HR 735 IH
     104th CONGRESS
     1st Session
     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.
      [Italic->]   Be it enacted by the Senate and House of
     Representatives of the United States of America in Congress
     assembled, [<-Italic]
     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:  
         [Italic->] Provided, however,  [<-Italic] 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.