Amateur Sports Act of 1978
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Amateur Sports Act of 1978 The Ted Stevens Olympic and Amateur Sports Act is a United States law (codified at 36 U.S.C. Sec. 220501 et seq. of the United States Code) that charters and grants monopoly status to the United States Olympic Committee, and specifies requirements for its member national governing bodies for individual sports. The current version of the Act was sponsored by Senator Ted Stevens the senior United States Senator from Alaska and adopted in 1998. It is a revision of the previous Amateur Sports Act of 1978 that reflects changes such as the fact that amateurism is no longer a requirement for competing in most international sports, expansion of the USOC's role to include the Paralympic Games, increased athlete representation, and protection of the USOC against lawsuits involving athletes' right to participate in the Olympic Games. Prior to the adoption of the Act in 1978, the Amateur Athletic Union (AAU) represented the United States on international competition matters and regulated amateur sports generally. The AAU had adopted arbitrary rules which prohibited women from participating in running events and banned any runner who had raced in the same event as a runner with a shoe‐ company sponsorship. Congress adopted the Act in response to criticisms of the AAU, effectively removing that organization from any governance role. The AAU now continues as a voluntary organization largely promoting youth sports; while it still has a major role in promoting track, it is now best known for sponsoring youth basketball competitions. The Act charters the United States Olympic Committee, which in turn can charter a national governing body (NGB) for each sport, such as USA Swimming, the United States Ski Team, USA Track & Field or the United States Figure Skating Association. Each NGB in turn establishes the rules for selecting the United States Olympic Team and promotes amateur competition in that sport. The Act requires that active athletes must hold 20 percent of the voting power of any board or committee in an NGB. The Act also provides athletes with due process and appeal rights concerning eligibility disputes. The Act gives exclusive rights of usage of the words "Olympic" and "Olympiad" to the Olympic Committee. The Committee used this act to sue other organizations which used this term "Olympics", such as the Gay Olympics. TITLE 36 Subtitle II Part B Chapter 2205 Subchapter I § 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 corporation’s judgment, represent the interests of the American public in the activities of the corporation. .