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.