36 U.S.C. § 220521 — Certification of national governing bod-

Page 309 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220521 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220511 ......... 36:382a(a). Sept. 21, 1950, ch. 975, title I, § 113(a), as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049. In subsection (a)(1), the words ‘‘full and’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2020—Pub. L. 116–189 amended section generally. Prior to amendment, section related to reports to be sub- mitted by the United States Olympic Committee. 2006—Pub. L. 109–284 substituted ‘‘Report’’ for ‘‘An- nual report’’ in section catchline. 1998—Subsec. (a). Pub. L. 105–277 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Not later than June 1 of each year, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report of its operations during the prior calendar year, including— ‘‘(1) a complete statement of the corporation’s re- ceipts and expenditures; and ‘‘(2) a comprehensive description of the activities and accomplishments of the corporation during the prior year.’’ § 220512. Complete teams In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, Pan-Amer- ican Games, and Parapan American Games, the corporation, either directly or by delegation to the appropriate national governing body, may select, but is not obligated to select (even if not selecting will result in an incomplete team for an event), athletes who have not met the eligi- bility standard of the national governing body and the corporation when the number of ath- letes who have met the eligibility standards of such entities is insufficient to fill the roster for an event. (Added Pub. L. 105–277, div. C, title I, § 142(k)(1), Oct. 21, 1998, 112 Stat. 2681–606; amended Pub. L. 109–284, § 5(19), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, §§ 4(a)(8), 7(a)(2)(A)(ii), Oct. 30, 2020, 134 Stat. 945, 956.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–189 substituted ‘‘Pan-American Games, and Parapan American Games’’ for ‘‘and Pan- American Games’’ and struck out ‘‘or paralympic sports organization’’ after ‘‘appropriate national gov- erning body’’. 2006—Pub. L. 109–284 substituted ‘‘and the corpora- tion’’ for ‘‘and the Corporation’’. § 220513. Annual amateur athlete survey (a) IN GENERAL.—Not less frequently than an- nually, the corporation shall cause an inde- pendent third-party organization, under con- tract, to conduct an anonymous survey of ama- teur athletes who are actively engaged in ama- teur athletic competition with respect to— (1) their satisfaction with the corporation and the applicable national governing body; and (2) the behaviors, attitudes, and feelings within the corporation and the applicable na- tional governing body relating to sexual har- assment and abuse. (b) CONSULTATION.—A contract under sub- section (a) shall require the independent third- party organization to develop the survey in con- sultation with the Center. (c) PROHIBITION ON INTERFERENCE.—If the cor- poration or a national governing body makes any effort to undermine the independence of, in- troduce bias into, or otherwise influence a sur- vey under subsection (a), such activity shall be reported immediately to Congress. (d) PUBLIC AVAILABILITY.— The corporation shall make the results of each such survey avail- able to the public on an internet website of the corporation. (Added Pub. L. 116–189, § 6(g)(1), Oct. 30, 2020, 134 Stat. 955.) § 220514. Annual report on equal treatment of athletes (a) IN GENERAL.—Not less frequently than an- nually, the corporation shall submit to Congress a report on the compliance of the corporation with paragraphs (1)(D) and (2) of section 220505(d). (b) MATTERS TO BE INCLUDED.—Each report re- quired by subsection (a) shall include detailed information on the median, minimum, and max- imum stipends and bonuses provided to athletes, disaggregated by gender, race, and, as applica- ble, status of participation on a professional sports team. (Added Pub. L. 117–340, § 2(a)(2)(A), Jan. 5, 2023, 136 Stat. 6176.) Editorial Notes CODIFICATION Section 2(a)(2)(A) of Pub. L. 117–340, which directed that this section be added at the end of ‘‘subchapter I of title 36, United States Code’’, was executed by adding this section at the end of subchapter I of this chapter, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION For construction of Pub. L. 117–340 as it pertains to certain rights of athletes, see section 2(d) of Pub. L. 117–340, set out as a note under section 220505 of this title. SUBCHAPTER II—NATIONAL GOVERNING BODIES § 220521. Certification of national governing bod- ies (a) IN GENERAL.—With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation— (1) may certify as a national governing body an amateur sports organization, a high-per- formance management organization, or a paralympic sports organization that files an Page 310 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220522 application and is eligible for such certifi- cation under section 220522; and (2) may not certify more than 1 national governing body. (b) PUBLIC HEARING.—Before certifying an or- ganization as a national governing body, the corporation shall hold at least 2 public hearings on the application. The corporation shall pub- lish notice of the time, place, and nature of the hearings. Publication shall be made in a regular issue of the corporation’s principal publication at least 30 days, but not more than 60 days, be- fore the date of the hearings. The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all ama- teur sports organizations known to the corpora- tion in that sport. (c) RECOMMENDATION TO INTERNATIONAL SPORTS FEDERATION.—Within 61 days after certi- fying an organization as a national governing body, the corporation shall recommend and sup- port in any appropriate manner the national governing body to the appropriate international sports federation as the representative of the United States for that sport. (d) REVIEW OF CERTIFICATION.—Not later than 8 years after the date of the enactment of the Em- powering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corpora- tion— (1) shall review all matters related to the continued certification of an organization as a national governing body; (2) may take action the corporation con- siders appropriate, including placing condi- tions on the continued certification of an or- ganization as a national governing body; (3) shall submit to Congress a summary re- port of each review under paragraph (1); and (4) shall make each such summary report available to the public. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(l), Oct. 21, 1998, 112 Stat. 2681–607; Pub. L. 109–284, § 5(20), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 7(a)(1), Oct. 30, 2020, 134 Stat. 955.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220521(a) ..... 36:391(a) (1st, 2d sen- tences). Sept. 21, 1950, ch. 975, title II, §§ 201(a), (d), 204, 205(b)(5), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3050, 3052, 3055, 3057. 220521(b) ..... 36:391(a) (3d–last sentences). 220521(c) ..... 36:391(d). 36:395(b)(5). 220521(d) ..... 36:394. In subsection (b), the words ‘‘under the authority granted under this subchapter and in accordance with the procedures and requirements of this section’’ are omitted as unnecessary. The words ‘‘public hearing’’ are substituted for ‘‘hearing open to the public’’, and the words ‘‘for such recognition’’ are omitted, to elimi- nate unnecessary words. In subsection (c), the words ‘‘in accordance with sub- section (a) of this section’’ in 36:391(d) and ‘‘in accord- ance with this subsection’’ in 36:395(b)(5) are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT The date of the enactment of the Empowering Olym- pic, Paralympic, and Amateur Athletes Act of 2020, re- ferred to in subsec. (d), is the date of enactment of Pub. L. 116–189, which was approved Oct. 30, 2020. AMENDMENTS 2020—Pub. L. 116–189, § 7(a)(1)(A), substituted ‘‘Certifi- cation of national governing bodies’’ for ‘‘Recognition of amateur sports organizations as national governing bodies’’ in section catchline. Subsec. (a). Pub. L. 116–189, § 7(a)(1)(B), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) pro- vided general authority for the corporation to recog- nize an eligible amateur sports organization as a na- tional governing body. Subsecs. (b), (c). Pub. L. 116–189, § 7(a)(1)(C), (D), sub- stituted ‘‘certifying’’ for ‘‘recognizing’’. Subsec. (d). Pub. L. 116–189, § 7(a)(1)(E), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘The corporation may review all matters related to the continued recognition of an organization as a na- tional governing body and may take action it considers appropriate, including placing conditions on the con- tinued recognition.’’ 2006—Subsec. (a). Pub. L. 109–284 substituted ‘‘sub- section’’ for ‘‘subsections’’. 1998—Subsec. (a). Pub. L. 105–277, § 142(l)(1), inserted first sentence and struck out former first sentence which read as follows: ‘‘For any sport that is included on the program of the Olympic Games or the Pan- American Games, the corporation may recognize as a national governing body an amateur sports organiza- tion that files an application and is eligible under sec- tion 220522 of this title.’’ Pub. L. 105–277, § 142(l)(2), substituted ‘‘approved, ex- cept as provided in section 220522(b) with respect to a paralympic sports organization.’’ for ‘‘approved.’’ Subsec. (b). Pub. L. 105–277, § 142(l)(3)–(5), substituted ‘‘hold at least 2 public hearings’’ for ‘‘hold a public hearing’’, substituted ‘‘hearings.’’ for ‘‘hearing.’’ in two places, and inserted at end ‘‘The corporation shall send written notice, which shall include a copy of the appli- cation, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport.’’ § 220522. Eligibility requirements An amateur sports organization, a high-per- formance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, as a na- tional governing body only if it— (1) is incorporated under the laws of a State of the United States or the District of Colum- bia as a not-for-profit corporation having as its purpose the advancement of amateur ath- letic competition; (2) has the managerial and financial capa- bility to plan and execute its obligations, in- cluding the ability to provide and enforce re- quired athlete protection policies and proce- dures; (3) submits— (A) an application, in the form required by the corporation, for certification as a na- tional governing body; (B) a copy of its corporate charter and by- laws; and (C) any additional information considered necessary or appropriate by the corporation; (4) agrees to submit to binding arbitration in any controversy involving—