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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2974 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2974

To provide for a review of, and repeal of, the antitrust exemptions for 
                          professional sports.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2014

Mr. Blumenthal introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide for a review of, and repeal of, the antitrust exemptions for 
                          professional sports.

    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 ``Sustained Promotion of 
Responsibility in Team Sports Act'' or the ``SPORTS Act''.

SEC. 2. ANTITRUST EXEMPTIONS SUNSET.

    (a) Definition.--In this section, the term ``Sports Broadcasting 
Act of 1961'' means the Act of September 30, 1961 (15 U.S.C. 1291 et 
seq.).
    (b) Amendments.--
            (1) Football.--The Sports Broadcasting Act of 1961 is 
        amended--
                    (A) in the first section (15 U.S.C. 1291), by 
                striking ``football,'' each place it appears;
                    (B) by striking section 3 (15 U.S.C. 1293); and
                    (C) in section 4 (15 U.S.C. 1294), by striking 
                ``football,''.
            (2) Baseball.--The Sports Broadcasting Act of 1961 is 
        amended--
                    (A) in the first section (15 U.S.C. 1291), by 
                striking ``baseball,'' each place it appears; and
                    (B) in section 4 (15 U.S.C. 1294)--
                            (i) by striking ``Nothing contained in this 
                        Act'' and inserting ``(a) Except as provided in 
                        subsection (b), nothing contained in this 
                        Act'';
                            (ii) by striking ``baseball,''; and
                            (iii) by adding at the end the following:
    ``(b) The antitrust laws, as defined in section 1 of the Act of 
October 15, 1914, or in the Federal Trade Commission Act shall apply to 
a league of clubs participating in professional baseball in connection 
with any agreement relating to the sponsored telecasting of baseball 
games.''.
            (3) Basketball.--The Sports Broadcasting Act of 1961 is 
        amended--
                    (A) in the first section (15 U.S.C. 1291), by 
                striking ``basketball,'' each place it appears; and
                    (B) in section 4 (15 U.S.C. 1294), by striking 
                ``basketball,''.
            (4) Hockey.--The Sports Broadcasting Act of 1961 is 
        amended--
                    (A) in the first section (15 U.S.C. 1291), by 
                striking ``or hockey'' each place it appears; and
                    (B) in section 4 (15 U.S.C. 1294), by striking ``or 
                hockey''.
    (c) Effective Dates.--
            (1) Football.--The amendments made by subsection (b)(1) 
        shall take effect 1 year after the date of enactment of this 
        Act.
            (2) Baseball.--The amendments made by subsection (b)(2) 
        shall take effect 1 year after the date of enactment of this 
        Act.
            (3) Basketball.--The amendments made by subsection (b)(3) 
        shall take effect 1 year after the date of enactment of this 
        Act.
            (4) Hockey.--The amendments made by subsection (b)(4) shall 
        take effect 1 year after the date of enactment of this Act.

SEC. 3. COMMISSION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established the Advisory 
        Commission on Sports and the Public Interest (in this Act 
        referred to as the ``Commission'').
            (2) Membership.--The Commission shall be composed of 7 
        members, of whom--
                    (A) 1 shall be the Assistant Attorney General in 
                charge of the Civil Rights Division of the Department 
                of Justice;
                    (B) 1 shall be the Assistant Attorney General in 
                charge of the Antitrust Division of the Department of 
                Justice;
                    (C) 1 shall be the Director of the Office on 
                Violence Against Women of the Department of Justice;
                    (D) 1 shall be the Director of the National 
                Institute on Occupational Safety and Health;
                    (E) 1 shall be the Secretary of Labor;
                    (F) 1 shall be the Chairman of the Federal Trade 
                Commission; and
                    (G) 1 shall be appointed by the President.
            (3) Period of appointment; vacancies.--Members shall serve 
        for the life of the Commission. Any vacancy in the Commission 
        shall not affect its powers, but shall be filled in the same 
        manner as the original appointment.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--The Commission shall 
        select a Chairperson and Vice Chairperson from among its 
        members.
    (b) Duties of the Commission.--
            (1) Investigation and recommendations.--The Commission 
        shall conduct a thorough investigation of, and develop 
        recommendations relating to, the policies and conduct of the 
        professional sports leagues covered under the antitrust 
        exemptions under the Act of September 30, 1961 (15 U.S.C. 1291 
        et seq.) (commonly known as the ``Sports Broadcasting Act of 
        1961'') regarding--
                    (A) the treatment by the leagues and the member 
                clubs of the leagues of employees and contractors of 
                the leagues and member clubs and volunteers providing 
                services to the league or the member clubs;
                    (B) the conduct of the employees, officials, and 
                agents of the leagues and their member clubs;
                    (C) any costs or benefits of the antitrust 
                exemptions for the leagues; and
                    (D) other issues that the Commission, by a vote of 
                the majority of the members of the Commission, 
                determines constitute important considerations for 
                Congress in determining whether to reauthorize the 
                antitrust exemptions for the leagues.
            (2) Reports.--Not later than 95 days before the date that 
        is 1 year after the date of enactment of this Act, and every 5 
        years thereafter, the Commission shall submit to the Committee 
        on the Judiciary and the Committee on Commerce of the Senate 
        and the Committee on the Judiciary and the Committee on Energy 
        and Commerce of the House of Representatives a report, which 
        shall contain--
                    (A) a detailed statement of the findings, 
                conclusions, and recommendations of the investigation 
                of the Commission, together with any recommendations 
                for such legislation or administrative actions as the 
                Commission considers appropriate; and
                    (B) the minority views, if any, on any findings, 
                conclusions, or recommendations of the Commission.
    (c) Powers of the Commission.--
            (1) Hearings.--The Commission or, at its direction, any 
        subcommittee or member of the Commission, may, for the purpose 
        of carrying out this Act--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths as the Commission or such 
                subcommittee or member considers advisable; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials as 
                the Commission or such subcommittee or member considers 
                advisable.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to carry out 
        this Act. Upon request of the Chairman of the Commission, the 
        head of such department or agency shall furnish such 
        information to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (5) Issuance and enforcement of subpoenas.--
                    (A) Issuance.--Subpoenas issued under paragraph (1) 
                shall bear the signature of the Chairman of the 
                Commission and shall be served by any person or class 
                of persons designated by the Chairman for that purpose.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph (1), 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found may issue an order requiring 
                such person to appear at any designated place to 
                testify or to produce documentary or other evidence. 
                Any failure to obey the order of the court may be 
                punished by the court as a contempt that court.
            (6) Witness allowances and fees.--Section 1821 of title 28, 
        United States Code, shall apply to witnesses requested or 
        subpoenaed to appear at any hearing of the Commission. The per 
        diem and mileage allowances for witnesses shall be paid from 
        funds available to pay the expenses of the Commission.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission. All members of the Commission who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairman of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The Chairman of the Commission 
                may fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III 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 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
                    (C) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any personnel of the Commission who are 
                        employees shall be employees under section 2105 
                        of title 5, United States Code, for purposes of 
                        chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, 
                        and 90 of that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not be construed to apply to members of 
                        the Commission.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairman of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Nontermination of the Commission.--Section 14(a)(2) of the 
Federal Advisory Committee Act shall not apply to the Commission.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such sums as are necessary to carry out 
the duties of the Commission under this Act.

SEC. 4. EXPEDITED PROCESS FOR EXTENSION OF SUNSET.

    (a) Definitions.--In this section--
            (1) the term ``day of continuous session'', with respect to 
        a House of Congress, does not include a period during which 
        that House has adjourned sine die or during which that House is 
        not in session because of an adjournment of more than 3 days to 
        a date certain; and
            (2) the term ``joint resolution'' means a joint 
        resolution--
                    (A) introduced during the 95-day period ending on 
                the day before the date on which the amendments 
                relating to the professional sport to which the joint 
                resolution relates are scheduled to take effect under 
                section 2(c);
                    (B) which does not have a preamble;
                    (C) the title of which is only as follows: ``Joint 
                resolution relating to extension of certain antitrust 
                exemptions for professional ________.'', the blank 
                space being filled in with the professional sport to 
                which the joint resolution relates; and
                    (D) the matter after the resolving clause of which 
                is only as follows: ``That section 2(c)__ of the SPORTS 
                Act is amended by striking `_______' and inserting 
                `______'.'', with--
                            (i) the first blank space being filled in 
                        with the paragraph of section 2(c) that 
                        corresponds to the professional sport to which 
                        the joint resolution relates;
                            (ii) the second blank space being filled in 
                        with the number of years specified in the 
                        paragraph described in clause (i) on the date 
                        on which the joint resolution is introduced; 
                        and
                            (iii) the third blank space being filled in 
                        with the number of years equal to the sum of 
                        the number of years described in clause (ii) 
                        and 5 years.
    (b) Expedited Consideration in House of Representatives.--
            (1) Introduction.--
                    (A) In general.--Not later than the end of the 
                second day of continuous session of the House of 
                Representatives after the date on which the Commission 
                submits a report under section 3(b)(2), the Speaker of 
                the House of Representatives shall introduce a joint 
                resolution relating to each professional sport for 
                which an amendment under section 2(b) has not taken 
                effect.
                    (B) Other members.--If the Speaker of the House of 
                Representatives does not introduce a joint resolution 
                under subparagraph (A) relating to a professional sport 
                for which an amendment under section 2(b) has not taken 
                effect, during the period beginning on the third day of 
                continuous session of the House of Representatives 
                after the date on which the Commission submits a report 
                under section 3(b)(2) and ending on the day before the 
                date on which the amendments under section 2(c) 
                relating to the applicable professional sport take 
                effect, it shall be in order for any Member of the 
                House of Representatives to introduce a joint 
                resolution relating to the applicable professional 
                sport.
                    (C) Single joint resolution for a professional 
                sport.--If a joint resolution relating to a 
                professional sport is introduced in the House of 
                Representatives, it shall not be in order to introduce 
                a joint resolution relating to that professional sport 
                in the House of Representatives until after the date on 
                which the Commission submits the next report required 
                under section 3(b)(2).
            (2) Reporting and discharge.--Any committee of the House of 
        Representatives to which a joint resolution is referred shall 
        report it to the House of Representatives not later than 35 
        calendar days after the date on which the Commission submits 
        the applicable report under section 3(b)(2). If a committee 
        fails to report the joint resolution within that period, the 
        committee shall be discharged from further consideration of the 
        joint resolution and the joint resolution shall be referred to 
        the appropriate calendar.
            (3) Proceeding to consideration.--After each committee 
        authorized to consider a joint resolution reports it to the 
        House of Representatives or has been discharged from its 
        consideration, it shall be in order, not later than the day 
        before the date on which the amendments under section 2(c) 
        relating to the applicable professional sport take effect, to 
        move to proceed to consider the joint resolution in the House 
        of Representatives. All points of order against the motion are 
        waived. During the 95-day period described in subsection 
        (a)(2)(A) relating to a joint resolution relating to a 
        professional sport, such a motion shall not be in order after 
        the House of Representatives has disposed of a motion to 
        proceed on the joint resolution. The previous question shall be 
        considered as ordered on the motion to its adoption without 
        intervening motion. The motion shall not be debatable. A motion 
        to reconsider the vote by which the motion is disposed of shall 
        not be in order.
            (4) Floor consideration.--
                    (A) In general.--The joint resolution shall be 
                considered as read. All points of order against the 
                joint resolution and against its consideration are 
                waived.
                    (B) Consideration.--The previous question shall be 
                considered as ordered on the joint resolution to its 
                passage without intervening motion except 4 hours of 
                debate equally divided and controlled by the proponent 
                and an opponent. A motion to reconsider the vote on 
                passage of the joint resolution shall not be in order.
    (c) Expedited Procedure in Senate.--
            (1) Introduction.--
                    (A) In general.--Not later than the end of the 
                second day of continuous session of the Senate after 
                the date on which the Commission submits a report under 
                section 3(b)(2), the Majority Leader of the Senate 
                shall introduce a joint resolution relating to each 
                professional sport for which an amendment under section 
                2(b) has not taken effect.
                    (B) Other members.--If the Majority Leader of the 
                Senate does not introduce a joint resolution under 
                subparagraph (A) relating to a professional sport for 
                which an amendment under section 2(b) has not taken 
                effect, during the period beginning on the third day of 
                continuous session of the Senate after the date on 
                which the Commission submits a report under section 
                3(b)(2) and ending on the day before the date on which 
                the amendments under section 2(c) relating to the 
                applicable professional sport take effect, it shall be 
                in order for any Member of the Senate to introduce a 
                joint resolution relating to the applicable 
                professional sport.
                    (C) Single joint resolution for a professional 
                sport.--If a joint resolution relating to a 
                professional sport is introduced in the Senate, it 
                shall not be in order to introduce a joint resolution 
                relating to that professional sport in the Senate until 
                after the date on which the Commission submits the next 
                report required under section 3(b)(2).
            (2) Reporting and discharge.--Any committee of the Senate 
        to which a joint resolution is referred shall report it to the 
        Senate without amendment not later than 35 calendar days after 
        the date on which the Commission submits the applicable report 
        under section 3(b)(2). If a committee fails to report the joint 
        resolution within that period, the committee shall be 
        discharged from further consideration of the joint resolution 
        and the joint resolution shall be placed on the Calendar of 
        Business.
            (3) Floor consideration.--
                    (A) In general.--Notwithstanding rule XXII of the 
                Standing Rules of the Senate, after each committee 
                authorized to consider a joint resolution reports it to 
                the Senate or has been discharged from its 
                consideration, it is in order, not later than the day 
                before the date on which the amendments under section 
                2(c) relating to the applicable professional sport take 
                effect, (even though a previous motion to the same 
                effect has been disagreed to) to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against 
                consideration of the joint resolution) are waived. The 
                motion to proceed is not debatable. The motion is not 
                subject to a motion to postpone. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of the joint resolution is agreed to, the 
                joint resolution shall remain the unfinished business 
                until disposed of.
                    (B) Consideration.--Debate on a joint resolution, 
                and on all debatable motions and appeals in connection 
                therewith, shall be limited to not more than 10 hours, 
                which shall be divided equally between the majority and 
                minority leaders or their designees. A motion further 
                to limit debate is in order and not debatable. An 
                amendment to, or a motion to postpone, or a motion to 
                proceed to the consideration of other business, or a 
                motion to recommit the joint resolution is not in 
                order.
                    (C) Vote on passage.--The vote on passage of a 
                joint resolution shall occur immediately following the 
                conclusion of the debate on a joint resolution, and a 
                single quorum call at the conclusion of the debate if 
                requested in accordance with the rules of the Senate.
                    (D) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to a joint resolution 
                shall be decided without debate.
    (d) Rules Relating to Senate and House of Representatives.--
            (1) Coordination with action by other house.--If, before 
        the passage by one House of a joint resolution of that House 
        relating to a professional sport, that House receives from the 
        other House a joint resolution relating to the same 
        professional sport--
                    (A) the joint resolution of the other House shall 
                not be referred to a committee; and
                    (B) with respect to a joint resolution of the House 
                receiving the resolution relating to the same 
                professional sport--
                            (i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            (ii) the vote on passage shall be on the 
                        joint resolution of the other House relating to 
                        the same professional sport.
            (2) Treatment of joint resolution of other house.--If one 
        House fails to introduce or consider a joint resolution 
        relating to a professional sport under this section, the joint 
        resolution of the other House relating to the same professional 
        sport shall be entitled to expedited floor procedures under 
        this section.
            (3) Treatment of companion measures.--If, following passage 
        of a joint resolution relating to a professional sport in the 
        Senate, the Senate then receives the companion measure from the 
        House of Representatives relating to the same professional 
        sport, the companion measure shall not be debatable.
    (e) Vetoes.--If the President vetoes a joint resolution, debate on 
a veto message in the Senate under this section shall be 1 hour equally 
divided between the majority and minority leaders or their designees.
    (f) Time Limitation.--It shall not be in order to consider a joint 
resolution under this section on or after the date on which the 
amendments relating to the professional sport to which the joint 
resolution relates take effect under section 2(c).
    (g) Rules of House of Representatives and Senate.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution, and it supersedes 
        other rules only to the extent that it is inconsistent with 
        such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
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