SUBCHAPTER I—CORPORATION
§220501. Short title and definitions
(a)
(b)
(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) "Athletes' Advisory Council" means the entity established and maintained under section 220504(b)(2)(A) that—
(A) is composed of, and elected by, amateur athletes to ensure communication between the corporation and currently active amateur athletes; and
(B) serves as a source of amateur-athlete opinion and advice with respect to policies and proposed policies of the corporation.
(5) "Center" means the United States Center for SafeSport designated under section 220541.
(6) "child abuse" has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 (
(7) "corporation" means the United States Olympic and Paralympic Committee.
(8) "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.
(9) "national governing body" means an amateur sports organization, a high-performance management organization, or a paralympic sports organization that is certified by the corporation under section 220521.
(10) "protected individual" means any amateur athlete, coach, trainer, manager, administrator, or official associated with the corporation or a national governing body.
(11) "retaliation" means any adverse or discriminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from competition, carried out against a protected individual as a result of any communication, including the filing of a formal complaint, by the protected individual or a parent or legal guardian of the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with—
(A) the Center;
(B) a coach, trainer, manager, administrator, or official associated with the corporation;
(C) the Attorney General;
(D) a Federal or State law enforcement authority;
(E) the Equal Employment Opportunity Commission; or
(F) Congress.
(12) "sanction" means a certificate of approval issued by a national governing body.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220501 | 36:373. | Sept. 21, 1950, ch. 975, title I, §103, as added Nov. 8, 1978, |
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.
Editorial Notes
Amendments
2020—Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10), (11).
Subsec. (b)(12).
2018—Subsec. (b)(4) to (10).
2006—
Subsec. (a).
1998—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(7), (8).
Statutory Notes and Related Subsidiaries
Severability
Findings
"(1) The courageous voice of survivors is a call to action to end emotional, physical, and sexual abuse in the Olympic and Paralympic movement.
"(2) Larry Nassar, the former national team doctor for USA Gymnastics, sexually abused over 300 athletes for over two decades because of ineffective oversight by USA Gymnastics and the United States Olympic Committee.
"(3) While the case of Larry Nassar is unprecedented in scale, the case is hardly the only recent incident of sexual abuse in amateur sports.
"(4) Survivors of Larry Nassar's abuse and all survivors of abuse in the Olympic and Paralympic movement deserve justice and redress for the wrongs the survivors have suffered.
"(5) After a comprehensive congressional investigation, including interviews and statements from survivors, former and current organization officials, law enforcement, and advocates, Congress found that the United States Olympic Committee and USA Gymnastics fundamentally failed to uphold their existing statutory purposes and duty to protect amateur athletes from sexual, emotional, or physical abuse.
"(6) USA Gymnastics and the United States Olympic Committee knowingly concealed abuse by Larry Nassar, leading to the abuse of dozens of additional amateur athletes during the period beginning in the summer of 2015 and ending in September 2016.
"(7) Ending abuse in the Olympic and Paralympic movement requires enhanced oversight to ensure that the Olympic and Paralympic movement does more to serve athletes and protect their voice and safety."
Report to Congress on Effectiveness of Chapter and Proposed Changes
§220502. Organization
(a)
(b)
(c)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220502(a) | 36:371 (1st sentence). | Sept. 21, 1950, ch. 975, title I, §101 (1st sentence), formerly §1(1st sentence), |
36:372. | Sept. 21, 1950, ch. 975, title I, §§102, 105(a) (words before cl. (1) related to perpetual succession), as added Nov. 8, 1978, |
|
220502(b) | 36:375(a) (words before cl. (1) related to perpetual succession). | |
220502(c) | 36:383. | Aug. 10, 1964, |
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.
Editorial Notes
Amendments
2020—Subsec. (c).
§220503. Purposes
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, the Pan-American Games, and the Parapan American Games, including representation of the United States in the games; and
(B) the organization of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games when held in the United States;
(4) to obtain for the United States, directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each event of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan 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 and access to 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;
(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;
(15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and
(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220503 | 36:374. | Sept. 21, 1950, ch. 975, title I, §104, as added Nov. 8, 1978, |
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".
Editorial Notes
Amendments
2020—Par. (3).
Par. (4).
Par. (9).
Par. (16).
2018—Par. (15).
1998—Pars. (3), (4).
Par. (13).
§220504. Membership
(a)
(b)
(1) national governing bodies, including through provisions that establish and maintain a National Governing Bodies' Council that is composed of representatives of the national governing bodies who are selected by their boards of directors or other governing boards to ensure effective communication between the corporation and the national governing bodies;
(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition, including through provisions that—
(A) establish and maintain an Athletes' Advisory Council;
(B) ensure that the chair of the Athletes' Advisory Council, or the designee of the chair, holds voting power on the board of directors of the corporation and in the committees and entities of the corporation;
(C) require that—
(i) not less than 1/3 of the membership of the board of directors of the corporation shall be composed of, and elected by, such amateur athletes; and
(ii) not less than 20 percent of the membership of the board of directors of the corporation shall be composed of amateur athletes who—
(I) are actively engaged in representing the United States in international amateur athletic competition; or
(II) have represented the United States in international amateur athletic competition during the preceding 10-year period; and
(D) ensure that the membership and voting power held by such amateur athletes is not less than 1/3 of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation, including any panel empowered to resolve grievances;
(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, the Pan-American Games, or the Parapan 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.
(c)
(d)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220504 | 36:376. | Sept. 21, 1950, ch. 975, title I, §106, as added Nov. 8, 1978, |
In subsection (a), the words "is as provided in" are substituted for "shall be determined in accordance with" for consistency in the revised title.
Editorial Notes
Amendments
2020—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
"(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;".
Subsec. (b)(3).
Subsecs. (c), (d).
1998—Subsec. (b)(1), (2).
"(1) amateur sports organizations recognized as national governing bodies under
"(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).
§220505. Powers and duties
(a)
(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)
(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 chapter 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)
(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, the Pan-American Games, and the Parapan American Games, and obtain, directly or by delegation to the appropriate national governing body, amateur representation for those games;
(4) certify national governing bodies for any sport that is included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American 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, the Parapan 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.
(d)
(1)
(A) to immediately report to law enforcement and the Center any allegation of child abuse of an amateur athlete who is a minor;
(B) to ensure that each national governing body has in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—
(i) the policies and procedures developed under subparagraph (C) of section 220541(a)(1); and
(ii) the requirement described in paragraph (2)(A) of section 220542(a);
(C) to ensure that each national governing body and the corporation enforces temporary measures and sanctions issued pursuant to the authority of the Center; and
(D) with respect to a sport for which the corporation conducts separate programs for female and male athletes, to ensure that female and male athletes who represent the United States in international amateur athletic events receive, from funds directly provided by the corporation to the athlete (excluding any prize or award based on the athlete's performance in an international amateur athletic competition), equivalent and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses, all insofar as these are implemented in connection with such amateur athletic events, where "equivalent" means "equal" except that it shall be permissible—
(i) to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and
(ii) to provide more beneficial terms of participation to athletes representing the United States in international events to address disparities in outside income, including in compensation made available by international sports federations and other event organizers, or the need to foster underdeveloped programs or address documented and justifiable personal need on the part of specific athletes or teams.
(2)
(3)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220505(a) | 36:375(b). | Sept. 21, 1950, ch. 975, title I, §§105 (less (a) (words before cl. (1) related to perpetual succession)), 109, as added Nov. 8, 1978, |
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.
Editorial Notes
Amendments
2023—Subsec. (d)(1)(D).
Subsec. (d)(2), (3).
2020—
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (d).
2006—Subsec. (b)(9).
1998—Subsec. (b)(9).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5).
Statutory Notes and Related Subsidiaries
Rule of Construction
"(1) to supersede, nullify, or diminish the rights of any individual under any Federal law or the law of any State or political subdivision of any State or jurisdiction;
"(2) to prohibit an individual athlete or a group of athletes from receiving compensation from an individual or entity other than a national governing body or the corporation for the use of, as applicable, the name, image, or likeness of the individual athlete or the names, images, or likenesses of the group of athletes; or
"(3) to prohibit a team or group of athletes from accepting outside sponsorships or endorsements, or from participating in outside promotional events or marketing campaigns, even if a team or group of athletes of another gender are not offered equivalent sponsorships, endorsements, or participation in outside promotional events or marketing campaigns."
Implementation Period and Reports to Congress
"(1) the corporation shall—
"(A) attain full compliance, and require as a condition of continued certification that each national governing body attains and maintains full compliance, with the applicable amendments made by this Act [see Short Title of 2023 Amendment note set out under
"(B) submit to Congress a report describing such compliance of the corporation and each national governing body; and
"(2) each national governing body shall—
"(A) attain full compliance with the applicable amendments made by this Act; and
"(B) submit to Congress a report describing such compliance."
§220506. Exclusive right to name, seals, emblems, and badges
(a)
(1) the name "United States Olympic and Paralympic Committee";
(2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, 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", "Parapan American", "America Espirito Sport Fraternite", or any combination of those words.
(b)
(c)
(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, Pan-American, or Parapan 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)
(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 subsection (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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220506(a) | 36:380(c). | Sept. 21, 1950, ch. 975, title I, §110, as added Nov. 8, 1978, |
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.
Editorial Notes
References in Text
The Trademark Act of 1946, referred to in subsec. (c), is act July 5, 1946, ch. 540,
Amendments
2020—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c)(3).
2006—Subsec. (d)(3)(A).
1998—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d).
Subsec. (d)(3).
§220507. Restrictions
(a)
(b)
(c)
(d)
(1) not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; and
(2) that provides that—
(A) if the ethics committee determines that an individual has violated the policies of the corporation—
(i) the individual is no longer entitled to bonus or severance pay previously withheld; and
(ii) the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and
(B) in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220507(a) | 36:378. | Sept. 21, 1950, ch. 975, title I, §§107, 108, as added Nov. 8, 1978, |
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.
Editorial Notes
Amendments
2020—Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Applicability
§220508. Headquarters, principal office, and meetings
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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220508 | 36:371 (last sentence). | Sept. 21, 1950, ch. 975, title I, §101 (last sentence), formerly §1 (last sentence), |
The word "decided" is substituted for "as is determined" and for "shall determine" for consistency in the revised title.
§220509. Resolution of disputes
(a)
(b)
(1)
(2)
(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, 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, the Parapan American Games, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation;
(B) assist in the resolution of athlete concerns;
(C) provide independent advice to athletes with respect to—
(i) the role, responsibility, authority, and jurisdiction of the Center; and
(ii) the relative value of engaging legal counsel; and
(D) report to the Athletes' Advisory Council on a regular basis.
(3)
(A)
(i) The Athletes' Advisory Council shall provide the corporation's executive director with the name of 1 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.
(B)
(C)
(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.
(4)
(A)
(B)
(C)
(i)
(ii)
(I) shall be confidential; and
(II) shall not be—
(aa) subject to discovery, subpoena, or any other means of legal compulsion; or
(bb) admissible as evidence in a judicial or administrative proceeding.
(D)
(i) applicable federally mandated reporting requirements;
(ii) a felony personally witnessed by a member of the Office of the Athlete Ombuds;
(iii) a situation, communicated to the Office of the Athlete Ombuds, in which an individual is at imminent risk of serious harm; or
(iv) a congressional subpoena.
(E)
(i)
(ii)
(I) employees of the national governing bodies; and
(II) employees of the corporation.
(iii)
(I) publish the policy developed under clause (i) on the internet website of the national governing body; and
(II) communicate to amateur athletes the availability of the policy.
(5)
(6)
(c)
(1)
(2)
(3)
(A)
(B)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220509 | 36:382b. | Sept. 21, 1950, ch. 975, title I, §114, as added Nov. 8, 1978, |
Editorial Notes
References in Text
The date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, referred to in subsec. (b)(4)(E)(i), is the date of enactment of
Amendments
2020—Subsec. (a).
Subsec. (b).
Subsec. (c).
2006—Subsec. (b)(1)(A).
1998—Subsec. (a).
Subsec. (b).
§220510. Service of process
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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220510 | 36:381. | Sept. 21, 1950, ch. 975, title I, §111, as added Nov. 8, 1978, |
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.
Editorial Notes
Amendments
1998—
§220511. Reports and audits
(a)
(1)
(2)
(A) A comprehensive description of the activities and accomplishments of the corporation during such calendar year.
(B) 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.
(C) A description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.
(D) A description of any lawsuit or grievance filed against the corporation, including any dispute initiated under this chapter.
(E) The agenda and minutes of any meeting of the board of directors of the corporation that occurred during such calendar year.
(F) A report by the compliance committee of the corporation that, with respect to such calendar year—
(i) identifies—
(I) the areas in which the corporation has met compliance standards; and
(II) the areas in which the corporation has not met compliance standards; and
(ii) assesses the compliance of each member of the corporation and provides a plan for improvement, as necessary.
(G) A detailed description of any complaint of retaliation made during such calendar year, including the entity involved, the number of allegations of retaliation, and the outcome of such allegations.
(3)
(b)
(1)
(A) an independent certified public accountant; or
(B) an independent licensed public accountant who is certified or licensed by the regulatory authority of a State or a political subdivision of a State.
(2)
(3)
(A) all records and property owned or used by the corporation, as necessary to facilitate the audit; and
(B) any facility under audit for the purpose of verifying transactions, including any balance or security held by a depository, fiscal agent, or custodian.
(4)
(A)
(B)
(i) Any statement necessary to present fairly the assets, liabilities, and surplus or deficit of the corporation.
(ii) An analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit.
(iii) A detailed statement of the income and expenses of the corporation, including the results of any trading, manufacturing, publishing, or other commercial endeavor.
(iv) A detailed statement of the amounts spent on stipends and services for athletes.
(v) A detailed statement of the amounts spent on compensation and services for executives and administration officials of the corporation, including the 20 employees of the corporation who receive the highest amounts of compensation.
(vi) A detailed statement of the amounts allocated to the national governing bodies.
(vii) Such comments and information as the auditor considers necessary to inform Congress of the financial operations and condition of the corporation.
(viii) Recommendations relating to the financial operations and condition of the corporation.
(ix) A description of any financial conflict of interest (including a description of any recusal or other mitigating action taken), evaluated in a manner consistent with the policies of the corporation, of—
(I) a member of the board of directors of the corporation; or
(II) any senior management personnel of the corporation.
(C)
(i)
(ii)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
220511 | 36:382a(a). | Sept. 21, 1950, ch. 975, title I, §113(a), as added Nov. 8, 1978, |
In subsection (a)(1), the words "full and" are omitted as unnecessary.
Editorial Notes
Amendments
2020—
2006—
1998—Subsec. (a).
"(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."
§220512. Complete teams
In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, Pan-American Games, and Parapan American Games, the corporation, either directly or by delegation to the appropriate national governing body, may select, but is not obligated to select (even if not selecting will result in an incomplete team for an event), athletes who have not met the eligibility standard of the national governing body and the corporation when the number of athletes who have met the eligibility standards of such entities is insufficient to fill the roster for an event.
(Added
Editorial Notes
Amendments
2020—
2006—
§220513. Annual amateur athlete survey
(a)
(1) their satisfaction with the corporation and the applicable national governing body; and
(2) the behaviors, attitudes, and feelings within the corporation and the applicable national governing body relating to sexual harassment and abuse.
(b)
(c)
(d)
(Added
§220514. Annual report on equal treatment of athletes
(a)
(b)
(Added
Editorial Notes
Codification
Section 2(a)(2)(A) of
Statutory Notes and Related Subsidiaries
Rule of Construction
For construction of