[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 735 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 735

To establish a national commission to oversee and regulate major league 
and minor league baseball, to promote the interests of consumers, local 
communities, and taxpayers, to recommend modification of the antitrust 
      exemption for Major League Baseball, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 1995

 Mr. LaFalce introduced the following bill; which was referred to the 
 Committee on Commerce and, in addition, to the Committees on Economic 
  and Educational Opportunities and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To establish a national commission to oversee and regulate major league 
and minor league baseball, to promote the interests of consumers, local 
communities, and taxpayers, to recommend modification of the antitrust 
      exemption for 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 Professional 
Baseball Act of 1995''.

SEC. 2. ESTABLISHMENT.

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

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
seven members, all of whom shall be appointed by the President. The 
President shall appoint--
            (1) one member after consultation with the owners of Major 
        League Baseball;
            (2) one member after consultation with the Major League 
        Baseball Players Association;
            (3) one member after consultation with the National 
        Association of Professional Baseball Leagues, Incorporated;
            (4) one member after solicitation of recommendations from 
        government officials of cities, towns, or counties in which 
        major league and minor league baseball teams are located; and
            (5) three members after consultation 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 five-
year term. In the event that the term of the Commission is extended by 
the Congress pursuant to section 10 of this Act, the term of individual 
members shall also be extended, except that no individual may serve as 
a member for more than six years.
    (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 sixty 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 ninety days after the 
date of enactment of this Act.
    (f) Public Meetings.--All Commission meetings and hearings 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 forty-five 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 investigate any 
aspect of major league baseball and minor 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) negotiation of contract agreements between major league 
        team owners and players;
            (2) renegotiation of the professional baseball agreement 
        between major league and minor league team owners;
            (3) setting of ticket prices;
            (4) expansion and relocation of major league and minor 
        league team franchises;
            (5) structural requirements and financing of baseball 
        stadiums and facilities;
            (6) terms and conditions of minor league player contracts;
            (7) licensing of television broadcast rights and allocation 
        of television revenues;
            (8) licensing and marketing of merchandise and allocation 
        of revenues; and
            (9) revenue sharing among owners of major league teams and 
        among the major and minor leagues.
    (b) Arbitration and Mediation.--The duty of the Commission to 
intervene in any aspect of major league or minor league baseball, 
pursuant to subsection (a) of this section, shall include but not be 
limited to the--
            (1) conduct of binding arbitration in the event of a labor 
        impasse between Major League Baseball and players; and
            (2) mediation or arbitration of disputes between Major 
        League Baseball or individual owners of major league teams and 
        minor league baseball team owners.

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 times and places, take such 
testimony, and receive such evidence, as the Commission considers 
appropriate.
    (b) Obtaining Information.--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 or minor 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) Orders and Injunctions.--Whenever the Commission has reason to 
believe that an act or practice of Major League Baseball or of any 
individual owner of a major league baseball team may not be in the 
public interest or in the best interest of baseball, the Commission 
shall have authority--
            (1) to issue orders to stay temporarily such act or 
        practice pending review by the Commission or pending a request 
        for mediation or arbitration of disputes involving such action 
        submitted to the Commission by baseball players, minor league 
        team owners, or public officials; and
            (2) to bring a civil action in an appropriate district 
        court of the United States to enjoin such act or practice and, 
        upon proper showing that such action would be in the public 
        interest, to obtain a temporary restraining order or a 
        preliminary injunction against such act or practice: Provided, 
        however, That in proper cases the Commission may seek, and upon 
        proper showing of proof, the court may grant a permanent 
        injunction.
    (f) 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.
    (g) 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 members consider 
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 appropriated under section 9 of this Act.
    (h) 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) Compensation.--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) Expenses.--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 provision 
        of chapter 51 and subchapter II of chapter 53 of title 5, 
        United States Code, relating to classification of position 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.

    (a) Commission Study.--The Commission shall undertake a study of 
the antitrust exemption for Major League Baseball that shall include 
but not be limited to analysis of the--
            (1) effects of the antitrust exemption on major league and 
        minor league baseball players, minor league baseball teams, 
        baseball fans, local governments, and taxpayers of 
        municipalities in which baseball teams are located;
            (2) possible effects of continuing the antitrust exemption;
            (3) possible effects of proposals for modification of the 
        antitrust exemption on Major League Baseball, minor league 
        baseball teams, major league and minor league baseball players, 
        baseball fans, local governments, and taxpayers, including but 
        not limited to proposals for--
                    (A) elimination of the antitrust exemption;
                    (B) partial elimination of the antitrust exemption 
                for purposes of labor relations between Major League 
                Baseball and professional baseball players or for 
                purposes of major league team franchise expansion or 
                relocation; and
                    (C) elimination of the antitrust exemption with 
                protections to hold harmless existing contractual 
                relationships between major league and minor league 
                baseball teams with respect to player development, 
                territorial arrangements, and other activities that 
                might otherwise be subject to the antitrust laws.
    (b) Report.--Not later than three years after the date of the 
enactment of the Act, the Commission shall submit to the Congress a 
report containing its findings and conclusions pursuant to this 
section, together with its recommendations as to any legislation it may 
consider appropriate for modification of the antitrust exemption for 
Major League Baseball.

SEC. 9. AUTHORIZATION AND FEES.

    (a) Authorization.--There are authorized to be appropriated such 
funds as may be necessary to carry out this title, except that the 
amount of such funds shall not exceed the amount of funds made 
available pursuant to subsection (b) of this section. All funds 
appropriated under this section shall remain available until expended.
    (b) Fees.--Major League Baseball shall pay to the Treasury of the 
United States on or before March 15 of each calendar year a fee in the 
amount of two-tenths of 1 per centum of the aggregate dollar amount of 
combined team revenues received during each preceding calendar year, 
except that the Commission, by rule, may exempt any revenue or class of 
revenue from any fee imposed by this subsection, if the Commission 
finds that such exemption is consistent with the public interest. The 
Commission, by rule, shall set forth the manner and terms under which 
such payment shall be made after consultation with the Secretary of the 
Treasury and Major League Baseball. Payment of any fee under this 
subsection shall be made for each of the five years that this Act shall 
be effective, and for any additional years the Congress shall determine 
pursuant to section 10 of this Act.

SEC. 10. TERM OF THE COMMISSION.

    The duties and powers set forth in this Act shall cease to be 
effective five years after the date of enactment, unless otherwise 
extended by the Congress.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment.
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