36 U.S.C. § 220501 — Short title and definitions

Page 297 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220501 charge of all liabilities shall be distributed as provided by the board of trustees, but in compli- ance with the constitution and bylaws of the corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220315 ......... 36:1214. Oct. 20, 1978, Pub. L. 95–493, § 14, 92 Stat. 1646. The word ‘‘satisfaction’’ is omitted as included in ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as included in ‘‘liabilities’’. The words ‘‘outstanding’’ and ‘‘and all Federal and State laws applicable thereto’’ are omitted as unnecessary. CHAPTER 2205—UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE SUBCHAPTER I—CORPORATION Sec. 220501. Short title and definitions. 220502. Organization. 220503. Purposes. 220504. Membership. 220505. Powers and duties. 220506. Exclusive right to name, seals, emblems, and badges. 220507. Restrictions. 220508. Headquarters, principal office, and meetings. 220509. Resolution of disputes. 220510. Service of process. 220511. Reports and audits. 220512. Complete teams. 220513. Annual amateur athlete survey. 220514. Annual report on equal treatment of athletes. SUBCHAPTER II—NATIONAL GOVERNING BODIES 220521. Certification of national governing bodies. 220522. Eligibility requirements. 220523. Authority of national governing bodies. 220524. General duties of national governing bodies. 220525. Granting sanctions for amateur athletic com- petitions. 220526. Restricted amateur athletic competitions. 220527. Complaints against national governing bod- ies. 220528. Applications to replace an incumbent na- tional governing body. 220529. Arbitration of corporation determinations. 220530. Other amateur sports organizations. 220530A. Annual report on equal treatment of athletes. SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES SAFE 220531. Grant to protect young athletes from abuse. SUBCHAPTER IV—UNITED STATES CENTER FOR SAFESPORT 220541. Designation of United States Center for SafeSport. 220542. Additional duties. 220543. Records, audits, and reports. SUBCHAPTER V—DISSOLUTION OF BOARD OF DI- RECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES 220551. Definitions. 220552. Dissolution of board of directors of corpora- tion and termination of recognition of na- tional governing bodies. Editorial Notes AMENDMENTS 2023—Pub. L. 117–340, § 2(a)(2)(B), (b)(2)(B), Jan. 5, 2023, 136 Stat. 6176, 6177, which directed amendment of the analyses for subchapters I and II of this chapter by add- ing items 220514 and 220530A, respectively, was executed by adding items 220514 and 220530A to the analysis for this chapter to reflect the probable intent of Congress. 2020—Pub. L. 116–189, §§ 4(a)(1), 6(c)(2), (f)(2), (g)(2), 7(a)(2)(B), 8(a)(2)(B), Oct. 30, 2020, 134 Stat. 944, 949, 955, 957, 966, added item 220513 and substituted ‘‘Powers and duties’’ for ‘‘Powers’’ in item 220505, ‘‘Reports and au- dits’’ for ‘‘Report’’ in item 220511, ‘‘Certification of na- tional governing bodies’’ for ‘‘Recognition of amateur sports organizations as national governing bodies’’ in item 220521, and ‘‘Designation of United States Center for SafeSport’’ for ‘‘Designation of United States Cen- ter for Safe Sport’’ in item 220541. Pub. L. 116–189, §5(b), Oct. 30, 2020, 134 Stat. 947, sub- stituted item for subchapter IV ‘‘UNITED STATES CENTER FOR SAFESPORT’’ for item for subchapter III relating to United States Center for Safe Sport, and added item for subchapter V and items 220551 and 220552. 2018—Pub. L. 115–141, div. S, title III, § 302(b), Mar. 23, 2018, 132 Stat. 1128, added item for subchapter III relat- ing to grant to keep young athletes safe and item 220531. Pub. L. 115–126, title II, §§ 202(c), 204(b), Feb. 14, 2018, 132 Stat. 323, 325, added item for subchapter III relating to United States Center for Safe Sport and items 220530 and 220541 to 220543. 2006—Pub. L. 109–284, § 5(12), Sept. 27, 2006, 120 Stat. 1212, substituted ‘‘Short title and definitions’’ for ‘‘Definitions’’ in item 220501. 1998—Pub. L. 105–277, div. C. title I, § 142(j)(2), (k)(2), Oct. 21, 1998, 112 Stat. 2681–606, 2681–607, substituted ‘‘Report’’ for ‘‘Annual report’’ in item 220511 and added item 220512. SUBCHAPTER I—CORPORATION § 220501. Short title and definitions (a) SHORT TITLE.—This chapter may be cited as the ‘‘Ted Stevens Olympic and Amateur Sports Act’’. (b) DEFINITIONS.—For purposes of this chap- ter— (1) ‘‘amateur athlete’’ means an athlete who meets the eligibility standards established by the national governing body or paralympic sports organization for the sport in which the athlete competes. (2) ‘‘amateur athletic competition’’ means a contest, game, meet, match, tournament, re- gatta, or other event in which amateur ath- letes compete. (3) ‘‘amateur sports organization’’ means a not-for-profit corporation, association, or other group organized in the United States that sponsors or arranges an amateur athletic competition. (4) ‘‘Athletes’ Advisory Council’’ means the entity established and maintained under sec- tion 220504(b)(2)(A) that— (A) is composed of, and elected by, ama- teur athletes to ensure communication be- tween the corporation and currently active amateur athletes; and (B) serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation. (5) ‘‘Center’’ means the United States Center for SafeSport designated under section 220541. (6) ‘‘child abuse’’ has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20302). Page 298 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220501 (7) ‘‘corporation’’ means the United States Olympic and Paralympic Committee. (8) ‘‘international amateur athletic competi- tion’’ means an amateur athletic competition between one or more athletes representing the United States, individually or as a team, and one or more athletes representing a foreign country. (9) ‘‘national governing body’’ means an amateur sports organization, a high-perform- ance management organization, or a paralympic sports organization that is cer- tified by the corporation under section 220521. (10) ‘‘protected individual’’ means any ama- teur athlete, coach, trainer, manager, admin- istrator, or official associated with the cor- poration or a national governing body. (11) ‘‘retaliation’’ means any adverse or dis- criminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and re- moval from competition, carried out against a protected individual as a result of any commu- nication, including the filing of a formal com- plaint, by the protected individual or a parent or legal guardian of the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with— (A) the Center; (B) a coach, trainer, manager, adminis- trator, or official associated with the cor- poration; (C) the Attorney General; (D) a Federal or State law enforcement au- thority; (E) the Equal Employment Opportunity Commission; or (F) Congress. (12) ‘‘sanction’’ means a certificate of ap- proval issued by a national governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, § 142(b)(2), (c), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 109–284, § 5(13), (14), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 115–126, title II, § 202(b), Feb. 14, 2018, 132 Stat. 323; Pub. L. 116–189, § 3, Oct. 30, 2020, 134 Stat. 944.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220501 ......... 36:373. Sept. 21, 1950, ch. 975, title I, § 103, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045. In clause (3), the words ‘‘club, federation, union’’ are omitted as unnecessary. In clause (5), the words ‘‘one or more athletes’’ are substituted for ‘‘any athlete or athletes’’ and for ‘‘any athletic or athletes’’ for clarity and to correct a gram- matical error. In clause (6), a reference to section 220522 (restating 36:391(b) and (c)) is unnecessary because section 220521 incorporates the eligibility requirements of section 220522. Editorial Notes AMENDMENTS 2020—Subsec. (b)(4). Pub. L. 116–189, § 3(6), added par. (4). Former par. (4) redesignated (5). Pub. L. 116–189, § 3(1), substituted ‘‘United States Cen- ter for SafeSport’’ for ‘‘United States Center for Safe Sport’’. Subsec. (b)(5). Pub. L. 116–189, § 3(5), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 116–189, § 3(5), redesignated par. (5) as (6). Former par. (6) redesignated (7). Pub. L. 116–189, § 3(2), substituted ‘‘United States Olympic and Paralympic Committee’’ for ‘‘United States Olympic Committee’’. Subsec. (b)(7). Pub. L. 116–189, § 3(5), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (b)(8). Pub. L. 116–189, § 3(5), redesignated par. (7) as (8). Former par. (8) redesignated (9). Pub. L. 116–189, § 3(3), amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘ ‘national governing body’ means an amateur sports organization that is recognized by the corporation under section 220521 of this title.’’ Subsec. (b)(9). Pub. L. 116–189, § 3(5), redesignated par. (8) as (9). Pub. L. 116–189, § 3(4), struck out par. (9) which read as follows: ‘‘ ‘paralympic sports organization’ means an amateur sports organization which is recognized by the corporation under section 220521 of this title.’’ Subsec. (b)(10), (11). Pub. L. 116–189, § 3(7), added pars. (10) and (11). Former par. (10) redesignated (12). Subsec. (b)(12). Pub. L. 116–189, § 3(5), redesignated par. (10) as (12). 2018—Subsec. (b)(4) to (10). Pub. L. 115–126 added pars. (4) and (5) and redesignated former pars. (4) to (8) as (6) to (10), respectively. 2006—Pub. L. 109–284, § 5(13), substituted ‘‘Short title and definitions’’ for ‘‘Title and Definitions’’ in section catchline. Subsec. (a). Pub. L. 109–284, § 5(14), substituted ‘‘Short Title’’ for ‘‘Title’’ in heading. 1998—Pub. L. 105–277, § 142(b)(2)(A), substituted ‘‘Title and Definitions’’ for ‘‘Definitions’’ in section catchline. Subsec. (a). Pub. L. 105–277, § 142(b)(2)(B), added sub- sec. (a). Subsec. (b). Pub. L. 105–277, § 142(b)(2)(C), designated existing provisions as subsec. (b) and inserted heading. Subsec. (b)(1). Pub. L. 105–277, § 142(c)(1), inserted ‘‘or paralympic sports organization’’ after ‘‘national gov- erning body’’. Subsec. (b)(7), (8). Pub. L. 105–277, § 142(c)(2), (3), added par. (7) and redesignated former par. (7) as (8). Statutory Notes and Related Subsidiaries SEVERABILITY Pub. L. 116–189, § 12, Oct. 30, 2020, 134 Stat. 973, pro- vided that: ‘‘If any provision of this Act [see Short Title of 2020 Amendment note set out under section 101 of this title], or an amendment made by this Act, is de- termined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected.’’ FINDINGS Pub. L. 116–189, § 2, Oct. 30, 2020, 134 Stat. 943, provided that: ‘‘Congress makes the following findings: ‘‘(1) The courageous voice of survivors is a call to action to end emotional, physical, and sexual abuse in the Olympic and Paralympic movement. ‘‘(2) Larry Nassar, the former national team doctor for USA Gymnastics, sexually abused over 300 ath- letes for over two decades because of ineffective over- sight by USA Gymnastics and the United States Olympic Committee. ‘‘(3) While the case of Larry Nassar is unprece- dented in scale, the case is hardly the only recent in- cident of sexual abuse in amateur sports. ‘‘(4) Survivors of Larry Nassar’s abuse and all sur- vivors of abuse in the Olympic and Paralympic move- ment deserve justice and redress for the wrongs the survivors have suffered. Page 299 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220503 ‘‘(5) After a comprehensive congressional investiga- tion, including interviews and statements from sur- vivors, former and current organization officials, law enforcement, and advocates, Congress found that the United States Olympic Committee and USA Gym- nastics fundamentally failed to uphold their existing statutory purposes and duty to protect amateur ath- letes from sexual, emotional, or physical abuse. ‘‘(6) USA Gymnastics and the United States Olym- pic Committee knowingly concealed abuse by Larry Nassar, leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of 2015 and ending in September 2016. ‘‘(7) Ending abuse in the Olympic and Paralympic movement requires enhanced oversight to ensure that the Olympic and Paralympic movement does more to serve athletes and protect their voice and safety.’’ REPORT TO CONGRESS ON EFFECTIVENESS OF CHAPTER AND PROPOSED CHANGES Pub. L. 105–277, div. C, title I, § 142(q), Oct. 21, 1998, 112 Stat. 2681–609, required the United States Olympic Committee to submit, five years from Oct. 21, 1998, a special report to Congress on the effectiveness of the provisions of this chapter, together with any additional proposed changes to this chapter the United States Olympic Committee determined to be appropriate. § 220502. Organization (a) FEDERAL CHARTER.—The corporation is a federally chartered corporation. (b) PERPETUAL EXISTENCE.—Except as other- wise provided, the corporation has perpetual ex- istence. (c) REFERENCES TO UNITED STATES OLYMPIC ASSOCIATION AND UNITED STATES OLYMPIC COM- MITTEE.—Any reference to the United States Olympic Association or the United States Olym- pic Committee is deemed to refer to the United States Olympic and Paralympic Committee. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 116–189, § 4(a)(2), Oct. 30, 2020, 134 Stat. 944.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220502(a) ..... 36:371 (1st sentence). Sept. 21, 1950, ch. 975, title I, § 101 (1st sentence), for- merly § 1(1st sentence), 64 Stat. 899; Nov. 8, 1978, Pub. L. 95–606, § 1(a)(1), (2), 92 Stat. 3045. 36:372. Sept. 21, 1950, ch. 975, title I, §§ 102, 105(a) (words before cl. (1) related to perpetual succession), as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045, 3047. 220502(b) ..... 36:375(a) (words be- fore cl. (1) related to perpetual suc- cession). 220502(c) ..... 36:383. Aug. 10, 1964, Pub. L. 88–407, 78 Stat. 383. Subsection (a) is substituted for the source provisions for consistency in the revised title and to eliminate un- necessary and executed words. In subsection (b), the words ‘‘Except as otherwise pro- vided’’ are added, the word ‘‘has’’ is substituted for ‘‘shall have’’, and the word ‘‘existence’’ is substituted for ‘‘succession’’, for consistency in the revised title. In subsection (c), the words ‘‘The corporation known as the United States Olympic Association, which was incorporated by this chapter, shall be known and des- ignated on and after August 10, 1964, as the United States Olympic Committee and’’ are omitted as exe- cuted. The words ‘‘such corporation under the name of’’ are omitted as unnecessary. The words ‘‘is deemed to’’ are substituted for ‘‘shall be held to’’ for clarity. The words ‘‘such corporation under and by the name of’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–189 amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Any reference to the United States Olympic Associa- tion is deemed to refer to the United States Olympic Committee.’’ § 220503. Purposes The purposes of the corporation are— (1) to establish national goals for amateur athletic activities and encourage the attain- ment of those goals; (2) to coordinate and develop amateur ath- letic activity in the United States, directly re- lated to international amateur athletic com- petition, to foster productive working rela- tionships among sports-related organizations; (3) to exercise exclusive jurisdiction, di- rectly or through constituent members of committees, over— (A) all matters pertaining to United States participation in the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games, including representation of the United States in the games; and (B) the organization of the Olympic Games, the Paralympic Games, the Pan- American Games, and the Parapan American Games when held in the United States; (4) to obtain for the United States, directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each event of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan Amer- ican Games; (5) to promote and support amateur athletic activities involving the United States and for- eign nations; (6) to promote and encourage physical fit- ness and public participation in amateur ath- letic activities; (7) to assist organizations and persons con- cerned with sports in the development of ama- teur athletic programs for amateur athletes; (8) to provide swift resolution of conflicts and disputes involving amateur athletes, na- tional governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition; (9) to foster the development of and access to amateur athletic facilities for use by ama- teur athletes and assist in making existing amateur athletic facilities available for use by amateur athletes; (10) to provide and coordinate technical in- formation on physical training, equipment de- sign, coaching, and performance analysis; (11) to encourage and support research, de- velopment, and dissemination of information in the areas of sports medicine and sports safe- ty;