
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: 36USC220522]

 
     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 II--NATIONAL GOVERNING BODIES
 
Sec. 220522. Eligibility requirements

    (a) General.--An amateur sports organization is eligible to be 
recognized, or to continue to be recognized, as a national governing 
body only if it--
        (1) is incorporated under the laws of a State of the United 
    States or the District of Columbia as a not-for-profit corporation 
    having as its purpose the advancement of amateur athletic 
    competition;
        (2) has the managerial and financial capability to plan and 
    execute its obligations;
        (3) submits--
            (A) an application, in the form required by the corporation, 
        for recognition as a national governing body;
            (B) a copy of its corporate charter and bylaws; and
            (C) any additional information considered necessary or 
        appropriate by the corporation;

        (4) agrees to submit to binding arbitration in any controversy 
    involving--
            (A) its recognition as a national governing body, as 
        provided for in section 220529 of this title, upon demand of the 
        corporation; and
            (B) the opportunity of any amateur athlete, coach, trainer, 
        manager, administrator or official to participate in amateur 
        athletic competition, upon demand of the corporation or any 
        aggrieved amateur athlete, coach, trainer, manager, 
        administrator or official, conducted in accordance with the 
        Commercial Rules of the American Arbitration Association, as 
        modified and provided for in the corporation's constitution and 
        bylaws, except that if the Athletes' Advisory Council and 
        National Governing Bodies' Council do not concur on any 
        modifications to such Rules, and if the corporation's executive 
        committee is not able to facilitate such concurrence, the 
        Commercial Rules of Arbitration shall apply unless at least two-
        thirds of the corporation's board of directors approves 
        modifications to such Rules;

        (5) demonstrates that it is autonomous in the governance of its 
    sport, in that it--
            (A) independently decides and controls all matters central 
        to governance;
            (B) does not delegate decision-making and control of matters 
        central to governance; and
            (C) is free from outside restraint;

        (6) demonstrates that it is a member of no more than one 
    international sports federation that governs a sport included on the 
    program of the Olympic Games or the Pan-American Games;
        (7) demonstrates that its membership is open to any individual 
    who is an amateur athlete, coach, trainer, manager, administrator, 
    or official active in the sport for which recognition is sought, or 
    any amateur sports organization that conducts programs in the sport 
    for which recognition is sought, or both;
        (8) provides an equal opportunity to amateur athletes, coaches, 
    trainers, managers, administrators, and officials to participate in 
    amateur athletic competition, without discrimination on the basis of 
    race, color, religion, sex, age, or national origin, and with fair 
    notice and opportunity for a hearing to any amateur athlete, coach, 
    trainer, manager, administrator, or official before declaring the 
    individual ineligible to participate;
        (9) is governed by a board of directors or other governing board 
    whose members are selected without regard to race, color, religion, 
    national origin, or sex, except that, in sports where there are 
    separate male and female programs, it provides for reasonable 
    representation of both males and females on the board of directors 
    or other governing board;
        (10) demonstrates, based on guidelines approved by the 
    corporation, the Athletes' Advisory Council, and the National 
    Governing Bodies' Council, that its board of directors and other 
    such governing boards have established criteria and election 
    procedures for and maintain among their voting members individuals 
    who are actively engaged in amateur athletic competition in the 
    sport for which recognition is sought or who have represented the 
    United States in international amateur athletic competition within 
    the preceding 10 years, that any exceptions to such guidelines by 
    such organization have been approved by the corporation, and that 
    the voting power held by such individuals is not less than 20 
    percent of the voting power held in its board of directors and other 
    such governing boards;
        (11) provides for reasonable direct representation on its board 
    of directors or other governing board for any amateur sports 
    organization that--
            (A) conducts a national program or regular national amateur 
        athletic competition in the applicable sport on a level of 
        proficiency appropriate for the selection of amateur athletes to 
        represent the United States in international amateur athletic 
        competition; and
            (B) ensures that the representation reflects the nature, 
        scope, quality, and strength of the programs and competitions of 
        the amateur sports organization in relation to all other 
        programs and competitions in the sport in the United States;

        (12) demonstrates that none of its officers are also officers of 
    any other amateur sports organization recognized as a national 
    governing body;
        (13) provides procedures for the prompt and equitable resolution 
    of grievances of its members;
        (14) does not have eligibility criteria related to amateur 
    status or to participation in the Olympic Games, the Paralympic 
    Games, or the Pan-American Games that are more restrictive than 
    those of the appropriate international sports federation; and
        (15) demonstrates, if the organization is seeking to be 
    recognized as a national governing body, that it is prepared to meet 
    the obligations imposed on a national governing body under sections 
    220524 and 220525 of this title.

    (b) Recognition of Paralympic Sports Organizations.--For any sport 
which is included on the program of the Paralympic Games, the 
corporation is authorized to designate, where feasible and when such 
designation would serve the best interest of the sport, and with the 
approval of the affected national governing body, a national governing 
body recognized under subsection (a) to govern such sport. Where such 
designation is not feasible or would not serve the best interest of the 
sport, the corporation is authorized to recognize another amateur sports 
organization as a paralympic sports organization to govern such sport, 
except that, notwithstanding the other requirements of this chapter, any 
such paralympic sports organization--
        (1) shall comply only with those requirements, perform those 
    duties, and have those powers that the corporation, in its sole 
    discretion, determines are appropriate to meet the objects and 
    purposes of this chapter; and
        (2) may, with the approval of the corporation, govern more than 
    one sport included on the program of the Paralympic Games.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105-277, div. 
C, title I, Sec. 142(m), 112 Stat. 2681-607.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
220522................................  36:391(b), (c).                  Sept. 
21, 1950, ch. 975, title II, Sec.
                                                                           201(
b), (c), as added Nov. 8, 1978,
                                                                          Pub. 
L. 95-606, Sec.  2, 92 Stat.
                                                                          3050.
-------------------------------------------------------------------------------
---------------------------------

    In clause (1), the words ``a State'' are substituted for ``any of 
the several States'' for consistency in the revised title.
    In clause (3)(B), the words ``upon application'' are omitted as 
unnecessary.
    In clause (10)(B), the words ``hold at least 20 percent of the 
membership and voting power on the board'' are substituted for ``the 
membership and voting power held . . . is not less than 20 percent of 
such membership and voting power held in that board of directors or 
other such governing board'' to eliminate unnecessary words.
    The text of 36:391(c) is omitted as executed.


                               Amendments

    1998--Pub. L. 105-277, Sec. 142(m)(1), designated existing 
provisions as subsec. (a) and inserted heading.
    Subsec. (a)(4). Pub. L. 105-277, Sec. 142(m)(2), added par. (4) and 
struck out former par. (4) which read as follows: ``agrees to submit, on 
demand by the corporation, to binding arbitration conducted in 
accordance with the commercial rules of the American Arbitration 
Association in any controversy involving--
        ``(A) its recognition as a national governing body, as provided 
    for in section 220529 of this title; or
        ``(B) the opportunity of any amateur athlete, coach, trainer, 
    manager, administrator, or official to participate in amateur 
    athletic competition, as provided for in the corporation's 
    constitution and bylaws;''.
    Subsec. (a)(10). Pub. L. 105-277, Sec. 142(m)(3), added par. (10) 
and struck out former par. (10) which read as follows: ``demonstrates 
that--
        ``(A) its board of directors or other governing board includes 
    among its voting members--
            ``(i) individuals who are actively engaged in amateur 
        athletic competition in the sport for which recognition is 
        sought; or
            ``(ii) individuals who, within the prior 10 years, have 
        represented the United States in international amateur athletic 
        competition in the sport for which recognition is sought; and
        ``(B) the individuals described in subclause (A) of this clause 
    hold at least 20 percent of the membership and voting power on the 
    board;''.
    Subsec. (a)(14). Pub. L. 105-277, Sec. 142(m)(4), inserted ``or to 
participation in the Olympic Games, the Paralympic Games, or the Pan-
American Games'' after ``amateur status''.
    Subsec. (b). Pub. L. 105-277, Sec. 142(m)(5), added subsec. (b).

                  Section Referred to in Other Sections

    This section is referred to in sections 220521, 220527, 220528 of 
this title.
