Title 36 — Patriotic and National Observances, Ceremonies, and Organizations

Part B · Chapter 2205 — United States Olympic and Paralympic Committee

§ 220522. Eligibility requirements

Statutory text

An amateur sports organization, a high-performance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, as a national governing body only if it—

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;

has the managerial and financial capability to plan and execute its obligations, including the ability to provide and enforce required athlete protection policies and procedures;

submits—

an application, in the form required by the corporation, for certification as a national governing body;

a copy of its corporate charter and bylaws; and

any additional information considered necessary or appropriate by the corporation;

agrees to submit to binding arbitration in any controversy involving—

its certification as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and

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, which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council, 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 standard commercial rules of arbitration of such designated provider shall apply unless at least two-thirds of the corporation’s board of directors approves modifications to such Rules;

demonstrates that it is autonomous in the governance of its sport, except with respect to the oversight of the organization, in that it—

independently decides and controls all matters central to governance;

does not delegate decision-making and control of matters central to governance; and

is free from outside restraint;

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, the Paralympic Games, the Pan-American Games, or the Parapan American Games;

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 certification is sought, or any amateur sports organization that conducts programs in the sport for which certification is sought, or both;

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;

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;

ensures that the selection criteria for individuals and teams that represent the United States are—

fair, as determined by the corporation in consultation with the national governing bodies, the Athletes’ Advisory Council, and the United States Olympians and Paralympians Association;

clearly articulated in writing and properly communicated to athletes in a timely manner; and

consistently applied, using objective and subjective criteria appropriate to the applicable sport;

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 certification 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;

provides for reasonable direct representation on its board of directors or other governing board for any amateur sports organization, high-performance management organization, or paralympic sports organization that—

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

ensures that the representation reflects the nature, scope, quality, and strength of the programs and competitions of the applicable organization in relation to all other programs and competitions in the sport in the United States;

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 elected by amateur athletes; and

are actively engaged in amateur athletic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought;

any exception to such guidelines by such organization has been approved by—

the corporation; and

the Athletes’ Advisory Council; and

the voting power held by such individuals is not less than ⅓ of the voting power held by its board of directors and other such governing boards;

provides procedures for the prompt and equitable resolution of grievances of its members;

does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games that are more restrictive than those of the appropriate international sports federation;

demonstrates, if the organization is seeking to be certified 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;

commits to submitting annual reports to the corporation that include, for each calendar year—

a description of the manner in which the organization—

carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and

addresses any sanctions or temporary measures required by the Center;

a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year; and

a detailed statement of—

the income and expenses of the organization; and

the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes;

commits to meeting any minimum standard or requirement set forth by the corporation; and

provides protection from retaliation to protected individuals.

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. § 220522
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471
1998
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(m)(1) · 112 Stat. 2681
1. Amended · 36 U.S.C. § 220522
  Pub. L. 105–277, § 142(m)(1), designated existing provisions as subsec. (a)
2. Inserted · 36 U.S.C. § 220522
  Pub. L. 105–277, § 142(m)(1), inserted heading
Source evidence
Code amendment note
Pub. L. 105–277, § 142(m)(1), designated existing provisions as subsec. (a) and inserted heading.
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(m)(2) · 112 Stat. 2681
1. Added · 36 U.S.C. § 220522(a)(4)
  Pub. L. 105–277, § 142(m)(2), added par. (4)
2. Struck · 36 U.S.C. § 220522(a)(4)
  Pub. L. 105–277, § 142(m)(2), 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—
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–277, § 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;”.
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(m)(3) · 112 Stat. 2681
1. Added · 36 U.S.C. § 220522(a)(10)
  Pub. L. 105–277, § 142(m)(3), added par. (10)
2. Struck · 36 U.S.C. § 220522(a)(10)
  Pub. L. 105–277, § 142(m)(3), struck out former par. (10) which read as follows: “demonstrates that—
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 105–277, § 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;”.
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(m)(4) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220522(a)(14)
Pub. L. 105–277, § 142(m)(4), inserted “or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games” after “amateur status”
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 105–277, § 142(m)(4), inserted “or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games” after “amateur status”.
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(m)(5) · 112 Stat. 2681
Added · 36 U.S.C. § 220522(b)
Pub. L. 105–277, § 142(m)(5), added subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–277, § 142(m)(5), added subsec. (b).
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 § 7(a)(2)(A)(iii)(I) · 134 Stat. 943
1. Struck · 36 U.S.C. § 220522
  Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (a) designation and heading “General” at beginning of section
2. Substituted · 36 U.S.C. § 220522
  Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), substituted “An amateur sports organization, a high-performance management organization, or a paralympic sports organization” for “An amateur sports organization” in introductory provisions
3. Struck · 36 U.S.C. § 220522
  Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (b) which related to recognition of paralympic sports organizations
Source evidence
Code amendment note
Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (a) designation and heading “General” at beginning of section, substituted “An amateur sports organization, a high-performance management organization, or a paralympic sports organization” for “An amateur sports organization” in introductory provisions, and struck out subsec. (b) which related to recognition of paralympic sports organizations.
Enacted provision · exact public law section
(I) by striking subsection (b); and
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(a)(2)(A)(iii)(II)(aa) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(a)
Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(aa), (bb), substituted “certified” for “recognized” and “certification” for “recognition” wherever appearing in subsec. (a) prior to redesignation of subsec. (a) as entire section
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(aa), (bb), substituted “certified” for “recognized” and “certification” for “recognition” wherever appearing in subsec. (a) prior to redesignation of subsec. (a) as entire section.
Enacted provision · exact public law section
(aa) by striking “recognized” each place it appears and inserting “certified”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(1) · 134 Stat. 943
Inserted · 36 U.S.C. § 220522(2)
Pub. L. 116–189, § 7(b)(1), inserted “, including the ability to provide and enforce required athlete protection policies and procedures” before semicolon at end
Source evidence
Code amendment note
Par. (2). Pub. L. 116–189, § 7(b)(1), inserted “, including the ability to provide and enforce required athlete protection policies and procedures” before semicolon at end.
Enacted provision · exact public law section
(1) in paragraph (2), by inserting “, including the ability to provide and enforce required athlete protection policies and procedures” before the semicolon;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(2) · 134 Stat. 943
1. Substituted · 36 U.S.C. § 220522(4)(B)
  Pub. L. 116–189, § 7(b)(2), substituted “which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council” for “conducted in accordance with the Commercial Rules of the American Arbitration Association”
2. Substituted · 36 U.S.C. § 220522(4)(B)
  Pub. L. 116–189, § 7(b)(2), substituted “standard commercial rules of arbitration of such designated provider” for “Commercial Rules of Arbitration”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 116–189, § 7(b)(2), substituted “which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council” for “conducted in accordance with the Commercial Rules of the American Arbitration Association” and “standard commercial rules of arbitration of such designated provider” for “Commercial Rules of Arbitration”.
Enacted provision · exact public law section
(2) in paragraph (4)(B)— (A) by striking “conducted in accordance with the Commercial Rules of the American Arbitration Association” and inserting “which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council”; and (B) by striking “Commercial Rules of Arbitration” and inserting “standard commercial rules of arbitration of such designated provider”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(3) · 134 Stat. 943
Inserted · 36 U.S.C. § 220522(5)
Pub. L. 116–189, § 7(b)(3), inserted “except with respect to the oversight of the organization,” after “sport,” in introductory provisions
Source evidence
Code amendment note
Par. (5). Pub. L. 116–189, § 7(b)(3), inserted “except with respect to the oversight of the organization,” after “sport,” in introductory provisions.
Enacted provision · exact public law section
(3) in paragraph (5), in the matter preceding subparagraph (A), by inserting “except with respect to the oversight of the organization,” after “sport,”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(a)(2)(A)(iii)(II)(cc) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(a)(6)
Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(cc), substituted “the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games” for “the Olympic Games or the Pan-American Games” in par. (6) of subsec. (a) prior to redesignation of subsec. (a) as entire section
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(cc), substituted “the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games” for “the Olympic Games or the Pan-American Games” in par. (6) of subsec. (a) prior to redesignation of subsec. (a) as entire section.
Enacted provision · exact public law section
(cc) in paragraph (6), by striking “the Olympic Games or the Pan-American Games” and inserting “the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(5) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(10)
Pub. L. 116–189, § 7(b)(5), added par. (10). Former par. (10) redesignated (11)
Source evidence
Code amendment note
Par. (10). Pub. L. 116–189, § 7(b)(5), added par. (10). Former par. (10) redesignated (11).
Enacted provision · exact public law section
(5) by inserting after paragraph (9) the following: “(10) ensures that the selection criteria for individuals and teams that represent the United States are— “(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes’ Advisory Council, and the United States Olympians and Paralympians Association; “(B) clearly articulated in writing and properly communicated to athletes in a timely manner; and “(C) consistently applied, using objective and subjective criteria appropriate to the applicable sport;” ;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(4) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(11)
Pub. L. 116–189, § 7(b)(4), redesignated par. (10) as (11). Former par. (11) redesignated (12)
Source evidence
Code amendment note
Par. (11). Pub. L. 116–189, § 7(b)(4), redesignated par. (10) as (11). Former par. (11) redesignated (12).
Enacted provision · exact public law section
(4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(a)(2)(A)(iii)(II)(dd) · 134 Stat. 943
1. Redesignated · 36 U.S.C. § 220522(a)(11)
  Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, inserted “, high-performance management organization, or paralympic sports organization” after “amateur sports organization” in introductory provisions
2. Redesignated · 36 U.S.C. § 220522(a)(11)
  Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, substituted “applicable” for “amateur sports” in subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, inserted “, high-performance management organization, or paralympic sports organization” after “amateur sports organization” in introductory provisions and substituted “applicable” for “amateur sports” in subpar. (B).
Enacted provision · exact public law section
(dd) in paragraph (11)— (AA) in the matter preceding subparagraph (A), by inserting “, high-performance management organization, or paralympic sports organization” after “amateur sports organization”; and (BB) in subparagraph (B), by striking “amateur sports” and inserting “applicable”;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(4) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(12)
Pub. L. 116–189, § 7(b)(4), redesignated par. (11) as (12). Former par. (12) redesignated (13)
Source evidence
Code amendment note
Par. (12). Pub. L. 116–189, § 7(b)(4), redesignated par. (11) as (12). Former par. (12) redesignated (13).
Enacted provision · exact public law section
(4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(6) · 134 Stat. 943
1. Added · 36 U.S.C. § 220522(13)
  Pub. L. 116–189, § 7(b)(6), added par. (13)
2. Struck · 36 U.S.C. § 220522(13)
  Pub. L. 116–189, § 7(b)(6), struck out former par. (13) which read as follows: “demonstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;”
Source evidence
Code amendment note
Par. (13). Pub. L. 116–189, § 7(b)(6), added par. (13) and struck out former par. (13) which read as follows: “demonstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;”.
Enacted provision · exact public law section
(6) by striking paragraph (13), as so redesignated, and inserting the following: “(13) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that— “(A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who— “(i) are elected by amateur athletes; and “(ii) are actively engaged in amateur athletic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought; “(B) any exception to such guidelines by such organization has been approved by— “(i) the corporation; and “(ii) the Athletes’ Advisory Council; and “(C) the voting power held by such individuals is not less than ⅓ of the voting power held by its board of directors and other such governing boards;” ;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(4) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(13)
Pub. L. 116–189, § 7(b)(4), redesignated par. (12) as (13). Former par. (13) redesignated (14)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–189, § 7(b)(4), redesignated par. (12) as (13). Former par. (13) redesignated (14).
Enacted provision · exact public law section
(4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(4) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(14)
Pub. L. 116–189, § 7(b)(4), redesignated par. (13) as (14). Former par. (14) redesignated (15)
Source evidence
Code amendment note
Par. (14). Pub. L. 116–189, § 7(b)(4), redesignated par. (13) as (14). Former par. (14) redesignated (15).
Enacted provision · exact public law section
(4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(a)(2)(A)(iii)(II)(ee) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(a)(14)
Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(ee), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games” in par. (14) of subsec. (a) prior to redesignation of subsec. (a) as entire section and par. (14) as (15)
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(ee), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games” in par. (14) of subsec. (a) prior to redesignation of subsec. (a) as entire section and par. (14) as (15).
Enacted provision · exact public law section
(ee) in paragraph (14), by striking “or the Pan-American Games” and inserting “the Pan-American Games, or the Parapan American Games”; and
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(4) · 134 Stat. 943
Redesignated · 36 U.S.C. § 220522(15); 36 U.S.C. § 220522(16)
Pub. L. 116–189, § 7(b)(4), redesignated pars. (14) and (15) as (15) and (16), respectively
Source evidence
Code amendment note
Pars. (15), (16). Pub. L. 116–189, § 7(b)(4), redesignated pars. (14) and (15) as (15) and (16), respectively.
Enacted provision · exact public law section
(4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively;
2020
Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(b)(7) · 134 Stat. 943
Added · 36 U.S.C. § 220522(17)(19)
Pub. L. 116–189, § 7(b)(7)–(9), added pars. (17) to (19)
Source evidence
Code amendment note
Pars. (17) to (19). Pub. L. 116–189, § 7(b)(7)–(9), added pars. (17) to (19).
Enacted provision · exact public law section
(7) in paragraph (15), as so redesignated, by striking “; and” and inserting a semicolon;

29 of 30 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
220522	36:391(b), (c).	Sept. 21, 1950, ch. 975, title II, § 201(b), (c), as added Nov. 8, 1978, Pub. L. 95–606, § 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.

Editorial Notes

Amendments1998–2020 · 2 rounds

2020

Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (a) designation and heading “General” at beginning of section, substituted “An amateur sports organization, a high-performance management organization, or a paralympic sports organization” for “An amateur sports organization” in introductory provisions, and struck out subsec. (b) which related to recognition of paralympic sports organizations.

Subsec. (a). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(aa), (bb), substituted “certified” for “recognized” and “certification” for “recognition” wherever appearing in subsec. (a) prior to redesignation of subsec. (a) as entire section.

Par. (2). Pub. L. 116–189, § 7(b)(1), inserted “, including the ability to provide and enforce required athlete protection policies and procedures” before semicolon at end.

Par. (4)(B). Pub. L. 116–189, § 7(b)(2), substituted “which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council” for “conducted in accordance with the Commercial Rules of the American Arbitration Association” and “standard commercial rules of arbitration of such designated provider” for “Commercial Rules of Arbitration”.

Par. (5). Pub. L. 116–189, § 7(b)(3), inserted “except with respect to the oversight of the organization,” after “sport,” in introductory provisions.

Subsec. (a)(6). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(cc), substituted “the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games” for “the Olympic Games or the Pan-American Games” in par. (6) of subsec. (a) prior to redesignation of subsec. (a) as entire section.

Par. (10). Pub. L. 116–189, § 7(b)(5), added par. (10). Former par. (10) redesignated (11).

Par. (11). Pub. L. 116–189, § 7(b)(4), redesignated par. (10) as (11). Former par. (11) redesignated (12).

Subsec. (a)(11). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, inserted “, high-performance management organization, or paralympic sports organization” after “amateur sports organization” in introductory provisions and substituted “applicable” for “amateur sports” in subpar. (B).

Par. (12). Pub. L. 116–189, § 7(b)(4), redesignated par. (11) as (12). Former par. (12) redesignated (13).

Par. (13). Pub. L. 116–189, § 7(b)(6), added par. (13) and struck out former par. (13) which read as follows: “demonstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;”.

Pub. L. 116–189, § 7(b)(4), redesignated par. (12) as (13). Former par. (13) redesignated (14).

Par. (14). Pub. L. 116–189, § 7(b)(4), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Subsec. (a)(14). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(ee), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games” in par. (14) of subsec. (a) prior to redesignation of subsec. (a) as entire section and par. (14) as (15).

Pars. (15), (16). Pub. L. 116–189, § 7(b)(4), redesignated pars. (14) and (15) as (15) and (16), respectively.

Pars. (17) to (19). Pub. L. 116–189, § 7(b)(7)–(9), added pars. (17) to (19).

1998

Pub. L. 105–277, § 142(m)(1), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (a)(4). Pub. L. 105–277, § 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, § 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, § 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, § 142(m)(5), added subsec. (b).

Credits

1998–2020 · 3 acts

1998Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471
1998Pub. L. 105–277, div. C, title I, § 142(m), Oct. 21, 1998, 112 Stat. 2681–607
2020Pub. L. 116–189, § 7(a)(2)(A)(iii), (b), Oct. 30, 2020, 134 Stat. 956, 958.

Show as published

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(m), Oct. 21, 1998, 112 Stat. 2681–607; Pub. L. 116–189, § 7(a)(2)(A)(iii), (b), Oct. 30, 2020, 134 Stat. 956, 958.)