One Hundred Seventeenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two
S. 2333
AN ACT
To amend chapter 2205 of title 36, United States Code, to ensure equal treatment of athletes, and for other purposes.
Short title
This Act may be cited as the Equal Pay for Team USA Act of 2022
.
Modifications to United States Olympic and Paralympic Committee and national governing bodies
United States Olympic and Paralympic Committee
Duties
Section 220505(d) of title 36, United States Code, is amended—
in paragraph (1)—
in subparagraph (B)(ii), by striking ; and
and inserting a semicolon;
in subparagraph (C), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
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—
to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and
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.
;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
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.
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Annual report on equal treatment of athletes
In general
Subchapter I of title 36, United States Code, is amended by adding at the end the following:
Annual report on equal treatment of athletes
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).
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.
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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.
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National governing bodies
Duties
Section 220524(a) of title 36, United States Code, is amended—
by redesignating paragraphs (7) through (14) as paragraphs (9) through (16), respectively; and
by inserting after paragraph (6) the following:
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—
to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and
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;
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;
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Annual report on equal treatment of athletes
In general
Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following:
Annual report on equal treatment of athletes
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).
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.
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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.
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Implementation period and reports to Congress
Not later than 1 year after the date of the enactment of this Act—
the corporation shall—
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
submit to Congress a report describing such compliance of the corporation and each national governing body; and
each national governing body shall—
attain full compliance with the applicable amendments made by this Act; and
submit to Congress a report describing such compliance.
Rule of construction
Nothing in this Act shall be construed—
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;
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
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