[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2401

To establish the National Commission on Major League Baseball, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 17 (legislative day, August 11), 1994

 Mr. DeConcini introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on Major League Baseball, and for 
                            other purposes.

    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 ``National Commission on Major League 
Baseball Act of 1994''.

SEC. 2. ESTABLISHMENT.

    There is hereby established the National Commission on Major League 
Baseball (hereafter in this Act referred to as the ``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
five members, all of whom shall be appointed by the President. The 
President shall appoint--
            (1) one member after consultation with the Major League 
        Baseball Players Association;
            (2) one member after consultation with the owners of Major 
        League Baseball; and
            (3) three members (after consultations with baseball fan 
        organizations and the informal solicitation of recommendations 
        from the general public), one of whom the President shall 
        designate as Chairman of the Commission.
    (b) Term.--Members of the Commission shall be appointed for a six-
year term. No individual may serve as a member for more than one term.
    (c) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but the Commission may provide for the taking of 
testimony and the reception of evidence at meetings at which there are 
present not less than three members of the Commission.
    (d) Appointment Date.--The first appointments made under subsection 
(a) shall be made within 60 days after the date of enactment of this 
Act.
    (e) First Meeting.--The first meeting of the Commission shall be 
called by the Chairman and shall be held within 90 days after the date 
of enactment of this Act.
    (f) Public Meetings.--All Commission meetings shall be open to the 
public.
    (g) Vacancy.--If any member of the Commission is unable to serve a 
full term or becomes unqualified to serve in such position, a new 
member shall be appointed to serve the remainder of such term of 
office, within 45 days of the vacancy, in the same manner in which the 
original appointment was made.

SEC. 4. DUTIES OF THE COMMISSION.

    The duties of the Commission are to oversee and regulate any aspect 
of Major League Baseball, where, in the opinion of the Commission, it 
is in the best interests of baseball to intervene, including but not 
limited to the--
            (1) conduct of binding arbitration in the event of a labor 
        impasse;
            (2) setting of ticket prices;
            (3) expansion and relocation of franchises;
            (4) financing of any stadium;
            (5) regulation of television revenues;
            (6) regulation of marketing and merchandising revenues; and
            (7) revenue sharing disputes among the owners of Major 
        League Baseball.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission or, on authorization of 
the Commission, a panel of at least three members of the Commission, 
may hold such hearings, sit and act at such time and places, take such 
testimony, and receive such evidence, as the Commission considers 
appropriate.
    (b) Obtaining Data.--The Commission may secure directly from any 
Federal department, agency, or court information and assistance 
necessary to enable it to carry out this Act. Upon request of the 
Chairman of the Commission, the head of such agency or department shall 
furnish such information or assistance to the Commission. In addition, 
the Commission may request any relevant information from any 
appropriate parties with an interest in Major League Baseball.
    (c) Subpoena Power.--
            (1) Issuance.--The Commission may issue subpoenas requiring 
        the attendance and testimony of witnesses and the production of 
        any evidence that relates to any matter under investigation by 
        the Commission. The attendance of witnesses and the production 
        of evidence may be required from any place within a judicial 
        district at any designated place of hearing within the judicial 
        district.
            (2) Enforcement.--If a person issued a subpoena under 
        paragraph (1) refuses to obey the subpoena or is guilty of 
        contumacy, any court of the United States within the judicial 
        district within which the hearing is conducted or within the 
        judicial district within which the person is found or resides 
        or transacts business may (upon application by the Commission) 
        order the person to appear before the Commission to produce 
        evidence or to give testimony relating to the matter under 
        investigation. Any failure to obey the order of the court may 
        be punished by the court as a contempt of the court.
            (3) Manner of service.--A subpoena of the Commission shall 
        be served in the manner provided for subpoenas issued by a 
        United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Place of service.--All process of any court to which 
        application may be made under this section may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (d) Facilities and Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
facilities and support services as the Commission may request. Upon 
request of the Commission, the head of a Federal department or agency 
may make any of the facilities and services of such agency available to 
the Commission to assist the Commission in carrying out its duties 
under this Act.
    (e) Expenditures and Contracts.--The Commission or, on 
authorization of the Commission, a member of the Commission may make 
expenditures and enter into contracts for the procurement of such 
supplies, services, and property as the Commission or member considers 
appropriate for the purposes of carrying out the duties of the 
Commission. Such expenditures and contracts may be made only to such 
extent or in such amounts as are provided in appropriations Acts.
    (f) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal departments 
and agencies of the United States.

SEC. 6. COMPENSATION OF THE COMMISSION.

    (a) Pay.--Each member of the Commission shall be a full-time 
Federal employee and shall be paid at an annual rate of basic pay 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code.
    (b) Travel.--Members of the Commission shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
the performance of their duties.

SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--
            (1) Appointment.--The Chairman of the Commission may 
        appoint and terminate no more than ten staff personnel to 
        enable the Commission to perform its duties.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of personnel without regard to the provisions 
        of chapter 51 and subchapter II of chapter 53 of title 5, 
        United States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (b) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code.

SEC. 8. REPORT TO CONGRESS.

    No later than three years after the date of the enactment of this 
Act, the Commission shall submit a report to the Congress on the need 
for continuing the antitrust exemption for Major League Baseball and 
the possible effects resulting from the elimination of such exemption.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,500,000 to carry out this 
Act.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment.
                                 <all>