§220504 — Title 36 Patriotic and National Observances | U.S. Code

Summary

Only national governing bodies can be members, and the corporation’s constitution and bylaws must say who is eligible. The bylaws must also make sure the corporation’s leadership fairly represents several groups: national governing bodies (including a National Governing Bodies’ Council); amateur athletes (including an Athletes’ Advisory Council whose chair or designee has voting power on the board and committees); amateur sports organizations that run national programs or competitions in 2 or more Olympic/Paralympic/Pan‑American/Parapan American sports and are involved in selecting U.S. athletes; and unaffiliated individuals who represent the public’s interests. The bylaws must require that at least 1/3 of the board be athletes elected by athletes, and at least 20 percent of the board be athletes who currently represent the U.S. internationally or who did so in the past 10 years. Athletes must hold at least 1/3 of board and committee membership and voting power, including on grievance panels. An athlete who represents other athletes cannot work for, or make decisions for, the Center for 2 years after they stop representing them. The bylaws must also describe any general certification rules needed for membership.

Title 36, §220504

Patriotic and National Observances — Source: USLM XML via OLRC

(a)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)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)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)The bylaws of the corporation shall include a description of all generally applicable certification requirements for membership in the corporation.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 22050436:376.Sept. 21, 1950, ch. 975, title I, § 106, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048. In subsection (a), the words “is as provided in” are substituted for “shall be determined in accordance with” for consistency in the revised title.

Editorial Notes

Amendments

2020—Subsec. (a). Pub. L. 116–189, § 6(b)(1), inserted “, and membership shall be available only to national governing bodies” before period at end. Subsec. (b)(1). Pub. L. 116–189, § 7(a)(2)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”. Subsec. (b)(2). Pub. L. 116–189, § 6(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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;”. Subsec. (b)(3). Pub. L. 116–189, § 4(a)(4), substituted “the Pan-American Games, or the Parapan American Games” for “or the Pan-American Games”. Subsecs. (c), (d). Pub. L. 116–189, § 6(b)(3), added subsecs. (c) and (d). 1998—Subsec. (b)(1), (2). Pub. L. 105–277, § 142(e)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) amateur sports organizations recognized as national governing bodies under section 220521 of this title; “(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;”. Subsec. (b)(3). Pub. L. 105–277, § 142(e)(2), inserted “, the Paralympic Games,” after “Olympic Games”.

§220504 Membership