-CITE-

36 USC CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

-HEAD-

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

-MISC1-

SUBCHAPTER I - CORPORATION

Sec.

220501. Definitions.(!1)

220502. Organization.

220503. Purposes.

220504. Membership.

220505. Powers.

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. Report.(!2)

220512. Complete teams.

SUBCHAPTER II - NATIONAL GOVERNING BODIES

220521. Recognition of amateur sports organizations as

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 competitions.

220526. Restricted amateur athletic competitions.

220527. Complaints against national governing bodies.

220528. Applications to replace an incumbent national

governing body.

220529. Arbitration of corporation determinations.

AMENDMENTS

1998 - Pub. L. 105-277, div. C. title I, Sec. 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.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 105-277 without

corresponding amendment of chapter analysis.

(!2) So in original. Does not conform to section catchline.

-End-

-CITE-

36 USC SUBCHAPTER I - CORPORATION 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

SUBCHAPTER I - CORPORATION

-End-

-CITE-

36 USC Sec. 220501 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220501. Title and Definitions

-STATUTE-

(a) Title. - This chapter may be cited as the "Ted Stevens

Olympic and Amateur Sports Act".

(b) Definitions. - For purposes of this chapter -

(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, regatta, or other event in which amateur

athletes 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) "corporation" means the United States Olympic Committee.

(5) "international amateur athletic competition" 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.

(6) "national governing body" means an amateur sports

organization that is recognized by the corporation under section

220521 of this title.

(7) "paralympic sports organization" means an amateur sports

organization which is recognized by the corporation under section

220521 of this title.

(8) "sanction" means a certificate of approval issued by a

national governing body.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105-277,

div. C, title I, Sec. 142(b)(2), (c), Oct. 21, 1998, 112 Stat.

2681-603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220501 36:373. Sept. 21, 1950, ch. 975,

title I, Sec. 103, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 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 grammatical 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.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 142(b)(2)(A), substituted "Title and

Definitions" for "Definitions" in section catchline.

Subsec. (a). Pub. L. 105-277, Sec. 142(b)(2)(B), added subsec.

(a).

Subsec. (b). Pub. L. 105-277, Sec. 142(b)(2)(C), designated

existing provisions as subsec. (b) and inserted heading.

Subsec. (b)(1). Pub. L. 105-277, Sec. 142(c)(1), inserted "or

paralympic sports organization" after "national governing body".

Subsec. (b)(7), (8). Pub. L. 105-277, Sec. 142(c)(2), (3), added

par. (7) and redesignated former par. (7) as (8).

REPORT TO CONGRESS ON EFFECTIVENESS OF CHAPTER AND PROPOSED CHANGES

Pub. L. 105-277, div. C, title I, Sec. 142(q), Oct. 21, 1998, 112

Stat. 2681-609, provided that: "Five years from the date of the

enactment of this Act [Oct. 21, 1998], the United States Olympic

Committee shall submit a special report to the Congress on the

effectiveness of the provisions of chapter 2205 of title 36, United

States Code, as amended by this Act, together with any additional

proposed changes to that chapter the United States Olympic

Committee determines are appropriate."

-End-

-CITE-

36 USC Sec. 220502 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220502. Organization

-STATUTE-

(a) Federal Charter. - The corporation is a federally chartered

corporation.

(b) Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

(c) References to United States Olympic Association. - Any

reference to the United States Olympic Association is deemed to

refer to the United States Olympic Committee.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220502(a) 36:371 (1st Sept. 21, 1950, ch. 975,

sentence). title I, Sec. 101 (1st

sentence), formerly Sec.

1(1st sentence), 64 Stat.

899; Nov. 8, 1978, Pub. L.

95-606, Sec. 1(a)(1), (2),

92 Stat. 3045.

36:372. Sept. 21, 1950, ch. 975,

title I, Secs. 102, 105(a)

(words before cl. (1)

related to perpetual

succession), as added Nov.

8, 1978, Pub. L. 95-606,

Sec. 1(b), 92 Stat. 3045,

3047.

220502(b) 36:375(a) (words

before cl. (1)

related to

perpetual

succession).

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 unnecessary and

executed words.

In subsection (b), the words "Except as otherwise provided" 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 designated on and after August 10, 1964, as the

United States Olympic Committee and" are omitted as executed. 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.

-End-

-CITE-

36 USC Sec. 220503 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220503. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to establish national goals for amateur athletic activities

and encourage the attainment of those goals;

(2) to coordinate and develop amateur athletic activity in the

United States, directly related to international amateur athletic

competition, to foster productive working relationships among

sports-related organizations;

(3) to exercise exclusive jurisdiction, directly or through

constituent members of committees, over -

(A) all matters pertaining to United States participation in

the Olympic Games, the Paralympic Games, and the Pan-American

Games, including representation of the United States in the

games; and

(B) the organization of the Olympic Games, the Paralympic

Games, and the Pan-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, and Pan-American Games;

(5) to promote and support amateur athletic activities

involving the United States and foreign nations;

(6) to promote and encourage physical fitness and public

participation in amateur athletic activities;

(7) to assist organizations and persons concerned with sports

in the development of amateur athletic programs for amateur

athletes;

(8) to provide swift resolution of conflicts and disputes

involving amateur athletes, national 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 amateur athletic facilities

for use by amateur athletes and assist in making existing amateur

athletic facilities available for use by amateur athletes;

(10) to provide and coordinate technical information on

physical training, equipment design, coaching, and performance

analysis;

(11) to encourage and support research, development, and

dissemination of information in the areas of sports medicine and

sports safety;

(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,

including, where feasible, the expansion of opportunities for

meaningful participation by such amateur athletes in programs of

athletic competition for able-bodied amateur athletes; and

(14) to encourage and provide assistance to amateur athletes of

racial and ethnic minorities for the purpose of eliciting the

participation of those minorities in amateur athletic activities

in which they are underrepresented.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105-277,

div. C, title I, Sec. 142(d), 112 Stat. 2681-603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220503 36:374. Sept. 21, 1950, ch. 975,

title I, Sec. 104, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3046.

--------------------------------------------------------------------

Before clause (1), the word "objects" is omitted as included in

"purposes".

In clause (4), the word "competition" is omitted as included in

"each event".

AMENDMENTS

1998 - Pars. (3), (4). Pub. L. 105-277, Sec. 142(d)(1),

substituted "Olympic Games, the Paralympic Games" for "Olympic

Games" wherever appearing.

Par. (13). Pub. L. 105-277, Sec. 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 disabilities, including, where feasible, the

expansion of opportunities for meaningful participation by

individuals with disabilities in programs of athletic competition

for able-bodied individuals; and".

-End-

-CITE-

36 USC Sec. 220504 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220504. Membership

-STATUTE-

(a) Eligibility. - Eligibility for membership in the corporation

is as provided in the constitution and bylaws of the corporation.

(b) Required Provisions for Representation. - In its constitution

and bylaws, the corporation shall establish and maintain provisions

with respect to its governance and the conduct of its affairs for

reasonable representation of -

(1) amateur sports organizations recognized as national

governing bodies and paralympic sports organizations in

accordance with section 220521 of this title, including through

provisions which establish and maintain 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 corporation

and such national governing bodies and paralympic sports

organizations;

(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, 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 corporation and such amateur

athletes; and

(B) ensure that the membership and voting power held by such

amateur athletes is not less than 20 percent of the membership

and voting power held in the board of directors of the

corporation and in the committees and entities of the

corporation;

(3) amateur sports organizations that conduct 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, or the Pan-American Games on a level

of proficiency appropriate 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 interests of the American public in the activities of the

corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1467; Pub. L. 105-277,

div. C, title I, Sec. 142(e), 112 Stat. 2681-603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220504 36:376. Sept. 21, 1950, ch. 975,

title I, Sec. 106, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 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.

AMENDMENTS

1998 - Subsec. (b)(1), (2). Pub. L. 105-277, Sec. 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 national

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, Sec. 142(e)(2), inserted ", the

Paralympic Games," after "Olympic Games".

-End-

-CITE-

36 USC Sec. 220505 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220505. Powers

-STATUTE-

(a) Constitution and Bylaws. - The corporation 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 amendment;

(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 persons that they may

submit materials as authorized in clause (2) of this

subsection; and

(2) gives all interested persons an opportunity to submit

written comments and information for at least 60 days after

publication of notice of the proposed amendment and before

adoption of the amendment.

(b) General Corporate Powers. - The corporation 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 furtherance of its

corporate purposes;

(5) acquire, own, lease, encumber, and transfer property as

necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure

its obligations by granting security interests in its property;

(7) publish a magazine, newspaper, and other publications

consistent with its corporate purposes;

(8) approve and revoke membership in the corporation;

(9) sue and be sued, except that any civil action brought in a

State court against the corporation and solely relating to the

corporation's responsibilities under this Act (!1) 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 jurisdiction

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 amateur athletic

activity in the United States directly related to international

amateur athletic competition;

(2) represent the United States as its national Olympic

committee in relations with the International Olympic Committee

and the Pan-American Sports Organization and as its national

Paralympic committee in relations with the International

Paralympic Committee;

(3) organize, finance, and control the representation of the

United States in the competitions and events of the Olympic

Games, the Paralympic Games, and the Pan-American Games, and

obtain, directly or by delegation to the appropriate national

governing body, amateur representation for those games;

(4) recognize eligible amateur sports organizations as national

governing bodies for any sport that is included on the program of

the Olympic Games or the Pan-American Games, or as paralympic

sports organizations for any sport that is included on the

program of the Paralympic Games;

(5) facilitate, through orderly and effective administrative

procedures, the resolution of conflicts or disputes that involve

any of its members and any amateur athlete, coach, trainer,

manager, administrator, official, national governing body, or

amateur sports organization and that arise in connection with

their eligibility for and participation in the Olympic Games, the

Paralympic Games, the Pan-American Games, world championship

competition, the Pan-American world championship competition, or

other protected competition as defined in the constitution and

bylaws of the corporation; and

(6) provide financial assistance to any organization or

association, except a corporation organized for profit, in

furtherance of the purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1468; Pub. L. 105-277,

div. C, title I, Sec. 142(f), 112 Stat. 2681-604.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220505(a) 36:375(b). Sept. 21, 1950, ch. 975,

title I, Secs. 105 (less (a)

(words before cl. (1)

related to perpetual

succession)), 109, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3047, 3048.

220505(b) 36:375(a) (words

before cl. (1) less

perpetual

succession),

(6)-(10), (12)-(16).

36:379.

220505(c) 36:375(a) (words

before cl. (1) less

perpetual

succession),

(1)-(5), (11).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "not inconsistent

with the laws of the United States or of any State" are omitted as

unnecessary. In clause (1), the word "amendment" is substituted for

"alteration" for consistency. Before subclause (A), the word

"general" is omitted as unnecessary. In subclause (B), the words

"adoption of the amendment" are substituted for "the alteration"

for clarity. In clause (2), the word "comments" is substituted for

"views, or arguments" to omit unnecessary words. The words "a

period of" are omitted as unnecessary.

In subsection (b), the text of 36:379 is omitted as executed and

obsolete. In clause (4), the word "devises" is substituted for

"devices" to use standard contemporary spelling. In clause (5), the

words "acquire, own, lease, encumber, and transfer" are substituted

for "acquire, hold, and dispose of" for consistency in the revised

title. The words "real and personal" and "may be" are omitted as

unnecessary. The words "to carry out the purposes of the

corporation" are substituted for "for its corporate purposes" for

consistency in the revised title. In clause (6), the words "to

carry out its corporate purposes" are omitted as unnecessary and

for consistency in the revised title. The words "issue instruments

of indebtedness, and secure its obligations by granting security

interests in its property" are substituted for "issue notes, bonds,

or other evidences of indebtedness therefor, and secure the same by

mortgage" for consistency in the revised title. The words "subject

in each case to the laws of the United States or of any State" are

omitted as unnecessary.

AMENDMENTS

1998 - Subsec. (b)(9). Pub. L. 105-277, Sec. 142(f)(1),

substituted "sued, except that any civil action brought in a State

court against the corporation and solely relating to the

corporation's responsibilities under this Act 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 jurisdiction 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" for "sued; and".

Subsec. (c)(2). Pub. L. 105-277, Sec. 142(f)(2)(A), substituted

"Organization and as its national Paralympic committee in relations

with the International Paralympic Committee;" for "Organization".

Subsec. (c)(3). Pub. L. 105-277, Sec. 142(f)(2)(B), substituted

"Games, the Paralympic Games, and" for "Games and of".

Subsec. (c)(4). Pub. L. 105-277, Sec. 142(f)(2)(C), substituted

"Games, or as paralympic sports organizations for any sport that is

included on the program of the Paralympic Games;" for "Games;".

Subsec. (c)(5). Pub. L. 105-277, Sec. 142(f)(2)(D), substituted

"Games, the Paralympic Games, the Pan-American Games, world

championship competition," for "Games,".

-FOOTNOTE-

(!1) So in original. Probably should be "chapter".

-End-

-CITE-

36 USC Sec. 220506 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220506. Exclusive right to name, seals, emblems, and badges

-STATUTE-

(a) Exclusive Right of Corporation. - Except as provided in

subsection (d) of this section, the corporation has the exclusive

right to use -

(1) the name "United States Olympic Committee";

(2) the symbol of the International Olympic Committee,

consisting of 5 interlocking rings, the symbol of the

International Paralympic Committee, consisting of 3 TaiGeuks, or

the symbol of the Pan-American Sports Organization, consisting of

a torch surrounded by concentric rings;

(3) the emblem of the corporation, consisting of an escutcheon

having a blue chief and vertically extending red and white bars

on the base with 5 interlocking rings displayed on the chief; and

(4) the words "Olympic", "Olympiad", "Citius Altius Fortius",

"Paralympic", "Paralympiad", "Pan-American", "America Espirito

Sport Fraternite", or any combination of those words.

(b) Contributors and Suppliers. - The corporation may authorize

contributors and suppliers of goods or services to use the trade

name of the corporation or any trademark, symbol, insignia, or

emblem of the International Olympic Committee, International

Paralympic Committee, the Pan-American Sports Organization, or of

the corporation to advertise that the contributions, goods, or

services were donated or supplied to, or approved, selected, or

used by, the corporation, the United States Olympic team, the

Paralympic team, the Pan-American team, or team members.

(c) Civil Action for Unauthorized Use. - Except as provided in

subsection (d) of this section, the corporation may file a civil

action against a person for the remedies provided in the Act of

July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the

Trademark Act of 1946) if the person, without the consent of the

corporation, uses for the purpose of trade, to induce the sale of

any goods or services, or to promote any theatrical exhibition,

athletic performance, or competition -

(1) the symbol described in subsection (a)(2) of this section;

(2) the emblem described in subsection (a)(3) of this section;

(3) the words described in subsection (a)(4) of this section,

or any combination or simulation of those words tending to cause

confusion or mistake, to deceive, or to falsely suggest a

connection with the corporation or any Olympic, Paralympic, or

Pan-American Games activity; or

(4) any trademark, trade name, sign, symbol, or insignia

falsely representing association with, or authorization by, the

International Olympic Committee, the International Paralympic

Committee, the Pan-American Sports Organization, or the

corporation.

(d) Pre-Existing and Geographic Reference Rights. - (1) A person

who actually used the emblem described in subsection (a)(3) of this

section, or the words or any combination of the words described in

subsection (a)(4) of this section, for any lawful purpose before

September 21, 1950, is not prohibited by this section from

continuing the lawful use for the same purpose and for the same

goods or services.

(2) A person who actually used, or whose assignor actually used,

the words or any combination of the words described in subsection

(a)(4) of this section, or a trademark, trade name, sign, symbol,

or insignia described in subsection (c)(4) of this section, for any

lawful purpose before September 21, 1950, is not prohibited by this

section from continuing the lawful use for the same purpose and for

the same goods or services.

(3) Use of the word "Olympic" to identify a business or goods or

services is permitted by this section where -

(A) such use is not combined with any of the intellectual

properties referenced in subsections (!1) (a) or (c) of this

section;

(B) it is evident from the circumstances that such use of the

word "Olympic" refers to the naturally occurring mountains or

geographical region of the same name that were named prior to

February 6, 1998, and not to the corporation or any Olympic

activity; and

(C) such business, goods, or services are operated, sold, and

marketed in the State of Washington west of the Cascade Mountain

range and operations, sales, and marketing outside of this area

are not substantial.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105-277,

div. C, title I, Sec. 142(g), 112 Stat. 2681-604.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220506(a) 36:380(c). Sept. 21, 1950, ch. 975,

title I, Sec. 110, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3048.

220506(b) 36:380(b).

220506(c) 36:380(a) (1st

sentence).

220506(d) 36:380(a) (2d, last

sentences).

--------------------------------------------------------------------

Subsection (a)(2) and (3) is substituted for "the symbol

described in subsection (a)(1) of this section; the emblem

described in subsection (a)(2) of this section" because of the

reorganization of the section.

In subsection (b), the words "or any trademark" are substituted

for "as well as any trademark" to eliminate unnecessary words. The

words "furnished . . . or for the use of" are omitted as

unnecessary.

In subsection (c), the words "the corporation may file a civil

action against a person" are substituted for "any person . . .

shall be subject to suit in a civil action by the Corporation" for

clarity.

In subsection (d)(2), the words "the words or any combination of

the words described in subsection (a)(4) of this section, or a

trademark, trade name, sign, symbol, or insignia described in

subsection (c)(4) of this section" are substituted for "any other

trademark, trade name, sign, symbol, or insignia described in

subsections (a)(3) and (4) of this section" for clarity.

-REFTEXT-

REFERENCES IN TEXT

The Trademark Act of 1946, referred to in subsec. (c), is act

July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly

known as the Lanham Act, which is classified generally to chapter

22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 1051 of Title 15 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 142(g)(1),

substituted "rings, the symbol of the International Paralympic

Committee, consisting of 3 TaiGeuks, or the symbol of the

Pan-American Sports Organization, consisting of a torch surrounded

by concentric rings;" for "rings;".

Subsec. (a)(4). Pub. L. 105-277, Sec. 142(g)(2), inserted "

'Paralympic', 'Paralympiad', 'Pan-American', 'America Espirito

Sport Fraternite'," before "or any combination".

Subsec. (b). Pub. L. 105-277, Sec. 142(g)(3), (4), inserted ",

International Paralympic Committee, the Pan-American Sports

Organization," after "International Olympic Committee" and "the

Paralympic team," before "the Pan-American team".

Subsec. (c)(3). Pub. L. 105-277, Sec. 142(g)(5), inserted ",

Paralympic, or Pan-American Games" after "any Olympic".

Subsec. (c)(4). Pub. L. 105-277, Sec. 142(g)(6), inserted ", the

International Paralympic Committee, the Pan-American Sport

Organization," after "International Olympic Committee".

Subsec. (d). Pub. L. 105-277, Sec. 142(g)(7), inserted "and

Geographic Reference" after "Pre-Existing" in heading.

Subsec. (d)(3). Pub. L. 105-277, Sec. 142(g)(8), added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 1116, 1117,

1125; title 18 section 2320.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

36 USC Sec. 220507 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220507. Restrictions

-STATUTE-

(a) Profit and Stock. - The corporation may not engage in

business for profit or issue stock.

(b) Political Activities. - The corporation shall be nonpolitical

and may not promote the candidacy of an individual seeking public

office.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220507(a) 36:378. Sept. 21, 1950, ch. 975,

title I, Secs. 107, 108, as

added Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3048.

220507(b) 36:377.

--------------------------------------------------------------------

In subsection (a), the words "may not" are substituted for "shall

have no power to" for consistency in the revised title. The words

"capital", "pecuniary", and "or gain" are omitted as unnecessary.

In subsection (b), the words "as an organization" are omitted as

unnecessary.

-End-

-CITE-

36 USC Sec. 220508 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220508. Headquarters, principal office, and meetings

-STATUTE-

The corporation shall maintain its principal office and national

headquarters in a place in the United States decided by the

corporation. The corporation may hold its annual and special

meetings in the places decided by the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220508 36:371 (last Sept. 21, 1950, ch. 975,

sentence). title I, Sec. 101 (last

sentence), formerly Sec. 1

(last sentence), 64 Stat.

899; Nov. 8, 1978, Pub. L.

95-606, Sec. 1(a)(3), 92

Stat. 3045.

--------------------------------------------------------------------

The word "decided" is substituted for "as is determined" and for

"shall determine" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 220509 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220509. Resolution of disputes

-STATUTE-

(a) General. - The corporation shall establish and maintain

provisions in its constitution and bylaws for the swift and

equitable resolution of disputes involving any of its members and

relating to the opportunity of an amateur athlete, coach, trainer,

manager, administrator, or official to participate in the Olympic

Games, the Paralympic Games, the Pan-American Games, world

championship competition, or other protected competition as defined

in the constitution and bylaws of the corporation. In any lawsuit

relating to the resolution of a dispute involving the opportunity

of an amateur athlete to participate in the Olympic Games, the

Paralympic Games, or the Pan-American Games, a court shall not

grant injunctive relief against the corporation within 21 days

before the beginning of such games if the corporation, after

consultation with the chair of the Athletes' Advisory Council, has

provided a sworn statement in writing executed by an officer of the

corporation to such court that its constitution and bylaws cannot

provide for the resolution of such dispute prior to the beginning

of such games.

(b) Ombudsman. -

(1) The corporation shall hire and provide salary, benefits,

and administrative expenses for an ombudsman for athletes, who

shall -

(A) provide independent advice to athletes at no cost about

the applicable provisions of this chapter and the constitution

and bylaws of the corporation, national governing bodies, a

(!1) paralympic sports organizations, international sports

federations, the International Olympic Committee, the

International Paralympic Committee, and the Pan-American Sports

Organization, and with respect to the resolution of any dispute

involving the opportunity of an amateur athlete to participate

in the Olympic Games, the Paralympic Games, the Pan-American

Games, world championship competition or other protected

competition as defined in the constitution and bylaws of the

corporation;

(B) assist in mediating any such disputes; and

(C) report to the Athletes' Advisory Council on a regular

basis.

(2)(A) The procedure for hiring the ombudsman for athletes

shall be as follows:

(i) The Athletes' Advisory Council shall provide the

corporation's executive director with the name of one qualified

person to serve as ombudsman for athletes.

(ii) The corporation's executive director shall immediately

transmit the name of such person to the corporation's executive

committee.

(iii) The corporation's executive committee shall hire or not

hire such person after fully considering the advice and counsel

of the Athletes' Advisory Council.

If there is a vacancy in the position of the ombudsman for

athletes, the nomination and hiring procedure set forth in this

paragraph shall be followed in a timely manner.

(B) The corporation may terminate the employment of an

individual serving as ombudsman for athletes only if -

(i) the termination is carried out in accordance with the

applicable policies and procedures of the corporation;

(ii) the termination is initially recommended to the

corporation's executive committee by either the corporation's

executive director or by the Athletes' Advisory Council; and

(iii) the corporation's executive committee fully considers

the advice and counsel of the Athletes' Advisory Council prior

to deciding whether or not to terminate the employment of such

individual.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105-277,

div. C, title I, Sec. 142(h), 112 Stat. 2681-605.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220509 36:382b. Sept. 21, 1950, ch. 975,

title I, Sec. 114, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3049.

--------------------------------------------------------------------

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 142(h)(1), designated

existing provisions as subsec. (a), and inserted heading.

Pub. L. 105-277, Sec. 142(h)(2), inserted "the Paralympic Games,"

before "the Pan-American Games".

Pub. L. 105-277, Sec. 142(h)(3), inserted at end "In any lawsuit

relating to the resolution of a dispute involving the opportunity

of an amateur athlete to participate in the Olympic Games, the

Paralympic Games, or the Pan-American Games, a court shall not

grant injunctive relief against the corporation within 21 days

before the beginning of such games if the corporation, after

consultation with the chair of the Athletes' Advisory Council, has

provided a sworn statement in writing executed by an officer of the

corporation to such court that its constitution and bylaws cannot

provide for the resolution of such dispute prior to the beginning

of such games."

Subsec. (b). Pub. L. 105-277, Sec. 142(h)(4), added subsec. (b).

-FOOTNOTE-

(!1) So in original. The word "a" probably should not appear.

-End-

-CITE-

36 USC Sec. 220510 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220510. Service of process

-STATUTE-

As a condition to the exercise of any power or privilege granted

by this chapter, the corporation shall have a designated agent in

the State of Colorado to receive service of process for the

corporation. Notice to or service on the agent, or mailed to the

business address of the agent, is notice to or service on the

corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105-277,

div. C, title I, Sec. 142(i), 112 Stat. 2681-606.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220510 36:381. Sept. 21, 1950, ch. 975,

title I, Sec. 111, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3049.

--------------------------------------------------------------------

The words "precedent" and "or conferred" are omitted as

unnecessary. The words "with the secretary of state or other

designated official" are substituted for "in the office of the

secretary of state, or similar office" for consistency in the

revised title. The words "post-office" and "authorized" are omitted

as unnecessary. The words "legal process" are substituted for

"local process" for consistency in the revised title.

AMENDMENTS

1998 - Pub. L. 105-277 amended text generally. Prior to

amendment, text read as follows: "As a condition to the exercise of

any power or privilege granted by this chapter, the corporation

shall file, with the secretary of state or other designated

official of each State, the name and address of an agent in that

State on whom legal process or demands against the corporation may

be served."

-End-

-CITE-

36 USC Sec. 220511 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220511. Annual report

-STATUTE-

(a) Submission to President and Congress. - The corporation

shall, on or before the first day of June, 2001, and every fourth

year thereafter, transmit simultaneously to the President and to

each House of Congress a detailed report of its operations for the

preceding 4 years, including -

(1) a complete statement of its receipts and expenditures;

(2) a comprehensive description of the activities and

accomplishments of the corporation during such 4-year period;

(3) data concerning the participation of women, disabled

individuals, and racial and ethnic minorities in the amateur

athletic activities and administration of the corporation and

national governing bodies; and

(4) a description of the steps taken to encourage the

participation of women, disabled individuals, and racial

minorities in amateur athletic activities.

(b) Availability to Public. - The corporation shall make copies

of the report available to interested persons at a reasonable cost.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,

div. C, title I, Sec. 142(j)(1), 112 Stat. 2681-606.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220511 36:382a(a). Sept. 21, 1950, ch. 975,

title I, Sec. 113(a), as

added Nov. 8, 1978, Pub. L.

95-606, Sec. 1(b), 92 Stat.

3049.

--------------------------------------------------------------------

In subsection (a)(1), the words "full and" are omitted as

unnecessary.

AMENDMENTS

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 receipts and

expenditures; and

"(2) a comprehensive description of the activities and

accomplishments of the corporation during the prior year."

-End-

-CITE-

36 USC Sec. 220512 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER I - CORPORATION

-HEAD-

Sec. 220512. Complete teams

-STATUTE-

In obtaining representation for the United States in each

competition and event of the Olympic Games, Paralympic Games, and

Pan-American Games, the corporation, either directly or by

delegation to the appropriate national governing body or paralympic

sports organization, 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 eligibility standard of the

national governing body and the Corporation,(!1) when the number of

athletes who have met the eligibility standards of such entities is

insufficient to fill the roster for an event.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 142(k)(1), Oct. 21,

1998, 112 Stat. 2681-606.)

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

36 USC SUBCHAPTER II - NATIONAL GOVERNING BODIES 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-End-

-CITE-

36 USC Sec. 220521 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220521. Recognition of amateur sports organizations as

national governing bodies

-STATUTE-

(a) General Authority. - For any sport which is included on the

program of the Olympic Games, the Paralympic Games, or the

Pan-American Games, the corporation is authorized to recognize as a

national governing body (in the case of a sport on the program of

the Olympic Games or Pan-American Games) or as a paralympic sports

organization (in the case of a sport on the program of the

Paralympic Games for which a national governing body has not been

designated under section 220522(b)) an amateur sports organization

which files an application and is eligible for such recognition in

accordance with the provisions of subsections (!1) (a) or (b) of

section 220522. The corporation may recognize only one national

governing body for each sport for which an application is made and

approved, except as provided in section 220522(b) with respect to a

paralympic sports organization.

(b) Public Hearing. - Before recognizing an organization as a

national governing body, the corporation shall hold at least 2

public hearings on the application. The corporation shall publish

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, before 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 amateur sports

organizations known to the corporation in that sport.

(c) Recommendation to International Sports Federation. - Within

61 days after recognizing an organization as a national governing

body, the corporation shall recommend and support 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 Recognition. - The corporation may review all

matters related to the continued recognition of an organization as

a national governing body and may take action it considers

appropriate, including placing conditions on the continued

recognition.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,

div. C, title I, Sec. 142(l), 112 Stat. 2681-607.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220521(a) 36:391(a) (1st, 2d Sept. 21, 1950, ch. 975,

sentences). title II, Secs. 201(a), (d),

204, 205(b)(5), as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 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 eliminate

unnecessary words.

In subsection (c), the words "in accordance with subsection (a)

of this section" in 36:391(d) and "in accordance with this

subsection" in 36:395(b)(5) are omitted as unnecessary.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 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

organization that files an application and is eligible under

section 220522 of this title."

Pub. L. 105-277, Sec. 142(l)(2), substituted "approved, except as

provided in section 220522(b) with respect to a paralympic sports

organization." for "approved."

Subsec. (b). Pub. L. 105-277, Sec. 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 application, 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 220501, 220504 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

36 USC Sec. 220522 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220522. Eligibility requirements

-STATUTE-

(a) General. - An amateur sports organization is eligible to be

recognized, or to continue to be recognized, as a national

governing body only if it -

(1) is incorporated under the laws of a State of the United

States or the District of Columbia as a not-for-profit

corporation having as its purpose the advancement of amateur

athletic competition;

(2) has the managerial and financial capability to plan and

execute its obligations;

(3) submits -

(A) an application, in the form required by the corporation,

for recognition as a national governing body;

(B) a copy of its corporate charter and bylaws; and

(C) any additional information considered necessary or

appropriate by the corporation;

(4) agrees to submit to binding arbitration in any controversy

involving -

(A) its recognition as a national governing body, as provided

for in section 220529 of this title, upon demand of the

corporation; and

(B) the opportunity of any amateur athlete, coach, trainer,

manager, administrator or official to participate in amateur

athletic competition, upon demand of the corporation or any

aggrieved amateur athlete, coach, trainer, manager,

administrator or official, conducted in accordance with the

Commercial Rules of the American Arbitration Association, as

modified and provided for in the corporation's constitution and

bylaws, except that if the Athletes' Advisory Council and

National Governing Bodies' Council do not concur on any

modifications to such Rules, and if the corporation's executive

committee is not able to facilitate such concurrence, the

Commercial Rules of Arbitration shall apply unless at least

two-thirds of the corporation's board of directors approves

modifications to such Rules;

(5) demonstrates that it is autonomous in the governance of its

sport, in that it -

(A) independently decides and controls all matters central to

governance;

(B) does not delegate decision-making and control of matters

central to governance; and

(C) is free from outside restraint;

(6) demonstrates that it is a member of no more than one

international sports federation that governs a sport included on

the program of the Olympic Games or the Pan-American Games;

(7) demonstrates that its membership is open to any individual

who is an amateur athlete, coach, trainer, manager,

administrator, or official active in the sport for which

recognition is sought, or any amateur sports organization that

conducts programs in the sport for which recognition is sought,

or both;

(8) provides an equal opportunity to amateur athletes, coaches,

trainers, managers, administrators, and officials to participate

in amateur athletic competition, without discrimination on the

basis of race, color, religion, sex, age, or national origin, and

with fair notice and opportunity for a hearing to any amateur

athlete, coach, trainer, manager, administrator, or official

before declaring the individual ineligible to participate;

(9) is governed by a board of directors or other governing

board whose members are selected without regard to race, color,

religion, national origin, or sex, except that, in sports where

there are separate male and female programs, it provides for

reasonable representation of both males and females on the board

of directors or other governing board;

(10) demonstrates, based on guidelines approved by the

corporation, the Athletes' Advisory Council, and the National

Governing Bodies' Council, that its board of directors and other

such governing boards have established criteria and election

procedures for and maintain among their voting members

individuals who are actively engaged in amateur athletic

competition in the sport for which recognition is sought or who

have represented the United States in international amateur

athletic competition within the preceding 10 years, that any

exceptions to such guidelines by such organization have been

approved by the corporation, and that the voting power held by

such individuals is not less than 20 percent of the voting power

held in its board of directors and other such governing boards;

(11) provides for reasonable direct representation on its board

of directors or other governing board for any amateur sports

organization that -

(A) conducts a national program or regular national amateur

athletic competition in the applicable sport on a level of

proficiency appropriate for the selection of amateur athletes

to represent the United States in international amateur

athletic competition; and

(B) ensures that the representation reflects the nature,

scope, quality, and strength of the programs and competitions

of the amateur sports organization in relation to all other

programs and competitions in the sport in the United States;

(12) demonstrates that none of its officers are also officers

of any other amateur sports organization recognized as a national

governing body;

(13) provides procedures for the prompt and equitable

resolution of grievances of its members;

(14) does not have eligibility criteria related to amateur

status or to participation in the Olympic Games, the Paralympic

Games, or the Pan-American Games that are more restrictive than

those of the appropriate international sports federation; and

(15) demonstrates, if the organization is seeking to be

recognized as a national governing body, that it is prepared to

meet the obligations imposed on a national governing body under

sections 220524 and 220525 of this title.

(b) Recognition of Paralympic Sports Organizations. - For any

sport which is included on the program of the Paralympic Games, the

corporation is authorized to designate, where feasible and when

such designation would serve the best interest of the sport, and

with the approval of the affected national governing body, a

national governing body recognized under subsection (a) to govern

such sport. Where such designation is not feasible or would not

serve the best interest of the sport, the corporation is authorized

to recognize another amateur sports organization as a paralympic

sports organization to govern such sport, except that,

notwithstanding the other requirements of this chapter, any such

paralympic sports organization -

(1) shall comply only with those requirements, perform those

duties, and have those powers that the corporation, in its sole

discretion, determines are appropriate to meet the objects and

purposes of this chapter; and

(2) may, with the approval of the corporation, govern more than

one sport included on the program of the Paralympic Games.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277,

div. C, title I, Sec. 142(m), 112 Stat. 2681-607.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220522 36:391(b), (c). Sept. 21, 1950, ch. 975,

title II, Sec. 201(b), (c),

as added Nov. 8, 1978, Pub.

L. 95-606, Sec. 2, 92 Stat.

3050.

--------------------------------------------------------------------

In clause (1), the words "a State" are substituted for "any of

the several States" for consistency in the revised title.

In clause (3)(B), the words "upon application" are omitted as

unnecessary.

In clause (10)(B), the words "hold at least 20 percent of the

membership and voting power on the board" are substituted for "the

membership and voting power held . . . is not less than 20 percent

of such membership and voting power held in that board of directors

or other such governing board" to eliminate unnecessary words.

The text of 36:391(c) is omitted as executed.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 142(m)(1), designated existing

provisions as subsec. (a) and inserted heading.

Subsec. (a)(4). Pub. L. 105-277, Sec. 142(m)(2), added par. (4)

and struck out former par. (4) which read as follows: "agrees to

submit, on demand by the corporation, to binding arbitration

conducted in accordance with the commercial rules of the American

Arbitration Association in any controversy involving -

"(A) its recognition as a national governing body, as provided

for in section 220529 of this title; or

"(B) the opportunity of any amateur athlete, coach, trainer,

manager, administrator, or official to participate in amateur

athletic competition, as provided for in the corporation's

constitution and bylaws;".

Subsec. (a)(10). Pub. L. 105-277, Sec. 142(m)(3), added par. (10)

and struck out former par. (10) which read as follows:

"demonstrates that -

"(A) its board of directors or other governing board includes

among its voting members -

"(i) individuals who are actively engaged in amateur athletic

competition in the sport for which recognition is sought; or

"(ii) individuals who, within the prior 10 years, have

represented the United States in international amateur athletic

competition in the sport for which recognition is sought; and

"(B) the individuals described in subclause (A) of this clause

hold at least 20 percent of the membership and voting power on

the board;".

Subsec. (a)(14). Pub. L. 105-277, Sec. 142(m)(4), inserted "or to

participation in the Olympic Games, the Paralympic Games, or the

Pan-American Games" after "amateur status".

Subsec. (b). Pub. L. 105-277, Sec. 142(m)(5), added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 220521, 220527, 220528 of

this title.

-End-

-CITE-

36 USC Sec. 220523 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220523. Authority of national governing bodies

-STATUTE-

(a) Authority. - For the sport that it governs, a national

governing body may -

(1) represent the United States in the appropriate

international sports federation;

(2) establish national goals and encourage the attainment of

those goals;

(3) serve as the coordinating body for amateur athletic

activity in the United States;

(4) exercise jurisdiction over international amateur athletic

activities and sanction international amateur athletic

competition held in the United States and sanction the

sponsorship of international amateur athletic competition held

outside the United States;

(5) conduct amateur athletic competition, including national

championships, and international amateur athletic competition in

the United States, and establish procedures for determining

eligibility standards for participation in competition, except

for amateur athletic competition specified in section 220526 of

this title;

(6) recommend to the corporation individuals and teams to

represent the United States in the Olympic Games, the Paralympic

Games, and the Pan-American Games; and

(7) designate individuals and teams to represent the United

States in international amateur athletic competition (other than

the Olympic Games, the Paralympic Games, and the Pan-American

Games) and certify, in accordance with applicable international

rules, the amateur eligibility of those individuals and teams.

(b) Replacement of National Governing Body Pursuant to

Arbitration. - A national governing body may not exercise any

authority under subsection (a) of this section for a particular

sport after another amateur sports organization has been declared

(in accordance with binding arbitration proceedings prescribed by

the organic documents of the corporation) entitled to replace that

national governing body as the member of the corporation for that

sport.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1473; Pub. L. 105-277,

div. C, title I, Sec. 142(n), 112 Stat. 2681-608.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220523(a) 36:393. Sept. 21, 1950, ch. 975,

title II, Sec. 203, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 2, 92 Stat.

3054.

220523(b) 36:393 note. July 8, 1980, Pub. L.

96-304, title I (last

sentence related to

limitation on exercise of

authority in par. under

heading "Salaries and

Expenses"), 94 Stat. 898.

--------------------------------------------------------------------

In subsection (b), the words "national governing body" are

omitted (the first time they appear) to eliminate unnecessary

words. The reference to "subsection (a) of this section" is

substituted for "section 203 of Public Law 95-606 as hereby

amended" because of the restatement. The word "corporation" is

substituted for "Committee" because of the definition of

"corporation" in section 220501 of this title.

AMENDMENTS

1998 - Subsec. (a)(6), (7). Pub. L. 105-277, which directed

substitution of "Games, the Paralympic Games, and" for "Games and"

in pars. (6) and (7) of this section, was executed by making the

substitution in pars. (6) and (7) of subsec. (a) to reflect the

probable intent of Congress.

-End-

-CITE-

36 USC Sec. 220524 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220524. General duties of national governing bodies

-STATUTE-

For the sport that it governs, a national governing body shall -

(1) develop interest and participation throughout the United

States and be responsible to the persons and amateur sports

organizations it represents;

(2) minimize, through coordination with other amateur sports

organizations, conflicts in the scheduling of all practices and

competitions;

(3) keep amateur athletes informed of policy matters and

reasonably reflect the views of the athletes in its policy

decisions;

(4) disseminate and distribute to amateur athletes, coaches,

trainers, managers, administrators, and officials in a timely

manner the applicable rules and any changes to such rules of the

national governing body, the corporation, the appropriate

international sports federation, the International Olympic

Committee, the International Paralympic Committee, and the

Pan-American Sports Organization;

(5) allow an amateur athlete to compete in any international

amateur athletic competition conducted by any amateur sports

organization or person, unless the national governing body

establishes that its denial is based on evidence that the

organization or person conducting the competition does not meet

the requirements stated in section 220525 of this title;

(6) provide equitable support and encouragement for

participation by women where separate programs for male and

female athletes are conducted on a national basis;

(7) encourage and support amateur athletic sports programs for

individuals with disabilities and the participation of

individuals with disabilities in amateur athletic activity,

including, where feasible, the expansion of opportunities for

meaningful participation by individuals with disabilities in

programs of athletic competition for able-bodied individuals;

(8) provide and coordinate technical information on physical

training, equipment design, coaching, and performance analysis;

and

(9) encourage and support research, development, and

dissemination of information in the areas of sports medicine and

sports safety.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 105-277,

div. C, title I, Sec. 142(o), 112 Stat. 2681-608.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220524 36:392(a)(1)-(3), Sept. 21, 1950, ch. 975,

(5)-(9). title II, Sec.

202(a)(1)-(3), (5)-(9), as

added Nov. 8, 1978, Pub. L.

95-606, Sec. 2, 92 Stat.

3052.

--------------------------------------------------------------------

In clause (4), the word "by" is substituted for "under its

auspices or that of . . . other" for clarity and to eliminate

unnecessary words. The words "the national governing body" are

substituted for "it" for clarity.

AMENDMENTS

1998 - Pars. (4) to (9). Pub. L. 105-277, added par. (4) and

redesignated former pars. (4) to (8) as (5) to (9), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 220522, 220527, 220528 of

this title.

-End-

-CITE-

36 USC Sec. 220525 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220525. Granting sanctions for amateur athletic competitions

-STATUTE-

(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 organization 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

amateur athletic competition would be detrimental to the best

interest of the sport; and

(B) the requirements of subsection (b) of this section are

met.

(b) Requirements. - An amateur sports organization 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 sanctioning fee, if the fee is reasonable and

nondiscriminatory.

(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 organization 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 organization or person sponsored for

the purpose of having United States amateur athletes compete in

international amateur athletic competition; and

(B) submit a letter from the appropriate entity that will

hold the international amateur athletic competition certifying

that the requirements of paragraph (4) of this subsection have

been met.

(4) The requirements referred to in paragraphs (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

amateur athletic competition;

(B) appropriate provision has been made for validation of any

records established during the competition;

(C) due regard has been given to any international amateur

athletic requirements specifically applicable to the

competition;

(D) the competition will be conducted by qualified officials;

(E) proper medical supervision will be provided for athletes

who will participate in the competition; and

(F) proper safety precautions have been taken to protect the

personal welfare of the athletes and spectators at the

competition.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1474.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220525(a)( 36:392(a)(4). Sept. 21, 1950, ch. 975,

1) title II, Sec. 202(a)(4),

(b), as added Nov. 8, 1978,

Pub. L. 95-606, Sec. 2, 92

Stat. 3052, 3053.

220525(a) 36:392(b) (words

(2)(A) before cl. (1)).

220525(a) (no source).

(2)(B)

220525(b) 36:392(b)(1) (words

(words before subcl. (A)),

before (2) (words before

par. (1)) subcl. (A)).

220525(b)( 36:392(b)(1)(A),

1) (2)(A).

220525(b) 36:392(b)(1)(C).

(2)(A)

220525(b) 36:392(b)(1)(B)

(2)(B) (words before

subcl. (i)).

220525(b) 36:392(b)(2)(C).

(3)(A)

220525(b) 36:392(b)(2)(B)

(3)(B) (words before

subcl. (i)).

220525(b)( 36:392(b)(1)(B)(i)-

4) (vi),

(2)(B)(i)-(vi).

--------------------------------------------------------------------

In subsection (a), the words "and determine whether to grant such

sanction, in accordance with the provisions 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 reorganization of the

section. Paragraph (1) is substituted for 36:392(b)(1)(A) and

(2)(A), and paragraph (4) is substituted for

36:392(b)(1)(B)(i)-(vi) and (2)(B)(i)-(vi), to avoid repeating

identical language.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 220522, 220524, 220527,

220528 of this title.

-End-

-CITE-

36 USC Sec. 220526 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220526. Restricted amateur athletic competitions

-STATUTE-

(a) Exclusive Jurisdiction. - An amateur sports organization that

conducts amateur athletic competition shall have exclusive

jurisdiction over that competition if participation is restricted

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 Competition. - An amateur sports

organization under subsection (a) of this section shall obtain a

sanction 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.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1475.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220526(a) 36:396 (1st Sept. 21, 1950, ch. 975,

sentence). title II, Sec. 206, as added

Nov. 8, 1978, Pub. L.

95-606, Sec. 2, 92 Stat.

3058.

220526(b) 36:396 (last

sentence).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 220523 of this title.

-End-

-CITE-

36 USC Sec. 220527 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220527. Complaints against national governing bodies

-STATUTE-

(a) General. - (1) An amateur sports organization 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 corporation. 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) Exhaustion of Remedies. - (1) An organization or person may

file a complaint under subsection (a) of this section only after

exhausting all available remedies within the national governing

body for correcting deficiencies, unless it can be shown by clear

and convincing evidence that those remedies would have resulted in

unnecessary delay.

(2) Within 30 days after a complaint is filed, the corporation

shall decide whether the organization or person has exhausted all

available remedies as required by paragraph (1) of this subsection.

If the corporation determines that the remedies have not been

exhausted, it may direct that the remedies be pursued before the

corporation considers the complaint further.

(c) Hearings. - If the corporation decides that all available

remedies have been exhausted as required by subsection (b)(1) of

this section, it 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 sections 220522, 220524,

and 220525 of this title.

(d) Disposition of Complaint. - (1) If the corporation 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 considers necessary to enable the national governing

body to comply with those sections; or

(B) revoke the recognition of the national governing body.

(3) If the corporation places a national governing 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 corporation shall revoke the recognition of the

national governing body.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1476.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220527(a)( 36:395(a)(1) (1st, Sept. 21, 1950, ch. 975,

1) last sentences). title II, Sec. 205(a), as

added Nov. 8, 1978, Pub. L.

95-606, Sec. 2, 92 Stat.

3055.

220527(a)( 36:395(a)(1) (3d

2) sentence).

220527(b)( 36:395(a)(1) (2d

1) sentence).

220527(b)( 36:395(a)(2).

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 remedies" for consistency with subsection

(b)(1) of this section. The words "within the applicable national

governing body" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 220529 of this title.

-End-

-CITE-

36 USC Sec. 220528 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220528. Applications to replace an incumbent national

governing body

-STATUTE-

(a) General. - An amateur sports organization may seek to replace

an incumbent as the national governing body for a particular sport

by filing a written application for recognition with the

corporation.

(b) Establishment of Procedures. - The corporation shall

establish procedures for the filing and disposition of applications

under this section. If 2 or more organizations file applications

for the same sport, the applications shall be considered 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 both the

Olympic and Pan-American Games; or

(B) any Pan-American Games, for a sport in which competition is

held in the Pan-American Games but not in the Olympic Games.

(2) The application shall be filed with the corporation by

certified mail, and a copy of the application shall be served on

the national governing body and with any other organization that

has filed an application. The corporation shall inform the

applicant that its application has been received.

(d) Hearings. - Within 180 days after receipt of an application

filed under this section, the corporation shall conduct a formal

hearing open to the public to determine the merits of the

application. The corporation shall publish notice of the time and

place of the hearing in a regular issue of its principal

publication at least 30 days, but not more than 60 days, before the

date of the hearing. The corporation also shall send written

notice, including a copy of the application, at least 30 days prior

to the date of the hearing to all amateur sports organizations

known to the corporation in that sport. In the hearing, the

applicant and the national governing body shall be given a

reasonable opportunity to present evidence supporting their

positions.

(e) Standards for Granting Applications. - In the hearing, the

applicant must establish by a preponderance of the evidence that -

(1) it meets the criteria for recognition as a national

governing body under section 220522 of this title; and

(2)(A) the national governing body does not meet the criteria

of section 220522, 220524, or 220525 of this title; or

(B) the applicant more adequately meets the criteria of section

220522 of this title, is capable of more adequately meeting the

criteria of sections 220524 and 220525 of this title, and

provides or is capable of providing a more effective national

program of competition than the national governing body in the

sport for which it seeks recognition.

(f) Disposition of Applications. - Within 30 days after the close

of the hearing required by this section, the corporation shall -

(1) uphold the right of the national governing body to continue

as the national governing body for its sport;

(2) revoke the recognition of the national governing body and

declare a vacancy in the national governing body for that sport;

(3) revoke the recognition of the national governing body and

recognize the applicant as the national governing body; or

(4) place the national governing body on probation for a period

not exceeding 180 days, pending the compliance of the national

governing body, if the national governing body would have

retained recognition except for a minor deficiency in one of the

requirements of section 220522, 220524, or 220525 of this title

and notify such national governing body of such probation and of

the actions needed to comply with such requirements.

(g) Revocation of Recognition After Probation. - If the national

governing body does not comply with sections 220522, 220524, and

220525 of this title within the probationary period prescribed

under subsection (f)(4) of this section, the corporation shall

revoke the recognition of the national governing body and either -

(1) recognize the applicant as the national governing body; or

(2) declare a vacancy in the national governing body for that

sport.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 105-277,

div. C, title I, Sec. 142(p), 112 Stat. 2681-609.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

220528(a) 36:395(b)(1) (1st Sept. 21, 1950, ch. 975,

sentence). title II, Sec.

205(b)(1)-(4), as added Nov.

8, 1978, Pub. L. 95-606,

Sec. 2, 92 Stat. 3056.

220528(b) 36:395(b)(1) (last

sentence), (2) (2d

sentence).

220528(c)( 36:395(b)(1) (2d

1) sentence).

220528(c)( 36:395(b)(2) (1st,

2) 3d, last sentences).

220528(d) 36:395(b)(3)

(1st-3d sentences).

220528(e) 36:395(b)(3) (last

sentence).

220528(f) 36:395(b)(4) (1st

sentence).

220528(g) 36:395(b)(4) (last

sentence).

--------------------------------------------------------------------

In subsection (c)(2), the word "also" is omitted as unnecessary.

In subsection (d), the words "course of such" and "respective"

are omitted as unnecessary.

In subsection (e), before clause (1), the words "amateur sports

organization" are omitted as unnecessary. In clause (2)(B), the

words "the applicant" are substituted for "it" for clarity.

In subsection (f), before clause (1), the word "after" is

substituted for "of" for consistency in the revised title. In

clause (4), the words "decide to" are omitted as unnecessary. The

words "for a period not exceeding" are substituted for "of not to

exceed" for clarity.

In subsection (g), before clause (1), the words "with sections

220522, 220524, and 220525 of this title" are added, and the words

"probationary period prescribed under subsection (f)(4) of this

section" are substituted for "prescribed time period", for clarity.

AMENDMENTS

1998 - Subsec. (c)(1)(A). Pub. L. 105-277, Sec. 142(p)(1),

substituted "Olympic Games or the Paralympic Games, or in both" for

"Olympic Games or both".

Subsec. (c)(2). Pub. L. 105-277, Sec. 142(p)(2), (3), substituted

"certified" for "registered" and substituted "body and with any

other organization that has filed an application." for "body."

Subsec. (d). Pub. L. 105-277, Sec. 142(p)(4), (5), inserted "open

to the public" after "formal hearing" and inserted after second

sentence "The corporation also shall send written notice, including

a copy of the application, at least 30 days prior to the date of

the hearing to all amateur sports organizations known to the

corporation in that sport."

Subsec. (f)(4). Pub. L. 105-277, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 220529 of this title.

-End-

-CITE-

36 USC Sec. 220529 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE

SUBCHAPTER II - NATIONAL GOVERNING BODIES

-HEAD-

Sec. 220529. Arbitration of corporation determinations

-STATUTE-

(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 any regional office of the American Arbitration

Association.

(b) Procedure. - (1) A demand for arbitration must be submitted

within 30 days after the determination 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 effect 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 arbitrators 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 desire and shall

produce any additional evidence the arbitrators believe is

necessary to an understanding and determination of the dispute. The

arbitrators shall be the sole judges of the relevancy and

materiality of the evidence offered. Conformity to legal rules of

evidence is not necessary.

(c) Settlement. - The arbitrators may settle a dispute arising

under this chapter before making 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 decision of the

arbitrators is binding on the parties if the award is not

inconsistent with the constitution and bylaws of the corporation.

(e) Reopening Hearings. - (1) At any time before a final decision

is made, the hearings may be reopened by the arbitrators on their

own motion 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 decision must agree

to reopen the hearings.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1478.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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220529(a) 36:395(c)(1) (1st Sept. 21, 1950, ch. 975,

sentence). title II, Sec. 205(c), as

added Nov. 8, 1978, Pub. L.

95-606, Sec. 2, 92 Stat.

3057.

220529(b)( 36:395(c)(1) (2d

1) sentence).

220529(b)( 36:395(c)(1) (last

2) sentence).

220529(b)( 36:395(c)(4).

3)

220529(b)( 36:395(c)(3) (1st

4) sentence).

220529(b)( 36:395(c)(3) (2d,

5) last sentences).

220529(c) 36:395(c)(2).

220529(d) 36:395(c)(5).

220529(e) 36:395(c)(6).

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In subsection (a), the reference to 36:391(c) is omitted because

36:391(c) is omitted as executed. See the revision 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 proceeding" 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 contesting party makes

such a motion" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 220522 of this title.

-End-