36 U.S.C. § 220506 — Exclusive right to name, seals, emblems,

Page 303 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220506 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 cor- porate purposes’’ are omitted as unnecessary and for consistency in the revised title. The words ‘‘issue in- struments of indebtedness, and secure its obligations by granting security interests in its property’’ are sub- stituted for ‘‘issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mort- gage’’ 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. Editorial Notes AMENDMENTS 2023—Subsec. (d)(1)(D). Pub. L. 117–340, § 2(a)(1)(A), added subpar. (D). Subsec. (d)(2), (3). Pub. L. 117–340, § 2(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). 2020—Pub. L. 116–189, § 6(c)(1)(A), substituted ‘‘Powers and duties’’ for ‘‘Powers’’ in section catchline. Subsec. (c)(3). Pub. L. 116–189, § 4(a)(5)(A), substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and the Pan-American Games’’. Subsec. (c)(4). Pub. L. 116–189, § 4(a)(5)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘recognize eligible amateur sports organiza- tions 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 organi- zations for any sport that is included on the program of the Paralympic Games;’’. Subsec. (c)(5). Pub. L. 116–189, § 4(a)(5)(C), inserted ‘‘the Parapan American Games,’’ after ‘‘the Pan-Amer- ican Games,’’. Subsec. (d). Pub. L. 116–189, § 6(c)(1)(B), added subsec. (d). 2006—Subsec. (b)(9). Pub. L. 109–284 substituted ‘‘this chapter shall be’’ for ‘‘this Act shall be’’. 1998—Subsec. (b)(9). Pub. L. 105–277, § 142(f)(1), sub- stituted ‘‘sued, except that any civil action brought in a State court against the corporation and solely relat- ing 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 para- graph nor any other provision of this chapter shall cre- ate a private right of action under this chapter; and’’ for ‘‘sued; and’’. Subsec. (c)(2). Pub. L. 105–277, § 142(f)(2)(A), sub- stituted ‘‘Organization and as its national Paralympic committee in relations with the International Paralympic Committee;’’ for ‘‘Organization’’. Subsec. (c)(3). Pub. L. 105–277, § 142(f)(2)(B), sub- stituted ‘‘Games, the Paralympic Games, and’’ for ‘‘Games and of’’. Subsec. (c)(4). Pub. L. 105–277, § 142(f)(2)(C), sub- stituted ‘‘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, § 142(f)(2)(D), sub- stituted ‘‘Games, the Paralympic Games, the Pan- American Games, world championship competition,’’ for ‘‘Games,’’. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Pub. L. 117–340, § 2(d), Jan. 5, 2023, 136 Stat. 6177, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2023 Amendment note set out under section 101 of this title] shall be construed— ‘‘(1) to supersede, nullify, or diminish the rights of any individual under any Federal law or the law of any State or political subdivision of any State or ju- risdiction; ‘‘(2) to prohibit an individual athlete or a group of athletes from receiving compensation from an indi- vidual or entity other than a national governing body or the corporation for the use of, as applicable, the name, image, or likeness of the individual athlete or the names, images, or likenesses of the group of ath- letes; or ‘‘(3) to prohibit a team or group of athletes from ac- cepting outside sponsorships or endorsements, or from participating in outside promotional events or marketing campaigns, even if a team or group of ath- letes of another gender are not offered equivalent sponsorships, endorsements, or participation in out- side promotional events or marketing campaigns.’’ IMPLEMENTATION PERIOD AND REPORTS TO CONGRESS Pub. L. 117–340, § 2(c), Jan. 5, 2023, 136 Stat. 6177, pro- vided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Jan. 5, 2023]— ‘‘(1) the corporation shall— ‘‘(A) attain full compliance, and require as a con- dition of continued certification that each national governing body attains and maintains full compli- ance, with the applicable amendments made by this Act [see Short Title of 2023 Amendment note set out under section 101 of this title]; and ‘‘(B) submit to Congress a report describing such compliance of the corporation and each national governing body; and ‘‘(2) each national governing body shall— ‘‘(A) attain full compliance with the applicable amendments made by this Act; and ‘‘(B) submit to Congress a report describing such compliance.’’ § 220506. Exclusive right to name, seals, emblems, and badges (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 and Paralympic Committee’’; (2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, or the sym- bol 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’’, ‘‘Parapan American’’, ‘‘America Espirito Sport Fraternite’’, or any combination of those words. (b) CONTRIBUTORS AND SUPPLIERS.—The cor- poration may authorize contributors and sup- pliers of goods or services to use the trade name of the corporation or any trademark, symbol, insignia, or emblem of the International Olym- pic Committee, International Paralympic Com- mittee, the Pan-American Sports Organization, or of the corporation to advertise that the con- tributions, goods, or services were donated or Page 304 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220506 supplied to, or approved, selected, or used by, the corporation, the United States Olympic team, the Paralympic team, the Pan-American team, the Parapan American team, or team members. (c) CIVIL ACTION FOR UNAUTHORIZED USE.—Ex- cept 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 per- son, 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 the- atrical exhibition, athletic performance, or com- petition— (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 Olym- pic, Paralympic, Pan-American, or Parapan 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 em- blem described in subsection (a)(3) of this sec- tion, or the words or any combination of the words described in subsection (a)(4) of this sec- tion, 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 as- signor actually used, the words or any combina- tion 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 be- fore 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 sub- section (a) or (c) of this section; (B) it is evident from the circumstances that such use of the word ‘‘Olympic’’ refers to the naturally occurring mountains or geo- graphical 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 op- erated, 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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105–277, div. C, title I, § 142(g), Oct. 21, 1998, 112 Stat. 2681–604; Pub. L. 109–284, § 5(16), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 4(a)(6), Oct. 30, 2020, 134 Stat. 945.) 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, § 110, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048. 220506(b) ..... 36:380(b). 220506(c) ..... 36:380(a) (1st sen- tence). 220506(d) ..... 36:380(a) (2d, last sentences). Subsection (a)(2) and (3) is substituted for ‘‘the sym- bol 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 elimi- nate 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 ac- tion 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, sym- bol, or insignia described in subsection (c)(4) of this section’’ are substituted for ‘‘any other trademark, trade name, sign, symbol, or insignia described in sub- sections (a)(3) and (4) of this section’’ for clarity. Editorial Notes REFERENCES IN TEXT The Trademark Act of 1946, referred to in subsec. (c), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 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. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–189, § 4(a)(6)(A)(i), sub- stituted ‘‘United States Olympic and Paralympic Com- mittee’’ for ‘‘United States Olympic Committee’’. Subsec. (a)(2). Pub. L. 116–189, § 4(a)(6)(A)(ii), sub- stituted ‘‘3 Agitos’’ for ‘‘3 TaiGeuks’’. Subsec. (a)(4). Pub. L. 116–189, § 4(a)(6)(A)(iii), inserted ‘‘ ‘Parapan American’,’’ after ‘‘ ‘Pan-American’,’’. Subsec. (b). Pub. L. 116–189, § 4(a)(6)(B), inserted ‘‘the Parapan American team,’’ after ‘‘the Pan-American team,’’. Subsec. (c)(3). Pub. L. 116–189, § 4(a)(6)(C), substituted ‘‘Pan-American, or Parapan American Games activity’’ for ‘‘or Pan-American Games activity’’. 2006—Subsec. (d)(3)(A). Pub. L. 109–284 substituted ‘‘subsection’’ for ‘‘subsections’’. 1998—Subsec. (a)(2). Pub. L. 105–277, § 142(g)(1), sub- stituted ‘‘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, § 142(g)(2), inserted ‘‘ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’, ‘Amer- ica Espirito Sport Fraternite’,’’ before ‘‘or any com- bination’’. Subsec. (b). Pub. L. 105–277, § 142(g)(3), (4), inserted ‘‘, International Paralympic Committee, the Pan- American Sports Organization,’’ after ‘‘International Olympic Committee’’ and ‘‘the Paralympic team,’’ be- fore ‘‘the Pan-American team’’. Page 305 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220509 Subsec. (c)(3). Pub. L. 105–277, § 142(g)(5), inserted ‘‘, Paralympic, or Pan-American Games’’ after ‘‘any Olympic’’. Subsec. (c)(4). Pub. L. 105–277, § 142(g)(6), inserted ‘‘, the International Paralympic Committee, the Pan- American Sport Organization,’’ after ‘‘International Olympic Committee’’. Subsec. (d). Pub. L. 105–277, § 142(g)(7), inserted ‘‘AND GEOGRAPHIC REFERENCE’’ after ‘‘PRE-EXISTING’’ in head- ing. Subsec. (d)(3). Pub. L. 105–277, § 142(g)(8), added par. (3). § 220507. Restrictions (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. (c) POLICY WITH RESPECT TO ASSISTING MEM- BERS OR FORMER MEMBERS IN OBTAINING JOBS.— The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the corporation from as- sisting a member or former member in obtaining a new job (except the routine transmission of administrative and personnel files) if the indi- vidual knows that such member or former mem- ber violated the policies or procedures of the Center related to sexual misconduct or was con- victed of a crime involving sexual misconduct with a minor in violation of applicable law. (d) POLICY REGARDING TERMS AND CONDITIONS OF EMPLOYMENT.—The corporation shall estab- lish a policy— (1) not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; and (2) that provides that— (A) if the ethics committee determines that an individual has violated the policies of the corporation— (i) the individual is no longer entitled to bonus or severance pay previously with- held; and (ii) the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and (B) in the case of an individual who is the subject of a criminal investigation, the eth- ics committee shall investigate the indi- vidual. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 116–189, § 6(d)(1), (2)(A), Oct. 30, 2020, 134 Stat. 949.) 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, §§ 107, 108, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048. 220507(b) ..... 36:377. In subsection (a), the words ‘‘may not’’ are sub- stituted 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. Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–189, § 6(d)(1), added sub- sec. (c). Subsec. (d). Pub. L. 116–189, § 6(d)(2)(A), added subsec. (d). Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 116–189, § 6(d)(2)(B), Oct. 30, 2020, 134 Stat. 950, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall not apply to any term of employment for the disbursement of bonus or sever- ance pay that is in effect as of the day before the date of the enactment of this Act [Oct. 30, 2020].’’ § 220508. Headquarters, principal office, and meetings 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 corpora- tion. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220508 ......... 36:371 (last sen- tence). Sept. 21, 1950, ch. 975, title I, § 101 (last sentence), for- merly § 1 (last sentence), 64 Stat. 899; Nov. 8, 1978, Pub. L. 95–606, § 1(a)(3), 92 Stat. 3045. The word ‘‘decided’’ is substituted for ‘‘as is deter- mined’’ and for ‘‘shall determine’’ for consistency in the revised title. § 220509. Resolution of disputes (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 relat- ing to complaints of retaliation or the oppor- tunity of an amateur athlete, coach, trainer, manager, administrator, or official to partici- pate in the Olympic Games, the Paralympic Games, the Pan-American Games, the Parapan American Games, world championship competi- tion, or other protected competition as defined in the constitution and bylaws of the corpora- tion. In any lawsuit relating to the resolution of a dispute involving the opportunity of an ama- teur athlete to participate in the Olympic Games, the Paralympic Games, the Pan-Amer- ican Games, or the Parapan American Games, a court shall not grant injunctive relief against the corporation within 21 days before the begin- ning of such games if the corporation, after con- sultation with the chair of the Athletes’ Advi- sory 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) OFFICE OF THE ATHLETE OMBUDS.— (1) IN GENERAL.—The corporation shall hire and provide salary, benefits, and administra-