[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Enrolled Bill (ENR)]
S.2333
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.