End the BSA Congressional Monopoly
In 1916, Congress granted the Boy Scouts of America exclusive control over youth scouting terminology. Without competition, BSA declined from over 4 million youth in 1973 to about 1 million today. It’s time to restore competition and let families choose. People will flock to programs that align with their values.
THE PROBLEM
In 1916, Congress granted BSA a monopoly over scouting terminology (36 USC § 30905). For over a century, this monopoly has prevented youth scouting alternatives from emerging and denied families choice.
In the early 1970s, BSA began changing its programs to ‘remain relevant’. Less emphasis on tough outdoor experiences, more on classroom instruction. There was a considerable uproar against the changes. For the first time, BSA membership started to fall. William Hillcort (known as ‘Green Bar Bill’) came out of retirement and reversed some of the changes. But the compromises did not please either those who wanted change, nor those who did not. Changes continued. Membership has fallen ever since, declining from over 4 million youth in 1973 to about 1 million today.
BSA National ignored the friends they had to appease the friends they wanted. Now no one trusts them.
Scouters watch colleagues disappear. Youth and adults feel dissatisfied. One volunteer wrote: “I’m a third-generation Scout. There will not be a fourth.”
Without competition, BSA has drifted from its earlier methods. Families seeking programs that honor their authentic values — values that happen to be different from BSA’s current direction — have nowhere to go. Likewise, if the BSA were to change to be more like the BSA of 70 years ago, a different group of families would have nowhere to go. The monopoly creates barriers that deny families access to alternatives reflecting their lived experiences.
FOUR QUICK REASONS THIS IS WRONG
UN-AMERICAN
Monopolies harm families, prevent innovation, and eliminate accountability. Competition serves everyone by providing choice. Government-granted monopolies over youth programming deny families access to diverse approaches and prevent focused organizations from serving underserved communities.
BROKEN
Congress granted BSA a charter to serve boys, Girl Scouts a charter to serve girls. When BSA began admitting girls, Girl Scouts sued. Two monopoly holders ended up in federal court fighting over territory. The monopoly system itself creates these conflicts.
CORRUPTED
In October 2025, BSA eliminated chartered organizations’ automatic voting rights. Without competition, there’s no accountability. Chartered organizations can’t switch to a competitor because the monopoly ensures no competitor exists.
See Chartered Organization Rights below for full details.
ABSURD
BSA and Girl Scouts claim a monopoly over the international terminology created by Robert Baden-Powell in the United Kingdom in 1907, nine years before BSA’s charter. These terms are used freely by youth organizations in 176+ countries worldwide. Two U.S. organizations should not monopolize international terminology that neither created.
Competition would benefit BSA itself. Organizations forced to serve families with conflicting values can’t excel at either approach. BSA could focus entirely on families who share its current vision and improve what works without endless compromise. Traditional organizations could serve families seeking different approaches. Families benefit from choice.
→ Read more about the monopoly
CHARTERED ORGANIZATION RIGHTS
Chartered organizations — churches, schools, civic groups — ARE Scouting. They provide the youth, supply facilities, and assume liability. They own and operate Scouting.
By definition, a council consists of constituent groups coming together to make decisions. The BSA gave Chartered Organization Representatives (CORs) automatic voting rights in local councils. But Executive Board members and council officers also voted at annual meetings. Few CORs attended, so insiders controlled everything. To be true to the concept of “council”, ONLY CORs should vote.
In October 2025, BSA National eliminated COR voting rights entirely. Download RULES AND REGULATIONS OF THE BOY SCOUTS OF AMERICA As amended on October 28, 2025. Current council members now select new members. Each council has become a self-perpetuating insider club. Likewise, at the national level, existing board members vote alongside council representatives.
The monopoly enables this. In a competitive market, chartered organizations could threaten to switch to a different Scouting provider if their input is ignored. But there is no competitor to the BSA. Chartered organizations are walking away. And as a result, Scout units are dissolving.
This must be fixed if the BSA is to prosper. Only CORs should vote in local councils. Ending the monopoly gives chartered organizations actual leverage and helps BSA focus on families who share its vision without endless compromise.
→ Read about Chartered Organization Rights
A SOLUTION
Congress created this problem in 1916. Only Congress can fix it. The solution is straightforward: amend 36 U.S.C. § 30905 to remove the monopoly grant while preserving BSA’s full trademark protection under the Lanham Act.
BSA would keep exclusive rights to “Boy Scouts of America,” all logos, emblems, and distinctive badges. What BSA loses is monopoly power over common descriptive words like “scout” and “scouting”. They retain the same protection every successful American brand operates under. Coca-Cola doesn’t need a monopoly over “cola.” Nike doesn’t need a monopoly over “athletic shoes.” Quality organizations compete on merit.
After the change, organizations could use accurate descriptive terminology. A new organization teaching traditional outdoor skills could call itself “Mountain Valley Scouts” without legal threat. Families would understand what the program offers. No confusion would result. Families would distinguish between Scout organizations just as they distinguish Ford from Chevrolet.
→ Read about a legislative solution
THE FULL STORY
For comprehensive documentation of how the BSA’s monopoly enabled its transformation from over 4 million youth in 1973 to under 1 million today, with fundamentally different programs and methods:
→ TheRiseAndFallOfScouting.org
For specific policy concerns:
→ When National Policies Collide With Family Values
TAKE ACTION
This won’t happen without citizen voices. Every family deserves access to youth programming that meets them where they are.
Most Scouters already agree the monopoly should end. The challenge is to raise awareness and coordinate action.
ABOUT THIS EFFORT
I’m Bill Hartman. Eagle Scout, Vigil Honor, OA Distinguished Service Award, and creator of the Elangomat system. I knew personally Dr. E. Urner Goodman, first National Director of Program of the BSA and the OA founder.
I love Scouting. But the monopoly forces BSA to serve families with fundamentally different values, creating constant conflict. Scouts and leaders shouldn’t be fighting each other. Competition would end this divisiveness. Each organization could serve its families in harmony. That’s why I’m doing this.