) Standards for Granting Applications. - In the hearing, the
applicant must establish by a preponderance of the evidence that -
(1) it meets the criteria for recognition as a national
governing body under section 220522 of this title; and
(2)(A) the national governing body does not meet the criteria
of section 220522, 220524, or 220525 of this title; or
(B) the applicant more adequately meets the criteria of section
220522 of this title, is capable of more adequately meeting the
criteria of sections 220524 and 220525 of this title, 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.
(f) Disposition of Applications. - Within 30 days after the close
of the hearing required by this section, the corporation shall -
(1) uphold the right of the national governing body to continue
as the national governing body for its sport;
(2) revoke the recognition of the national governing body and
declare a vacancy in the national governing body for that sport;
(3) revoke the recognition of the national governing body and
recognize the applicant as the national governing body; or
(4) place the national governing body on probation for a period
not exceeding 180 days, pending the compliance of the national
governing body, if the national governing body would have
retained recognition except for a minor deficiency in one of the
requirements of section 220522, 220524, or 220525 of this title
and notify such national governing body of such probation and of
the actions needed to comply with such requirements.
(g) Revocation of Recognition After Probation. - If the national
governing body does not comply with sections 220522, 220524, and
220525 of this title within the probationary period prescribed
under subsection (f)(4) of this section, the corporation shall
revoke the recognition of the national governing body and either -
(1) recognize the applicant as the national governing body; or
(2) declare a vacancy in the national governing body for that
sport.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 105-277,
div. C, title I, Sec. 142(p), 112 Stat. 2681-609.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220528(a) 36:395(b)(1) (1st Sept. 21, 1950, ch.
sentence). 975, title II, Sec.
205(b)(1)-(4), as
added Nov. 8, 1978,
Pub. L. 95-606,
Sec. 2, 92 Stat.
3056.
220528(b) 36:395(b)(1) (last
sentence), (2) (2d
sentence).
220528(c)(1) 36:395(b)(1) (2d
sentence).
220528(c)(2) 36:395(b)(2) (1st,
3d, last
sentences).
220528(d) 36:395(b)(3) (1st-3d
sentences).
220528(e) 36:395(b)(3) (last
sentence).
220528(f) 36:395(b)(4) (1st
sentence).
220528(g) 36:395(b)(4) (last
sentence).
-------------------------------
In subsection (c)(2), the word ''also'' is omitted as
unnecessary.
In subsection (d), the words ''course of such'' and
''respective'' are omitted as unnecessary.
In subsection (e), before clause (1), the words ''amateur sports
organization'' are omitted as unnecessary. In clause (2)(B), the
words ''the applicant'' are substituted for ''it'' for clarity.
In subsection (f), before clause (1), the word ''after'' is
substituted for ''of'' for consistency in the revised title. In
clause (4), the words ''decide to'' are omitted as unnecessary.
The words ''for a period not exceeding'' are substituted for ''of
not to exceed'' for clarity.
In subsection (g), before clause (1), the words ''with sections
220522, 220524, and 220525 of this title'' are added, and the words
''probationary period prescribed under subsection (f)(4) of this
section'' are substituted for ''prescribed time period'', for
clarity.
AMENDMENTS
1998 - Subsec. (c)(1)(A). Pub. L. 105-277, Sec. 142(p)(1),
substituted ''Olympic Games or the Paralympic Games, or in both''
for ''Olympic Games or both''.
Subsec. (c)(2). Pub. L. 105-277, Sec. 142(p)(2), (3), substituted
''certified'' for ''registered'' and substituted ''body and with
any other organization that has filed an application.'' for
''body.''
Subsec. (d). Pub. L. 105-277, Sec. 142(p)(4), (5), inserted
''open to the public'' after ''formal hearing'' and inserted after
second sentence ''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.''
Subsec. (f)(4). Pub. L. 105-277, Sec. 142(p)(6), substituted
''title and notify such national governing body of such probation
and of the actions needed to comply with such requirements.'' for
''title.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 220529 of this title.
-CITE-
36 USC Sec. 220529 01/02/01
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER II - NATIONAL GOVERNING BODIES
-HEAD-
Sec. 220529. Arbitration of corporation determinations
-STATUTE-
(a) Right to Review. - A party aggrieved by a determination of
the corporation under section 220527 or 220528 of this title may
obtain review by any regional office of the American Arbitration
Association.
(b) Procedure. - (1) A demand for arbitration must be submitted
within 30 days after the determination of the corporation.
(2) On receipt of 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 the demand is filed, except that -
(A) the arbitration panel shall consist of at least 3
arbitrators, unless the parties to the proceeding 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 agree to
the use of another site; and
(C) the arbitration hearing shall be open to the public.
(3) A decision by the arbitrators shall be by majority vote
unless the concurrence of all arbitrators is expressly required by
the contesting parties.
(4) Each party may be represented by counsel or by any other
authorized representative at the arbitration proceeding.
(5) The parties may offer any evidence they desire and shall
produce any additional evidence the arbitrators believe is
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 is not necessary.
(c) Settlement. - The arbitrators may settle a dispute arising
under this chapter before making a final award, if agreed to by the
parties and achieved in a manner not inconsistent with the
constitution and bylaws of the corporation.
(d) Binding Nature of Decision. - Final decision of the
arbitrators is binding on the parties if the award is not
inconsistent with the constitution and bylaws of the corporation.
(e) Reopening Hearings. - (1) At any time before a final decision
is made, the hearings may be reopened by the arbitrators on their
own motion or on the motion of a party.
(2) If the reopening is based on the motion of a party, and if
the reopening would result in the arbitrators' decision being
delayed beyond the specific period agreed to at the beginning of
the arbitration proceedings, all parties to the decision must agree
to reopen the hearings.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1478.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220529(a) 36:395(c)(1) (1st Sept. 21, 1950, ch.
sentence). 975, title II, Sec.
205(c), as added
Nov. 8, 1978, Pub.
L. 95-606, Sec. 2,
92 Stat. 3057.
220529(b)(1) 36:395(c)(1) (2d
sentence).
220529(b)(2) 36:395(c)(1) (last
sentence).
220529(b)(3) 36:395(c)(4).
220529(b)(4) 36:395(c)(3) (1st
sentence).
220529(b)(5) 36:395(c)(3) (2d,
last sentences).
220529(c) 36:395(c)(2).
220529(d) 36:395(c)(5).
220529(e) 36:395(c)(6).
-------------------------------
In subsection (a), the reference to 36:391(c) is omitted because
36:391(c) is omitted as executed. See the revision note for
section 220522 of the revised title. The words ''may obtain review
by'' are substituted for ''The right to review . . . shall be to''
for clarity.
In subsection (b)(2)(A) and (B), the word ''mutually'' is omitted
as unnecessary.
In subsection (b)(4), the word ''duly'' is omitted as
unnecessary.
In subsection (c), the words ''in any arbitration'', ''the
provisions of'', ''mutually'', and ''to the proceeding'' are
omitted as unnecessary.
In subsection (d), the word ''involved'' is omitted as
unnecessary.
In subsection (e), the word ''contesting'' is omitted as
unnecessary.
In subsection (e)(2), the words ''the reopening is based on the
motion of a party'' are substituted for ''any contesting party
makes such a motion'' for clarity.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 220522 of this title.
-CITE-