36 U.S.C. § 220526 — Restricted amateur athletic competi-

Page 315 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220526 117–340, set out as a note under section 220505 of this title. § 220525. Granting sanctions for amateur athletic competitions (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 or- ganization 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 ama- teur athletic competition would be detri- mental to the best interest of the sport; and (B) the requirements of subsection (b) of this section are met. (b) REQUIREMENTS.—An amateur sports organi- zation 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 sanc- tioning fee, if the fee is reasonable and non- discriminatory. (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 or- ganization 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 organi- zation or person sponsored for the purpose of having United States amateur athletes com- pete in international amateur athletic com- petition; and (B) submit a letter from the appropriate entity that will hold the international ama- teur athletic competition certifying that the requirements of paragraph (4) of this sub- section have been met. (4) The requirements referred to in para- graphs (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 ama- teur athletic competition; (B) appropriate provision has been made for validation of any records established dur- ing the competition; (C) due regard has been given to any inter- national amateur athletic requirements spe- cifically applicable to the competition; (D) the competition will be conducted by qualified officials; (E) proper medical supervision will be pro- vided for athletes who will participate in the competition; (F) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes partici- pating in amateur athletic activities appli- cable to such national governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 115–126, title II, § 203, Feb. 14, 2018, 132 Stat. 323.) 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, § 202(a)(4), (b), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3052, 3053. 220525(a) (2)(A). 36:392(b) (words be- fore cl. (1)). 220525(a) (2)(B). (no source). 220525(b) (words be- fore par. (1)). 36:392(b)(1) (words 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 provi- sions 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 reor- ganization of the section. Paragraph (1) is substituted for 36:392(b)(1)(A) and (2)(A), and paragraph (4) is sub- stituted for 36:392(b)(1)(B)(i)–(vi) and (2)(B)(i)–(vi), to avoid repeating identical language. Editorial Notes AMENDMENTS 2018—Subsec. (b)(4)(G). Pub. L. 115–126, which directed amendment of section 220525(b)(4), without specifying the title to be amended, by adding subpar. (G), was exe- cuted to this section, to reflect the probable intent of Congress. § 220526. Restricted amateur athletic competi- tions (a) EXCLUSIVE JURISDICTION.—An amateur sports organization that conducts amateur ath- letic competition shall have exclusive jurisdic- Page 316 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220527 tion over that competition if participation is re- stricted 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 COMPETI- TION.—An amateur sports organization under subsection (a) of this section shall obtain a sanc- tion 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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1475.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220526(a) ..... 36:396 (1st sentence). Sept. 21, 1950, ch. 975, title II, § 206, as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3058. 220526(b) ..... 36:396 (last sen- tence). § 220527. Complaints against national governing bodies (a) GENERAL.—(1) An amateur sports organiza- tion 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 cor- poration. 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) HEARINGS.—The corporation 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 sec- tions 220522, 220524, and 220525 of this title. (c) DISPOSITION OF COMPLAINT.—(1) If the cor- poration 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 con- siders necessary to enable the national gov- erning body to comply with those sections; or (B) revoke the recognition of the national governing body. (3) If the corporation places a national gov- erning 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 cor- poration shall revoke the recognition of the na- tional governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 116–189, § 7(d), Oct. 30, 2020, 134 Stat. 960.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220527(a)(1) 36:395(a)(1) (1st, last sentences). Sept. 21, 1950, ch. 975, title II, § 205(a), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055. 220527(a)(2) 36:395(a)(1) (3d sen- tence). 220527(b)(1) 36:395(a)(1) (2d sen- tence). 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 rem- edies’’ for consistency with subsection (b)(1) of this sec- tion. The words ‘‘within the applicable national gov- erning body’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–189, § 7(d)(1), (3), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which related to exhaustion of remedies before fil- ing a complaint. Subsec. (c). Pub. L. 116–189, § 7(d)(3), redesignated sub- sec. (d) as (c). Former subsec. (c) redesignated (b). Pub. L. 116–189, § 7(d)(2), substituted ‘‘The corpora- tion’’ for ‘‘If the corporation decides that all available remedies have been exhausted as required by sub- section (b)(1) of this section, it’’. Subsec. (d). Pub. L. 116–189, § 7(d)(3), redesignated sub- sec. (d) as (c). § 220528. Applications to replace an incumbent national governing body (a) GENERAL.—An amateur sports organization may seek to replace an incumbent as the na- tional governing body for a particular sport by filing a written application for certification with the corporation. (b) ESTABLISHMENT OF PROCEDURES.—The cor- poration shall establish procedures for the filing and disposition of applications under this sec- tion. If 2 or more organizations file applications for the same sport, the applications shall be con- sidered 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 each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan Amer- ican Games; or (B) any Pan-American Games or Parapan American Games, for a sport in which com- petition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games. (2) The application shall be filed with the cor- poration by certified mail, and a copy of the ap-