Amateur Sports Act
PL 95-606 (S.2727), enacted 11/08/1978

PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3045 
Public Law 95-606 
95th Congress 
An Act 
To promote and coordinate amateur athletic activity in the United States, to 
recognize certain rights for United States amateur athletes, to provide for the 
resolution of disputes involving national governing bodies, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatwes of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Amateur Sports Act of 1978". 
OLYMPIC COMMITTEE REORGANIZATION 
SECTION 1. (a) The Act entitled "An Act to incorporate the United 
States Olympic Association", approved September 21,1950 (36 U.S.C. 
371 et seq.), hereinafter in this Act referred to as "the Act", is amended 
in the first section— 
(1) by striking out "That the following persons, to wit:" and 
inserting in lieu thereof the following: 
"TITLE I—CORPORATION 
"SEC. 101. The following persons, to wit:"; 
(2) in the first sentence by striking out "corporation" before 
the period and inserting in lieu thereof "Corporation"; and 
(3) by amending the last sentence thereof to read as follows: 
"The Corporation shall maintain its principal offices and national 
headquarters in such place in the United States as is determined 
by the Corporation, and may hold its annual and special meetings 
in such places as the Corporation shall determine.". 
(b) The Act is further amended by striking out sections 2 through 
12 and inserting in lieu thereof the following: 
"SEC. 102. A majority of the persons named in section 101 of this 
Act, or their successors, are hereby authorized to meet to complete the 
organization of the Corporation by the adoption of a constitution and 
bylaws, the election of officers, and by doing all things necessary to 
carry into effect the provisions of this Act. 
"SEC. 103. As used in this Act, the term— 
"(1) 'amateur athlete' means any athlete who meets the eligi-
bility standards established by the national governing body wr 
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 corpo-
ration, club, federation, union, association, or other group orga-
nized in the United States which sponsors or arranges any amateur 
athletic competition; 
"(4) 
'Corporation' 
means the 
United 
States 
Olympic 
Committee; 
"(5) 'international amateur athletic competition' means any 
amateur athletic competition between any athlete or athletes repre-
Nov. 8,1978 
[S. 2727] 
Amateur Spoils 
Act of 1978. 
36 use 371 note. 
36 use 371. 
36 use 
372-382. 
36 use 372. 
Definitions. 
36 use 373. 
92 STAT. 3046 
PUBLIC LAW 95-606—NOV. 8, 1978 
Objects and 
purposes. 
36 use 374. 
senting the United States, either individually or as part of a team, 
and any athletic or athletes representing any foreign country; 
" (6) 'national governing body' means an amateur sports organi-
zation which is recognized by the Corporation in accordance with 
section 201 of this Act; and 
"(7) 'sanction' means a certificate of approval issued by a 
national governing body. 
"SEC. 104. The objects and purposes of the Corporation shall be to— 
"(1) establish national goals for amateur athletic activities and 
encourage the attainment of those goals; 
"(2) coordinate and develop amateur athletic activity in the 
United States directly relating to international amateur athletic 
competition, so as to foster productive w^orking relationships 
among sports-related organizations; 
"(3) exercise exclusive jurisdiction, either directly or through 
its constituent members or committees, over all matters pertain-
ing to the participation of the United States in the Olympic 
Games and in the Pan-American Games, including the representa-
tion of the United States in such games, and over the organization 
of the Olympic Games and the Pan-American Games when held 
in the United States; 
"(4) obtain for the United States, either directly or by delega-
tion to the appropriate national governing body, the most com-
petent amateur representation possible in each competition and 
event of the Olympic Games and of the Pan-American Games; 
"(5) promote and support amateur athletic activities involving 
the United States and foreign nations; 
"(6) promote and encourage physical fitness and public partici-
pation in amateur athletic activities; 
"(7) assist organizations and persons concerned with sports in 
the development of amateur athletic programs for amateur 
athletes; 
"(8) provide for the swift resolution of conflicts and disputes 
involving amateur athletes, national governing bodies, and ama-
teur sports organizations, and protect the opportunity of any 
amateur athlete, coach, trainer, manager, administrator, or official 
to participate in amateur athletic competition; 
"(9) 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) provide and coordinate technical information on physical 
training, equipment design, coaching, and performance analysis; 
"(11) encourage and support research, development, and dis-
semination of information in the areas of sports medicine and 
sports safety; 
"(12) encourage and provide assistance to amateur athletic 
activities for women; 
"(13) encourage and provide assistance to amateur athletic pro-
grams and competition for handicapped individuals, including, 
where feasible, the expansion of opportunities for meaningful par-
ticipation by handicapped individuals in programs of athletic 
competition for able-bodied individuals; and 
"(14) encourage and provide assistance to amateur athletes of 
racial and ethnic minorities for the purpose of eliciting the par-
ticipation of such minorities in amateur athletic activities in which 
they are underrepresented. 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3047 
"SEC. 105. (a) The Corporation shall have perpetual succession and 36 U
S
C 375. 
power to— 
" (1) serve as the coordinating body for amateur athletic activity 
in the United States directly relating to international amateur 
athletic competition; 
"(2) represent the United States as its national Olympic com-
mittee in relations with the International Olympic Committee and 
the Pan-American 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, either 
directly or by delegation to the appropriate national governing 
body, amateur representation for such games; 
"(4) recognize eligible amateur sports organizations as national 
governing bodies for any sport which is included on the prograin 
of the Olympic Games or the Pan-American Games; 
"(5) facilitate, through orderly and effective administrative 
procedures, the resolution of conflicts or disputes which involve 
any of its members and any amateur athlete, coach, trainer, man-
ager, administrator, official, national governing body, or amateur 
sports organization and which arise in connection with their eligi-
bility 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; 
" (6) sue and be sued; 
"(7) make contracts; 
"(8) acquire, hold, and dispose of real and personal property 
as may be necessary for its corporate purposes; 
"(9) accept gifts, legacies, and devices in furtherance of its 
> 
corporate purposes; 
"(10) borrow money to carry out its corporate purposes, issue 
: vs. 
notes, bonds, or other evidences of indebtedness therefor, and 
secure the same by mortgage, subject in each case to the laws of the 
United States or of any State; 
"(11) provide financial assistance to any organization or asso-
ciation, other than a corporation organized for profit, in further- 
• . 
ance of the purposes of the Corporation; 
" (12) approve and revoke membership in the Corporation; 
"(13) adopt and alter a corporate seal; 
"(14) establish and maintain offices for the conduct of the 
affairs of the Corporation; 
" (15) publish a newspaper, magazine, or other publication con-
sistent with its corporate purposes; and 
"(16) do any and all acts and things necessary and proper to 
carry out the purposes of the Corporation. 
"(b) The Corporation shall adopt and may amend a constitution 
and bylaws not inconsistent with the laws of the United States or of 
any State, except that the Corporation may amend its constitution 
only if it— 
"(1) publishes in its principal publication a general notice of 
the proposed alteration of the constitution, including the substan-
tive terms of the alteration, the time and place of the Corpora-
tion's regular meeting at which the alteration is to be decided, and 
! 
a provision informing interested persons that they may submit 
materials as authorized in paragraph (2); and 
92 STAT. 3048 
PUBLIC LAW 95-606—NOV. 8, 1978 
"(2) gives to all interested persons, prior to the adoption of 
any amendment, an opportunity to submit written data, views, or 
arguments concerning the proposed amendment for a period of 
at least 60 days after the date of publication of the notice. 
36 use 376. 
"SEC. 106. (a) Eligibility for membership in the Corporation shall 
be determined in accordance with the constitution and bylaws of the 
Corporation. 
"(b) In its constitution and bylaws, the Corporation shall establish 
and maintain provisions with respect to its governance and the conduct 
of its affairs for reasonable representation of— 
"(1) amateur sports organizations recognized as national gov-
erning bodies in accordance with section 201 of this Act; 
"(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 which conduct a national 
program or regular national amateur athletic competition in two 
or more sports which 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. 
36 use 377. 
"SEC. 107. The Corporation shall be nonpolitical and, as an organi-
zation, shall not promote the candidacy of any person seeking public 
office. 
36 use 378. 
"SEC. 108. The Corporation shall have no power to issue capital stock 
or to engage in business for pecuniary profit or gain. 
36 use 379. 
"SEC. 109. The Corporation may acquire any or all of the assets of 
the existing unincorporated association, known as 'The United States 
Olympic Association', upon discharging or satisfactorily providing 
for the payment and discharge of all the liabilities of such unincor-
porated association. 
36 use 380. 
"SEC. 110. (a) Without the consent of the Corporation, any person 
who uses for the purpose of trade, to induce the sale of any goods or 
services, or to promote any theatrical exhibition, athletic performance, 
or competition— 
"(1) the symbol of the International Olympic Committee, con-
sisting of 5 interlocking rings; 
" (2) 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; 
"(3) any trademark, trade name, sign, symbol, or insignia 
falsely representing association with, or authorization by, the 
International Olympic Committee or the Corporation; or 
"(4) the words 'Olympic', 'Olympiad', 'Citius Altius Fortius', 
or any combination or simulation thereof tending to cause con-
fusion, to cause mistake, to deceive, or to falsely suggest a con-
nection with the Corporation or any Olympic activity; 
shall be subject to suit in a civil action by the Corporation for the 
remedies provided in the Act of July 5,1946 (60 Stat. 427; popularly 
15 use 1051 
known as the Trademark Act of 1946). However, any person who 
note. 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3049 
actually used the emblem in subsection (a) (2), or the words, or any 
combination thereof, in subsection (a) (4) for any lawful purpose 
prior to September 21, 1950, shall not be prohibited by this section 
from continuing such lawful use for the same purpose and for the 
same goods or services. In addition, any person who actually used, 
or whose assignor actually used, any other trademark, trade name, 
sign, symbol, or insignia described in subsections (a) (3) and (4) for 
any lawful purpose prior to enactment of this Act shall not be pro-
hibited by this section from continuing such lawful use for the same 
purpose and for the same goods or services. 
"(b) The Corporation may authorize contributors and suppliers of 
goods or services to use the trade name of the Corporation as well 
as any trademark, symbol, insignia, or emblem of the International 
Olympic Committee or of the Corporation in advertising that the con-
tributions, goods, or services were donated, supplied, or furnished to 
or for the use of, approved, selected, or used by the Corporation or 
United States Olympic or Pan-American team or team members. 
"(c) The Corporation shall have exclusive right to use the name 
'United States Olympic Committee'; the symbol described in subsec-
tion (a)(1); the emblem described in subsection (a)(2); and the 
words 'Olympic', 'Olympiad', 'Citius Altius Fortius' or any combina-
tion thereof subject to the preexisting rights described in subsection 
"SEC. 111. As a condition precedent to the exercise of any power or 
privilege granted or conferred under this Act, the Corporation shall 
file in the office of the secretary of state, or similar office, in each State 
the name and post-office address of an authorized agent of the Corpo-
ration in such State upon whom local process or demands against the 
Corporation may be served. 
"SEC. 112. The right to alter, amend, or repeal this Act at any time 
is hereby expressly reserved. 
"SEC. 113. (a) The Corporation shall, on or before the first day of 
June in each year, transmit simultaneously to the President and to 
each House of Congress a detailed report of its operations for the 
preceding calendar year, including a full and complete statement of its 
receipts and expenditures and a comprehensive description of the 
activities and accomplishments of the Corporation during the preced-
ing year. Copies of the report shall be made available by the Corpo-
ration to interested persons at a reasonable cost. 
"(b) The Corporation shall, on or before the first day of June in 
each year, transmit simultaneously to the Speaker of the House of 
Kepresentatives and to the President of the Senate a detailed report 
of those grants authorized to the Corporation pursuant to the pro-
visions of section 211 of the Act and a full and complete statement of 
the expenditures of such funds made available. The report shall be 
referred to the Committee on Appropriations of each House and shall 
include a detailed and comprehensive description of those programs 
which the Corporation anticipate it will finance during the next fiscal 
year out of such funds made available pursuant to the provisions of 
section 211 of the Act. The Corporation shall continue to transmit the 
report required under this subsection (b) until the total sums made 
available under section 211 of the Act have been expended. 
"SEC. 114. In its constitution and bylaws, the Corporation shall 
establish and maintain provisions for the swift and equitable resolu-
tion of disputes involvmg any of its members and relating to the 
36 u s e 381. 
36 u s e 382. 
Reports to 
President and 
eongress. 
36 u s e 382a. 
Reports to 
Speaker of House 
and President of 
Senate. 
36 u s e 382b, 
:!!( 1!)1 ()—K()--|)t. :i 
(}i;i 
92 STAT. 3050 
PUBLIC LAW 95-606—NOV. 8, 1978 
opportunity of an amateur athlete, coach, trainer, manager, adminis-
trator, or oflEicial to participate in the Olympic Games, the Pan-
American Games, world championship competition, or other such pro-
tected 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 use 391. 
"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 pro-
cedures and requirements of this section, the Corporation shall hold a 
hearing open to the public on the application for such recognition. 
Notice. 
The Corporation shall publish notice of the time, place, and nature of 
the hearing. Publication shall be made in a regular issue of the Corpo-
ration'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 capabil-
ity 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 pro-
vided 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 
VI 
matters central to such governance, does not delegate such deter-
mination and control, and is free from outside restraint, and 
demonstrates that it is a member of no more than one interna-
tional sports federation which governs a sport included on the 
program of the Olympic Games or the Pan-American Games; 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3051 
"(5) demonstrates that its membership is open to any indi-
vidual who is an amateur athlete, coach, trainer, manager, admin-
istrator, or official active in the sport for which recognition is 
sought, or to any amateur sports organization which conducts 
programs in the sport for which recognition is sought, or to both; 
" (6) 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, age, sex, or national origin, and with fair 
notice and opportunity for a hearing to any amateur athlete, 
coach, trainer, manager, administrator, or official before declaring 
such individual ineligible to participate; 
"(7) is governed by a board of directors or other such govern-
ing 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 rea-
sonable representation of both males and females on such board of 
directors or other such governing board; 
"(8) demonstrates that its board of directors or other such 
governing board includes among its 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 in the 
sport for which recognition is sought within the preceding 10 
years, and that the membership and voting power held by such 
individuals is not less than 20 percent of such membership and 
voting power held in that board of directors or other such govern-
ing board; 
"(9) provides for reasonable direct representation on its board 
of directors or other such governing board for any amateur 
sports organization which, in the sport for which recognition is 
sought, conducts, on a level of proficiency appropriate for the 
selection of amateur athletes to represent the United States in 
international amateur athletic competition, a national program or 
regular national amateur athletic competition, and ensures that 
such representation shall reflect the nature, scope, quality, and 
strength of the programs and competitions of such amateur sports 
organization in relation to all other such programs and competi-
tions in such sport in the United States; 
"(10) demonstrates that none of its officers are also officers of 
any other amateur sports organization which is recognized as a 
national governing body; 
"(11) provides procedures for the prompt and equitable resolu-
tion of grievances of its members; 
"(12) does not have eligibility criteria relating to amateur 
status which are more restrictive than those of the appropriate 
international sports federation; and 
"(13) demonstrates, if it is an amateur sports organization 
seeking recognition as a national governing body, that it is pre-
pared to meet the obligations imposed on a national governing 
body under section 202 of this Act. 
"(c) (i) Except as provided in paragraph (2), any amateur sports 
organization which on the date of enactment of this title is recognized 
by the Corporation to represent a particular sport shall be considered 
to be the national governing body for that sport. Such an organization 
92 STAT. 3052 
PUBLIC LAW 95-606—NOV. 8, 1978 
is exempt for a period of 2 years from the date of enactment of this 
title from meeting the requirements of subsection (b) of this section, 
and during the 2-year period shall take the necessary actions to meet 
such requirements if it desires to retain its recognition. After the expi-
ration of the 2-.year period, such an organization shall continue as the 
national governing body for that sport unless the Corporation deter-
mines that such organization is not in compliance with the require-
ments of subsection (b) of this section, in which event the Corporation 
shall— 
" TA) suspend the recognition of such national governing body; 
"(B) revoke the recognition of such national governing body; 
or 
"(C) extend the 2-year period for not longer than 1 year, 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 such requirements. 
If, at the end of the extension period referred to in subparagraph (C) 
of this paragraph, the national governing body has not complied with 
such requirements, the Corporation shall revoke the recognition of 
such national governing body. Any such national governing body 
aggrieved by the Corporation's determination under this subsection 
may submit a demand for arbitration in accordance with section 205 
(c) of this title. 
"(2) ^Notwithstanding the provisions of paragraph (1), the Cor-
poration may suspend or revoke the recognition of a national govern-
ing body during the 2-year period if such suspension or revocation is 
for the same reason as the Corporation could have revoked or sus-
pended such national governing body prior to the date of the enactment 
of this title. 
"(d) Within 61 days after recognizing an amateur sports organiza-
tion as a national governing body, in accordance with subsection (a) 
of this section, the Corporation shall recommend and support in any 
appropriate manner such national governing body to the appropriate 
international sports federation as the representative of the United 
States for that sport. 
36 use 392. 
"SEC. 202. (a) For the sport which it governs, a national governing 
body is under duty to— 
"(1) develop interest and participation throughout the United 
States and be responsible to the persons and amateur sports orga-
nizations it represents; 
"(2) minimize, through coordination with other amateur sports 
organizations, conflicts in the scheduling of all practices and 
competitions; 
"(3) keep amateur athletes informed of policy matters and rea-
sonably reflect the views of such athletes in its policy decisions; 
"(4) promptly review every request submitted by an amateur 
sports organization or person for a sanction (A) to hold an inter-
national amateur athletic competition in the United States; or 
(B) to sponsor United States amateur athletes to compete in 
international amateur athletic competition held outside the United 
States, and determine whether to grant such sanction, in accord-
ance with the provisions of subsection (b) of this section; 
"(5) allow an amateur athlete to compete in any international 
amateur athletic competition conducted under its auspices or that 
of any other amateur sports organization or person, unless it 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3053 
establishes that its denial was based on evidence that the organiza-
tion or person conducting the competition did not meet the 
requirements stated in subsection (b) of this section; 
"(6) provide equitable support and encouragement for partici-
pation by women where separate programs for male and female 
athletes are conducted on a national basis; 
" (7) encourage and support amateur athletic sports programs 
for handicapped individuals and the participation of handicapped 
individuals in amateur athletic activity, including, where feasible, 
the expansion of opportunities for meaningful participation by 
handicapped individuals in programs of athletic competition for 
able-bodied individuals; 
"(8) provide and coordinate technical information on physical ~ 
training, equipment design, coaching, and performance analysis; 
and 
"(9) encourage and support research, development, and dis-
semination of information in the areas of sports medicine and 
sports safety. 
"(b) As a result of its review under subsection (a) (4) of this sec-
tion, if a national governing body does not determine by clear and 
convincing evidence that holding or sponsoring an international 
amateur athletic competition would be detrimental to the best interest 
of the sport, the national governing body shall promptly grant to an 
amateur sports organization or person a sanction to— 
"(1) hold an international amateur athletic competition in the 
-_^ 
LTnited States, if. such amateur sports organization or person— 
"(A) pays to the national governing body any required 
sanctioning fee, if such fee is reasonable and nondiscrimina-
tory; 
"(B) demonstrates that— 
"(i) appropriate measures have been taken to protect 
the amateur status of athletes who will take part in the 
competition and to protect their eligibility to compete in 
amateur athletic competition, 
"(ii) appropriate provision has been made for vali-
dation of records which may be established during the 
competition, 
"(lii) due regard has been given to any international 
amateur athletic requirements specifically applicable to 
the competition, 
"(iv) the competition will be conducted by qualified 
officials, 
^ 
"(v) proper medical supervision will be provided for 
athletes who will participate in the competition, and 
" (vi) proper safety precautions have been taken to pro-
tect the personal welfare of the athletes and spectators at 
the competition, and 
"(C) submits to the national governing body an audited 
or notarized financial report of similar events, if any, con-
ducted by the amateur sports organization or person; or 
"(2) sponsor United States amateur athletes to compete in 
international amateur athletic competition held outside the United 
States, if such amateur sports organization or person— 
92 STAT. 3054 
PUBLIC LAW 95-606—NOV. 8, 1978 
1 
"(-A.) pays to the national governing body any required 
sanctioning fee, if such fee is reasonable and nondiscrimina-
tory; 
"(B) submits a letter from the appropriate entity which 
will hold the international amateur athletic competition certi-
fying that— 
"(i) appropriate measures have been taken to protect 
the amateur status of athletes who will take part in the 
competition and to protect their eligibility to compete 
in amateur athletic competition, 
"(ii) appropriate provision has been made for valida-
tion of records which may be established during the 
competition, 
"(iii) due regard has been given to any international 
amateur athletic requirements specifically applicable to 
;, 
the competition, 
:'. 
"(iv) the competition will be conducted by qualified 
oflS[cials, 
"(v) proper medical supervision will be provided for 
athletes who will participate in the competition, and 
" (vi) proper safety precautions have been taken to pro-
tect the personal welfare of the athletes and spectators at 
the competition; and 
" (C) submits a report of the most recent trip, if any, to a 
foreign country which the amateur sports organization or 
person sponsored for the purpose of having United States 
amateur athletes compete in international amateur athletic 
competition. 
36 use 393. 
"SEC. 203. For the sport which it governs, a national governing body 
is authorized to— 
"(1) represent the United States in the appropriate interna-
tional 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 inter-
national amateur athletic competition held outside the United 
States; 
"(5) conduct amateur athletic competition, including national 
championships, and international amateur athletic competition 
in the United States, and establish procedures for the determina-
tion of eligibility standards for participation in such competi-
tions, except for that amateur athletic competition specified in 
section 206 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 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3055 
Review. 
36 use 394. 
Complaints. 
36 use 395. 
Filing 
procedures. 
the Olympic Games and the Pan-American Games) and certify, m 
accordance with applicable international rules, the amateur eligi-
bility of such individuals and teams. 
"SEC. 204. The Corporation may review all matters relating to the 
continued recognition of a national governing body and may take such 
action as it considers appropriate, including, but not limited to, plac-
ing conditions upon the continued recognition of the national govern-
ing body. 
"SEC. 205. (a) (1) Any amateur sports organization or person which 
belongs to or is eligible to belong to a national governing body may 
seek to compel such national governing body to comply with the 
requirements of sections 201 (b) and 202 of this title by filing a written 
complaint with the Corporation. Such organization or person may 
take such action only after having exhausted all available remedies 
within such national governing body for correcting deficiencies, unless 
it can be shown by clear and convincing evidence that those remedies 
would have resulted in unnecessary delay. The Corporation shall estab-
lish procedures for the filing and disposition of complaints received 
under this subsection. A copy of the complaint shall also be served on 
the applicable national governing body. 
"(2) Within 30 days after the filing of the complaint, the Corpora-
tion shall determine whether the organization has exhausted its 
remedies within the applicable national governing body, as provided in 
paragraph (1) of this subsection. If the Corporation determines that 
any such remedies have not been exhausted, it may direct that such 
remedies be pursued before the Corporation will further consider the 
complaint. 
"(3) (A) Within 90 days after the filing of a complaint under Hearing 
paragraph (1) of this subsection, if the Corporation determines that 
all such remedies have been exhausted, it shall hold a hearing to receive 
testimony for the purpose of determining if such national governing 
body is in compliance with the requirements of sections 201 (b) and 202 
of this title. 
"(B) If the Corporation determines, as a result of the hearings 
conducted pursuant to this subsection, that such national governing 
body is in compliance with the requirements of sections 201 (b) and 202 
of this title, it shall so notify the complainant and such national 
governing body. 
"(C) If the Corporation determines, as a result of hearings 
conducted pursuant to this subsection, that such national governing 
body is not in compliance with the requirements of sections 201 (b) and 
202 of this title, it shall— 
"(i) place such national governing body on probation for a 
specified period of time, not to exceed 180 days, which it considers 
necessary to enable such national governing body to comply with 
such requirements, or 
"(ii) revoke the recognition of such national governing body. 
"(D) If the Corporation places a national governing body on 
probation pursuant to this paragraph, it may extend the probationary 
period if the national governing body has proven by clear and con-
vincing evidence that, through no fault of its own, it needs additional 
time to comply with such requirements. If, at the end of the period 
92 STAT. 3056 
/ 
PUBLIC LAW 95-606—NOV. 8, 1978 
allowed by the Corporation, the national governing body has not 
complied with such requirements, the Corporation shall revoke the 
recognition of such national governing body. 
"(b) (1) Any amateur sports organization may seek to replace an 
incumbent as the national governing body for a particular sport by 
filing with the Corporation a written application for such recognition. 
Such application shall be filed (A) within the 1-year period after the 
final day of any Olympic Games, in the case of a sport for which 
competition is held in the Olympic Games or in both the Olympic and 
Pan-American Games; or (B) within the 1-year period after the final 
day of any Pan-American Games, in the case of a sport for which 
competition is held in the Pan-American Games and not in the 
Olympic Games. If two or more organizations file applications for the 
same sport, such applications shall be considered in a single proceeding. 
" (2) Any application filed under this subsection shall be filed with 
the Corporation by registered mail. The Corporation shall establish 
procedures for the filing and disposition of applications received under 
this subsection. A copy of any such application for recognition shall 
also be served on the applicable national governing body. The Corpo-
ration shall inform the applicant for recognition that its application 
has been received. 
Hearing. 
" (3) Within 180 days after receipt of an application filed under this 
subsection, 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 such hearing in a regular issue of its 
principal publication at least 30 days, but not more than 60 days, prior 
to the date of the hearing. In the course of such hearing, the applicant 
and the national governing body shall be given a reasonable oppor-
tunity to present evidence supporting their respective positions. 
During such hearing, the applicant amateur sports organization must 
establish by a preponderance of the evidence that it meets the criteria 
for recognition as a national governing body under section 201(b) of 
this title, and that— 
"(A) the national governing body does not meet the criteria of 
section 201 (b) or 202; or 
"(B) it more adequately meets the criteria of section 201(b), is 
capable of more adequately meeting the criteria of section 202, 
and provides or is capable of providing a more effective national 
program of competition, than the national governing body in the 
sport for which it seeks recognition. 
"(4) Within 30 days of the close of the hearing required under this 
subsection, the Corporation shall— 
"(A) uphold the right of the national governing body to 
continue as the national governing body for its sport; 
"(B) revoke the recognition of the national governing body 
and declare a vacancy in the national governing body for that 
sport; 
"(C) revoke the recognition of the national governing body and 
recognize the applicant as the national governing body; or 
"(D) decide to place the national governing body on probation 
of not to exceed 180 days, pending the compliance of the national 
governing body, if such national governmg body would have 
PUBLIC LAW 95-606—NOV. 8, 1978 
92 STAT. 3057 
retained recognition except for a minor deficiency in one of the 
requirements of section 201 (b) or 202 of this title. 
If the national governing body does not comply within the prescribed 
time period, the Corporation shall revoke the recognition of the 
national governing body and either recognize the applicant as the _ 
national governing body, or declare a vacancy in the national govern-
ing body for that sport. 
(5) Within 61 days after recognizing an amateur sports organiza-
tion as a national governing body, in accordance with this subsection, 
the Corporation shall recommend and support in any appropriate 
manner such national governing body to the appropriate international 
sports federation as the representative of the United States for that 
sport. 
" (c) (1) The right to review by any party aggrieved by a determina-
tion of the Corporation under the requirements of this section or sec-
tion 201(c) shall be to any regional office of the American Arbitration 
Association. Such demand for arbitration shall be submitted within 
30 days of the determination of the Corporation. Upon receipt of such 
a demand for arbitration, the Association shall serve notice on the 
parties to the arbitration and on the Corporation, and shall immedi-
ately proceed with arbitration according to the commercial rules of 
the Association in ejffect at the time of the filing of the demand, except 
that— 
"(A) the arbitration panel shall consist of not less than three 
arbitrators, unless the parties to the proceeding mutually 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 mutually 
agree to the use of another site; and 
"(C) the arbitration hearing shall be open to the public. 
"(2) The arbitrators in any arbitration are empowered to settle any 
dispute arising under the provisions of this Act prior to making a 
final award, if mutually agreed to by the parties to the proceeding and 
achieved in a manner not inconsistent with the constitution and bylaws 
of the Corporation. 
"(3) Each contesting party may be represented by counsel or by 
any other dulj authorized representative at the arbitration proceed-
ing. The parties may offer any evidence which they desire and shall 
produce any additional evidence as the arbitrators believe necessary 
to an understanding and determination of the dispute. The arbitrators 
shall be the sole judges of the relevancy and materiality of the evi-
dence offered. Conformity to legal rules of evidence shall not be 
necessary. 
" (4) All decisions by the arbitrators shall be by majority vote unless 
the concurrence of all is expressly required by the contesting parties. 
"(5) Final decision of the arbitrators shall be binding upon the 
involved parties, if such award is not inconsistent with the constitution 
and bylaws of the Corporation. 
"(6) The hearings may be reopened, by the arbitrators upon their 
own motion or upon the motion of any contesting party, at any time 
before a final decision is made, except that, if any contesting party 
makes such a motion, all parties to the decision must agree to reopen 
92 STAT. 3058 
PUBLIC LAW 95-606—NOV. 8, 1978 
the hearings if such reopening would result in the arbitrators' decision 
being delayed beyond the specific period agreed upon at the beginning 
of the arbitration proceedings. 
36 use 396. 
"SEC. 206. Any amateur sports organization which conducts ama-
teur athletic competition, participation in which is restricted to a 
specific class of amateur athletes (such as high school students, college 
students, members of the Armed Forces, or similar groups or cate-
gories), shall have exclusive jurisdiction over such competition. If 
such an amateur sports organization wishes to conduct international 
amateur athletic competition to be held in the United States, or spon-
sor international amateur athletic competition to be held outside the 
United States, it shall obtain a sanction from the appropriate national 
governing body.". 
Approved November 8, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1627 (Comm. on the Judiciary). 
SENATE REPORT No. 95-770 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
May 8, considered and passed Senate. 
Sept. 26, considered and failed of passage in House. 
Oct. 11, 13, considered and passed House, amended. 
Oct. 15, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: 
Nov. 8, Presidential statement.