[117th Congress Public Law 340]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6175]]
Public Law 117-340
117th Congress
An Act
To amend chapter 2205 of title 36, United States Code, to ensure equal
treatment of athletes, and for other purposes. <<NOTE: Jan. 5,
2023 - [S. 2333]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Equal Pay for
Team USA Act of 2022.>>
SECTION 1. <<NOTE: 36 USC 101 note.>> 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
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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. <<NOTE: 36 USC 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 <<NOTE: 36 USC prec. 220501.>> 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;
[[Page 136 STAT. 6177]]
``(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. <<NOTE: 36 USC 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, <<NOTE: 36 USC prec. 220501.>> is amended by
adding at the end the following:
``220530A. Annual report on equal treatment of athletes.''.
(c) <<NOTE: 36 USC 220505 note.>> 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) <<NOTE: 36 USC 220505 note.>> 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
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equivalent sponsorships, endorsements, or participation in
outside promotional events or marketing campaigns.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 2333:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 8, considered and passed Senate.
Dec. 21, considered and passed House.
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