§ 220504. Membership

Statutory text

Eligibility.—

Eligibility for membership in the corporation is as provided in the constitution and bylaws of the corporation, and membership shall be available only to national governing bodies.

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—

national governing bodies, including through provisions that establish and maintain a National Governing Bodies’ Council that is composed of representatives of the national governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication between the corporation and the national governing bodies;

amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that—

establish and maintain an Athletes’ Advisory Council;

ensure that the chair of the Athletes’ Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation;

require that—

not less than ⅓ of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and

not less than 20 percent of the membership of the board of directors of the corporation shall be composed of amateur athletes who—

are actively engaged in representing the United States in international amateur athletic competition; or

have represented the United States in international amateur athletic competition during the preceding 10-year period; and

ensure that the membership and voting power held by such amateur athletes is not less than ⅓ of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;

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, the Pan-American Games, or the Parapan 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

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.

Conflict of Interest.—

An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation.

Certification Requirements.—

The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1998
Pub. L. 105–225 · 112 Stat. 1253
Enacted · 36 U.S.C. § 220504
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467
1998
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(e)(1) · 112 Stat. 2681
1. Added · 36 U.S.C. § 220504(b)(1); 36 U.S.C. § 220504(b)(2)
  Pub. L. 105–277, § 142(e)(1), added pars. (1) and (2)
2. Struck · 36 U.S.C. § 220504(b)(1); 36 U.S.C. § 220504(b)(2)
  Pub. L. 105–277, § 142(e)(1), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
Subsec. (b)(1), (2). Pub. L. 105–277, § 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;”.
Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.
1998
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(e)(2) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220504(b)(3)
Pub. L. 105–277, § 142(e)(2), inserted “, the Paralympic Games,” after “Olympic Games”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 105–277, § 142(e)(2), inserted “, the Paralympic Games,” after “Olympic Games”.
Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 6(b)(1) · 134 Stat. 943
Inserted · 36 U.S.C. § 220504(a)
Pub. L. 116–189, § 6(b)(1), inserted “, and membership shall be available only to national governing bodies” before period at end
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–189, § 6(b)(1), inserted “, and membership shall be available only to national governing bodies” before period at end.
Enacted provision · exact public law section
(1) in subsection (a), by inserting “, and membership shall be available only to national governing bodies” before the period at the end;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(a)(2)(A)(i) · 134 Stat. 943
Amended · 36 U.S.C. § 220504(b)(1)
Pub. L. 116–189, § 7(a)(2)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 116–189, § 7(a)(2)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”.
Enacted provision · exact public law section
(i) in section 220504(b), by amending paragraph (1) to read as follows: “(1) national governing bodies, including through provisions that establish and maintain a National Governing Bodies’ Council that is composed of representatives of the national governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication between the corporation and the national governing bodies;” ;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 6(b)(2) · 134 Stat. 943
Amended · 36 U.S.C. § 220504(b)(2)
Pub. L. 116–189, § 6(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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—
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 116–189, § 6(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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;”.
Enacted provision · exact public law section
(2) in subsection (b), by amending paragraph (2) to read as follows: “(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that— “(A) establish and maintain an Athletes’ Advisory Council; “(B) ensure that the chair of the Athletes’ Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation; “(C) require that— “(i) not less than ⅓ of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and “(ii) not less than 20 percent of the membership of the board of directors of the corporation shall be composed of amateur athletes who— “(I) are actively engaged in representing the United States in international amateur athletic competition; or “(II) have represented the United States in international amateur athletic competition during the preceding 10-year period; and “(D) ensure that the membership and voting power held by such amateur athletes is not less than ⅓ of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;” ; and
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(4) · 134 Stat. 943
Substituted · 36 U.S.C. § 220504(b)(3)
Pub. L. 116–189, § 4(a)(4), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 116–189, § 4(a)(4), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games”.
Enacted provision · exact public law section
(4) in section 220504(b)(3), by striking “or the Pan-American Games” and inserting “the Pan-American Games, or the Parapan American Games”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 6(b)(3) · 134 Stat. 943
Added · 36 U.S.C. § 220504(c); 36 U.S.C. § 220504(d)
Pub. L. 116–189, § 6(b)(3), added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 116–189, § 6(b)(3), added subsecs. (c) and (d).
Enacted provision · exact public law section
(3) by adding at the end the following: “(c) Conflict of Interest.— An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation. “(d) Certification Requirements.— The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.” .

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
220504	36:376.	Sept. 21, 1950, ch. 975, title I, § 106, as added Nov. 8, 1978, Pub. L. 95–606, § 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.

Editorial Notes

Amendments1998–2020 · 2 rounds

2020

Subsec. (a). Pub. L. 116–189, § 6(b)(1), inserted “, and membership shall be available only to national governing bodies” before period at end.

Subsec. (b)(1). Pub. L. 116–189, § 7(a)(2)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”.

Subsec. (b)(2). Pub. L. 116–189, § 6(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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;”.

Subsec. (b)(3). Pub. L. 116–189, § 4(a)(4), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games”.

Subsecs. (c), (d). Pub. L. 116–189, § 6(b)(3), added subsecs. (c) and (d).

1998

Subsec. (b)(1), (2). Pub. L. 105–277, § 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, § 142(e)(2), inserted “, the Paralympic Games,” after “Olympic Games”.

Credits

1998–2020 · 3 acts

1998Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467
1998Pub. L. 105–277, div. C, title I, § 142(e), Oct. 21, 1998, 112 Stat. 2681–603
2020Pub. L. 116–189, §§ 4(a)(4), 6(b), 7(a)(2)(A)(i), Oct. 30, 2020, 134 Stat. 945, 948, 956.

Show as published

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467; Pub. L. 105–277, div. C, title I, § 142(e), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 116–189, §§ 4(a)(4), 6(b), 7(a)(2)(A)(i), Oct. 30, 2020, 134 Stat. 945, 948, 956.)