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

Page 313 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220524 1998—Pub. L. 105–277, § 142(m)(1), designated existing provisions as subsec. (a) and inserted heading. Subsec. (a)(4). Pub. L. 105–277, § 142(m)(2), added par. (4) and struck out former par. (4) which read as follows: ‘‘agrees to submit, on demand by the corporation, to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Associa- tion in any controversy involving— ‘‘(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, manager, administrator, or official to par- ticipate in amateur athletic competition, as provided for in the corporation’s constitution and bylaws;’’. Subsec. (a)(10). Pub. L. 105–277, § 142(m)(3), added par. (10) and struck out former par. (10) which read as fol- lows: ‘‘demonstrates that— ‘‘(A) its board of directors or other governing board includes among its voting members— ‘‘(i) individuals who are actively engaged in ama- teur athletic competition in the sport for which recognition is sought; or ‘‘(ii) individuals who, within the prior 10 years, have represented the United States in international amateur athletic competition in the sport for which recognition is sought; and ‘‘(B) the individuals described in subclause (A) of this clause hold at least 20 percent of the membership and voting power on the board;’’. Subsec. (a)(14). Pub. L. 105–277, § 142(m)(4), inserted ‘‘or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games’’ after ‘‘amateur status’’. Subsec. (b). Pub. L. 105–277, § 142(m)(5), added subsec. (b). § 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 appro- priate international sports federation; (2) establish national goals and encourage the attainment of those goals; (3) serve as the coordinating body for ama- teur athletic activity in the United States; (4) exercise jurisdiction over international amateur athletic activities and sanction inter- national amateur athletic competition held in the United States and sanction the sponsor- ship of international amateur athletic com- petition held outside the United States; (5) conduct amateur athletic competition, including national championships, and inter- national amateur athletic competition in the United States, and establish procedures for de- termining eligibility standards for participa- tion in competition, except for amateur ath- letic competition specified in section 220526 of this title; (6) recommend to the corporation individ- uals and teams to represent the United States in the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; and (7) designate individuals and teams to rep- resent the United States in international ama- teur athletic competition (other than the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan Amer- ican Games) and certify, in accordance with applicable international rules, the amateur eligibility of those individuals and teams. (b) REPLACEMENT OF NATIONAL GOVERNING BODY PURSUANT TO ARBITRATION.—A national governing body may not exercise any authority under subsection (a) of this section for a par- ticular sport after another amateur sports orga- nization has been declared (in accordance with binding arbitration proceedings prescribed by the organic documents of the corporation) enti- tled to replace that national governing body as the member of the corporation for that sport. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1473; Pub. L. 105–277, div. C, title I, § 142(n), Oct. 21, 1998, 112 Stat. 2681–608; Pub. L. 116–189, § 4(a)(9), Oct. 30, 2020, 134 Stat. 945.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220523(a) ..... 36:393. Sept. 21, 1950, ch. 975, title II, § 203, as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3054. 220523(b) ..... 36:393 note. July 8, 1980, Pub. L. 96–304, title I (last sentence re- lated to limitation on ex- ercise of authority in par. under heading ‘‘Salaries and Expenses’’), 94 Stat. 898. In subsection (b), the words ‘‘national governing body’’ are omitted (the first time they appear) to elimi- nate unnecessary words. The reference to ‘‘subsection (a) of this section’’ is substituted for ‘‘section 203 of Public Law 95–606 as hereby amended’’ because of the restatement. The word ‘‘corporation’’ is substituted for ‘‘Committee’’ because of the definition of ‘‘corpora- tion’’ in section 220501 of this title. Editorial Notes AMENDMENTS 2020—Subsec. (a)(6), (7). Pub. L. 116–189 substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and the Pan-American Games’’. 1998—Subsec. (a)(6), (7). Pub. L. 105–277, which di- rected substitution of ‘‘Games, the Paralympic Games, and’’ for ‘‘Games and’’ in pars. (6) and (7) of this sec- tion, was executed by making the substitution in pars. (6) and (7) of subsec. (a) to reflect the probable intent of Congress. § 220524. General duties of national governing bodies (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 respon- sible to the persons and organizations it rep- resents; (2) minimize, through coordination with other organizations, conflicts in the sched- uling 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, admin- istrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corpora- tion, the appropriate international sports fed- eration, the International Olympic Com- mittee, the International Paralympic Com- mittee, and the Pan-American Sports Organi- zation; Page 314 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220524 (5) allow an amateur athlete to compete in any international amateur athletic competi- tion 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 com- petition does not meet the requirements stat- ed in section 220525 of this title; (6) provide equitable support and encourage- ment for participation by women where sepa- rate programs for male and female athletes are conducted on a national basis; (7) with respect to a sport for which a na- tional governing body conducts separate pro- grams 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 inter- national amateur athletic competition), equivalent and nondiscriminatory compensa- tion, wages, benefits, medical care, travel ar- rangements, and payment or reimbursement for expenses, all insofar as these are imple- mented in connection with such amateur ath- letic events, where ‘‘equivalent’’ means ‘‘equal’’ except that it shall be permissible— (A) to consider merit, performance, senior- ity, or quantity of play in determining con- tract or other terms of participation; and (B) to provide more beneficial terms of participation to athletes representing the United States in international events to ad- dress disparities in outside income, includ- ing in compensation made available by international sports federations and other event organizers, or the need to foster under- developed programs or address documented and justifiable personal need on the part of specific athletes or teams; (8) take all reasonable steps, in collabora- tion with affected athletes, to advocate to international sports federations and other event organizers to equalize prizes, compensa- tion, funding, and other support provided to athletes by such federations and organizers; (9) encourage and support amateur athletic sports programs for individuals with disabil- ities and the participation of individuals with disabilities in amateur athletic activity, in- cluding, where feasible, the expansion of op- portunities for meaningful participation by in- dividuals with disabilities in programs of ath- letic competition for able-bodied individuals; (10) provide and coordinate technical infor- mation on physical training, equipment de- sign, coaching, and performance analysis; (11) encourage and support research, devel- opment, 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, con- tractor, or agent of the national governing body from assisting a member or former mem- ber in obtaining a new job (except for the rou- tine transmission of administrative and per- sonnel files) if the individual knows that such member or former member violated the poli- cies or procedures of the Center related to sex- ual misconduct or was convicted of a crime in- volving 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 ath- lete, 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 pursu- ant 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 other- wise abrogate the duty of care of a national gov- erning body under State law or the common law. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220524 ......... 36:392(a)(1)–(3), (5)–(9). Sept. 21, 1950, ch. 975, title II, § 202(a)(1)–(3), (5)–(9), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3052. 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), re- spectively. 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. Page 315 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220526 117–340, set out as a note under section 220505 of this title. § 220525. Granting sanctions for amateur athletic competitions (a) PROMPT REVIEW AND DECISION.—For the sport that it governs, a national governing body promptly shall— (1) review a request by an amateur sports or- ganization 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 convincing evidence that holding or sponsoring an international ama- teur athletic competition would be detri- mental to the best interest of the sport; and (B) the requirements of subsection (b) of this section are met. (b) REQUIREMENTS.—An amateur sports organi- zation 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 sanc- tioning fee, if the fee is reasonable and non- discriminatory. (2) For a sanction to hold an international amateur athletic competition in the United States, the organization or person must— (A) submit to the national governing body an audited or notarized 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 compete 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 organi- zation or person sponsored for the purpose of having United States amateur athletes com- pete in international amateur athletic com- petition; and (B) submit a letter from the appropriate entity that will hold the international ama- teur athletic competition certifying that the requirements of paragraph (4) of this sub- section have been met. (4) The requirements referred to in para- graphs (2) and (3) of this subsection are that— (A) 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 ama- teur athletic competition; (B) appropriate provision has been made for validation of any records established dur- ing the competition; (C) due regard has been given to any inter- national amateur athletic requirements spe- cifically applicable to the competition; (D) the competition will be conducted by qualified officials; (E) proper medical supervision will be pro- vided for athletes who will participate in the competition; (F) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and (G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes partici- pating in amateur athletic activities appli- cable to such national governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 115–126, title II, § 203, Feb. 14, 2018, 132 Stat. 323.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 220525(a)(1) 36:392(a)(4). Sept. 21, 1950, ch. 975, title II, § 202(a)(4), (b), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3052, 3053. 220525(a) (2)(A). 36:392(b) (words be- fore cl. (1)). 220525(a) (2)(B). (no source). 220525(b) (words be- fore par. (1)). 36:392(b)(1) (words before subcl. (A)), (2) (words before subcl. (A)). 220525(b)(1) 36:392(b)(1)(A), (2)(A). 220525(b) (2)(A). 36:392(b)(1)(C). 220525(b) (2)(B). 36:392(b)(1)(B) (words before subcl. (i)). 220525(b) (3)(A). 36:392(b)(2)(C). 220525(b) (3)(B). 36:392(b)(2)(B) (words before subcl. (i)). 220525(b)(4) 36:392(b)(1)(B)(i)– (vi), (2)(B)(i)–(vi). In subsection (a), the words ‘‘and determine whether to grant such sanction, in accordance with the provi- sions of subsection (b) of this section’’ and ‘‘As a result of its review under subsection (a)(4) of this section’’ are omitted as unnecessary. Clause (2)(B) is added because of the reorganization of the section. In subsection (b), the language before paragraph (1) is substituted for 36:392(b)(1) (words before subclause (A)) and (2) (words before subclause (A)) because of the reor- ganization of the section. Paragraph (1) is substituted for 36:392(b)(1)(A) and (2)(A), and paragraph (4) is sub- stituted for 36:392(b)(1)(B)(i)–(vi) and (2)(B)(i)–(vi), to avoid repeating identical language. Editorial Notes AMENDMENTS 2018—Subsec. (b)(4)(G). Pub. L. 115–126, which directed amendment of section 220525(b)(4), without specifying the title to be amended, by adding subpar. (G), was exe- cuted to this section, to reflect the probable intent of Congress. § 220526. Restricted amateur athletic competi- tions (a) EXCLUSIVE JURISDICTION.—An amateur sports organization that conducts amateur ath- letic competition shall have exclusive jurisdic-