Page:United States Statutes at Large Volume 92 Part 3.djvu/418

This page needs to be proofread.

PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3050

PUBLIC LAW 95-606—NOV. 8, 1978 opportunity of an amateur athlete, coach, trainer, manager, administrator, or oflEicial to participate in the Olympic Games, the PanAmerican Games, world championship competition, or other such protected competition as defined in such constitution and bylaws.". NATIONAL GOVERNING BODIES

SEC. 2. The Act, as amended by section 1 of this Act, is further amended by adding at the end thereof the following new title: "TITLE II—NATIONAL GOVERNING BODIES 36 USC 391.

Notice.

VI

"SEC. 201. (a) For any sport which is included on the program of the Olympic Games or the Pan-American Games, the Corporation is authorized to recognize as a national governing body an amateur sports organization which files an application and is eligible for such recognition, in accordance with the provisions of subsection (b) of this section. The Corporation shall recognize only one national governing body for each sport for which an application is made and approved. Prior to the recognition of a national governing body under the authority granted under this title and in accordance with the procedures and requirements of this section, the Corporation shall hold a hearing open to the public on the application for such recognition. The Corporation shall publish notice of the time, place, and nature of the hearing. Publication shall be made in a regular issue of the Corporation's principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing. "(b) No amateur sports organization is eligible to be recognized or is eligible to continue to be recognized as a national governing body unless it— "(1) is incorporated under the laws of any of the several States 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, and has the managerial and financial capability to plan and execute its obligations; " (2) submits an application for recognition, in such form as the Corporation shall require, as a national governing body and, upon application, submits a copy of its corporate charter and bylaws and any additional information as is considered necessary or appropriate by the Corporation; "(3) agrees to submit, upon demand of the Corporation, to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in any controversy involving its recognition as a national governing body, as provided for in section 205 of this title, or involving 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; "(4) demonstrates that it is autonomous in the governance of its sport, in that it independently determines and controls all matters central to such governance, does not delegate such determination and control, and is free from outside restraint, and demonstrates that it is a member of no more than one international sports federation which governs a sport included on the program of the Olympic Games or the Pan-American Games;