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Bill
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S. 2333 — what changed

Equal Pay for Team USA Act of 2022

From Reported in Senate to Engrossed in Senate. 2 sections amended between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Equal Pay for Team USA Act of 2021”.2022”.

Sec. 2 Modifications to United States Olympic and Paralympic Committee and national governing bodies

(a)
added United States Olympic and Paralympic Committee—
(1)
added Duties— Section 220505(d) of title 36, United States Code, is amended—
(A)
added in paragraph (1)—
(i)
added in subparagraph (B)(ii), by striking “; and” and inserting a semicolon;
(ii)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(a)
removed Modification of purposes of United States Olympic Committee— Section 220503 of title 36, United States Code, is amended—
(1)
removed in paragraph (15), by striking “; and” and inserting a semicolon;
(2)
removed in paragraph (16), by striking the period at the end and inserting “; and”; and
(iii)
renumbered was (2)(5) by adding at the end the following:

added “(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—

added “(i) to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and

added “(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)
added by redesignating paragraph (2) as paragraph (3); and
(C)
added by inserting after paragraph (1) the following:

added “(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)
added Annual report on equal treatment of athletes—
(A)
added In general— Subchapter I of title 36, United States Code, is amended by adding at the end the following:

added “220514. Annual report on equal treatment of athletes

added “(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).

added “(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)
added 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:
(b)
added National governing bodies—
(1)
added Duties— Section 220524(a) of title 36, United States Code, is amended—
(A)
added by redesignating paragraphs (7) through (14) as paragraphs (9) through (16), respectively; and

removed “(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.”

(b)
removed Duty of national governing bodies— Section 220524(a) of title 36, United States Code, is amended—
(1)
removed by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and
(B)
renumbered was (3)(4) by inserting after paragraph (6) the following:

added “(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—

added “(A) to consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and

added “(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;

added “(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)
added Annual report on equal treatment of athletes—

removed “(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;”

(c)
removed Annual report on equal treatment of athletes—
(A)
renumbered was (4)(2) In general— 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

added “(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).

added “(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.”

removed “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).”

(B)
renumbered was (4)(3) 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:
(c)
added Implementation period and reports to Congress— Not later than 1 year after the date of the enactment of this Act—
(d)
removed Implementation period and reports to Congress— Not later than January 31, 2022—
(1)
renumbered was (5)(3) the corporation shall—
(A)
added 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
(A)
removed attain full compliance, and ensure that each national governing body attains full compliance, with the applicable provisions of law amended by this Act; and
(B)
renumbered was (5)(3)(3) submit to Congress a report describing such compliance of the corporation and each national governing body; and
(2)
renumbered was (5)(4) each national governing body shall—
(A)
added attain full compliance with the applicable amendments made by this Act; and
(B)
added submit to Congress a report describing such compliance.
(d)
added Rule of construction— Nothing in this Act shall be construed—
(1)
added 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)
added 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)
added 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.
(A)
removed attain full compliance with the applicable provisions of law amended by this Act; and
(B)
removed submit to Congress a report describing such compliance of the national governing body.