[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9923-H9925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EQUAL PAY FOR TEAM USA ACT OF 2022
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2333) to amend chapter 2205 of title 36, United States Code,
to ensure equal treatment of athletes, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2333
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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:
[[Page H9924]]
``(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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from Wisconsin (Mr. Fitzgerald)
each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on S. 2333.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 2333, the Equal Pay for Team USA Act of 2022, is
bipartisan legislation that would help ensure that all amateur athletes
representing the United States in global athletic competitions,
including the Olympics and Paralympics, are treated equally.
Specifically, the bill requires all such athletes, regardless of
gender, to receive equal compensation, medical care, travel
arrangements, expense reimbursements, and other benefits.
The bill also requires the United States Olympic and Paralympic
Committee, as well as national sports governing bodies, to report
annually to Congress on compliance and, in collaboration with affected
athletes, to advocate before international sports federations to ensure
equal prizes and other support for male and female athletes.
While helping to ensure gender equality, the bill also carefully
preserves the ability of athletes to accept outside sponsorships and
endorsement deals and prizes such as Olympic or Paralympic medals.
It also clarifies that certain team members, such as team captains,
may earn more than their teammates, and it allows the U.S. Olympic and
Paralympic Committee and national sports governing bodies to provide
more beneficial terms, to the extent necessary, to account for existing
gender-based disparities.
Female athletes competing on the world stage have suffered unequal
treatment for far too long. Despite training and working just as
tirelessly as their male counterparts, they often receive unequal
benefits and compensation. This is unacceptable.
Congress must not only be on record stating clearly that we, as a
Nation, value all members of Team USA, both women and men alike, but we
must also take action to ensure just and equal treatment for all of our
athletes who repeatedly do our Nation proud before the eyes of the
world.
I thank our colleagues, Senators Maria Cantwell, Shelley Moore
Capito, Amy Klobuchar, and Cynthia Lummis, for shepherding this long-
overdue bill through the Senate, where it passed by voice vote.
[[Page H9925]]
I appreciate the leadership of Representatives Mikie Sherrill and
Nancy Mace for bringing this measure forward in the House.
Mr. Speaker, I urge all Members to support the bill, and I reserve
the balance of my time.
Mr. FITZPATRICK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in 1894, the United States founded an organization that
has since grown into the U.S. Olympic and Paralympic Committee. The
U.S. Olympic and Paralympic Committee is tasked with organizing the
participation of U.S. athletes in international amateur athletic
events.
In 1950, Congress granted the U.S. Olympic and Paralympic Committee a
Federal charter under title 36 of the U.S. Code. As a congressionally
chartered organization, it takes an act of Congress to make changes to
the U.S. Olympic and Paralympic Committee's charter.
This bill would amend the bylaws for the U.S. Olympic and Paralympic
Committee and national governing bodies to require those entities to
provide equal pay for male and female athletes who represent the U.S.
in international amateur athletic events. This would include equal
compensation, wages, benefits, medical care, travel arrangements, and
reimbursement for expenses.
S. 2333 also requires a committee of national governing bodies to
report annually to Congress on compliance with treating athletes
equally.
We are simply asking for support for the bill and hope that the vote
will be taken in a timely fashion.
Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
The Equal Pay for Team USA Act of 2022 is a targeted approach to
addressing the disparities in treatment among women and men who
represent the United States in global amateur athletic competitions.
For this reason, the bill has the support of many organizations,
including the U.S. Olympic and Paralympic Committee, U.S. Soccer, U.S.
Squash, USA Curling, USA Volleyball, the Women's Basketball Coaches
Association, the Women's Sports Foundation, the National
Interscholastic Athletic Association, the National Women's Law Center,
and the National Organization for Women.
The way we treat our amateur women athletes is a reflection of our
Nation's values. Through their talents and hard work, these athletes
showcase all that is best about America to the world.
All too often, they receive unequal pay or less favorable terms of
employment merely because of their gender. It is time to correct this
mistake and ensure that all American athletes competing on the world
stage are treated fairly.
Mr. Speaker, I urge the House to pass the Equal Pay for Team USA Act,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 2333.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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