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36 U.S.C. § 220524General duties of national governing bodies

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 731 words · no verdicts yet

in plain englishAI-generated · not legal advice

A national governing body must build interest in its sport nationwide, avoid scheduling conflicts, listen to athletes, share rule changes promptly, let athletes compete internationally unless there's a good reason not to, support women's and disabled athletes' programs equally, and pay male and female athletes representing the U.S. equally, with limited exceptions for merit or need. It must also seek better pay and support from international federations, promote sports science and safety, stop staff from helping accused abusers get new jobs, keep sports free of abuse, and immediately report any suspected child abuse to law enforcement and to the SafeSport Center. None of this overrides a governing body's other legal duty of care.

(a) For the sport it governs, a national governing body must: (1) Build interest and participation nationwide and answer to the people and groups it represents. (2) Work with other organizations to avoid scheduling conflicts between practices and competitions. (3) Keep athletes informed about policy and reasonably reflect their views in its decisions. (4) Promptly share rules and rule changes with athletes, coaches, trainers, managers, administrators, and officials — including rules from itself, the corporation, the international federation, the IOC, the IPC, and the Pan-American Sports Organization. (5) Let an athlete compete in any international competition run by any organization, unless it can show that competition doesn't meet the standards in section 220525. (6) Support women's participation equally where it runs separate male and female programs. (7) In sports with separate male and female programs, give male and female athletes representing the U.S. equal pay, benefits, medical care, travel, and expense reimbursement from money the governing body itself provides (not counting prize money). "Equal" allows two exceptions: (A) considering merit, performance, seniority, or amount of play in setting contract terms; and (B) giving better terms to athletes representing the U.S. internationally to make up for outside income gaps — including money from international federations — or to build up underdeveloped programs or address a specific athlete's or team's documented need. (8) Work with affected athletes to push international federations and event organizers to equalize prizes, pay, and support. (9) Support sports programs and participation for people with disabilities, including, where possible, expanding their access to able-bodied competition. (10) Share technical information on training, equipment, coaching, and performance. (11) Support research and information-sharing on sports medicine and safety. (12) Adopt policies stopping its employees, contractors, or agents from helping a member or former member get a new job — except routine file transfers — if they know that person violated the Center's sexual-misconduct rules or was convicted of a sex crime against a minor. (13) Keep sports free from abuse of any amateur athlete, including emotional, physical, and sexual abuse. (14) Use information about any Center sanction or temporary measure to help keep sports safe. (15) Immediately report to law enforcement any allegation that a minor athlete suffered child abuse. (16) Have procedures to immediately report any allegation of child abuse of an amateur athlete, matching the policies required under section 220541(a)(1)(C) and section 220542(a)(2)(A). (b) Nothing in this section overrides or replaces a national governing body's duty of care under state or common law.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1474
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2020Amended · Pub. L. 116-189 · 134 Stat. 957, 959
  • 2023Amended · Pub. L. 117-340 · 136 Stat. 6176

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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