Eligibility requirements

§ 220522. Eligibility requirements 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; 112 STAT. 1472 (4) 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; (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 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; (11) provides for reasonable direct representation on its board of directors or other governing board for any amateur sports organization that— 112 STAT. 1473 (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 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.