36-U.S.C.-220505

36-U.S.C.-220505

§220505 – Powers

Pathway

Title 36 > Subtitle II > Part B > Chapter 2205 > Subchapter I > Section 220505

Details

  • Reference: Section 220505
  • Legend: §220505 – Powers
  • USCode Year: 2013

Provision Content

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1468; Pub. L. 105–277, div. C, title I, §142(f), 112 Stat. 2681–604; Pub. L. 109–284, §5(15), Sept. 27, 2006, 120 Stat. 1212.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
220505(a) 36:375(b). Sept. 21, 1950, ch. 975, title I, §§105 (less (a) (words before cl. (1) related to perpetual succession)), 109, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3047, 3048.
220505(b) 36:375(a) (words before cl. (1) less perpetual succession), (6)–(10), (12)–(16).
36:379.

220505(c) 36:375(a) (words before cl. (1) less perpetual succession), (1)–(5), (11).  

In subsection (a), before clause (1), the words not inconsistent with the laws of the United States or of any State are omitted as unnecessary. In clause (1), the word amendment is substituted for alteration for consistency. Before subclause (A), the word general is omitted as unnecessary. In subclause (B), the words adoption of the amendment are substituted for the alteration for clarity. In clause (2), the word comments is substituted for views, or arguments to omit unnecessary words. The words a period of are omitted as unnecessary.

In subsection (b), the text of 36:379 is omitted as executed and obsolete. In clause (4), the word devises is substituted for devices to use standard contemporary spelling. In clause (5), the words acquire, own, lease, encumber, and transfer are substituted for acquire, hold, and dispose of for consistency in the revised title. The words real and personal and may be are omitted as unnecessary. The words to carry out the purposes of the corporation are substituted for for its corporate purposes for consistency in the revised title. In clause (6), the words to carry out its corporate purposes are omitted as unnecessary and for consistency in the revised title. The words issue instruments of indebtedness, and secure its obligations by granting security interests in its property are substituted for issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage for consistency in the revised title. The words subject in each case to the laws of the United States or of any State are omitted as unnecessary.

Amendments

2006—Subsec. (b)(9). Pub. L. 109–284 substituted this chapter shall be for this Act shall be.

1998—Subsec. (b)(9). Pub. L. 105–277, §142(f)(1), substituted sued, except that any civil action brought in a State court against the corporation and solely relating to the corporations responsibilities under this Act 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 for sued; and.

Subsec. (c)(2). Pub. L. 105–277, §142(f)(2)(A), substituted Organization and as its national Paralympic committee in relations with the International Paralympic Committee; for Organization.

Subsec. (c)(3). Pub. L. 105–277, §142(f)(2)(B), substituted Games, the Paralympic Games, and for Games and of.

Subsec. (c)(4). Pub. L. 105–277, §142(f)(2)(C), substituted Games, or as paralympic sports organizations for any sport that is included on the program of the Paralympic Games; for Games;.

Subsec. (c)(5). Pub. L. 105–277, §142(f)(2)(D), substituted Games, the Paralympic Games, the Pan-American Games, world championship competition, for Games,.

U.S. Encyclopedia of Law Coverage

36-U.S.C.-220312 in the Legal Encyclopedia: Patriotic Organizations

In this entry about 36-U.S.C.-220312, find legal reference material, bibliographies and premiere content related to patriotic organizations in the American Encyclopedia of Law, presenting a comprehensive view of the United States patriotic organizations-specific issues, written by authorities in the field.

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