Equal Pay for Team USA Act of 2022
Bill: S.2333 | Sponsor: Sen. Cantwell, Maria (D-WA)
Policy area: Sports and Recreation

Summary:
Equal Pay for Team USA Act of 2022
This bill requires that all athletes representing the United States in international amateur athletic competitions receive equal compensation and benefits for their work, regardless of gender.
Specifically, the bill requires, for a sport for which the U.S. Olympic and Paralympic Committees (the corporation) conduct separate programs for female and male athletes who represent the United States in international amateur athletic events, from funds directly provided by the corporation to the athlete (with exceptions), that there be equivalent and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses.
It shall be permissible to (1) consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and (2) provide more beneficial terms of participation to athletes to address disparities in outside income, or the need to foster underdeveloped programs or address documented and justifiable personal need on the part of specific athletes or teams.
The corporation must take all reasonable steps 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.
The corporation must report to Congress at least annually on compliance. Each report must include detailed information on the median, minimum, and maximum stipends and bonuses provided to athletes, disaggregated by gender, race, and status of participation on a professional sports team.
The bill requires full compliance within one year of this bill's enactment.

[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

[[Page 136 STAT. 6176]]

                      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

[[Page 136 STAT. 6178]]

        equivalent sponsorships, endorsements, or participation in 
        outside promotional events or marketing campaigns.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 2333:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 8, considered and passed Senate.
            Dec. 21, considered and passed House.

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