II 

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. 

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 ‘‘Sustained Promotion 

5 of Responsibility in Team Sports Act’’ or the ‘‘SPORTS 

6 Act’’. 

7 SEC. 2. ANTITRUST EXEMPTIONS SUNSET. 

8 (a) DEFINITION.—In this section, the term ‘‘Sports 

9 Broadcasting Act of 1961’’ means the Act of September 

10 30, 1961 (15 U.S.C. 1291 et seq.). 


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1 (b) AMENDMENTS.— 

2 (1) FOOTBALL.—The Sports Broadcasting Act 

3 of 1961 is amended— 

4 (A) in the first section (15 U.S.C. 1291), 

5 by striking ‘‘football,’’ each place it appears; 

6 (B) by striking section 3 (15 U.S.C. 

7 1293); and 

8 (C) in section 4 (15 U.S.C. 1294), by 

9 striking ‘‘football,’’. 

10 (2) BASEBALL.—The Sports Broadcasting Act 

11 of 1961 is amended— 

12 (A) in the first section (15 U.S.C. 1291), 

13 by striking ‘‘baseball,’’ each place it appears; 

14 and 

15 (B) in section 4 (15 U.S.C. 1294)— 

16 (i) by striking ‘‘Nothing contained in 

17 this Act’’ and inserting ‘‘(a) Except as pro18 vided in subsection (b), nothing contained 

19 in this Act’’; 

20 (ii) by striking ‘‘baseball,’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(b) The antitrust laws, as defined in section 1 of 

24 the Act of October 15, 1914, or in the Federal Trade 

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1 pating in professional baseball in connection with any 

2 agreement relating to the sponsored telecasting of baseball 

3 games.’’. 

4 (3) BASKETBALL.—The Sports Broadcasting 

5 Act of 1961 is amended— 

6 (A) in the first section (15 U.S.C. 1291), 

7 by striking ‘‘basketball,’’ each place it appears; 

8 and 

9 (B) in section 4 (15 U.S.C. 1294), by 

10 striking ‘‘basketball,’’. 

11 (4) HOCKEY.—The Sports Broadcasting Act of 

12 1961 is amended— 

13 (A) in the first section (15 U.S.C. 1291), 

14 by striking ‘‘or hockey’’ each place it appears; 

15 and 

16 (B) in section 4 (15 U.S.C. 1294), by 

17 striking ‘‘or hockey’’. 

18 (c) EFFECTIVE DATES.— 

19 (1) FOOTBALL.—The amendments made by 

20 subsection (b)(1) shall take effect 1 year after the 

21 date of enactment of this Act. 

22 (2) BASEBALL.—The amendments made by 

23 subsection (b)(2) shall take effect 1 year after the 

24 date of enactment of this Act. 


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1 (3) BASKETBALL.—The amendments made by 

2 subsection (b)(3) shall take effect 1 year after the 

3 date of enactment of this Act. 

4 (4) HOCKEY.—The amendments made by sub5 section (b)(4) shall take effect 1 year after the date 

6 of enactment of this Act. 

7 SEC. 3. COMMISSION. 

8 (a) ESTABLISHMENT OF COMMISSION.— 

9 (1) ESTABLISHMENT.—There is established the 

10 Advisory Commission on Sports and the Public In11 terest (in this Act referred to as the ‘‘Commission’’). 

12 (2) MEMBERSHIP.—The Commission shall be 

13 composed of 7 members, of whom— 

14 (A) 1 shall be the Assistant Attorney Gen15 eral in charge of the Civil Rights Division of 

16 the Department of Justice; 

17 (B) 1 shall be the Assistant Attorney Gen18 eral in charge of the Antitrust Division of the 

19 Department of Justice; 

20 (C) 1 shall be the Director of the Office on 

21 Violence Against Women of the Department of 

22 Justice; 

23 (D) 1 shall be the Director of the National 

24 Institute on Occupational Safety and Health; 

25 (E) 1 shall be the Secretary of Labor; 


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1 (F) 1 shall be the Chairman of the Federal 

2 Trade Commission; and 

3 (G) 1 shall be appointed by the President. 

4 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

5 Members shall serve for the life of the Commission. 

6 Any vacancy in the Commission shall not affect its 

7 powers, but shall be filled in the same manner as the 

8 original appointment. 

9 (4) INITIAL MEETING.—Not later than 30 days 

10 after the date on which all members of the Commis11 sion have been appointed, the Commission shall hold 

12 its first meeting. 

13 (5) MEETINGS.—The Commission shall meet at 

14 the call of the Chairperson. 

15 (6) QUORUM.—A majority of the members of 

16 the Commission shall constitute a quorum, but a 

17 lesser number of members may hold hearings. 

18 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

19 The Commission shall select a Chairperson and Vice 

20 Chairperson from among its members. 

21 (b) DUTIES OF THE COMMISSION.— 

22 (1) INVESTIGATION AND RECOMMENDATIONS.— 

23 The Commission shall conduct a thorough investiga24 tion of, and develop recommendations relating to, 

25 the policies and conduct of the professional sports 


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1 leagues covered under the antitrust exemptions 

2 under the Act of September 30, 1961 (15 U.S.C. 

3 1291 et seq.) (commonly known as the ‘‘Sports 

4 Broadcasting Act of 1961’’) regarding— 

5 (A) the treatment by the leagues and the 

6 member clubs of the leagues of employees and 

7 contractors of the leagues and member clubs 

8 and volunteers providing services to the league 

9 or the member clubs; 

10 (B) the conduct of the employees, officials, 

11 and agents of the leagues and their member 

12 clubs; 

13 (C) any costs or benefits of the antitrust 

14 exemptions for the leagues; and 

15 (D) other issues that the Commission, by 

16 a vote of the majority of the members of the 

17 Commission, determines constitute important 

18 considerations for Congress in determining 

19 whether to reauthorize the antitrust exemptions 

20 for the leagues. 

21 (2) REPORTS.—Not later than 95 days before 

22 the date that is 1 year after the date of enactment 

23 of this Act, and every 5 years thereafter, the Com24 mission shall submit to the Committee on the Judi25 ciary and the Committee on Commerce of the Senate 


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1 and the Committee on the Judiciary and the Com2 mittee on Energy and Commerce of the House of 

3 Representatives a report, which shall contain— 

4 (A) a detailed statement of the findings, 

5 conclusions, and recommendations of the inves6 tigation of the Commission, together with any 

7 recommendations for such legislation or admin8 istrative actions as the Commission considers 

9 appropriate; and 

10 (B) the minority views, if any, on any find11 ings, conclusions, or recommendations of the 

12 Commission. 

13 (c) POWERS OF THE COMMISSION.— 

14 (1) HEARINGS.—The Commission or, at its di15 rection, any subcommittee or member of the Com16 mission, may, for the purpose of carrying out this 

17 Act— 

18 (A) hold such hearings, sit and act at such 

19 times and places, take such testimony, receive 

20 such evidence, and administer such oaths as the 

21 Commission or such subcommittee or member 

22 considers advisable; and 

23 (B) require, by subpoena or otherwise, the 

24 attendance and testimony of such witnesses and 

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1 respondence, memoranda, papers, documents, 

2 tapes, and materials as the Commission or such 

3 subcommittee or member considers advisable. 

4 (2) INFORMATION FROM FEDERAL AGENCIES.— 

5 The Commission may secure directly from any Fed6 eral department or agency such information as the 

7 Commission considers necessary to carry out this 

8 Act. Upon request of the Chairman of the Commis9 sion, the head of such department or agency shall 

10 furnish such information to the Commission. 

11 (3) POSTAL SERVICES.—The Commission may 

12 use the United States mails in the same manner and 

13 under the same conditions as other departments and 

14 agencies of the Federal Government. 

15 (4) GIFTS.—The Commission may accept, use, 

16 and dispose of gifts or donations of services or prop17 erty. 

18 (5) ISSUANCE AND ENFORCEMENT OF SUB19 POENAS.— 

20 (A) ISSUANCE.—Subpoenas issued under 

21 paragraph (1) shall bear the signature of the 

22 Chairman of the Commission and shall be 

23 served by any person or class of persons des24 ignated by the Chairman for that purpose. 


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1 (B) ENFORCEMENT.—In the case of contu2 macy or failure to obey a subpoena issued 

3 under paragraph (1), the United States district 

4 court for the judicial district in which the sub5 poenaed person resides, is served, or may be 

6 found may issue an order requiring such person 

7 to appear at any designated place to testify or 

8 to produce documentary or other evidence. Any 

9 failure to obey the order of the court may be 

10 punished by the court as a contempt that court. 

11 (6) WITNESS ALLOWANCES AND FEES.—Section 

12 1821 of title 28, United States Code, shall apply to 

13 witnesses requested or subpoenaed to appear at any 

14 hearing of the Commission. The per diem and mile15 age allowances for witnesses shall be paid from 

16 funds available to pay the expenses of the Commis17 sion. 

18 (d) COMMISSION PERSONNEL MATTERS.— 

19 (1) COMPENSATION OF MEMBERS.—Each mem20 ber of the Commission who is not an officer or em21 ployee of the Federal Government shall be com22 pensated at a rate equal to the daily equivalent of 

23 the annual rate of basic pay prescribed for level IV 

24 of the Executive Schedule under section 5315 of title 

25 5, United States Code, for each day (including travel 


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1 time) during which such member is engaged in the 

2 performance of the duties of the Commission. All 

3 members of the Commission who are officers or em4 ployees of the United States shall serve without com5 pensation in addition to that received for their serv6 ices as officers or employees of the United States. 

7 (2) TRAVEL EXPENSES.—The members of the 

8 Commission shall be allowed travel expenses, includ9 ing per diem in lieu of subsistence, at rates author10 ized for employees of agencies under subchapter I of 

11 chapter 57 of title 5, United States Code, while 

12 away from their homes or regular places of business 

13 in the performance of services for the Commission. 

14 (3) STAFF.— 

15 (A) IN GENERAL.—The Chairman of the 

16 Commission may, without regard to the civil 

17 service laws and regulations, appoint and termi18 nate an executive director and such other addi19 tional personnel as may be necessary to enable 

20 the Commission to perform its duties. The em21 ployment of an executive director shall be sub22 ject to confirmation by the Commission. 

23 (B) COMPENSATION.—The Chairman of 

24 the Commission may fix the compensation of 

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1 out regard to chapter 51 and subchapter III of 

2 chapter 53 of title 5, United States Code, relat3 ing to classification of positions and General 

4 Schedule pay rates, except that the rate of pay 

5 for the executive director and other personnel 

6 may not exceed the rate payable for level V of 

7 the Executive Schedule under section 5316 of 

8 such title. 

9 (C) PERSONNEL AS FEDERAL EMPLOY10 EES.— 

11 (i) IN GENERAL.—The executive di12 rector and any personnel of the Commis13 sion who are employees shall be employees 

14 under section 2105 of title 5, United 

15 States Code, for purposes of chapters 63, 

16 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 

17 of that title. 

18 (ii) MEMBERS OF COMMISSION.— 

19 Clause (i) shall not be construed to apply 

20 to members of the Commission. 

21 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

22 Any Federal Government employee may be detailed 

23 to the Commission without reimbursement, and such 

24 detail shall be without interruption or loss of civil 

25 service status or privilege. 


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1 (5) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Chairman of the Commis3 sion may procure temporary and intermittent serv4 ices under section 3109(b) of title 5, United States 

5 Code, at rates for individuals which do not exceed 

6 the daily equivalent of the annual rate of basic pay 

7 prescribed for level V of the Executive Schedule 

8 under section 5316 of such title. 

9 (e) NONTERMINATION OF THE COMMISSION.—Sec10 tion 14(a)(2) of the Federal Advisory Committee Act shall 

11 not apply to the Commission. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Commission such 

14 sums as are necessary to carry out the duties of the Com15 mission under this Act. 

16 SEC. 4. EXPEDITED PROCESS FOR EXTENSION OF SUNSET. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the term ‘‘day of continuous session’’, with 

19 respect to a House of Congress, does not include a 

20 period during which that House has adjourned sine 

21 die or during which that House is not in session be22 cause of an adjournment of more than 3 days to a 

23 date certain; and 

24 (2) the term ‘‘joint resolution’’ means a joint 

25 resolution— 


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1 (A) introduced during the 95-day period 

2 ending on the day before the date on which the 

3 amendments relating to the professional sport 

4 to which the joint resolution relates are sched5 uled to take effect under section 2(c); 

6 (B) which does not have a preamble; 

7 (C) the title of which is only as follows: 

8 ‘‘Joint resolution relating to extension of cer9 tain antitrust exemptions for professional 

10 llllllll.’’, the blank space being 

11 filled in with the professional sport to which the 

12 joint resolution relates; and 

13 (D) the matter after the resolving clause of 

14 which is only as follows: ‘‘That section 2(c)ll 

15 of the SPORTS Act is amended by striking 

16 ‘lllllll’ and inserting 

17 ‘llllll’.’’, with— 

18 (i) the first blank space being filled in 

19 with the paragraph of section 2(c) that 

20 corresponds to the professional sport to 

21 which the joint resolution relates; 

22 (ii) the second blank space being filled 

23 in with the number of years specified in 

24 the paragraph described in clause (i) on 


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1 the date on which the joint resolution is in2 troduced; and 

3 (iii) the third blank space being filled 

4 in with the number of years equal to the 

5 sum of the number of years described in 

6 clause (ii) and 5 years. 

7 (b) EXPEDITED CONSIDERATION IN HOUSE OF REP8 RESENTATIVES.— 

9 (1) INTRODUCTION.— 

10 (A) IN GENERAL.—Not later than the end 

11 of the second day of continuous session of the 

12 House of Representatives after the date on 

13 which the Commission submits a report under 

14 section 3(b)(2), the Speaker of the House of 

15 Representatives shall introduce a joint resolu16 tion relating to each professional sport for 

17 which an amendment under section 2(b) has 

18 not taken effect. 

19 (B) OTHER MEMBERS.—If the Speaker of 

20 the House of Representatives does not intro21 duce a joint resolution under subparagraph (A) 

22 relating to a professional sport for which an 

23 amendment under section 2(b) has not taken 

24 effect, during the period beginning on the third 

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1 resentatives after the date on which the Com2 mission submits a report under section 3(b)(2) 

3 and ending on the day before the date on which 

4 the amendments under section 2(c) relating to 

5 the applicable professional sport take effect, it 

6 shall be in order for any Member of the House 

7 of Representatives to introduce a joint resolu8 tion relating to the applicable professional 

9 sport. 

10 (C) SINGLE JOINT RESOLUTION FOR A

11 PROFESSIONAL SPORT.—If a joint resolution re12 lating to a professional sport is introduced in 

13 the House of Representatives, it shall not be in 

14 order to introduce a joint resolution relating to 

15 that professional sport in the House of Rep16 resentatives until after the date on which the 

17 Commission submits the next report required 

18 under section 3(b)(2). 

19 (2) REPORTING AND DISCHARGE.—Any com20 mittee of the House of Representatives to which a 

21 joint resolution is referred shall report it to the 

22 House of Representatives not later than 35 calendar 

23 days after the date on which the Commission sub24 mits the applicable report under section 3(b)(2). If 

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1 in that period, the committee shall be discharged 

2 from further consideration of the joint resolution 

3 and the joint resolution shall be referred to the ap4 propriate calendar. 

5 (3) PROCEEDING TO CONSIDERATION.—After 

6 each committee authorized to consider a joint resolu7 tion reports it to the House of Representatives or 

8 has been discharged from its consideration, it shall 

9 be in order, not later than the day before the date 

10 on which the amendments under section 2(c) relat11 ing to the applicable professional sport take effect, 

12 to move to proceed to consider the joint resolution 

13 in the House of Representatives. All points of order 

14 against the motion are waived. During the 95-day 

15 period described in subsection (a)(2)(A) relating to 

16 a joint resolution relating to a professional sport, 

17 such a motion shall not be in order after the House 

18 of Representatives has disposed of a motion to pro19 ceed on the joint resolution. The previous question 

20 shall be considered as ordered on the motion to its 

21 adoption without intervening motion. The motion 

22 shall not be debatable. A motion to reconsider the 

23 vote by which the motion is disposed of shall not be 

24 in order. 

25 (4) FLOOR CONSIDERATION.— 


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1 (A) IN GENERAL.—The joint resolution 

2 shall be considered as read. All points of order 

3 against the joint resolution and against its con4 sideration are waived. 

5 (B) CONSIDERATION.—The previous ques6 tion shall be considered as ordered on the joint 

7 resolution to its passage without intervening 

8 motion except 4 hours of debate equally divided 

9 and controlled by the proponent and an oppo10 nent. A motion to reconsider the vote on pas11 sage of the joint resolution shall not be in 

12 order. 

13 (c) EXPEDITED PROCEDURE IN SENATE.— 

14 (1) INTRODUCTION.— 

15 (A) IN GENERAL.—Not later than the end 

16 of the second day of continuous session of the 

17 Senate after the date on which the Commission 

18 submits a report under section 3(b)(2), the Ma19 jority Leader of the Senate shall introduce a 

20 joint resolution relating to each professional 

21 sport for which an amendment under section 

22 2(b) has not taken effect. 

23 (B) OTHER MEMBERS.—If the Majority 

24 Leader of the Senate does not introduce a joint 

25 resolution under subparagraph (A) relating to a 


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1 professional sport for which an amendment 

2 under section 2(b) has not taken effect, during 

3 the period beginning on the third day of contin4 uous session of the Senate after the date on 

5 which the Commission submits a report under 

6 section 3(b)(2) and ending on the day before 

7 the date on which the amendments under sec8 tion 2(c) relating to the applicable professional 

9 sport take effect, it shall be in order for any 

10 Member of the Senate to introduce a joint reso11 lution relating to the applicable professional 

12 sport. 

13 (C) SINGLE JOINT RESOLUTION FOR A

14 PROFESSIONAL SPORT.—If a joint resolution re15 lating to a professional sport is introduced in 

16 the Senate, it shall not be in order to introduce 

17 a joint resolution relating to that professional 

18 sport in the Senate until after the date on 

19 which the Commission submits the next report 

20 required under section 3(b)(2). 

21 (2) REPORTING AND DISCHARGE.—Any com22 mittee of the Senate to which a joint resolution is 

23 referred shall report it to the Senate without amend24 ment not later than 35 calendar days after the date 

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1 port under section 3(b)(2). If a committee fails to 

2 report the joint resolution within that period, the 

3 committee shall be discharged from further consider4 ation of the joint resolution and the joint resolution 

5 shall be placed on the Calendar of Business. 

6 (3) FLOOR CONSIDERATION.— 

7 (A) IN GENERAL.—Notwithstanding rule 

8 XXII of the Standing Rules of the Senate, after 

9 each committee authorized to consider a joint 

10 resolution reports it to the Senate or has been 

11 discharged from its consideration, it is in order, 

12 not later than the day before the date on which 

13 the amendments under section 2(c) relating to 

14 the applicable professional sport take effect, 

15 (even though a previous motion to the same ef16 fect has been disagreed to) to move to proceed 

17 to the consideration of the joint resolution, and 

18 all points of order against the joint resolution 

19 (and against consideration of the joint resolu20 tion) are waived. The motion to proceed is not 

21 debatable. The motion is not subject to a mo22 tion to postpone. A motion to reconsider the 

23 vote by which the motion is agreed to or dis24 agreed to shall not be in order. If a motion to 

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1 tion is agreed to, the joint resolution shall re2 main the unfinished business until disposed of. 

3 (B) CONSIDERATION.—Debate on a joint 

4 resolution, and on all debatable motions and ap5 peals in connection therewith, shall be limited 

6 to not more than 10 hours, which shall be di7 vided equally between the majority and minority 

8 leaders or their designees. A motion further to 

9 limit debate is in order and not debatable. An 

10 amendment to, or a motion to postpone, or a 

11 motion to proceed to the consideration of other 

12 business, or a motion to recommit the joint res13 olution is not in order. 

14 (C) VOTE ON PASSAGE.—The vote on pas15 sage of a joint resolution shall occur imme16 diately following the conclusion of the debate on 

17 a joint resolution, and a single quorum call at 

18 the conclusion of the debate if requested in ac19 cordance with the rules of the Senate. 

20 (D) RULINGS OF THE CHAIR ON PROCE21 DURE.—Appeals from the decisions of the Chair 

22 relating to the application of the rules of the 

23 Senate, as the case may be, to the procedure re24 lating to a joint resolution shall be decided 

25 without debate. 


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1 (d) RULES RELATING TO SENATE AND HOUSE OF

2 REPRESENTATIVES.— 

3 (1) COORDINATION WITH ACTION BY OTHER

4 HOUSE.—If, before the passage by one House of a 

5 joint resolution of that House relating to a profes6 sional sport, that House receives from the other 

7 House a joint resolution relating to the same profes8 sional sport— 

9 (A) the joint resolution of the other House 

10 shall not be referred to a committee; and 

11 (B) with respect to a joint resolution of the 

12 House receiving the resolution relating to the 

13 same professional sport— 

14 (i) the procedure in that House shall 

15 be the same as if no joint resolution had 

16 been received from the other House; but 

17 (ii) the vote on passage shall be on 

18 the joint resolution of the other House re19 lating to the same professional sport. 

20 (2) TREATMENT OF JOINT RESOLUTION OF

21 OTHER HOUSE.—If one House fails to introduce or 

22 consider a joint resolution relating to a professional 

23 sport under this section, the joint resolution of the 

24 other House relating to the same professional sport 


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1 shall be entitled to expedited floor procedures under 

2 this section. 

3 (3) TREATMENT OF COMPANION MEASURES.— 

4 If, following passage of a joint resolution relating to 

5 a professional sport in the Senate, the Senate then 

6 receives the companion measure from the House of 

7 Representatives relating to the same professional 

8 sport, the companion measure shall not be debat9 able. 

10 (e) VETOES.—If the President vetoes a joint resolu11 tion, debate on a veto message in the Senate under this 

12 section shall be 1 hour equally divided between the major13 ity and minority leaders or their designees. 

14 (f) TIME LIMITATION.—It shall not be in order to 

15 consider a joint resolution under this section on or after 

16 the date on which the amendments relating to the profes17 sional sport to which the joint resolution relates take effect 

18 under section 2(c). 

19 (g) RULES OF HOUSE OF REPRESENTATIVES AND

20 SENATE.—This section is enacted by Congress— 

21 (1) as an exercise of the rulemaking power of 

22 the Senate and House of Representatives, respec23 tively, and as such it is deemed a part of the rules 

24 of each House, respectively, but applicable only with 

25 respect to the procedure to be followed in that 


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1 House in the case of a joint resolution, and it super2 sedes other rules only to the extent that it is incon3 sistent with such rules; and 

4 (2) with full recognition of the constitutional 

5 right of either House to change the rules (so far as 

6 relating to the procedure of that House) at any time, 

7 in the same manner, and to the same extent as in 

8 the case of any other rule of that House. 

Æ 


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