
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC220509]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
            Subtitle II--Patriotic and National Organizations
 
                          Part B--Organizations
 
              CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE
 
                        SUBCHAPTER I--CORPORATION
 
Sec. 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, a \1\ 
        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;
---------------------------------------------------------------------------
    \1\ So in original. The word ``a'' probably should not appear.
---------------------------------------------------------------------------
            (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 
        corporation's executive director with the name of one 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.

    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 
        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.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105-277, div. 
C, title I, Sec. 142(h), 112 Stat. 2681-605.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
220509................................  36:382b.                         Sept. 
21, 1950, ch. 975, title I, Sec.
                                                                          114, 
as added Nov. 8, 1978, Pub. L. 95-
                                                                          606, 
Sec.  1(b), 92 Stat. 3049.
-------------------------------------------------------------------------------
---------------------------------

                               Amendments

    1998--Subsec. (a). Pub. L. 105-277, Sec. 142(h)(1), designated 
existing provisions as subsec. (a), and inserted heading.
    Pub. L. 105-277, Sec. 142(h)(2), inserted ``the Paralympic Games,'' 
before ``the Pan-American Games''.
    Pub. L. 105-277, Sec. 142(h)(3), inserted at end ``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.''
    Subsec. (b). Pub. L. 105-277, Sec. 142(h)(4), added subsec. (b).
