[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 2333
_______________________________________________________________________
AN ACT
To amend chapter 2205 of title 36, United States Code, to ensure equal
treatment of athletes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Pay for Team USA Act of
2022''.
SEC. 2. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE
AND NATIONAL GOVERNING BODIES.
(a) United States Olympic and Paralympic Committee.--
(1) Duties.--Section 220505(d) of title 36, United States
Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii), by striking
``; and'' and inserting a semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) with respect to a sport for which the
corporation conducts separate programs for female and
male athletes, to ensure that female and male athletes
who represent the United States in international
amateur athletic events receive, from funds directly
provided by the corporation 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--
``(i) to consider merit, performance,
seniority, or quantity of play in determining
contract or other terms of participation; and
``(ii) 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.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Advocacy.--The corporation shall 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.''.
(2) Annual report on equal treatment of athletes.--
(A) In general.--Subchapter I of title 36, United
States Code, is amended by adding at the end the
following:
``Sec. 220514. Annual report on equal treatment of athletes
``(a) In General.--Not less frequently than annually, the
corporation shall submit to Congress a report on the compliance of the
corporation with paragraphs (1)(D) and (2) of section 220505(d).
``(b) Matters To Be Included.--Each report required by subsection
(a) shall include detailed information on the median, minimum, and
maximum stipends and bonuses provided to athletes, disaggregated by
gender, race, and, as applicable, status of participation on a
professional sports team.''.
(B) Conforming amendment.--The table of sections
for subchapter I of chapter 2205 of title 36, United
States Code, is amended by adding at the end the
following:
``220514. Annual report on equal treatment of athletes.''.
(b) National Governing Bodies.--
(1) Duties.--Section 220524(a) of title 36, United States
Code, is amended--
(A) by redesignating paragraphs (7) through (14) as
paragraphs (9) through (16), respectively; and
(B) by inserting after paragraph (6) the following:
``(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;''.
(2) Annual report on equal treatment of athletes.--
(A) In general.--Subchapter II of chapter 2205 of
title 36, United States Code, is amended by adding at
the end the following:
``Sec. 220530A. Annual report on equal treatment of athletes
``(a) In General.--Not less frequently than annually, each national
governing body shall submit to the corporation and Congress a report on
the compliance of the national governing body with paragraphs (7) and
(8) of section 220524(a).
``(b) Matters To Be Included.--Each report required by subsection
(a) shall include detailed information on the median, minimum, and
maximum stipends and bonuses provided to athletes, disaggregated by
gender, race, and, as applicable, status of participation on a
professional sports team.''.
(B) Conforming amendment.--The table of sections
for subchapter II of chapter 2205 of title 36, United
States Code, is amended by adding at the end the
following:
``220530A. Annual report on equal treatment of athletes.''.
(c) Implementation Period and Reports to Congress.--Not later than
1 year after the date of the enactment of this Act--
(1) the corporation shall--
(A) attain full compliance, and require as a
condition of continued certification that each national
governing body attains and maintains full compliance,
with the applicable amendments made by this Act; and
(B) submit to Congress a report describing such
compliance of the corporation and each national
governing body; and
(2) each national governing body shall--
(A) attain full compliance with the applicable
amendments made by this Act; and
(B) submit to Congress a report describing such
compliance.
(d) Rule of Construction.--Nothing in this Act shall be construed--
(1) to supersede, nullify, or diminish the rights of any
individual under any Federal law or the law of any State or
political subdivision of any State or jurisdiction;
(2) to prohibit an individual athlete or a group of
athletes from receiving compensation from an individual or
entity other than a national governing body or the corporation
for the use of, as applicable, the name, image, or likeness of
the individual athlete or the names, images, or likenesses of
the group of athletes; or
(3) to prohibit a team or group of athletes from accepting
outside sponsorships or endorsements, or from participating in
outside promotional events or marketing campaigns, even if a
team or group of athletes of another gender are not offered
equivalent sponsorships, endorsements, or participation in
outside promotional events or marketing campaigns.
Passed the Senate December 8, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 2333
_______________________________________________________________________
AN ACT
To amend chapter 2205 of title 36, United States Code, to ensure equal
treatment of athletes, and for other purposes.