36 U.S.C. § 220522 : US Code - Section 220522: Eligibility requirements

Search 36 U.S.C. § 220522 : US Code - Section 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.