36 U.S.C. § 220530 — Other amateur sports organizations

Page 318 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220529 shall send written notice, including a copy of the appli- cation, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the cor- poration in that sport.’’ Subsec. (f)(4). Pub. L. 105–277, § 142(p)(6), substituted ‘‘title and notify such national governing body of such probation and of the actions needed to comply with such requirements.’’ for ‘‘title.’’ § 220529. Arbitration of corporation determina- tions (a) RIGHT TO REVIEW.—A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider des- ignated by the corporation under section 220522(a)(4). (b) PROCEDURE.—(1) A demand for arbitration must be submitted within 30 days after the de- termination of the corporation. (2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in ef- fect at the time the demand is filed, except that— (A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number; (B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbi- trators is expressly required by the contesting parties. (4) Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding. (5) The parties may offer any evidence they de- sire and shall produce any additional evidence the arbitrators believe is necessary to an under- standing and determination of the dispute. The arbitrators shall be the sole judges of the rel- evancy and materiality of the evidence offered. Conformity to legal rules of evidence is not nec- essary. (c) SETTLEMENT.—The arbitrators may settle a dispute arising under this chapter before mak- ing a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation. (d) BINDING NATURE OF DECISION.—Final deci- sion of the arbitrators is binding on the parties if the award is not inconsistent with the con- stitution and bylaws of the corporation. (e) REOPENING HEARINGS.—(1) At any time be- fore a final decision is made, the hearings may be reopened by the arbitrators on their own mo- tion or on the motion of a party. (2) If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the deci- sion must agree to reopen the hearings. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1478; Pub. L. 116–189, § 7(e), Oct. 30, 2020, 134 Stat. 960.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220529(a) ..... 36:395(c)(1) (1st sen- tence). Sept. 21, 1950, ch. 975, title II, § 205(c), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3057. 220529(b)(1) 36:395(c)(1) (2d sen- tence). 220529(b)(2) 36:395(c)(1) (last sen- tence). 220529(b)(3) 36:395(c)(4). 220529(b)(4) 36:395(c)(3) (1st sen- tence). 220529(b)(5) 36:395(c)(3) (2d, last sentences). 220529(c) ..... 36:395(c)(2). 220529(d) ..... 36:395(c)(5). 220529(e) ..... 36:395(c)(6). In subsection (a), the reference to 36:391(c) is omitted because 36:391(c) is omitted as executed. See the revi- sion note for section 220522 of the revised title. The words ‘‘may obtain review by’’ are substituted for ‘‘The right to review . . . shall be to’’ for clarity. In subsection (b)(2)(A) and (B), the word ‘‘mutually’’ is omitted as unnecessary. In subsection (b)(4), the word ‘‘duly’’ is omitted as unnecessary. In subsection (c), the words ‘‘in any arbitration’’, ‘‘the provisions of’’, ‘‘mutually’’, and ‘‘to the pro- ceeding’’ are omitted as unnecessary. In subsection (d), the word ‘‘involved’’ is omitted as unnecessary. In subsection (e), the word ‘‘contesting’’ is omitted as unnecessary. In subsection (e)(2), the words ‘‘the reopening is based on the motion of a party’’ are substituted for ‘‘any con- testing party makes such a motion’’ for clarity. Editorial Notes AMENDMENTS 2020—Subsec. (a). Pub. L. 116–189 substituted ‘‘the ar- bitration and mediation provider designated by the cor- poration under section 220522(a)(4)’’ for ‘‘any regional office of the American Arbitration Association’’. § 220530. Other amateur sports organizations (a) IN GENERAL.—An applicable amateur sports organization shall— (1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); (2) establish reasonable procedures to limit one-on-one interactions, including commu- nications, between an amateur athlete who is a minor and an adult (who is not the minor’s legal guardian) at a facility under the jurisdic- tion of the applicable amateur sports organi- zation without being in an observable and in- terruptible distance from another adult, ex- cept under emergency circumstances; (3) offer and provide consistent training to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention and report- ing of child abuse to allow a complainant to report easily an incident of child abuse to ap- propriate persons; and (4) prohibit retaliation, by the applicable amateur sports organization, against any indi- vidual who makes— Page 319 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220531 (A) a report under paragraph (1); or (B) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse. (b) DEFINITION OF APPLICABLE AMATEUR SPORTS ORGANIZATION.—In this section, the term ‘‘applicable amateur sports organization’’ means an amateur sports organization— (1) that is not otherwise subject to the re- quirements under subchapter III; (2) that participates in an interstate or international amateur athletic competition; and (3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor. (Added Pub. L. 115–126, title II, § 204(a), Feb. 14, 2018, 132 Stat. 324; amended Pub. L. 116–189, § 7(f), Oct. 30, 2020, 134 Stat. 960.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(2). Pub. L. 116–189, § 7(f)(1), inserted ‘‘, including communications,’’ after ‘‘interactions’’. Subsec. (a)(4). Pub. L. 116–189, § 7(f)(2), substituted ‘‘makes—’’ and subpars. (A) and (B) for ‘‘makes a report under paragraph (1).’’ § 220530A. Annual report on equal treatment of athletes (a) IN GENERAL.—Not less frequently than an- nually, each national governing body shall sub- mit to the corporation and Congress a report on the compliance of the national governing body with paragraphs (7) and (8) of section 220524(a). (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(b)(2)(A), Jan. 5, 2023, 136 Stat. 6177.) 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 III—GRANT TO KEEP YOUNG ATHLETES SAFE Editorial Notes CODIFICATION Another subchapter III (§ 220541 et seq.) relating to United States Center for SafeSport was redesignated subchapter IV of this chapter. AMENDMENTS 2018—Pub. L. 115–141, div. S, title III, § 302(a), Mar. 23, 2018, 132 Stat. 1127, added subchapter heading. § 220531. Grant to protect young athletes from abuse (a) AUTHORITY.—The Attorney General may award a grant to an eligible nonprofit non- governmental entity in order to support over- sight of the United States Olympic and Paralympic Committee and each national gov- erning body with regard to safeguarding ama- teur athletes against abuse, including emo- tional, physical, and sexual abuse in sports. (b) APPLICATIONS.—To be eligible to receive a grant under this section, a nonprofit nongovern- mental entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attor- ney General may require, including information that demonstrates that the entity has— (1) nationally recognized expertise in pre- venting and investigating emotional, physical, and sexual abuse in the athletic programs of the United States Olympic and Paralympic Committee and each national governing body; and (2) the capacity to oversee regular and ran- dom audits to ensure that the policies and pro- cedures used by the United States Olympic and Paralympic Committee and each national governing body to prevent and identify the abuse of an amateur athlete are followed cor- rectly. (c) USE OF GRANT AMOUNT.—An entity that re- ceives a grant under this section may use such funds— (1) to develop and test new training mate- rials for emotional, physical, and sexual abuse prevention and identification education in youth athletic programs; (2) for staff salaries, travel expenses, equip- ment, printing, and other reasonable expenses necessary to develop, maintain, and dissemi- nate to the United States Olympic and Paralympic Committee, each national gov- erning body, and other amateur sports organi- zations information about safeguarding ama- teur athletes against abuse, including emo- tional, physical, and sexual abuse in sports; and (3) to oversee the administration of the pro- cedures described in subsection (b)(2). (d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $2,500,000 for each of the fiscal years 2018 through 2022. (2) AVAILABILITY OF GRANT FUNDS.—Funds appropriated under this section shall remain available until expended. (Added Pub. L. 115–141, div. S, title III, § 302(a), Mar. 23, 2018, 132 Stat. 1127; amended Pub. L. 116–189, §§ 4(a)(11), 7(a)(2)(A)(vi), Oct. 30, 2020, 134 Stat. 946, 957.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–189, § 7(a)(2)(A)(vi)(I), substituted ‘‘and each national governing body’’ for ‘‘, each na- tional governing body, and each paralympic sports or- ganization’’ wherever appearing. Pub. L. 116–189, § 4(a)(11), substituted ‘‘United States Olympic and Paralympic Committee’’ for ‘‘United States Olympic Committee’’ wherever appearing. Subsec. (c)(2). Pub. L. 116–189, § 7(a)(2)(A)(vi)(II), struck out ‘‘each paralympic sports organization,’’ after ‘‘each national governing body,’’.