[Congressional Record Volume 147, Number 157 (Wednesday, November 14, 2001)]
[Senate]
[Pages S11794-S11795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE (for himself, Mr. Dayton, and Mr. Harkin):
  S. 1704. A bill to amend the Clayton Act to make the antitrust laws 
applicable to the elimination or relocation of major league baseball 
franchises; to the Committee on the Judiciary.
  Mr. WELLSTONE. Mr. President, today, along with Senators Dayton and 
Harkin, I am introducing the ``Fairness in Antitrust in National 
Sports, FANS, Act of 2001.'' The goal of this important legislation is 
to limit major league baseball's antitrust exemption as it relates to 
decisions to eliminate or relocate a major league baseball team.
  This is an important piece of legislation, made necessary by major 
league baseball owners' unfortunate decision last week to eliminate two 
teams, with the prospect of at least two more eliminations to come. I 
am pleased to say that Representative John Conyers, along with a number 
of other Members, including the entire Minnesota delegation, will be 
introducing an identical measure in the House today as well.
  I have said on other occasions that I think this so-called 
``contraction'' decision by major league baseball is a betrayal by 
owners who have put their own profits before loyalty to fans and their 
communities.
  I know that there are a number of efforts to respond to this decision 
by the owners. The bill we are introducing today is but one of those. I 
expect the bill to be referred to the Judiciary Committees in the House 
and Senate and our hope is that the Committees in both Houses will be 
able to organize prompt hearings.
  Our country has tremendously urgent priorities. We have the war in 
Afghanistan, the war against terrorism, and our urgent need for 
economic stimulus legislation to keep our nation from plummeting even 
further into recession. Unfortunately, however, major league baseball 
owners did not give us a choice on timing. They have picked a 
particularly inauspicious time to announce their unilateral, short-
sighted and self-serving decision, so we must respond. Because they 
have further announced their intention to name in the near future the 
particular teams they plan to eliminate, we have no choice but to urge 
quick consideration of this legislation.
  As I noted, the bill would limit baseball's antitrust exemption as it 
relates to decisions to eliminate or relocate a

[[Page S11795]]

major league baseball team. The legislation subjects the owners to the 
antitrust laws when they unilaterally decide to eliminate or relocate a 
team.
  In all other respects, the bill tracks the Curt Flood Act of 1997, 
which repealed the antitrust laws as they apply to the employment of 
major league baseball players. As with the Curt Flood Act, the bill is 
carefully crafted to ensure that it does not limit any prerogatives of 
the minor leagues.
  We proceed from a pragmatic desire to achieve a broad base of support 
in Congress. With the help of the Administration, we could push this 
measure forward.
  As Senator Dayton and I noted last week in a letter to the President, 
achieving Congressional action on this legislation will be exceedingly 
difficult in view of other urgent legislative issues facing Congress 
and the Administration. We will need the President to weigh in on this 
and I once again call on him to do so.
  Mr. President, we must act to hold major league baseball owners 
accountable for their decisions. I urge my colleagues to join us in co-
sponsoring this measure.

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