Powers and duties

36 U.S.C. § 220505

• Title: 36 — Patriotic and National Observances
• Chapter: SUBCHAPTER I—CORPORATION

Text

(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 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) 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, 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) Duties.—
(1) In general.—The duty of the corporation to amateur athletes includes the adoption, effective implementation, and enforcement of policies and procedures designed—
(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) Advocacy.—The corporation shall take all reasonable steps, in collaboration with affected athletes, to advocate to international sports federations and other event organizers to equalize prizes, compensation, funding, and other support provided to athletes by such federations and organizers.
(3) Rule of construction.—Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law.

History

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1468; Pub. L. 105–277, div. C, title I, §142(f), Oct. 21, 1998, 112 Stat. 2681–604; Pub. L. 109–284, §5(15), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, §§4(a)(5), 6(c)(1), Oct. 30, 2020, 134 Stat. 945, 948; Pub. L. 117–340, §2(a)(1), Jan. 5, 2023, 136 Stat. 6175.)

Editorial Notes

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). Pub. L. 117–340, §2(a)(1)(A), added subpar. (D).
Subsec. (d)(2), (3). Pub. L. 117–340, §2(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).
2020—Pub. L. 116–189, §6(c)(1)(A), substituted "Powers and duties" for "Powers" in section catchline.
Subsec. (c)(3). Pub. L. 116–189, §4(a)(5)(A), substituted "the Pan-American Games, and the Parapan American Games" for "and the Pan-American Games".
Subsec. (c)(4). Pub. L. 116–189, §4(a)(5)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "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;".
Subsec. (c)(5). Pub. L. 116–189, §4(a)(5)(C), inserted "the Parapan American Games," after "the Pan-American Games,".
Subsec. (d). Pub. L. 116–189, §6(c)(1)(B), added subsec. (d).
2006—Subsec. (b)(9). Pub. L. 109–284 substituted "this chapter shall be" for "this Act shall be".
1998—Subsec. (b)(9). Pub. L. 105–277, §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, §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, §142(f)(2)(B), substituted "Games, the Paralympic Games, and" for "Games and of".
Subsec. (c)(4). Pub. L. 105–277, §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, §142(f)(2)(D), substituted "Games, the Paralympic Games, the Pan-American Games, world championship competition," for "Games,".

Statutory Notes and Related Subsidiaries

Rule of Construction
Pub. L. 117–340, §2(d), Jan. 5, 2023, 136 Stat. 6177, provided that: "Nothing in this Act [see Short Title of 2023 Amendment note set out under section 101 of this title] shall be construed—
"(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
Pub. L. 117–340, §2(c), Jan. 5, 2023, 136 Stat. 6177, provided that: "Not later than 1 year after the date of the enactment of this Act [Jan. 5, 2023]—
"(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 section 101 of this title]; and
"(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."