[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7081-S7082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   EQUAL PAY FOR TEAM USA ACT OF 2021

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 593, S. 2333.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2333) to amend chapter 2205 of title 36, United 
     States Code, to ensure equal treatment of athletes, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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

[[Page S7082]]

     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.
  Mr. CARDIN. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be considered and agreed to; 
and that the bill, as amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. CARDIN. Mr. President, I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass, as 
amended?
  The bill (S. 2333), as amended, was passed.
  Mr. CARDIN. I ask that the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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