USC Subchapter II

in effect

36 U.S.C. § 220521 Certification of national governing bodies

(a) In General.—With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation—(1) may certify as a national governing body an amateur sports organization, a high-performance management organization, or a paralympic sports organization that files an application and is eligible for such certification under section 220522; and (2) may not certify more than 1 national governing body. (b) Public Hearing.—Before certifying an organization as a national governing body, the corporation shall hold at least 2 public hearings on the application. The corporation shall publish notice of the time, place, and nature of the hearings. Publication shall be made in a regular issue of the corporation’s principal publication at least 30 days, but not more than 60 days, before the date of the hearings. The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport. (c) Recommendation to International Sports Federation.—Within 61 days after certifying an organization as a national governing body, the corporation shall recommend and support in any appropriate manner the national governing body to the appropriate international sports federation as the representative of the United States for that sport. (d) Review of Certification.—Not later than 8 years after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corporation—(1) shall review all matters related to the continued certification of an organization as a national governing body; (2) may take action the corporation considers appropriate, including placing conditions on the continued certification of an organization as a national governing body; (3) shall submit to Congress a summary report of each review under paragraph (1); and (4) shall make each such summary report available to the public.

36 U.S.C. § 220522 Eligibility requirements

An amateur sports organization, a high-performance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, as a national governing body only if it— (1) is incorporated under the laws of a State of the United States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic competition; (2) has the managerial and financial capability to plan and execute its obligations, including the ability to provide and enforce required athlete protection policies and procedures; (3) submits—(A) an application, in the form required by the corporation, for certification as a national governing body; (B) a copy of its corporate charter and bylaws; and (C) any additional information considered necessary or appropriate by the corporation; (4) agrees to submit to binding arbitration in any controversy involving—(A) its certification as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and (B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council, as modified and provided for in the corporation’s constitution and bylaws, except that if the Athletes’ Advisory Council and National Governing Bodies’ Council do not concur on any modifications to such Rules, and if the corporation’s executive committee is not able to facilitate such concurrence, the standard commercial rules of arbitration of such designated provider shall apply unless at least two-thirds of the corporation’s board of directors approves modifications to such Rules; (5) demonstrates that it is autonomous in the governance of its sport, except with respect to the oversight of the organization, in that it—(A) independently decides and controls all matters central to governance; (B) does not delegate decision-making and control of matters central to governance; and (C) is free from outside restraint; (6) demonstrates that it is a member of no more than one international sports federation that governs a sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games; (7) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which certification is sought, or any amateur sports organization that conducts programs in the sport for which certification is sought, or both; (8) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, sex, age, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring the individual ineligible to participate; (9) is governed by a board of directors or other governing board whose members are selected without regard to race, color, religion, national origin, or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on the board of directors or other governing board; (10) ensures that the selection criteria for individuals and teams that represent the United States are—(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes’ Advisory Council, and the United States Olympians and Paralympians Association; (B) clearly articulated in writing and properly communicated to athletes in a timely manner; and (C) consistently applied, using objective and subjective criteria appropriate to the applicable sport; (11) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that its board of directors and other such governing boards have established criteria and election procedures for and maintain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which certification is sought or who have represented the United States in international amateur athletic competition within the preceding 10 years, that any exceptions to such guidelines by such organization have been approved by the corporation, and that the voting power held by such individuals is not less than 20 percent of the voting power held in its board of directors and other such governing boards; (12) provides for reasonable direct representation on its board of directors or other governing board for any amateur sports organization, high-performance management organization, or paralympic sports organization that—(A) conducts a national program or regular national amateur athletic competition in the applicable sport on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition; and (B) ensures that the representation reflects the nature, scope, quality, and strength of the programs and competitions of the applicable organization in relation to all other programs and competitions in the sport in the United States; (13) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that—(A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who—(i) are elected by amateur athletes; and (ii) are actively engaged in amateur athletic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought; (B) any exception to such guidelines by such organization has been approved by—(i) the corporation; and (ii) the Athletes’ Advisory Council; and (C) the voting power held by such individuals is not less than ⅓ of the voting power held by its board of directors and other such governing boards; (14) provides procedures for the prompt and equitable resolution of grievances of its members; (15) does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games that are more restrictive than those of the appropriate international sports federation; (16) demonstrates, if the organization is seeking to be certified as a national governing body, that it is prepared to meet the obligations imposed on a national governing body under sections 220524 and 220525 of this title; (17) commits to submitting annual reports to the corporation that include, for each calendar year—(A) a description of the manner in which the organization—(i) carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and (ii) addresses any sanctions or temporary measures required by the Center; (B) a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year; and (C) a detailed statement of—(i) the income and expenses of the organization; and (ii) the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes; (18) commits to meeting any minimum standard or requirement set forth by the corporation; and (19) provides protection from retaliation to protected individuals.

36 U.S.C. § 220523 Authority of national governing bodies

(a) Authority.—For the sport that it governs, a national governing body may—(1) represent the United States in the appropriate international sports federation; (2) establish national goals and encourage the attainment of those goals; (3) serve as the coordinating body for amateur athletic activity in the United States; (4) exercise jurisdiction over international amateur athletic activities and sanction international amateur athletic competition held in the United States and sanction the sponsorship of international amateur athletic competition held outside the United States; (5) conduct amateur athletic competition, including national championships, and international amateur athletic competition in the United States, and establish procedures for determining eligibility standards for participation in competition, except for amateur athletic competition specified in section 220526 of this title; (6) recommend to the corporation individuals and teams to represent the United States in the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; and (7) designate individuals and teams to represent the United States in international amateur athletic competition (other than the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games) and certify, in accordance with applicable international rules, the amateur eligibility of those individuals and teams. (b) Replacement of National Governing Body Pursuant to Arbitration.—A national governing body may not exercise any authority under subsection (a) of this section for a particular sport after another amateur sports organization has been declared (in accordance with binding arbitration proceedings prescribed by the organic documents of the corporation) entitled to replace that national governing body as the member of the corporation for that sport.

36 U.S.C. § 220524 General duties of national governing bodies

(a) In General.—For the sport that it governs, a national governing body shall—(1) develop interest and participation throughout the United States and be responsible to the persons and organizations it represents; (2) minimize, through coordination with other organizations, conflicts in the scheduling of all practices and competitions; (3) keep amateur athletes informed of policy matters and reasonably reflect the views of the athletes in its policy decisions; (4) disseminate and distribute to amateur athletes, coaches, trainers, managers, administrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization; (5) allow an amateur athlete to compete in any international amateur athletic competition conducted by any organization or person, unless the national governing body establishes that its denial is based on evidence that the organization or person conducting the competition does not meet the requirements stated in section 220525 of this title; (6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis; (7) with respect to a sport for which a national governing body conducts separate programs for female and male athletes, ensure that female and male athletes who represent the United States in international amateur athletic events receive, from funds directly provided by the national governing body 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—(A) to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and (B) 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; (8) 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; (9) encourage and support amateur athletic sports programs for individuals with disabilities and the participation of individuals with disabilities in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by individuals with disabilities in programs of athletic competition for able-bodied individuals; (10) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis; (11) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety; (12) develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the national governing body from assisting a member or former member in obtaining a new job (except for 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 or the policies or procedures of the Center; (13) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse; (14) take care to promote a safe environment in sports using information relating to any temporary measure or sanction issued pursuant to the authority of the Center; (15) immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and (16) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—(A) the policies and procedures developed under subparagraph (C) of section 220541(a)(1); and (B) the requirement described in paragraph (2)(A) of section 220542(a). (b) Rule of Construction.—Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.

36 U.S.C. § 220525 Granting sanctions for amateur athletic competitions

(a) Prompt Review and Decision.—For the sport that it governs, a national governing body promptly shall—(1) review a request by an amateur sports organization or person for a sanction to hold an international amateur athletic competition in the United States or to sponsor United States amateur athletes to compete in international amateur athletic competition outside the United States; and (2) grant the sanction if—(A) the national governing body does not decide by clear and convincing evidence that holding or sponsoring an international amateur athletic competition would be detrimental to the best interest of the sport; and (B) the requirements of subsection (b) of this section are met. (b) Requirements.—An amateur sports organization or person may be granted a sanction under this section only if the organization or person meets the following requirements:(1) The organization or person must pay the national governing body any required sanctioning fee, if the fee is reasonable and nondiscriminatory. (2) For a sanction to hold an international amateur athletic competition in the United States, the organization or person must—(A) submit to the national governing body an audited or notarized financial report of similar events, if any, conducted by the organization or person; and (B) demonstrate that the requirements of paragraph (4) of this subsection have been met. (3) For a sanction to sponsor United States amateur athletes to compete in international amateur athletic competition outside the United States, the organization or person must—(A) submit a report of the most recent trip to a foreign country, if any, that the organization or person sponsored for the purpose of having United States amateur athletes compete in international amateur athletic competition; and (B) submit a letter from the appropriate entity that will hold the international amateur athletic competition certifying that the requirements of paragraph (4) of this subsection have been met. (4) The requirements referred to in paragraphs (2) and (3) of this subsection are that—(A) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition; (B) appropriate provision has been made for validation of any records established during the competition; (C) due regard has been given to any international amateur athletic requirements specifically applicable to the competition; (D) the competition will be conducted by qualified officials; (E) proper medical supervision will be provided for athletes who will participate in the competition; (F) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes participating in amateur athletic activities applicable to such national governing body.

36 U.S.C. § 220526 Restricted amateur athletic competitions

(a) Exclusive Jurisdiction.—An amateur sports organization that conducts amateur athletic competition shall have exclusive jurisdiction over that competition if participation is restricted to a specific class of amateur athletes, such as high school students, college students, members of the Armed Forces, or similar groups or categories. (b) Sanctions for International Competition.—An amateur sports organization under subsection (a) of this section shall obtain a sanction from the appropriate national governing body if the organization wishes to—(1) conduct international amateur athletic competition in the United States; or (2) sponsor international amateur athletic competition to be held outside the United States.

36 U.S.C. § 220527 Complaints against national governing bodies

(a) General.—(1) An amateur sports organization or person that belongs to or is eligible to belong to a national governing body may seek to compel the national governing body to comply with sections 220522, 220524, and 220525 of this title by filing a written complaint with the corporation. A copy of the complaint shall be served on the national governing body. (2) The corporation shall establish procedures for the filing and disposition of complaints under this section. (b) Hearings.—The corporation shall hold a hearing, within 90 days after the complaint is filed, to receive testimony to decide whether the national governing body is complying with sections 220522, 220524, and 220525 of this title. (c) Disposition of Complaint.—(1) If the corporation decides, as a result of the hearing, that the national governing body is complying with sections 220522, 220524, and 220525 of this title, it shall so notify the complainant and the national governing body. (2) If the corporation decides, as a result of the hearing, that the national governing body is not complying with sections 220522, 220524, and 220525 of this title, it shall—(A) place the national governing body on probation for a specified period of time, not to exceed 180 days, which the corporation considers necessary to enable the national governing body to comply with those sections; or (B) revoke the recognition of the national governing body. (3) If the corporation places a national governing body on probation under paragraph (2) of this subsection, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with sections 220522, 220524, and 220525 of this title. If, at the end of the period allowed by the corporation, the national governing body has not complied with those sections, the corporation shall revoke the recognition of the national governing body.

36 U.S.C. § 220528 Applications to replace an incumbent national governing body

(a) General.—An amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing a written application for certification with the corporation. (b) Establishment of Procedures.—The corporation shall establish procedures for the filing and disposition of applications under this section. If 2 or more organizations file applications for the same sport, the applications shall be considered in a single proceeding. (c) Filing Procedures.—(1) An application under this section must be filed within one year after the final day of—(A) any Olympic Games, for a sport in which competition is held in the Olympic Games or the Paralympic Games, or in each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; or (B) any Pan-American Games or Parapan American Games, for a sport in which competition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games. (2) The application shall be filed with the corporation by certified mail, and a copy of the application shall be served on the national governing body and with any other organization that has filed an application. The corporation shall inform the applicant that its application has been received. (d) Hearings.—Within 180 days after receipt of an application filed under this section, the corporation shall conduct a formal hearing open to the public to determine the merits of the application. The corporation shall publish notice of the time and place of the hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, before the date of the hearing. The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport. In the hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their positions. (e) Standards for Granting Applications.—In the hearing, the applicant must establish by a preponderance of the evidence that—(1) it meets the criteria for certification as a national governing body under section 220522 of this title; and (2)(A) the national governing body does not meet the criteria of section 220522, 220524, or 220525 of this title; or (B) the applicant more adequately meets the criteria of section 220522 of this title, is capable of more adequately meeting the criteria of sections 220524 and 220525 of this title, and provides or is capable of providing a more effective national program of competition than the national governing body in the sport for which it seeks certification. (f) Disposition of Applications.—Within 30 days after the close of the hearing required by this section, the corporation shall—(1) uphold the right of the national governing body to continue as the national governing body for its sport; (2) revoke the certification of the national governing body and declare a vacancy in the national governing body for that sport; (3) revoke the certification of the national governing body and certify the applicant as the national governing body; or (4) place the national governing body on probation for a period not exceeding 180 days, pending the compliance of the national governing body, if the national governing body would have retained certification except for a minor deficiency in one of the requirements of section 220522, 220524, or 220525 of this title and notify such national governing body of such probation and of the actions needed to comply with such requirements. (g) Revocation of Certification After Probation.—If the national governing body does not comply with sections 220522, 220524, and 220525 of this title within the probationary period prescribed under subsection (f)(4) of this section, the corporation shall revoke the certification of the national governing body and either—(1) certify the applicant as the national governing body; or (2) declare a vacancy in the national governing body for that sport.

36 U.S.C. § 220529 Arbitration of corporation determinations

(a) Right to Review.—A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider designated by the corporation under section 220522(a)(4). (b) Procedure.—(1) A demand for arbitration must be submitted within 30 days after the determination of the corporation. (2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that—(A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number; (B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties. (4) Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding. (5) The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary. (c) Settlement.—The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation. (d) Binding Nature of Decision.—Final decision of the arbitrators is binding on the parties if the award is not inconsistent with the constitution and bylaws of the corporation. (e) Reopening Hearings.—(1) At any time before a final decision is made, the hearings may be reopened by the arbitrators on their own motion or on the motion of a party. (2) If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the decision must agree to reopen the hearings.

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

(a) In General.—An applicable amateur sports organization shall—(1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); (2) establish reasonable procedures to limit one-on-one interactions, including communications, between an amateur athlete who is a minor and an adult (who is not the minor’s legal guardian) at a facility under the jurisdiction of the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; (3) offer and provide consistent training to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons; and (4) prohibit retaliation, by the applicable amateur sports organization, against any individual who makes—(A) a report under paragraph (1); or (B) any other report relating to abuse of any amateur athlete, including emotional, physical, and sexual abuse. (b) Definition of Applicable Amateur Sports Organization.—In this section, the term “applicable amateur sports organization” means an amateur sports organization—(1) that is not otherwise subject to the requirements under subchapter III; (2) that participates in an interstate or international amateur athletic competition; and (3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor.

36 U.S.C. § 220530A Annual report on equal treatment of athletes

(a) In General.—Not less frequently than annually, each national governing body shall submit to the corporation and Congress a report on the compliance of the national governing body with paragraphs (7) and (8) of section 220524(a). (b) Matters To Be Included.—Each report 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.