244
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 220312. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice to or service
on the corporation.
§ 220313. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 220314. Annual report and audit
(a) ANNUAL REPORT.—The corporation shall submit an annual report to
each House of Congress on the activities of the corporation during the prior
fiscal year. The report shall be submitted as soon as practical after the end
of each fiscal year.
(b) AUDIT.—In addition to complying with the audit requirements of sec-
tion 10101 of this title, the corporation shall comply with section 451 of the
Legislative Reorganization Act of 1970 (40 U.S.C. 193m–1).
§ 220315. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be distributed as provided by the
board of trustees, but in compliance with the constitution and bylaws of the
corporation.
CHAPTER 2205—UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I—CORPORATION
Sec.
220501.
Definitions.
220502.
Organization.
220503.
Purposes.
220504.
Membership.
220505.
Powers.
220506.
Exclusive right to name, seals, emblems, and badges.
220507.
Restrictions.
220508.
Headquarters, principal office, and meetings.
220509.
Resolution of disputes.
220510.
Service of process.
220511.
Annual report.
SUBCHAPTER II—NATIONAL GOVERNING BODIES
220521.
Recognition of amateur sports organizations as national governing bodies.
220522.
Eligibility requirements.
220523.
Authority of national governing bodies.
220524.
General duties of national governing bodies.
220525.
Granting sanctions for amateur athletic competitions.
245
220526.
Restricted amateur athletic competitions.
220527.
Complaints against national governing bodies.
220528.
Applications to replace an incumbent national governing body.
220529.
Arbitration of corporation determinations.
SUBCHAPTER I—CORPORATION
§ 220501. Definitions
For purposes of this chapter—
(1) ‘‘amateur athlete’’ means an athlete who meets the eligibility
standards established by the national governing body for the sport in
which the athlete competes.
(2) ‘‘amateur athletic competition’’ means a contest, game, meet,
match, tournament, regatta, or other event in which amateur athletes
compete.
(3) ‘‘amateur sports organization’’ means a not-for-profit corporation,
association, or other group organized in the United States that sponsors
or arranges an amateur athletic competition.
(4) ‘‘corporation’’ means the United States Olympic Committee.
(5) ‘‘international amateur athletic competition’’ means an amateur
athletic competition between one or more athletes representing the United
States, individually or as a team, and one or more athletes representing
a foreign country.
(6) ‘‘national governing body’’ means an amateur sports organization
that is recognized by the corporation under section 220521 of this title.
(7) ‘‘sanction’’ means a certificate of approval issued by a national
governing body.
§ 220502. Organization
(a) FEDERAL CHARTER.—The corporation is a federally chartered corpora-
tion.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
(c) REFERENCES TO UNITED STATES OLYMPIC ASSOCIATION.—Any ref-
erence to the United States Olympic Association is deemed to refer to the
United States Olympic Committee.
§ 220503. Purposes
The purposes of the corporation are—
(1) to establish national goals for amateur athletic activities and en-
courage the attainment of those goals;
(2) to coordinate and develop amateur athletic activity in the United
States, directly related to international amateur athletic competition, to
foster productive working relationships among sports-related organiza-
tions;
246
(3) to exercise exclusive jurisdiction, directly or through constituent
members of committees, over—
(A) all matters pertaining to United States participation in the
Olympic Games and the Pan-American Games, including represen-
tation of the United States in the games; and
(B) the organization of the Olympic Games and the Pan-Amer-
ican Games when held in the United States;
(4) to obtain for the United States, directly or by delegation to the
appropriate national governing body, the most competent amateur rep-
resentation possible in each event of the Olympic Games and Pan-Amer-
ican Games;
(5) to promote and support amateur athletic activities involving the
United States and foreign nations;
(6) to promote and encourage physical fitness and public participa-
tion in amateur athletic activities;
(7) to assist organizations and persons concerned with sports in the
development of amateur athletic programs for amateur athletes;
(8) to provide swift resolution of conflicts and disputes involving ama-
teur athletes, national governing bodies, and amateur sports organiza-
tions, and protect the opportunity of any amateur athlete, coach, trainer,
manager, administrator, or official to participate in amateur athletic
competition;
(9) to foster the development of amateur athletic facilities for use by
amateur athletes and assist in making existing amateur athletic facilities
available for use by amateur athletes;
(10) to provide and coordinate technical information on physical
training, equipment design, coaching, and performance analysis;
(11) to encourage and support research, development, and dissemina-
tion of information in the areas of sports medicine and sports safety;
(12) to encourage and provide assistance to amateur athletic activities
for women;
(13) to encourage and provide assistance to amateur athletic programs
and competition for individuals with disabilities, including, where fea-
sible, the expansion of opportunities for meaningful participation by in-
dividuals with disabilities in programs of athletic competition for able-
bodied individuals; and
(14) to encourage and provide assistance to amateur athletes of racial
and ethnic minorities for the purpose of eliciting the participation of
those minorities in amateur athletic activities in which they are under-
represented.
247
§ 220504. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation is as pro-
vided in the constitution and bylaws of the corporation.
(b) REQUIRED PROVISIONS
FOR REPRESENTATION.—In its constitution
and bylaws, the corporation shall establish and maintain provisions with re-
spect to its governance and the conduct of its affairs for reasonable representa-
tion of—
(1) amateur sports organizations recognized as national governing
bodies under section 220521 of this title;
(2) amateur athletes who are actively engaged in amateur athletic
competition or who have represented the United States in international
amateur athletic competition within the preceding 10 years;
(3) amateur sports organizations that conduct a national program or
regular national amateur athletic competition in 2 or more sports that
are included on the program of the Olympic Games or the Pan-American
Games on a level of proficiency appropriate for the selection of amateur
athletes to represent the United States in international amateur athletic
competition; and
(4) individuals not affiliated or associated with any amateur sports
organization who, in the corporation’s judgment, represent the interests
of the American public in the activities of the corporation.
§ 220505. Powers
(a) CONSTITUTION AND BYLAWS.—The corporation shall adopt a constitu-
tion and bylaws. The corporation may amend its constitution only if the cor-
poration—
(1) publishes, in its principal publication, a notice of the proposed
amendment, including—
(A) the substantive terms of the amendment;
(B) the time and place of the corporation’s regular meeting at
which adoption of the amendment is to be decided; and
(C) a provision informing interested persons that they may sub-
mit materials as authorized in clause (2) of this subsection; and
(2) gives all interested persons an opportunity to submit written com-
ments and information for at least 60 days after publication of notice
of the proposed amendment and before adoption of the amendment.
(b) GENERAL CORPORATE POWERS.—The corporation may—
(1) adopt and alter a corporate seal;
(2) establish and maintain offices to conduct the affairs of the corpora-
tion;
(3) make contracts;
248
(4) accept gifts, legacies, and devises in furtherance of its corporate
purposes;
(5) acquire, own, lease, encumber, and transfer property as necessary
to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure its ob-
ligations by granting security interests in its property;
(7) publish a magazine, newspaper, and other publications consistent
with its corporate purposes;
(8) approve and revoke membership in the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the purposes
of the corporation.
(c) POWERS RELATED
TO AMATEUR ATHLETICS
AND
THE OLYMPIC
GAMES.—The corporation may—
(1) serve as the coordinating body for amateur athletic activity in the
United States directly related to international amateur athletic competi-
tion;
(2) represent the United States as its national Olympic committee in
relations with the International Olympic Committee and the Pan-Amer-
ican Sports Organization;
(3) organize, finance, and control the representation of the United
States in the competitions and events of the Olympic Games and of the
Pan-American Games, and obtain, directly or by delegation to the ap-
propriate national governing body, amateur representation for those
games;
(4) recognize eligible amateur sports organizations as national govern-
ing bodies for any sport that is included on the program of the Olympic
Games or the Pan-American Games;
(5) facilitate, through orderly and effective administrative procedures,
the resolution of conflicts or disputes that involve any of its members and
any amateur athlete, coach, trainer, manager, administrator, official,
national governing body, or amateur sports organization and that arise
in connection with their eligibility for and participation in the Olympic
Games, the Pan-American world championship competition, or other
protected competition as defined in the constitution and bylaws of the
corporation; and
(6) provide financial assistance to any organization or association, ex-
cept a corporation organized for profit, in furtherance of the purposes
of the corporation.
249
§ 220506. Exclusive right to name, seals, emblems, and
badges
(a) EXCLUSIVE RIGHT OF CORPORATION.—Except as provided in sub-
section (d) of this section, the corporation has the exclusive right to use—
(1) the name ‘‘United States Olympic Committee’’;
(2) the symbol of the International Olympic Committee, consisting of
5 interlocking rings;
(3) the emblem of the corporation, consisting of an escutcheon having
a blue chief and vertically extending red and white bars on the base with
5 interlocking rings displayed on the chief; and
(4) the words ‘‘Olympic’’, ‘‘Olympiad’’, ‘‘Citius Altius Fortius’’, or
any combination of those words.
(b) CONTRIBUTORS AND SUPPLIERS.—The corporation may authorize con-
tributors and suppliers of goods or services to use the trade name of the cor-
poration or any trademark, symbol, insignia, or emblem of the International
Olympic Committee or of the corporation to advertise that the contributions,
goods, or services were donated or supplied to, or approved, selected, or used
by, the corporation, the United States Olympic team, the Pan-American team,
or team members.
(c) CIVIL ACTION FOR UNAUTHORIZED USE.—Except as provided in sub-
section (d) of this section, the corporation may file a civil action against a
person for the remedies provided in the Act of July 5, 1946 (15 U.S.C. 1051
et seq.) (popularly known as the Trademark Act of 1946) if the person, with-
out the consent of the corporation, uses for the purpose of trade, to induce
the sale of any goods or services, or to promote any theatrical exhibition, ath-
letic performance, or competition—
(1) the symbol described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
(3) the words described in subsection (a)(4) of this section, or any
combination or simulation of those words tending to cause confusion or
mistake, to deceive, or to falsely suggest a connection with the corpora-
tion or any Olympic activity; or
(4) any trademark, trade name, sign, symbol, or insignia falsely rep-
resenting association with, or authorization by, the International Olym-
pic Committee or the corporation.
(d) PRE-EXISTING RIGHTS.—(1) A person who actually used the emblem
described in subsection (a)(3) of this section, or the words or any combination
of the words described in subsection (a)(4) of this section, for any lawful pur-
pose before September 21, 1950, is not prohibited by this section from continu-
ing the lawful use for the same purpose and for the same goods or services.
250
(2) A person who actually used, or whose assignor actually used, the words
or any combination of the words described in subsection (a)(4) of this section,
or a trademark, trade name, sign, symbol, or insignia described in subsection
(c)(4) of this section, for any lawful purpose before September 21, 1950, is
not prohibited by this section from continuing the lawful use for the same
purpose and for the same goods or services.
§ 220507. Restrictions
(a) PROFIT AND STOCK.—The corporation may not engage in business for
profit or issue stock.
(b) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical and may
not promote the candidacy of an individual seeking public office.
§ 220508. Headquarters, principal office, and meetings
The corporation shall maintain its principal office and national head-
quarters in a place in the United States decided by the corporation. The cor-
poration may hold its annual and special meetings in the places decided by
the corporation.
§ 220509. Resolution of disputes
The corporation shall establish and maintain provisions in its constitution
and bylaws for the swift and equitable resolution of disputes involving any
of its members and relating to the opportunity of an amateur athlete, coach,
trainer, manager, administrator, or official to participate in the Olympic
Games, the Pan-American Games, world championship competition, or other
protected competition as defined in the constitution and bylaws of the cor-
poration.
§ 220510. Service of process
As a condition to the exercise of any power or privilege granted by this
chapter, the corporation shall file, with the secretary of state or other des-
ignated official of each State, the name and address of an agent in that State
on whom legal process or demands against the corporation may be served.
§ 220511. Annual report
(a) SUBMISSION TO PRESIDENT AND CONGRESS.—Not later than June 1
of each year, the corporation shall submit simultaneously to the President and
to each House of Congress a detailed report of its operations during the prior
calendar year, including—
(1) a complete statement of the corporation’s receipts and expendi-
tures; and
(2) a comprehensive description of the activities and accomplishments
of the corporation during the prior year.
(b) AVAILABILITY TO PUBLIC.—The corporation shall make copies of the re-
port available to interested persons at a reasonable cost.
251
SUBCHAPTER II—NATIONAL GOVERNING BODIES
§ 220521. Recognition of amateur sports organizations as na-
tional governing bodies
(a) GENERAL AUTHORITY.—For any sport that is included on the program
of the Olympic Games or the Pan-American Games, the corporation may rec-
ognize as a national governing body an amateur sports organization that files
an application and is eligible under section 220522 of this title. The corpora-
tion may recognize only one national governing body for each sport for which
an application is made and approved.
(b) PUBLIC HEARING.—Before recognizing an organization as a national
governing body, the corporation shall hold a public hearing on the applica-
tion. 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, before the
date of the hearing.
(c) RECOMMENDATION TO INTERNATIONAL SPORTS FEDERATION.—Within
61 days after recognizing an organization as a national governing body, the
corporation shall recommend and support in any appropriate manner the na-
tional governing body to the appropriate international sports federation as
the representative of the United States for that sport.
(d) REVIEW OF RECOGNITION.—The corporation may review all matters re-
lated to the continued recognition of an organization as a national governing
body and may take action it considers appropriate, including placing condi-
tions on the continued recognition.
§ 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 appro-
priate by the corporation;
(4) agrees to submit, on demand by the corporation, to binding arbi-
tration conducted in accordance with the commercial rules of the Amer-
ican Arbitration Association in any controversy involving—
252
(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, man-
ager, 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 gov-
ernance;
(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 inter-
national 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, train-
ers, 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 oppor-
tunity 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 ori-
gin, or sex, except that, in sports where there are separate male and fe-
male 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 rep-
resented the United States in international amateur athletic
competition in the sport for which recognition is sought; and
253
(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 direc-
tors 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 ama-
teur sports organization in relation to all other programs and com-
petitions 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.
§ 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 appropriate international sports
federation;
(2) establish national goals and encourage the attainment of those
goals;
(3) serve as the coordinating body for amateur athletic activity in the
United States;
(4) exercise jurisdiction over international amateur athletic activities
and sanction international amateur athletic competition held in the
United States and sanction the sponsorship of international amateur
athletic competition held outside the United States;
(5) conduct amateur athletic competition, including national cham-
pionships, and international amateur athletic competition in the United
States, and establish procedures for determining eligibility standards for
254
participation in competition, except for amateur athletic competition
specified in section 220526 of this title;
(6) recommend to the corporation individuals and teams to represent
the United States in the Olympic Games and the Pan-American Games;
and
(7) designate individuals and teams to represent the United States in
international amateur athletic competition (other than the Olympic
Games and the Pan-American Games) and certify, in accordance with
applicable international rules, the amateur eligibility of those individ-
uals and teams.
(b) REPLACEMENT OF NATIONAL GOVERNING BODY PURSUANT TO ARBI-
TRATION.—A national governing body may not exercise any authority under
subsection (a) of this section for a particular sport after another amateur
sports organization has been declared (in accordance with binding arbitration
proceedings prescribed by the organic documents of the corporation) entitled
to replace that national governing body as the member of the corporation for
that sport.
§ 220524. General duties of national governing bodies
For the sport that it governs, a national governing body shall—
(1) develop interest and participation throughout the United States
and be responsible to the persons and amateur sports organizations it
represents;
(2) minimize, through coordination with other amateur sports organi-
zations, conflicts in the scheduling 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) allow an amateur athlete to compete in any international amateur
athletic competition conducted by any amateur sports organization or
person, unless the national governing body establishes that its denial is
based on evidence that the organization or person conducting the com-
petition does not meet the requirements stated in section 220525 of this
title;
(5) provide equitable support and encouragement for participation by
women where separate programs for male and female athletes are con-
ducted on a national basis;
(6) encourage and support amateur athletic sports programs for indi-
viduals with disabilities and the participation of individuals with dis-
abilities in amateur athletic activity, including, where feasible, the ex-
pansion of opportunities for meaningful participation by individuals
with disabilities in programs of athletic competition for able-bodied indi-
viduals;
255
(7) provide and coordinate technical information on physical training,
equipment design, coaching, and performance analysis; and
(8) encourage and support research, development, and dissemination
of information in the areas of sports medicine and sports safety.
§ 220525. Granting sanctions for amateur athletic competi-
tions
(a) PROMPT REVIEW AND DECISION.—For the sport that it governs, a na-
tional governing body promptly shall—
(1) review a request by an amateur sports organization or person for
a sanction to hold an international amateur athletic competition in the
United States or to sponsor United States amateur athletes to compete
in international amateur athletic competition outside the United States;
and
(2) grant the sanction if—
(A) the national governing body does not decide by clear and con-
vincing evidence that holding or sponsoring an international ama-
teur athletic competition would be detrimental to the best interest
of the sport; and
(B) the requirements of subsection (b) of this section are met.
(b) REQUIREMENTS.—An amateur sports organization or person may be
granted a sanction under this section only if the organization or person meets
the following requirements:
(1) The organization or person must pay the national governing body
any required sanctioning fee, if the fee is reasonable and nondiscrim-
inatory.
(2) For a sanction to hold an international amateur athletic competi-
tion in the United States, the organization or person must—
(A) submit to the national governing body an audited or nota-
rized financial report of similar events, if any, conducted by the or-
ganization or person; and
(B) demonstrate that the requirements of paragraph (4) of this
subsection have been met.
(3) For a sanction to sponsor United States amateur athletes to com-
pete in international amateur athletic competition outside the United
States, the organization or person must—
(A) submit a report of the most recent trip to a foreign country,
if any, that the organization or person sponsored for the purpose
of having United States amateur athletes compete in international
amateur athletic competition; and
256
(B) submit a letter from the appropriate entity that will hold the
international amateur athletic competition certifying that the re-
quirements of paragraph (4) of this subsection have been met.
(4) The requirements referred to in paragraphs (2) and (3) of this sub-
section are that—
(A) appropriate measures have been taken to protect the amateur
status of athletes who will take part in the competition and to pro-
tect their eligibility to compete in amateur athletic competition;
(B) appropriate provision has been made for validation of any
records established during the competition;
(C) due regard has been given to any international amateur ath-
letic requirements specifically applicable to the competition;
(D) the competition will be conducted by qualified officials;
(E) proper medical supervision will be provided for athletes who
will participate in the competition; and
(F) proper safety precautions have been taken to protect the per-
sonal welfare of the athletes and spectators at the competition.
§ 220526. Restricted amateur athletic competitions
(a) EXCLUSIVE JURISDICTION.—An amateur sports organization that con-
ducts amateur athletic competition shall have exclusive jurisdiction over that
competition if participation is restricted to a specific class of amateur ath-
letes, such as high school students, college students, members of the Armed
Forces, or similar groups or categories.
(b) SANCTIONS FOR INTERNATIONAL COMPETITION.—An amateur sports or-
ganization under subsection (a) of this section shall obtain a sanction from
the appropriate national governing body if the organization wishes to—
(1) conduct international amateur athletic competition in the United
States; or
(2) sponsor international amateur athletic competition to be held out-
side the United States.
§ 220527. Complaints against national governing bodies
(a) GENERAL.—(1) An amateur sports organization or person that belongs
to or is eligible to belong to a national governing body may seek to compel
the national governing body to comply with sections 220522, 220524, and
220525 of this title by filing a written complaint with the corporation. A
copy of the complaint shall be served on the national governing body.
(2) The corporation shall establish procedures for the filing and disposition
of complaints under this section.
(b) EXHAUSTION OF REMEDIES.—(1) An organization or person may file
a complaint under subsection (a) of this section only after exhausting all
available remedies within the national governing body for correcting defi-
257
ciencies, unless it can be shown by clear and convincing evidence that those
remedies would have resulted in unnecessary delay.
(2) Within 30 days after a complaint is filed, the corporation shall decide
whether the organization or person has exhausted all available remedies as
required by paragraph (1) of this subsection. If the corporation determines
that the remedies have not been exhausted, it may direct that the remedies
be pursued before the corporation considers the complaint further.
(c) HEARINGS.—If the corporation decides that all available remedies have
been exhausted as required by subsection (b)(1) of this section, it shall hold
a hearing, within 90 days after the complaint is filed, to receive testimony
to decide whether the national governing body is complying with sections
220522, 220524, and 220525 of this title.
(d) DISPOSITION OF COMPLAINT.—(1) If the corporation decides, as a re-
sult of the hearing, that the national governing body is complying with sec-
tions 220522, 220524, and 220525 of this title, it shall so notify the complain-
ant and the national governing body.
(2) If the corporation decides, as a result of the hearing, that the national
governing body is not complying with sections 220522, 220524, and 220525
of this title, it shall—
(A) place the national governing body on probation for a specified pe-
riod of time, not to exceed 180 days, which the corporation considers nec-
essary to enable the national governing body to comply with those sec-
tions; or
(B) revoke the recognition of the national governing body.
(3) If the corporation places a national governing body on probation under
paragraph (2) of this subsection, it may extend the probationary period if
the national governing body has proven by clear and convincing evidence
that, through no fault of its own, it needs additional time to comply with
sections 220522, 220524, and 220525 of this title. If, at the end of the period
allowed by the corporation, the national governing body has not complied
with those sections, the corporation shall revoke the recognition of the national
governing body.
§ 220528. Applications to replace an incumbent national gov-
erning body
(a) GENERAL.—An amateur sports organization may seek to replace an in-
cumbent as the national governing body for a particular sport by filing a
written application for recognition with the corporation.
(b) ESTABLISHMENT
OF PROCEDURES.—The corporation shall establish
procedures for the filing and disposition of applications under this section.
If 2 or more organizations file applications for the same sport, the applica-
tions shall be considered in a single proceeding.
258
(c) FILING PROCEDURES.—(1) An application under this section must be
filed within one year after the final day of—
(A) any Olympic Games, for a sport in which competition is held in
the Olympic Games or both the Olympic and Pan-American Games; or
(B) any Pan-American Games, for a sport in which competition is
held in the Pan-American Games but not in the Olympic Games.
(2) The application shall be filed with the corporation by registered mail,
and a copy of the application shall be served on the national governing body.
The corporation shall inform the applicant that its application has been re-
ceived.
(d) HEARINGS.—Within 180 days after receipt of an application filed
under this section, the corporation shall conduct a formal hearing to deter-
mine the merits of the application. The corporation shall publish notice of
the time and place of the hearing in a regular issue of its principal publica-
tion at least 30 days, but not more than 60 days, before the date of the hear-
ing. In the hearing, the applicant and the national governing body shall be
given a reasonable opportunity to present evidence supporting their positions.
(e) STANDARDS FOR GRANTING APPLICATIONS.—In the hearing, the appli-
cant must establish by a preponderance of the evidence that—
(1) it meets the criteria for recognition as a national governing body
under section 220522 of this title; and
(2)(A) the national governing body does not meet the criteria of section
220522, 220524, or 220525 of this title; or
(B) the applicant more adequately meets the criteria of section 220522
of this title, is capable of more adequately meeting the criteria of sections
220524 and 220525 of this title, and provides or is capable of providing
a more effective national program of competition than the national gov-
erning body in the sport for which it seeks recognition.
(f) DISPOSITION OF APPLICATIONS.—Within 30 days after the close of the
hearing required by this section, the corporation shall—
(1) uphold the right of the national governing body to continue as the
national governing body for its sport;
(2) revoke the recognition of the national governing body and declare
a vacancy in the national governing body for that sport;
(3) revoke the recognition of the national governing body and recognize
the applicant as the national governing body; or
(4) place the national governing body on probation for a period not
exceeding 180 days, pending the compliance of the national governing
body, if the national governing body would have retained recognition ex-
cept for a minor deficiency in one of the requirements of section 220522,
220524, or 220525 of this title.
259
(g) REVOCATION OF RECOGNITION AFTER PROBATION.—If the national
governing body does not comply with sections 220522, 220524, and 220525
of this title within the probationary period prescribed under subsection (f)(4)
of this section, the corporation shall revoke the recognition of the national gov-
erning body and either—
(1) recognize the applicant as the national governing body; or
(2) declare a vacancy in the national governing body for that sport.
§ 220529. Arbitration of corporation determinations
(a) RIGHT TO REVIEW.—A party aggrieved by a determination of the cor-
poration under section 220527 or 220528 of this title may obtain review by
any regional office of the American Arbitration Association.
(b) PROCEDURE.—(1) A demand for arbitration must be submitted within
30 days after the determination of the corporation.
(2) On receipt of a demand for arbitration, the Association shall serve no-
tice on the parties to the arbitration and on the corporation, and shall imme-
diately proceed with arbitration according to the commercial rules of the As-
sociation in effect at the time the demand is filed, except that—
(A) the arbitration panel shall consist of at least 3 arbitrators, unless
the parties to the proceeding agree to a lesser number;
(B) the arbitration hearing shall take place at a site selected by the
Association, unless the parties to the proceeding agree to the use of an-
other site; and
(C) the arbitration hearing shall be open to the public.
(3) A decision by the arbitrators shall be by majority vote unless the con-
currence of all arbitrators is expressly required by the contesting parties.
(4) Each party may be represented by counsel or by any other authorized
representative at the arbitration proceeding.
(5) The parties may offer any evidence they desire and shall produce any
additional evidence the arbitrators believe is necessary to an understanding
and determination of the dispute. The arbitrators shall be the sole judges of
the relevancy and materiality of the evidence offered. Conformity to legal rules
of evidence is not necessary.
(c) SETTLEMENT.—The arbitrators may settle a dispute arising under this
chapter before making a final award, if agreed to by the parties and achieved
in a manner not inconsistent with the constitution and bylaws of the corpora-
tion.
(d) BINDING NATURE OF DECISION.—Final decision of the arbitrators is
binding on the parties if the award is not inconsistent with the constitution
and bylaws of the corporation.
260
(e) REOPENING HEARINGS.—(1) At any time before a final decision is
made, the hearings may be reopened by the arbitrators on their own motion
or on the motion of a party.
(2) If the reopening is based on the motion of a party, and if the reopening
would result in the arbitrators’ decision being delayed beyond the specific pe-
riod agreed to at the beginning of the arbitration proceedings, all parties to
the decision must agree to reopen the hearings.
CHAPTER 2207—UNITED STATES SUBMARINE VETERANS
OF WORLD WAR II
Sec.
220701.
Definition.
220702.
Organization.
220703.
Purposes.
220704.
Membership.
220705.
Governing body.
220706.
Powers.
220707.
Restrictions.
220708.
Duty to maintain tax-exempt status.
220709.
Records and inspection.
220710.
Service of process.
220711.
Liability for acts of officers and agents.
220712.
Annual report.
§ 220701. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 220702. Organization
(a) FEDERAL CHARTER.—United States Submarine Veterans of World War
II (in this chapter, the ‘‘corporation’’), a nonprofit corporation incorporated
in New Jersey and Colorado, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 220703. Purposes
The purposes of the corporation are as provided in its articles of incorpora-
tion and include—
(1) preserving and promoting patriotism and loyalty to the United
States of America;
(2) perpetuating and establishing memorials to the memory of ship-
mates who served aboard United States submarines and gave their lives
in submarine warfare during World War II;
(3) promoting the spirit and unity that existed among the United
States Navy submarine crewmen during World War II;
(4) fostering general public awareness of life aboard submarines dur-
ing World War II, through securing, restoring, and displaying the sub-
marines that were in service at that time;
(5) sponsoring annual college scholarships; and
261
(6) performing acts of charity as provided in the constitution and by-
laws of the corporation.
§ 220704. Membership
Except as provided in this chapter, eligibility for membership in the cor-
poration and the rights and privileges of members are as provided in the con-
stitution and bylaws of the corporation.
§ 220705. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
§ 220706. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 220707. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, or member during the life of the charter granted by this chapter. This
subsection does not prevent the payment of reasonable compensation to an of-
ficer or reimbursement for actual necessary expenses in amounts approved by
the board of directors.
(d) LOANS.—The corporation may not make a loan to a director, officer,
or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The corporation
may not claim congressional approval or the authority of the United States
Government for any of its activities.
§ 220708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 220709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
262
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 220710. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 220711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 220712. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 2301—VETERANS OF FOREIGN WARS OF THE
UNITED STATES
Sec.
230101.
Organization.
230102.
Purposes.
230103.
Membership.
230104.
Powers.
230105.
Exclusive right to name, seal, emblems, and badges.
230106.
Service of process.
230107.
Annual report.
§ 230101. Organization
(a) FEDERAL CHARTER.—Veterans of Foreign Wars of the United States
(in this chapter, the ‘‘corporation’’), a national association of men who as
soldiers, sailors, marines, and airmen served this Nation in wars, campaigns,
and expeditions on foreign soil or in hostile waters, is a federally chartered
corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 230102. Purposes
The purposes of the corporation are fraternal, patriotic, historical, and edu-
cational, and are—
(1) to preserve and strengthen comradeship among its members;
(2) to assist worthy comrades;
(3) to perpetuate the memory and history of our dead, and to assist
their widows and orphans;
(4) to maintain true allegiance to the Government of the United
States, and fidelity to its Constitution and laws;
(5) to foster true patriotism;