[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 593
117th CONGRESS
  2d Session
                                S. 2333

To amend chapter 2205 of title 36, United States Code, to ensure equal 
             treatment of athletes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2021

Ms. Cantwell (for herself, Mrs. Capito, Ms. Lummis, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                            December 7, 2022

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Equal Pay for Team USA Act 
of 2021''.</DELETED>

<DELETED>SEC. 2. EQUAL TREATMENT OF ATHLETES.</DELETED>

<DELETED>    (a)  Modification of Purposes of United States Olympic 
Committee.--Section 220503 of title 36, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (15), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (16), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(17) with respect to a sport for which separate 
        programs for female and male athletes are conducted on a 
        national basis, to ensure that female and male athletes who 
        represent the United States in international amateur athletic 
        competitions receive equal and nondiscriminatory compensation, 
        wages, benefits, medical care, travel arrangements, and payment 
        or reimbursement for expenses.''.</DELETED>
<DELETED>    (b) Duty of National Governing Bodies.--Section 220524(a) 
of title 36, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (7) through (14) 
        as paragraphs (8) through (15), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (6) the 
        following:</DELETED>
        <DELETED>    ``(7) with respect to a sport for which separate 
        programs for female and male athletes are conducted on a 
        national basis, provide to female and male athletes 
        representing the United States in international amateur 
        athletic competitions equal and nondiscriminatory compensation, 
        wages, benefits, medical care, travel arrangements, and payment 
        or reimbursement for expenses;''.</DELETED>
<DELETED>    (c) Annual Report on Equal Treatment of Athletes.--
</DELETED>
        <DELETED>    (1) In general.--Subchapter II of chapter 2205 of 
        title 36, United States Code, is amended by adding at the end 
        the following:</DELETED>
<DELETED>``Sec. 220530A. Annual report on equal treatment of 
              athletes</DELETED>
<DELETED>    ``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 section 
220524(a)(7).''.</DELETED>
        <DELETED>    (2) 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:</DELETED>

<DELETED>``220530A. Annual report on equal treatment of athletes.''.
<DELETED>    (d) Implementation Period and Reports to Congress.--Not 
later than January 31, 2022--</DELETED>
        <DELETED>    (1) the corporation shall--</DELETED>
                <DELETED>    (A) attain full compliance, and ensure 
                that each national governing body attains full 
                compliance, with the applicable provisions of law 
                amended by this Act; and</DELETED>
                <DELETED>    (B) submit to Congress a report describing 
                such compliance of the corporation and each national 
                governing body; and</DELETED>
        <DELETED>    (2) each national governing body shall--</DELETED>
                <DELETED>    (A) attain full compliance with the 
                applicable provisions of law amended by this Act; 
                and</DELETED>
                <DELETED>    (B) submit to Congress a report describing 
                such compliance of the national governing 
                body.</DELETED>

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.
                                                       Calendar No. 593

117th CONGRESS

  2d Session

                                S. 2333

_______________________________________________________________________

                                 A BILL

To amend chapter 2205 of title 36, United States Code, to ensure equal 
             treatment of athletes, and for other purposes.

_______________________________________________________________________

                            December 7, 2022

                       Reported with an amendment