Sec. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES
2,172 words·~10 min read·
/statute-compilations/comps-15835/sec-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 7 MODIFICATIONS TO NATIONAL GOVERNING BODIES ###
(a)Certification of National Governing Bodies ####
(1)In general Section 220521 of title 36, United States Code, is amended— #####
(A)in the section heading, by striking “Recognition of amateur sports organizations as national governing bodies” and inserting “Certification of national governing bodies”; #####
(B)by amending subsection
(a)to read as follows: > > ### “(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. ” > ; #####
(C)in subsection (b), by striking “recognizing” and inserting “certifying”; #####
(D)in subsection (c), by striking “recognizing” and inserting “certifying”; and #####
(E)by amending subsection
(d)to read as follows: > > ### “(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. ” > . ####
(2)Technical and conforming amendments #####
(A)Chapter 2205 of title 36, United States Code, is amended— ######
(i)in section 220504(b), by amending paragraph
(1)to read as follows: > > #### “(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; ” > ; ######
(ii)in section 220512, by striking “or paralympic sports organization”; ######
(iii)in section 220522— ######
(I)by striking subsection (b); and ######
(II)in subsection (a)— ######
(aa)by striking “recognized” each place it appears and inserting “certified”; ######
(bb)by striking “recognition” each place it appears and inserting “certification”; ######
(cc)in paragraph (6), by striking “the Olympic Games or the Pan-American Games” and inserting “the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games”; ######
(dd)in paragraph (11)— ######
(AA)in the matter preceding subparagraph (A), by inserting “, high-performance management organization, or paralympic sports organization” after “amateur sports organization”; and ######
(BB)in subparagraph (B), by striking “amateur sports” and inserting “applicable”; ######
(ee)in paragraph (14), by striking “or the Pan-American Games” and inserting “the Pan-American Games, or the Parapan American Games”; and ######
(ff)by striking the subsection designation and heading and all that follows through “An amateur sports organization” and inserting “An amateur sports organization, a high-performance management organization, or a paralympic sports organization”; ######
(iv)in section 220524, by striking “amateur sports” each place it appears; ######
(v)in section 220528— ######
(I)by striking “recognition” each place it appears and inserting “certification”; ######
(II)by striking “recognize” each place it appears and inserting “certify”; and ######
(III)in subsection (g), in the subsection heading, by striking “Recognition” and inserting “Certification”; ######
(vi)in section 220531— ######
(I)by striking “, each national governing body, and each paralympic sports organization” each place it appears and inserting “and each national governing body”; and ######
(II)in subsection (c)(2), by striking “each paralympic sports organization,”; ######
(vii)in section 220541(d)(3), by striking subparagraph (C); ######
(viii)in section 220542— ######
(I)by striking “or paralympic sports organization” each place it appears; and ######
(II)in subsection (a)(2)— ######
(aa)in subparagraph (A), in the matter preceding clause (i), by striking “, a paralympic sports organization,”; ######
(bb)in subparagraph (E), by striking “or a paralympic sports organization of each national governing body and paralympic sports organization”; and ######
(cc)in subparagraph (F)(i)— ######
(AA)by striking “, or an adult” and inserting “or an adult”; ######
(BB)by striking “, paralympic sports organization,”; and ######
(CC)by striking “, paralympic sports organizations,”. #####
(B)**[**[36 U.S.C. 220501prec](/us/usc/t36/s220501prec)**]** The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220521 and inserting the following:" “220521. Certification of national governing bodies.” ". ###
(b)Eligibility Requirements With Respect to Governing Boards Section 220522 of title 36, United States Code, as amended by subsection (a)(2), is further amended— ####
(1)in paragraph (2), by inserting “, including the ability to provide and enforce required athlete protection policies and procedures” before the semicolon; ####
(2)in paragraph (4)(B)— #####
(A)by striking “conducted in accordance with the Commercial Rules of the American Arbitration Association” and inserting “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”; and #####
(B)by striking “Commercial Rules of Arbitration” and inserting “standard commercial rules of arbitration of such designated provider”; ####
(3)in paragraph (5), in the matter preceding subparagraph (A), by inserting “except with respect to the oversight of the organization,” after “sport,”; ####
(4)by redesignating paragraphs
(10)through
(15)as paragraphs
(11)through (16), respectively; ####
(5)by inserting after paragraph
(9)the following: > > #### “(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; ” > ; ####
(6)by striking paragraph (13), as so redesignated, and inserting the following: > > #### “(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; ” > ; ####
(7)in paragraph (15), as so redesignated, by striking “; and” and inserting a semicolon; ####
(8)in paragraph (16), as so redesignated, by striking the period at the end and inserting a semicolon; and ####
(9)by adding at the end the following: > > #### “(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. ” > . ###
(c)General Duties of National Governing Bodies Section 220524 of title 36, United States Code, is amended— ####
(1)in the matter preceding paragraph (1), by striking “ For the sport ” and inserting the following: > > ### “(a) In General > > For the sport ” > ; ####
(2)in subsection (a), as so designated— #####
(A)in paragraph (8), by striking “; and” and inserting a semicolon; #####
(B)in paragraph (9), by striking the period at the end and inserting a semicolon; and #####
(C)by adding at the end the following: > > #### “(10) > > 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; > > > #### “(11) > > promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse; > > > #### “(12) > > 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; > > > #### “(13) > > immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and > > > #### “(14) > > 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). ” > ; and ####
(3)by adding at the end the following: > > ### “(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. ” > . ###
(d)Elimination of Exhaustion of Remedies Requirement Section 220527 of title 36, United States Code, is amended— ####
(1)by striking subsection (b); ####
(2)in subsection (c), by striking “If the corporation” and all that follows through “subsection (b)(1) of this section, it” and inserting “The corporation”; and ####
(3)by redesignating subsections
(c)and
(d)as subsections
(b)and (c), respectively. ###
(e)Arbitration of Corporation Determinations Section 220529(a) of title 36, United States Code, is amended by striking “any regional office of the American Arbitration Association” and inserting “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)”. ###
(f)Ensure Limitations on Communications Are Included in Limitations on Interactions Section 220530(a) of title 36, United States Code, is amended— ####
(1)in paragraph (2), by inserting “, including communications,” after “interactions”; and ####
(2)in paragraph (4), by striking “ makes ” and all that follows through the period at the end and inserting the following: > “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. ” > .
Connections1 off-index
1 reference not yet in our index
- 36 USC 220501prec
Citation graph
cites case law
Sec. 7
MODIFICATIONS TO NATIONAL GOVERNING BODIES
Cite36 USC 220501prec
Cites 1Cited by 0 across 0 sources