II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Commission

5 on Major League Baseball Act of 1994’’.

6 SEC. 2. ESTABLISHMENT.

7 There is hereby established the National Commission

8 on Major League Baseball (hereafter in this Act referred

9 to as the ‘‘Commission’’).
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1 SEC. 3. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—The Commission

3 shall be composed of five members, all of whom shall be

4 appointed by the President. The President shall appoint—

5 (1) one member after consultation with the

6 Major League Baseball Players Association;

7 (2) one member after consultation with the

8 owners of Major League Baseball; and

9 (3) three members (after consultations with

10 baseball fan organizations and the informal solicita11 tion of recommendations from the general public),

12 one of whom the President shall designate as Chair13 man of the Commission.

14 (b) TERM.—Members of the Commission shall be ap15 pointed for a six-year term. No individual may serve as

16 a member for more than one term.

17 (c) QUORUM.—A majority of the members of the

18 Commission shall constitute a quorum, but the Commis19 sion may provide for the taking of testimony and the re20 ception of evidence at meetings at which there are present

21 not less than three members of the Commission.

22 (d) APPOINTMENT DATE.—The first appointments

23 made under subsection (a) shall be made within 60 days

24 after the date of enactment of this Act.
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1 (e) FIRST MEETING.—The first meeting of the Com2 mission shall be called by the Chairman and shall be held

3 within 90 days after the date of enactment of this Act.

4 (f) PUBLIC MEETINGS.—All Commission meetings

5 shall be open to the public.

6 (g) VACANCY.—If any member of the Commission is

7 unable to serve a full term or becomes unqualified to serve

8 in such position, a new member shall be appointed to serve

9 the remainder of such term of office, within 45 days of

10 the vacancy, in the same manner in which the original ap11 pointment was made.

12 SEC. 4. DUTIES OF THE COMMISSION.

13 The duties of the Commission are to oversee and reg14 ulate any aspect of Major League Baseball, where, in the

15 opinion of the Commission, it is in the best interests of

16 baseball to intervene, including but not limited to the—

17 (1) conduct of binding arbitration in the event

18 of a labor impasse;

19 (2) setting of ticket prices;

20 (3) expansion and relocation of franchises;

21 (4) financing of any stadium;

22 (5) regulation of television revenues;

23 (6) regulation of marketing and merchandising

24 revenues; and
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1 (7) revenue sharing disputes among the owners

2 of Major League Baseball.

3 SEC. 5. POWERS OF THE COMMISSION.

4 (a) HEARINGS AND MEETINGS.—The Commission or,

5 on authorization of the Commission, a panel of at least

6 three members of the Commission, may hold such hear7 ings, sit and act at such time and places, take such testi8 mony, and receive such evidence, as the Commission con9 siders appropriate.

10 (b) OBTAINING DATA.—The Commission may secure

11 directly from any Federal department, agency, or court

12 information and assistance necessary to enable it to carry

13 out this Act. Upon request of the Chairman of the Com14 mission, the head of such agency or department shall fur15 nish such information or assistance to the Commission.

16 In addition, the Commission may request any relevant in17 formation from any appropriate parties with an interest

18 in Major League Baseball.

19 (c) SUBPOENA POWER.—

20 (1) ISSUANCE.—The Commission may issue

21 subpoenas requiring the attendance and testimony of

22 witnesses and the production of any evidence that

23 relates to any matter under investigation by the

24 Commission. The attendance of witnesses and the

25 production of evidence may be required from any
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1 place within a judicial district at any designated

2 place of hearing within the judicial district.

3 (2) ENFORCEMENT.—If a person issued a sub4 poena under paragraph (1) refuses to obey the sub5 poena or is guilty of contumacy, any court of the

6 United States within the judicial district within

7 which the hearing is conducted or within the judicial

8 district within which the person is found or resides

9 or transacts business may (upon application by the

10 Commission) order the person to appear before the

11 Commission to produce evidence or to give testimony

12 relating to the matter under investigation. Any fail13 ure to obey the order of the court may be punished

14 by the court as a contempt of the court.

15 (3) MANNER OF SERVICE.—A subpoena of the

16 Commission shall be served in the manner provided

17 for subpoenas issued by a United States district

18 court under the Federal Rules of Civil Procedure for

19 the United States district courts.

20 (4) PLACE OF SERVICE.—All process of any

21 court to which application may be made under this

22 section may be served in the judicial district in

23 which the person required to be served resides or

24 may be found.
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1 (d) FACILITIES AND SUPPORT SERVICES.—The Ad2 ministrator of General Services shall provide to the Com3 mission on a reimbursable basis such facilities and support

4 services as the Commission may request. Upon request of

5 the Commission, the head of a Federal department or

6 agency may make any of the facilities and services of such

7 agency available to the Commission to assist the Commis8 sion in carrying out its duties under this Act.

9 (e) EXPENDITURES AND CONTRACTS.—The Commis10 sion or, on authorization of the Commission, a member

11 of the Commission may make expenditures and enter into

12 contracts for the procurement of such supplies, services,

13 and property as the Commission or member considers ap14 propriate for the purposes of carrying out the duties of

15 the Commission. Such expenditures and contracts may be

16 made only to such extent or in such amounts as are pro17 vided in appropriations Acts.

18 (f) MAILS.—The Commission may use the United

19 States mails in the same manner and under the same con20 ditions as other Federal departments and agencies of the

21 United States.

22 SEC. 6. COMPENSATION OF THE COMMISSION.

23 (a) PAY.—Each member of the Commission shall be

24 a full-time Federal employee and shall be paid at an an25 nual rate of basic pay payable for level II of the Executive
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1 Schedule under section 5313 of title 5, United States

2 Code.

3 (b) TRAVEL.—Members of the Commission shall be

4 reimbursed for travel, subsistence, and other necessary ex5 penses incurred by them in the performance of their du6 ties.

7 SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULT8 ANTS.

9 (a) STAFF.—

10 (1) APPOINTMENT.—The Chairman of the

11 Commission may appoint and terminate no more

12 than ten staff personnel to enable the Commission to

13 perform its duties.

14 (2) COMPENSATION.—The Chairman of the

15 Commission may fix the compensation of personnel

16 without regard to the provisions of chapter 51 and

17 subchapter II of chapter 53 of title 5, United States

18 Code, relating to classification of positions and Gen19 eral Schedule pay rates, except that the rate of pay

20 may not exceed the rate payable for level V of the

21 Executive Schedule under section 5316 of such title.

22 (b) EXPERTS AND CONSULTANTS.—The Commission

23 may procure temporary and intermittent services of ex24 perts and consultants under section 3109(b) of title 5,

25 United States Code.
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1 SEC. 8. REPORT TO CONGRESS.

2 No later than three years after the date of the enact3 ment of this Act, the Commission shall submit a report

4 to the Congress on the need for continuing the antitrust

5 exemption for Major League Baseball and the possible ef6 fects resulting from the elimination of such exemption.

7 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated $1,500,000 to

9 carry out this Act.

10 SEC. 10. EFFECTIVE DATE.

11 This Act shall take effect on the date of enactment.

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