[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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