[Congressional Record Volume 140, Number 116 (Wednesday, August 17, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 17, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROTH:
  S. 2400. A bill to establish the Northern Yukon-Arctic International 
Wildlife Refuge, and for other purposes; to the Committee on 
Environment and Public Works.


        northern yukon-arctic international wildlife refuge act

 Mr. ROTH. Mr. President, I address our needs as well as our 
opportunities for international cooperation to protect our world's 
circumpolar region.
  During my years in the Congress I have expressed my sincere ideology 
concerning mankind's responsibility to the environment. Simply stated, 
it is that man is bound to serve Nature through an environmental ethic. 
Mankind has the responsibility to pass on a life-giving, life-
sustaining environment to future generations. Our natural and cultural 
heritage rank high among our most priceless and irreplaceable 
possessions. To lose any of these possessions would be a loss to all of 
mankind.
  It is often exhibited that all ecosystems--from Alaska to Africa, 
South America to Saudi Arabia--are inextricably connected. Not only can 
destruction in one small area bruise the conscience of man, but it can 
affect the fragile ecological balance of a tiny world appear more 
vulnerable with each passing day. Perhaps this environmental 
transcendentalism is nowhere more apparent than in the circumpolar 
region which serves as a sink for global pollution. It gathers the 
wastes and fallout from all that surrounds it, and we all know the 
tragic consequences befalling the fragile ecosystem and biosphere. The 
wind, water, fish, fowl, caribou, and other animals and plants know no 
political boundaries. Whether the pollution that threatens their 
pristine and fragile environment comes from the Soviet Union, Brazile, 
Eastern Europe, or the United States is of little consequence--
especially when the contamination begins to affect the native peoples 
who depend on the ecosystem.
  Likewise, the contamination of this precious international resource 
poses a threat to the Arctic region as scientific laboratory for 
comparisons of the earth's health. As someone recently put it: ``if the 
Arctic systems fail, the health and the understanding of the health of 
the entire planet fails.'' It is for those and other reasons that I 
commend proposals that encourage international cooperation to protect 
the precious Arctic area. The Finnish and Pisces initiatives and the 
Beringia Cooperative Agreement are very important steps in this 
process. Likewise, I'm proud to announce my own piece of legislation, 
that I am introducing today.
  Mr. President, today I am introducing legislation to establish a 
Northern Yukon-Arctic International Wildlife Refuge. It's purpose is to 
bring these two great nations together in historic cooperation to 
permanently protect the last complete Arctic ecosystem in North 
America, North America's serrengethi, to fulfill our responsibility as 
stewards of our land, its resources and the life that depends on it.
  This effort will protect all shared wild bird resources native to 
North America that are in an unconfined state and that are protected 
under the Migratory Bird Treat Act. Likewise, it protects wetlands, 
marine mammals--including seals, walruses, whales, and polar bears; and 
it maintains our commitment to the principles of caribou management as 
prescribed under the Porcupine Management Agreement. And it provides 
for continued protection of marine and anadromous fish species that 
inhabit the coastal waters of the Beaufort Sea. Finally, it reaffirms 
the Commitments we made to the residents of these lands, to continue to 
provide them with the opportunity for subsistence uses for the 
resources of these lands.
  Each of these objectives is worthy, and this bill is an important 
step toward caring for our stewardship in the entire Arctic National 
Wildlife Refuge as it is currently administered under the National 
Wildlife Refuge Administration Act. However, most important is that 
this bill demonstrates the willing spirit and many opportunities 
nations can take advantage of toward the objective of protecting our 
environment. It is a first step--an important first step. But it is my 
hope that it serves as an example of what nations can do with shared 
objectives, a spirit of cooperation, and little bit of effort.
  It is also my hope that we can build on this effort to actively 
pursue arctic agreements that lead to an arctic refuge protection plan. 
Such a plan should include international protection for shared lands 
and waters, cultural and historical sites, and management of fish, 
birds and wildlife, as well as international cooperative efforts to 
control the sources of pollutants that affect this fragile environment. 
The legislation that I am introducing today should be one of the 
building blocks for this effort.
                                 ______

      By Mr. DeCONCINI:
  S. 2401. A bill to establish the National Commission on Major League 
Baseball, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


        national commission on major league baseball act of 1994

  Mr. DeCONCINI. Mr. President, I know that we all are very much 
consumed on the health care. The debate has been going on for some 
time.
  There is something that is really, really important that people are 
missing in this country, and that is baseball. I want to talk about it 
for a moment.
  Today I am introducing legislation that would establish a five-
member, National Commission on Major League Baseball. The purpose of 
this Commission is very simple. This panel will do for baseball, and 
the baseball fans of America, what baseball has been unable to do for 
itself--that is keep the focus on the game and not on the lawyers, and 
more importantly make the game accountable to the millions of Americans 
who call themselves baseball fans.
  This Commission will have oversight and regulatory control over major 
league baseball. In particular, the Commission will have the ability to 
investigate many areas of major league baseball, including expansion, 
ticket prices, stadium financing, television revenues, and marketing 
and merchandising. Most importantly, however, is the Commission's power 
to conduct binding arbitration in the event of a labor impasse. Given 
that we are currently in the eighth work stoppage in the past 22 
seasons, it is unfortunate, but obvious, that baseball cannot put its 
own house in order. The need for this authority has never been more 
clear than it is today.
  Once again, the players and the owners have betrayed the American 
public and put their own self-interests above those of the fans. To the 
average fan, salary caps and labor negotiations do not matter. The 
average fan feels no sympathy for either the multimillion-dollar 
players or the multimillion-dollar owners. All the average fan wants to 
do is enjoy baseball. This Commission is intended to give them that 
opportunity.
  While developing this Commission, I envisioned a panel which could 
act as an impartial commissioner of the national pastime. 
Unfortunately, baseball does not have a commissioner at this time 
despite the repeated promises to appoint one. With all due respect to 
Mr. Selig--I know him, he is a fine man, and a very good businessman--
this game needs a strong, impartial leader who can be guided not solely 
by the interests of the players or the owners, but by the best 
interests of the game. Accordingly, this must involve the views of the 
fans.
  Under the legislation, the President will select three individuals 
from the millions who proudly call themselves baseball fans to serve on 
the Commission. This Commission may not resolve the myriad of problems 
which plague the game, but it will give the fans a much needed voice in 
the debate. Additionally, the Commission will have a member chosen from 
among the players and a member chosen from among the owners. The panel 
will have the power to hold hearings and to obtain all relevant 
documents and other evidence in order to make their review as 
comprehensive as possible. If the parties will not unilaterally 
disclose their positions then this legislation will compel them to do 
so. The distrust and secrecy between the players and the owners has 
made reaching a compromise all the more difficult. If we are to address 
these issues and the concerns of the respective parties, it can only be 
done through complete disclosure. This Commission has the power to make 
certain that reality and not rhetoric is the basis for any discussion 
of these issues.
  Many people might wonder why, or if, Government should involve itself 
in this matter. But the Government is already involved and has, in 
effect, created a baseball monopoly. Baseball is special and receives 
special treatment through the antitrust immunity.
  This exemption allows baseball to operate as one large entity which 
operates free of the threat of competition, despite the fact that 
competition is the hallmark of American free enterprise. In other 
instances where we create a monopoly, such as utilities, no one 
questions the Government's authority to regulate the industry. In 
essence we grant the monopoly, but we do so with the understanding that 
this rare exception has conditions, one of which is the Government's 
right to regulate.
  And the players are just as much at fault. They could set settle this 
but, no, they have three or four agents that hold out and really do not 
care about the fans.
  Many will argue that we should simply repeal the exemption. Frankly, 
that day may be coming, but at this point I think the larger issue is 
whether or not the game can police itself--I have not seen much 
recently to suggest that it can. Proponents of the exemption cite the 
unique place of baseball in American society. This raises the obvious 
question of how many times will the game which claims to be uniquely 
American walk away from the American public? My legislation is a 
compromise between the two positions which lets the exemption remain 
for the time being, but subjects the monopoly to regulation. 
Furthermore, my bill requires the commission to study the need for the 
anti-trust exemption and the affects of its possible repeal and report 
to Congress on their findings within 3 years. This study will allow 
Congress to better understand the consequences of continuing or 
repealing the anti-trust exemption. That decision, when and if it is 
made, should be an informed one, and the Commission will help in that 
regard.
  Critics will argue that this Commission is ill conceived, that it 
places complex issues in the hands of those who lack the knowledge or 
understanding to resolve them. To those critics, I suggest that what 
this situation desperately needs is a little perspective and a good 
dose of reality. Who better to provide it than the very people who fill 
the coffers of the players and owners by going to the games, by 
purchasing the merchandise, by supporting the advertisers who pay the 
enormous television contracts? One thing is clear, the current system 
has failed and it is time for new ideas.
  It is true that baseball is a uniquely American game. But with that 
special place in American culture comes a responsibility to the 
American public. The select few who constitute the ownership and 
players of major league baseball must preserve the game for the 
enjoyment of all fans. When the games stopped last week, fans were 
enjoying perhaps the finest season in may years. Matt Williams, Ken 
Griffey Jr., and Frank Thomas were all chasing Roger Maris's home run 
record. Houston Astro Jeff Bagwell might have become the first triple 
crown winner since 1967. On the field the game was living up to its 
proud tradition. But now this fine season has been taken away and 
replaced with sound bites of lawyers from both sides who always find a 
new way to say, ``we've made no progress.'' The baseball fans of 
America are the most loyal and dedicated in all of sports, they deserve 
better. They deserve a chance to watch the game they love--this 
Commission will give them that chance.
  Mr. President, I compliment the Senator from Ohio here, who has tried 
to bring public attention to this in a different way, by lifting the 
exemption. I have not been a supporter of that because I am not 
convinced that it is going to solve the problem. I have given it a lot 
of thought, and I came to the conclusion that we need to regulate this 
monopoly, not just open it up by taking the exemption away. Critics 
will argue that the commission is ill-conceived and places complex 
issues in the hands of those who lack the knowledge or understanding to 
resolve them. To those critics, I suggest that what the situation 
desperately needs is a little perspective and a good dose of reality.
  Who better to provide it than the very people who fill the coffers of 
the players and the owners by going to the game, by purchasing the 
merchandise, by supporting the advertisers who pay the enormous 
television contracts?
  You know who that is: the baseball fans.
  One thing is clear, the current system has failed, it is broken, it 
is not working.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2401

       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.

  Mr. METZENBAUM. Mr. President, I rise to applaud Senator DeConcini 
for proposing legislation to deal with the horrible problems that 
result from the Major League Baseball's exemption from our Nation's 
competition laws. As a consequence, today, baseball is not operating. 
Baseball games are not being played in the major lesion. Because 
baseball functions as an unregulated cartel, fans throughout the 
country have suffered as the season came to a crushing halt.
  Senator Hatch and I have introduced a bill that will limit baseball's 
exemption from the competition laws. We hope for speedy passage of that 
bill, and we hope that it will convince the players to end their strike 
and management to sit down and negotiate, without imposing any one-
sided conditions on the players.
  I prefer this free market solution, as opposed to regulation.
  However, I applaud my colleague for his effort to remedy the 
inequities in baseball, and I agree with him that we should not stand 
for an unregulated cartel.
  I hope to work with my friend from Arizona to combine our legislative 
efforts in the hopes of letting the season continue for the benefit of 
all fans.
  There is no secret about it that the situation that presently exists, 
where the owners are in a position to impose, on their own, conditions 
on the baseball players, has brought baseball to this condition in this 
country. That is not what the fans want, not what the country wants, 
and I do not think it is good for baseball or for the country. I think 
perhaps Senators DeConcini, Hatch, and I, and others, who have a strong 
interest in the subject will be able to move forward and bring our some 
legislative resolution of the issue. Hopefully, the parties themselves 
will be able to resolve the issue and get baseball back on the field 
rather than in the U.S. Senate.

                         ADDITIONAL COSPONSORS


                                S. 1887

  At the request of Mr. Baucus, the names of the Senator from North 
Dakota [Mr. Dorgan], the Senator from California [Mrs. Feinstein], the 
Senator from Connecticut [Mr. Dodd], and the Senator from Maine [Mr. 
Cohen] were added as cosponsors of S. 1887, a bill to amend title 23, 
United States Code, to provide for the designation of the National 
Highway System, and for other purposes.


                                S. 2255

  At the request of Mr. Gorton, the name of the Senator from 
Mississippi [Mr. Lott] was added as a cosponsor of S. 2255, a bill to 
amend the Budget Enforcement Act of 1990 to establish a new budget 
point of order against any amendment, bill, or conference report that 
directs increased revenues from additional taxation of Social Security 
or Railroad Retirement benefits to a fund other than the Social 
Security trust fund or the Social Security Equivalent Benefit Account.


                                S. 2257

  At the request of Mr. Durenberger, the name of the Senator from 
Indiana [Mr. Lugar] was added as a cosponsor of S. 2257, a bill to 
amend the Public Works and Economic Development Act of 1965 to 
reauthorize economic development programs, and for other purposes.
  At the request of Mr. Baucus, the name of the Senator from Arkansas 
[Mr. Bumpers] was added as a cosponsor of S. 2257, supra.


                                S. 2286

  At the request of Mr. Lugar, the name of the Senator from Maine [Mr. 
Cohen] was added as a cosponsor of S. 2286, a bill to amend title 23, 
United States Code, to provide for the use of certain highway funds for 
improvements to railway-highway crossings.


                                S. 2330

  At the request of Mr. Rockefeller, the name of the Senator from 
Hawaii [Mr. Inouye] was added as a cosponsor of S. 2330, a bill to 
amend title 38, United States Code, to provide that undiagnosed 
illnesses constitute diseases for purposes of entitlement of veterans 
to disability compensation for service-connected diseases, and for 
other purposes.


                      Senate Joint Resolution 214

  At the request of Mr. Bingaman, the name of the Senator from North 
Dakota [Mr. Conrad] was added as a cosponsor of Senate Joint Resolution 
214, a joint resolution designating August 9, 1994, as ``Smokey Bear's 
50th Anniversary.''


                    Senate Concurrent Resolution 66

  At the request of Ms. Mikulski, the name of the Senator from Arizona 
[Mr. DeConcini] was added as a cosponsor of Senate Concurrent 
Resolution 66, a concurrent resolution to recognize and encourage the 
convening of a National Silver Haired Congress.


                    Senate Concurrent Resolution 73

  At the request of Mrs. Feinstein, the names of the Senator from 
Mississippi [Mr. Cochran] and the Senator from South Dakota [Mr. 
Daschle] were added as cosponsors of Senate Concurrent Resolution 73, a 
concurrent resolution expressing the sense of the Congress with respect 
to the announcement of the Japanese Food Agency that it does not intend 
to fulfill its commitment to purchase 75,000 metric tons of United 
States rice.

                          ____________________