36 U.S.C. § 220522 — Eligibility requirements

Page 310 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220522 application and is eligible for such certifi- cation under section 220522; and (2) may not certify more than 1 national governing body. (b) PUBLIC HEARING.—Before certifying an or- ganization as a national governing body, the corporation shall hold at least 2 public hearings on the application. The corporation shall pub- lish notice of the time, place, and nature of the hearings. Publication shall be made in a regular issue of the corporation’s principal publication at least 30 days, but not more than 60 days, be- fore the date of the hearings. The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all ama- teur sports organizations known to the corpora- tion in that sport. (c) RECOMMENDATION TO INTERNATIONAL SPORTS FEDERATION.—Within 61 days after certi- fying an organization as a national governing body, the corporation shall recommend and sup- port in any appropriate manner the national governing body to the appropriate international sports federation as the representative of the United States for that sport. (d) REVIEW OF CERTIFICATION.—Not later than 8 years after the date of the enactment of the Em- powering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corpora- tion— (1) shall review all matters related to the continued certification of an organization as a national governing body; (2) may take action the corporation con- siders appropriate, including placing condi- tions on the continued certification of an or- ganization as a national governing body; (3) shall submit to Congress a summary re- port of each review under paragraph (1); and (4) shall make each such summary report available to the public. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(l), Oct. 21, 1998, 112 Stat. 2681–607; Pub. L. 109–284, § 5(20), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 7(a)(1), Oct. 30, 2020, 134 Stat. 955.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220521(a) ..... 36:391(a) (1st, 2d sen- tences). Sept. 21, 1950, ch. 975, title II, §§ 201(a), (d), 204, 205(b)(5), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3050, 3052, 3055, 3057. 220521(b) ..... 36:391(a) (3d–last sentences). 220521(c) ..... 36:391(d). 36:395(b)(5). 220521(d) ..... 36:394. In subsection (b), the words ‘‘under the authority granted under this subchapter and in accordance with the procedures and requirements of this section’’ are omitted as unnecessary. The words ‘‘public hearing’’ are substituted for ‘‘hearing open to the public’’, and the words ‘‘for such recognition’’ are omitted, to elimi- nate unnecessary words. In subsection (c), the words ‘‘in accordance with sub- section (a) of this section’’ in 36:391(d) and ‘‘in accord- ance with this subsection’’ in 36:395(b)(5) are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT The date of the enactment of the Empowering Olym- pic, Paralympic, and Amateur Athletes Act of 2020, re- ferred to in subsec. (d), is the date of enactment of Pub. L. 116–189, which was approved Oct. 30, 2020. AMENDMENTS 2020—Pub. L. 116–189, § 7(a)(1)(A), substituted ‘‘Certifi- cation of national governing bodies’’ for ‘‘Recognition of amateur sports organizations as national governing bodies’’ in section catchline. Subsec. (a). Pub. L. 116–189, § 7(a)(1)(B), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) pro- vided general authority for the corporation to recog- nize an eligible amateur sports organization as a na- tional governing body. Subsecs. (b), (c). Pub. L. 116–189, § 7(a)(1)(C), (D), sub- stituted ‘‘certifying’’ for ‘‘recognizing’’. Subsec. (d). Pub. L. 116–189, § 7(a)(1)(E), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘The corporation may review all matters related to the continued recognition of an organization as a na- tional governing body and may take action it considers appropriate, including placing conditions on the con- tinued recognition.’’ 2006—Subsec. (a). Pub. L. 109–284 substituted ‘‘sub- section’’ for ‘‘subsections’’. 1998—Subsec. (a). Pub. L. 105–277, § 142(l)(1), inserted first sentence and struck out former first sentence which read as follows: ‘‘For any sport that is included on the program of the Olympic Games or the Pan- American Games, the corporation may recognize as a national governing body an amateur sports organiza- tion that files an application and is eligible under sec- tion 220522 of this title.’’ Pub. L. 105–277, § 142(l)(2), substituted ‘‘approved, ex- cept as provided in section 220522(b) with respect to a paralympic sports organization.’’ for ‘‘approved.’’ Subsec. (b). Pub. L. 105–277, § 142(l)(3)–(5), substituted ‘‘hold at least 2 public hearings’’ for ‘‘hold a public hearing’’, substituted ‘‘hearings.’’ for ‘‘hearing.’’ in two places, and inserted at end ‘‘The corporation shall send written notice, which shall include a copy of the appli- cation, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport.’’ § 220522. Eligibility requirements An amateur sports organization, a high-per- formance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, as a na- tional governing body only if it— (1) is incorporated under the laws of a State of the United States or the District of Colum- bia as a not-for-profit corporation having as its purpose the advancement of amateur ath- letic competition; (2) has the managerial and financial capa- bility to plan and execute its obligations, in- cluding the ability to provide and enforce re- quired athlete protection policies and proce- dures; (3) submits— (A) an application, in the form required by the corporation, for certification as a na- tional governing body; (B) a copy of its corporate charter and by- laws; and (C) any additional information considered necessary or appropriate by the corporation; (4) agrees to submit to binding arbitration in any controversy involving— Page 311 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220522 (A) its certification as a national gov- erning body, as provided for in section 220529 of this title, upon demand of the corpora- tion; and (B) the opportunity of any amateur ath- lete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corpora- tion or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, which arbitration under this para- graph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of ar- bitration and mediation services based in the United States and designated by the cor- poration with the concurrence of the Ath- letes’ Advisory Council and the National Governing Bodies’ Council, as modified and provided for in the corporation’s constitu- tion and bylaws, except that if the Athletes’ Advisory Council and National Governing Bodies’ Council do not concur on any modi- fications to such Rules, and if the corpora- tion’s executive committee is not able to fa- cilitate such concurrence, the standard com- mercial rules of arbitration of such des- ignated provider shall apply unless at least two-thirds of the corporation’s board of di- rectors approves modifications to such Rules; (5) demonstrates that it is autonomous in the governance of its sport, except with re- spect to the oversight of the organization, 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, the Paralympic Games, the Pan-American Games, or the Parapan American Games; (7) demonstrates that its membership is open to any individual who is an amateur ath- lete, coach, trainer, manager, administrator, or official active in the sport for which certifi- cation is sought, or any amateur sports orga- nization that conducts programs in the sport for which certification is sought, or both; (8) provides an equal opportunity to amateur athletes, coaches, trainers, managers, admin- istrators, and officials to participate in ama- teur athletic competition, without discrimina- tion 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, adminis- trator, or official before declaring the indi- vidual ineligible to participate; (9) is governed by a board of directors or other governing board whose members are se- lected without regard to race, color, religion, national origin, or sex, except that, in sports where there are separate male and female pro- grams, it provides for reasonable representa- tion of both males and females on the board of directors or other governing board; (10) ensures that the selection criteria for in- dividuals and teams that represent the United States are— (A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes’ Advisory Council, and the United States Olympians and Paralympians Association; (B) clearly articulated in writing and prop- erly communicated to athletes in a timely manner; and (C) consistently applied, using objective and subjective criteria appropriate to the applicable sport; (11) demonstrates, based on guidelines ap- proved by the corporation, the Athletes’ Advi- sory Council, and the National Governing Bod- ies’ Council, that its board of directors and other such governing boards have established criteria and election procedures for and main- tain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which certifi- cation is sought or who have represented the United States in international amateur ath- letic 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; (12) provides for reasonable direct represen- tation on its board of directors or other gov- erning board for any amateur sports organiza- tion, high-performance management organiza- tion, or paralympic 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 ath- letes to represent the United States in inter- national amateur athletic competition; and (B) ensures that the representation re- flects the nature, scope, quality, and strength of the programs and competitions of the applicable organization in relation to all other programs and competitions in the sport in the United States; (13) demonstrates, based on guidelines ap- proved by the corporation, the Athletes’ Advi- sory Council, and the National Governing Bod- ies’ Council, that— (A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who— (i) are elected by amateur athletes; and (ii) are actively engaged in amateur ath- letic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought; (B) any exception to such guidelines by such organization has been approved by— Page 312 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220522 (i) the corporation; and (ii) the Athletes’ Advisory Council; and (C) the voting power held by such individ- uals is not less than 1⁄3 of the voting power held by its board of directors and other such governing boards; (14) provides procedures for the prompt and equitable resolution of grievances of its mem- bers; (15) does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan Amer- ican Games that are more restrictive than those of the appropriate international sports federation; (16) demonstrates, if the organization is seeking to be certified as a national governing body, that it is prepared to meet the obliga- tions imposed on a national governing body under sections 220524 and 220525 of this title; (17) commits to submitting annual reports to the corporation that include, for each calendar year— (A) a description of the manner in which the organization— (i) carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and (ii) addresses any sanctions or temporary measures required by the Center; (B) a description of any cause of action or complaint filed against the organization that was pending or settled during the pre- ceding calendar year; and (C) a detailed statement of— (i) the income and expenses of the orga- nization; and (ii) the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes; (18) commits to meeting any minimum standard or requirement set forth by the cor- poration; and (19) provides protection from retaliation to protected individuals. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, § 142(m), Oct. 21, 1998, 112 Stat. 2681–607; Pub. L. 116–189, § 7(a)(2)(A)(iii), (b), Oct. 30, 2020, 134 Stat. 956, 958.) 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, § 201(b), (c), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3050. In clause (1), the words ‘‘a State’’ are substituted for ‘‘any of the several States’’ for consistency in the re- vised 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. Editorial Notes AMENDMENTS 2020—Pub. L. 116–189, § 7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (a) designation and heading ‘‘General’’ at beginning of section, substituted ‘‘An amateur sports organization, a high-performance management organi- zation, or a paralympic sports organization’’ for ‘‘An amateur sports organization’’ in introductory provi- sions, and struck out subsec. (b) which related to rec- ognition of paralympic sports organizations. Subsec. (a). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(aa), (bb), substituted ‘‘certified’’ for ‘‘recognized’’ and ‘‘cer- tification’’ for ‘‘recognition’’ wherever appearing in subsec. (a) prior to redesignation of subsec. (a) as entire section. Par. (2). Pub. L. 116–189, § 7(b)(1), inserted ‘‘, including the ability to provide and enforce required athlete pro- tection policies and procedures’’ before semicolon at end. Par. (4)(B). Pub. L. 116–189, § 7(b)(2), substituted ‘‘which arbitration under this paragraph shall be con- ducted in accordance with the standard commercial ar- bitration rules of an established major national pro- vider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodies’ Council’’ for ‘‘con- ducted in accordance with the Commercial Rules of the American Arbitration Association’’ and ‘‘standard com- mercial rules of arbitration of such designated pro- vider’’ for ‘‘Commercial Rules of Arbitration’’. Par. (5). Pub. L. 116–189, § 7(b)(3), inserted ‘‘except with respect to the oversight of the organization,’’ after ‘‘sport,’’ in introductory provisions. Subsec. (a)(6). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(cc), substituted ‘‘the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games’’ for ‘‘the Olympic Games or the Pan- American Games’’ in par. (6) of subsec. (a) prior to re- designation of subsec. (a) as entire section. Par. (10). Pub. L. 116–189, § 7(b)(5), added par. (10). Former par. (10) redesignated (11). Par. (11). Pub. L. 116–189, § 7(b)(4), redesignated par. (10) as (11). Former par. (11) redesignated (12). Subsec. (a)(11). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, inserted ‘‘, high-performance manage- ment organization, or paralympic sports organization’’ after ‘‘amateur sports organization’’ in introductory provisions and substituted ‘‘applicable’’ for ‘‘amateur sports’’ in subpar. (B). Par. (12). Pub. L. 116–189, § 7(b)(4), redesignated par. (11) as (12). Former par. (12) redesignated (13). Par. (13). Pub. L. 116–189, § 7(b)(6), added par. (13) and struck out former par. (13) which read as follows: ‘‘dem- onstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;’’. Pub. L. 116–189, § 7(b)(4), redesignated par. (12) as (13). Former par. (13) redesignated (14). Par. (14). Pub. L. 116–189, § 7(b)(4), redesignated par. (13) as (14). Former par. (14) redesignated (15). Subsec. (a)(14). Pub. L. 116–189, § 7(a)(2)(A)(iii)(II)(ee), substituted ‘‘the Pan-American Games, or the Parapan American Games’’ for ‘‘or the Pan-American Games’’ in par. (14) of subsec. (a) prior to redesignation of subsec. (a) as entire section and par. (14) as (15). Pars. (15), (16). Pub. L. 116–189, § 7(b)(4), redesignated pars. (14) and (15) as (15) and (16), respectively. Pars. (17) to (19). Pub. L. 116–189, § 7(b)(7)–(9), added pars. (17) to (19). Page 313 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220524 1998—Pub. L. 105–277, § 142(m)(1), designated existing provisions as subsec. (a) and inserted heading. Subsec. (a)(4). Pub. L. 105–277, § 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 Associa- tion 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 par- ticipate in amateur athletic competition, as provided for in the corporation’s constitution and bylaws;’’. Subsec. (a)(10). Pub. L. 105–277, § 142(m)(3), added par. (10) and struck out former par. (10) which read as fol- lows: ‘‘demonstrates that— ‘‘(A) its board of directors or other governing board includes among its voting members— ‘‘(i) individuals who are actively engaged in ama- teur 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, § 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, § 142(m)(5), added subsec. (b). § 220523. Authority of national governing bodies (a) AUTHORITY.—For the sport that it governs, a national governing body may— (1) represent the United States in the appro- priate international sports federation; (2) establish national goals and encourage the attainment of those goals; (3) serve as the coordinating body for ama- teur athletic activity in the United States; (4) exercise jurisdiction over international amateur athletic activities and sanction inter- national amateur athletic competition held in the United States and sanction the sponsor- ship of international amateur athletic com- petition held outside the United States; (5) conduct amateur athletic competition, including national championships, and inter- national amateur athletic competition in the United States, and establish procedures for de- termining eligibility standards for participa- tion in competition, except for amateur ath- letic competition specified in section 220526 of this title; (6) recommend to the corporation individ- uals and teams to represent the United States in the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; and (7) designate individuals and teams to rep- resent the United States in international ama- teur athletic competition (other than the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan Amer- ican Games) and certify, in accordance with applicable international rules, the amateur eligibility of those individuals and teams. (b) REPLACEMENT OF NATIONAL GOVERNING BODY PURSUANT TO ARBITRATION.—A national governing body may not exercise any authority under subsection (a) of this section for a par- ticular sport after another amateur sports orga- nization has been declared (in accordance with binding arbitration proceedings prescribed by the organic documents of the corporation) enti- tled to replace that national governing body as the member of the corporation for that sport. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1473; Pub. L. 105–277, div. C, title I, § 142(n), Oct. 21, 1998, 112 Stat. 2681–608; Pub. L. 116–189, § 4(a)(9), Oct. 30, 2020, 134 Stat. 945.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220523(a) ..... 36:393. Sept. 21, 1950, ch. 975, title II, § 203, as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3054. 220523(b) ..... 36:393 note. July 8, 1980, Pub. L. 96–304, title I (last sentence re- lated to limitation on ex- ercise of authority in par. under heading ‘‘Salaries and Expenses’’), 94 Stat. 898. In subsection (b), the words ‘‘national governing body’’ are omitted (the first time they appear) to elimi- nate unnecessary words. The reference to ‘‘subsection (a) of this section’’ is substituted for ‘‘section 203 of Public Law 95–606 as hereby amended’’ because of the restatement. The word ‘‘corporation’’ is substituted for ‘‘Committee’’ because of the definition of ‘‘corpora- tion’’ in section 220501 of this title. Editorial Notes AMENDMENTS 2020—Subsec. (a)(6), (7). Pub. L. 116–189 substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and the Pan-American Games’’. 1998—Subsec. (a)(6), (7). Pub. L. 105–277, which di- rected substitution of ‘‘Games, the Paralympic Games, and’’ for ‘‘Games and’’ in pars. (6) and (7) of this sec- tion, was executed by making the substitution in pars. (6) and (7) of subsec. (a) to reflect the probable intent of Congress. § 220524. General duties of national governing bodies (a) IN GENERAL.—For the sport that it governs, a national governing body shall— (1) develop interest and participation throughout the United States and be respon- sible to the persons and organizations it rep- resents; (2) minimize, through coordination with other organizations, conflicts in the sched- uling of all practices and competitions; (3) keep amateur athletes informed of policy matters and reasonably reflect the views of the athletes in its policy decisions; (4) disseminate and distribute to amateur athletes, coaches, trainers, managers, admin- istrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corpora- tion, the appropriate international sports fed- eration, the International Olympic Com- mittee, the International Paralympic Com- mittee, and the Pan-American Sports Organi- zation;