TITLE 36 - US CODE - SUBCHAPTER I - CORPORATION

36 USC 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) corporation means the United States Olympic Committee.
(5) 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.
(6) national governing body means an amateur sports organization that is recognized by the corporation under section 220521 of this title.
(7) paralympic sports organization means an amateur sports organization which is recognized by the corporation under section 220521 of this title.
(8) sanction means a certificate of approval issued by a national governing body.

36 USC 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.— 
Any reference to the United States Olympic Association is deemed to refer to the United States Olympic Committee.

36 USC 220503 - Purposes

The purposes of the corporation are
(1) to establish national goals for amateur athletic activities and encourage the attainment of those goals;
(2) to coordinate and develop amateur athletic activity in the United States, directly related to international amateur athletic competition, to foster productive working relationships among sports-related organizations;
(3) to exercise exclusive jurisdiction, directly or through constituent members of committees, over
(A) all matters pertaining to United States participation in the Olympic Games, the Paralympic Games, and the Pan-American Games, including representation of the United States in the games; and
(B) the organization of the Olympic Games, the Paralympic Games, and the Pan-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, and Pan-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 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; and
(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.

36 USC 220504 - Membership

(a) Eligibility.— 
Eligibility for membership in the corporation is as provided in the constitution and bylaws of the corporation.
(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) amateur sports organizations recognized as national governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected by their boards of directors or such other governing boards to ensure effective communication between the corporation and such national governing bodies and paralympic sports organizations;
(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years, including through provisions which
(A) establish and maintain an Athletes Advisory Council composed of, and elected by, such amateur athletes to ensure communication between the corporation and such amateur athletes; and
(B) ensure that the membership and voting power held by such amateur athletes is not less than 20 percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation;
(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, or the Pan-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 corporations judgment, represent the interests of the American public in the activities of the corporation.

36 USC 220505 - Powers

(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 corporations 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 corporations 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, and the Pan-American Games, and obtain, directly or by delegation to the appropriate national governing body, amateur representation for those games;
(4) 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;
(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, 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.

36 USC 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 Committee;
(2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, 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, 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, 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, or Pan-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.

36 USC 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.

36 USC 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.

36 USC 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 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, 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, or the Pan-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) Ombudsman.— 

(1) The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman for athletes, who 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, paralympic sports organizations, 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, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation;
(B) assist in mediating any such disputes; and
(C) report to the Athletes Advisory Council on a regular basis.
(2) 
(A) The procedure for hiring the ombudsman for athletes shall be as follows:
(i) The Athletes Advisory Council shall provide the corporations executive director with the name of one qualified person to serve as ombudsman for athletes.
(ii) The corporations executive director shall immediately transmit the name of such person to the corporations executive committee.
(iii) The corporations executive committee shall hire or not hire such person after fully considering the advice and counsel of the Athletes Advisory Council.

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.

(B) 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 corporations executive committee by either the corporations executive director or by the Athletes Advisory Council; and
(iii) the corporations 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.

36 USC 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.

36 USC 220511 - Report

(a) Submission to President and Congress.— 
The corporation shall, on or before the first day of June, 2001, and every fourth year thereafter, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding 4 years, including
(1) a complete statement of its receipts and expenditures;
(2) a comprehensive description of the activities and accomplishments of the corporation during such 4-year period;
(3) 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; and
(4) a description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.
(b) Availability to Public.— 
The corporation shall make copies of the report available to interested persons at a reasonable cost.

36 USC 220512 - Complete teams

In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, and Pan-American Games, the corporation, either directly or by delegation to the appropriate national governing body or paralympic sports organization, 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.