1. U.S. Code
  2. title 36
  3. subtitle II
  4. part B
  5. chapter 2205
  6. subchapter I
  7. § 220506

Collapse to view only § 220506. Exclusive right to name, seals, emblems, and badges

§ 220501. Short title and definitions
(a)Short Title.—This chapter may be cited as the “Ted Stevens Olympic and Amateur Sports Act”.
(b)Definitions.—For purposes of this 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) “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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, § 142(b)(2), (c), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 109–284, § 5(13), (14), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 115–126, title II, § 202(b), Feb. 14, 2018, 132 Stat. 323; Pub. L. 116–189, § 3, Oct. 30, 2020, 134 Stat. 944.)

CITE AS: 36 USC 220501

§ 220502. Organization
(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 and United States Olympic Committee.—Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 116–189, § 4(a)(2), Oct. 30, 2020, 134 Stat. 944.)

CITE AS: 36 USC 220502

§ 220503. PurposesThe 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).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, § 142(d), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 115–126, title II, § 201,

CITE AS: 36 USC 220503

§ 220504. Membership
(a)Eligibility.—Eligibility for membership in the corporation is as provided in the constitution and bylaws of the corporation, and membership shall be available only to national governing bodies.
(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) 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 ⅓ 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 ⅓ 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)Conflict of Interest.—An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the Center, during the 2-year period beginning on the date on which the athlete ceases such representation.
(d)Certification Requirements.—The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467; Pub. L. 105–277, div. C, title I, § 142(e), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 116–189, §§ 4(a)(4), 6(b), 7(a)(2)(A)(i), Oct. 30, 2020, 134 Stat. 945, 948, 956.)

CITE AS: 36 USC 220504

§ 220505. Powers and duties
(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.
(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,

CITE AS: 36 USC 220505

§ 220506. Exclusive right to name, seals, emblems, and badges
(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 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)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, the Parapan 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, 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)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 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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105–277, div. C, title I, § 142(g), Oct. 21, 1998, 112 Stat. 2681–604; Pub. L. 109–284, § 5(16), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 4(a)(6), Oct. 30, 2020, 134 Stat. 945.)

CITE AS: 36 USC 220506

§ 220507. Restrictions
(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.
(c)Policy With Respect to Assisting Members or Former Members in Obtaining Jobs.—The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the corporation from assisting a member or former member in obtaining a new job (except the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law.
(d)Policy Regarding Terms and Conditions of Employment.—The corporation shall establish a policy—
(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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 116–189, § 6(d)(1), (2)(A), Oct. 30, 2020, 134 Stat. 949.)

CITE AS: 36 USC 220507

§ 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.

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

CITE AS: 36 USC 220508

§ 220509. Resolution of disputes
(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 complaints of retaliation or 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, the Parapan 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, the Pan-American Games, or the Parapan 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)Office of the Athlete Ombuds.—
(1)In general.—The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes.
(2)Duties.—The Office of the Athlete Ombuds 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, 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)Hiring procedures; vacancy; termination.—
(A)Hiring procedures.—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 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)Vacancy.—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.
(C)Termination.—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.
(4)Confidentiality.—
(A)In general.—The Office of the Athlete Ombuds shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombuds in confidence in any matter involving the exercise of the official duties of the Office of the Athlete Ombuds.
(B)Exception.—The Office of the Athlete Ombuds may disclose information described in subparagraph (A) as necessary to resolve or mediate a dispute, with the permission of the parties involved.
(C)Judicial and administrative proceedings.—
(i)In general.—The ombudsman and the staff of the Office of the Athlete Ombuds shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office of the Athlete Ombuds.
(ii)Work product.—Any memorandum, work product, notes, or case file of the Office of the Athlete Ombuds—(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)Applicability.—The confidentiality requirements under this paragraph shall not apply to information relating to—
(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)Development of policy.—
(i)In general.—Not later than 180 days after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Office of the Athlete Ombuds shall develop and publish in the Federal Register a confidentiality and privacy policy consistent with this paragraph.
(ii)Distribution.—The Office of the Athlete Ombuds shall distribute a copy of the policy developed under clause (i) to—(I) employees of the national governing bodies; and(II) employees of the corporation.
(iii)Publication by national governing bodies.—Each national governing body shall—(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)Prohibition on retaliation.—No employee, contractor, agent, volunteer, or member of the corporation shall take or threaten to take any action against an athlete as a reprisal for disclosing information to or seeking assistance from the Office of the Athlete Ombuds.
(6)Independence in carrying out duties.—The board of directors of the corporation or any other member or employee of the corporation shall not prevent or prohibit the Office of the Athlete Ombuds from carrying out any duty or responsibility under this section.
(c)Retaliation.—
(1)In general.—The corporation, the national governing bodies, or any officer, employee, contractor, subcontractor, or agent of the corporation or a national governing body may not retaliate against any protected individual as a result of any communication, including the filing of a formal complaint, by a protected individual or a parent or legal guardian of the protected individual relating to an allegation of physical abuse, sexual harassment, or emotional abuse.
(2)Disciplinary action.—If the corporation finds that an employee of the corporation or a national governing body has retaliated against a protected individual, the corporation or national governing body, as applicable, shall immediately terminate the employment of, or suspend without pay, such employee.
(3)Damages.—
(A)In general.—With respect to a protected individual the corporation finds to have been subject to retaliation, the corporation may award damages, including damages for pain and suffering and reasonable attorney fees.
(B)Reimbursement from national governing body.—In the case of a national governing body found to have retaliated against a protected individual, the corporation may demand reimbursement from the national governing body for damages paid by the corporation under subparagraph (A).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105–277, div. C, title I, § 142(h), Oct. 21, 1998, 112 Stat. 2681–605; Pub. L. 109–284, § 5(17), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, §§ 4(a)(7), 6(e),

CITE AS: 36 USC 220509

§ 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105–277, div. C, title I, § 142(i), Oct. 21, 1998, 112 Stat. 2681–606.)

CITE AS: 36 USC 220510

§ 220511. Reports and audits
(a)Report.—
(1)Submission to president and congress.—Not less frequently than annually, the corporation shall submit simultaneously to the President and to each House of Congress a detailed report on the operations of the corporation for the preceding calendar year.
(2)Matters to be included.—Each report required by paragraph (1) shall include the following:
(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)Public availability.—The corporation shall make each report under this subsection available to the public on an easily accessible internet website of the corporation.
(b)Audit.—
(1)In general.—Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally accepted auditing standards by—
(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)Location.—An audit under paragraph (1) shall be conducted at the location at which the financial statements of the corporation normally are kept.
(3)Access.—An individual conducting an audit under paragraph (1) shall be given full access to—
(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)Report.—
(A)In general.—Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the House of Representatives, and the chair of the Athletes’ Advisory Council.
(B)Matters to be included.—Each report under subparagraph (A) shall include the following for the applicable fiscal year:
(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)Public availability.—
(i)In general.—The corporation shall make each report under this paragraph available to the public on an easily accessible internet website of the corporation.
(ii)Personally identifiable information.—A report made available under clause (i) shall not include the personally identifiable information of any individual.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(j)(1), Oct. 21, 1998, 112 Stat. 2681–606; Pub. L. 109–284, § 5(18), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 6(f)(1), Oct. 30, 2020, 134 Stat. 953.)

CITE AS: 36 USC 220511

§ 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 Pub. L. 105–277, div. C, title I, § 142(k)(1), Oct. 21, 1998, 112 Stat. 2681–606; amended Pub. L. 109–284, § 5(19), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, §§ 4(a)(8), 7(a)(2)(A)(ii), Oct. 30, 2020, 134 Stat. 945, 956.)

CITE AS: 36 USC 220512

§ 220513. Annual amateur athlete survey
(a)In General.—Not less frequently than annually, the corporation shall cause an independent third-party organization, under contract, to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to—
(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)Consultation.—A contract under subsection (a) shall require the independent third-party organization to develop the survey in consultation with the Center.
(c)Prohibition on Interference.—If the corporation or a national governing body makes any effort to undermine the independence of, introduce bias into, or otherwise influence a survey under subsection (a), such activity shall be reported immediately to Congress.
(d)Public Availability.— The corporation shall make the results of each such survey available to the public on an internet website of the corporation.
(Added Pub. L. 116–189, § 6(g)(1), Oct. 30, 2020, 134 Stat. 955.)

CITE AS: 36 USC 220513

§ 220514. Annual report on equal treatment of athletes
(a)In General.—Not less frequently than annually, the corporation shall submit to Congress a report on the compliance of the corporation with paragraphs (1)(D) and (2) of section 220505(d).
(b)Matters To Be Included.—Each report required by subsection (a) shall include detailed information on the median, minimum, and maximum stipends and bonuses provided to athletes, disaggregated by gender, race, and, as applicable, status of participation on a professional sports team.
(Added Pub. L. 117–340, § 2(a)(2)(A), Jan. 5, 2023, 136 Stat. 6176.)

CITE AS: 36 USC 220514