General duties of national governing bodies

36 U.S.C. § 220524

• Title: 36 — Patriotic and National Observances
• Chapter: SUBCHAPTER II—NATIONAL GOVERNING BODIES

Text

(a) In General.—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 organizations it represents;
(2) minimize, through coordination with other organizations, 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) disseminate and distribute to amateur athletes, coaches, trainers, managers, administrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization;
(5) allow an amateur athlete to compete in any international amateur athletic competition conducted by any organization or person, unless the national governing body establishes that its denial is based on evidence that the organization or person conducting the competition does not meet the requirements stated in section 220525 of this title;
(6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis;
(7) with respect to a sport for which a national governing body conducts separate programs for female and male athletes, ensure that female and male athletes who represent the United States in international amateur athletic events receive, from funds directly provided by the national governing body to the athlete (excluding any prize or award based on the athlete's performance in an international amateur athletic competition), equivalent and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses, all insofar as these are implemented in connection with such amateur athletic events, where "equivalent" means "equal" except that it shall be permissible—
(A) to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and
(B) to provide more beneficial terms of participation to athletes representing the United States in international events to address disparities in outside income, including in compensation made available by international sports federations and other event organizers, or the need to foster underdeveloped programs or address documented and justifiable personal need on the part of specific athletes or teams;
(8) take all reasonable steps, in collaboration with affected athletes, to advocate to international sports federations and other event organizers to equalize prizes, compensation, funding, and other support provided to athletes by such federations and organizers;
(9) encourage and support amateur athletic sports programs for individuals with disabilities and the participation of individuals with disabilities in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by individuals with disabilities in programs of athletic competition for able-bodied individuals;
(10) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis;
(11) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety;
(12) develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the national governing body from assisting a member or former member in obtaining a new job (except for the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law or the policies or procedures of the Center;
(13) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse;
(14) take care to promote a safe environment in sports using information relating to any temporary measure or sanction issued pursuant to the authority of the Center;
(15) immediately report to law enforcement any allegation of child abuse of an amateur athlete who is a minor; and
(16) have in place policies and procedures to report immediately any allegation of child abuse of an amateur athlete, consistent with—
(A) the policies and procedures developed under subparagraph (C) of section 220541(a)(1); and
(B) the requirement described in paragraph (2)(A) of section 220542(a).
(b) Rule of Construction.—Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.

History

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 105–277, div. C, title I, §142(o), Oct. 21, 1998, 112 Stat. 2681–608; Pub. L. 116–189, §7(a)(2)(A)(iv), (c), Oct. 30, 2020, 134 Stat. 957, 959; Pub. L. 117–340, §2(b)(1), Jan. 5, 2023, 136 Stat. 6176.)

Editorial Notes

In clause (4), the word "by" is substituted for "under its auspices or that of . . . other" for clarity and to eliminate unnecessary words. The words "the national governing body" are substituted for "it" for clarity.

Editorial Notes

Amendments
2023—Subsec. (a)(7) to (16). Pub. L. 117–340, §2(b)(1), added pars. (7) and (8) and redesignated former pars. (7) to (14) as (9) to (16), respectively.
2020—Pub. L. 116–189, §7(c)(1), (3), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 116–189, §7(a)(2)(A)(iv), struck out "amateur sports" before "organizations" in pars. (1) and (2) and before "organization or person, unless" in par. (5) prior to redesignation of existing section as subsec. (a).
Subsec. (a)(10) to (14). Pub. L. 116–189, §7(c)(2), added pars. (10) to (14).
1998—Pars. (4) to (9). Pub. L. 105–277, added par. (4) and redesignated former pars. (4) to (8) as (5) to (9), respectively.

Statutory Notes and Related Subsidiaries

Rule of Construction
For construction of Pub. L. 117–340 as it pertains to certain rights of athletes, see section 2(d) of Pub. L. 117–340, set out as a note under section 220505 of this title.