36 U.S.C. § 220504 — Membership

Page 300 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220504 (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, includ- ing, where feasible, the expansion of opportu- nities for meaningful participation by such amateur athletes in programs of athletic com- petition for able-bodied amateur athletes; (14) to encourage and provide assistance to amateur athletes of racial and ethnic minori- ties for the purpose of eliciting the participa- tion of those minorities in amateur athletic activities in which they are underrepresented; (15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (16) to effectively oversee the national gov- erning bodies with respect to compliance with and implementation of the policies and proce- dures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in para- graph (15). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, § 142(d), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 115–126, title II, § 201, Feb. 14, 2018, 132 Stat. 320; Pub. L. 116–189, §§ 4(a)(3), 6(a), Oct. 30, 2020, 134 Stat. 945, 947.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220503 ......... 36:374. Sept. 21, 1950, ch. 975, title I, § 104, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3046. Before clause (1), the word ‘‘objects’’ is omitted as in- cluded in ‘‘purposes’’. In clause (4), the word ‘‘competition’’ is omitted as included in ‘‘each event’’. Editorial Notes AMENDMENTS 2020—Par. (3). Pub. L. 116–189, § 4(a)(3)(A), substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and the Pan-American Games’’ in subpars. (A) and (B). Par. (4). Pub. L. 116–189, § 4(a)(3)(B), substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and Pan-American Games’’. Par. (9). Pub. L. 116–189, § 6(a)(1), inserted ‘‘and access to’’ after ‘‘development of’’. Par. (16). Pub. L. 116–189, § 6(a)(2)–(4), added par. (16). 2018—Par. (15). Pub. L. 115–126 added par. (15). 1998—Pars. (3), (4). Pub. L. 105–277, § 142(d)(1), sub- stituted ‘‘Olympic Games, the Paralympic Games’’ for ‘‘Olympic Games’’ wherever appearing. Par. (13). Pub. L. 105–277, § 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 disabil- ities, including, where feasible, the expansion of oppor- tunities for meaningful participation by individuals with disabilities in programs of athletic competition for able-bodied individuals; and’’. § 220504. Membership (a) ELIGIBILITY.—Eligibility for membership in the corporation is as provided in the constitu- tion and bylaws of the corporation, and member- ship shall be available only to national gov- erning bodies. (b) REQUIRED PROVISIONS FOR REPRESENTA- TION.—In its constitution and bylaws, the cor- poration shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of— (1) national governing bodies, including through provisions that establish and main- tain a National Governing Bodies’ Council that is composed of representatives of the na- tional governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication be- tween the corporation and the national gov- erning bodies; (2) amateur athletes who are actively en- gaged in amateur athletic competition or who have represented the United States in inter- national amateur athletic competition, in- cluding 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 di- rectors of the corporation and in the com- mittees and entities of the corporation; (C) require that— (i) not less than 1⁄3 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 mem- bership of the board of directors of the cor- poration shall be composed of amateur athletes who— (I) are actively engaged in representing the United States in international ama- teur athletic competition; or (II) have represented the United States in international amateur athletic com- petition during the preceding 10-year pe- riod; and (D) ensure that the membership and voting power held by such amateur athletes is not less than 1⁄3 of the membership and voting power held in the board of directors of the corporation and in the committees and enti- ties of the corporation, including any panel empowered to resolve grievances; (3) amateur sports organizations that con- duct 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 Amer- ican Games on a level of proficiency appro- priate 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 in- terests of the American public in the activi- ties of the corporation. (c) CONFLICT OF INTEREST.—An athlete who represents athletes under subsection (b)(2) shall Page 301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220505 not be employed by the Center, or serve in a ca- pacity 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 require- ments for membership in the corporation. (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.) HISTORICAL AND REVISION NOTES Revised Section 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 AMENDMENTS 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 orga- nizations in accordance with section 220521 of this title, including through provisions which establish and main- tain 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 cor- poration 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 fol- lows: ‘‘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 cor- poration and such amateur athletes; and ‘‘(B) ensure that the membership and voting power held by such amateur athletes is not less than 20 per- cent of the membership and voting power held in the board of directors of the corporation and in the com- mittees 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 sub- secs. (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 na- tional 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’’. § 220505. Powers and duties (a) CONSTITUTION AND BYLAWS.—The corpora- tion 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 amend- ment; (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 per- sons that they may submit materials as au- thorized in clause (2) of this subsection; and (2) gives all interested persons an oppor- tunity to submit written comments and infor- mation for at least 60 days after publication of notice of the proposed amendment and before adoption of the amendment. (b) GENERAL CORPORATE POWERS.—The cor- poration 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 fur- therance of its corporate purposes; (5) acquire, own, lease, encumber, and trans- fer property as necessary to carry out the pur- poses of the corporation; (6) borrow money, issue instruments of in- debtedness, and secure its obligations by granting security interests in its property; (7) publish a magazine, newspaper, and other publications consistent with its corporate pur- poses; (8) approve and revoke membership in the corporation; (9) sue and be sued, except that any civil ac- tion brought in a State court against the cor- poration and solely relating to the corpora- tion’s responsibilities under this chapter 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 ju- risdiction 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 (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 ama- teur athletic activity in the United States di- rectly related to international amateur ath- letic competition; (2) represent the United States as its na- tional Olympic committee in relations with the International Olympic Committee and the