I
104TH CONGRESS
2D SESSION
H. R. 3805
To establish procedures and remedies governing the relocation of certain
professional sports teams, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1996
Mr. BRYANT of Tennessee (for himself, Mr. CONYERS, Mr. WHITFIELD, Mr.
MANTON, and Mr. LARGENT) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tee on Commerce, 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 procedures and remedies governing the reloca-
tion of certain professional sports teams, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sports Relocation Re-
form Act of 1996’’.
SEC. 2. RELOCATION OF CERTAIN TEAMS.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘home territory’ means the geo-
graphic metropolitan area within which a member
team operates and plays the majority of its home
games;
(2) the term ‘interested party’ includes, with re-
spect to a member team—
(A) any political subdivision of a State that
provides, or has provided, financial assistance,
including tax abatement, for facilities (including
a stadium or arena) in which the member team
plays;
(B) a representative of the political sub-
division with jurisdiction over the geographic
area in which the stadium or arena of the mem-
ber team is located;
(C) a member team;
(D) the owner or operator of a stadium or
arena of a member team; and
(E) any other person who is determined by
the sports league of the member team to be an
affected party;
(3) the term ‘member team’ means a team of
professional athletes—
(A) organized to play professional football,
basketball, or hockey; and
(B) that is a member of a professional
sports league;
(4) the term ‘person’ means any individual,
partnership, corporation, or unincorporated associa-
tion, any combination or association thereof, or any
State or political subdivision of a State;
(5) the term ‘professional sports league’ means
an association that—
(A) is composed of 2 or more member
teams;
(B) regulates the contests and exhibitions
of its member teams; and
(C) has been engaged in competition in a
particular sport for a period of more than 7
years; and
(6) the terms ‘stadium’ and ‘arena’ mean the
principal physical facility within which a member
team has played the majority of its home games.
(b) ESTABLISHMENT OF RULE.—
(1) IN GENERAL.—Subject to the requirements
set forth in this section, any professional sports
league may establish a rule—
(A) authorizing the membership of that
league to decide whether or not a member team
of that league may be relocated outside of the
home territory of that member team; and
(B) requiring that any person seeking to
change the home territory of that member team
obtain the approval of the appropriate profes-
sional sports league.
(2) INAPPLICABILITY OF ANTITRUST LAWS.—
Notwithstanding any other provision of law, the
antitrust laws shall not apply to the enforcement or
application by a professional sports league of any
rule established pursuant to paragraph (1).
(c) PROCEDURAL REQUIREMENTS.—
(1) REQUEST FOR APPROVAL.—
(A) IN
GENERAL.—Not later than 210
days before the commencement of the season in
which a member team proposes to play in a new
location, any person seeking to change the
home territory of that member team shall sub-
mit a request for approval of the proposed
change to the appropriate professional sports
league.
(B) REQUIREMENTS.—Each request for
approval submitted under subparagraph (A)
shall—
(i) be in writing;
(ii) be delivered in person or by cer-
tified mail to each interested party by not
later than 30 days after submission to the
appropriate 
professional 
sports 
league
under subparagraph (A);
(iii) be made available by the date
specified in clause (ii) to the news media;
(iv) be published by the date specified
in clause (iii) in 1 or more newspapers of
general circulation within the home terri-
tory of the member team; and
(v) contain—
(I) an identification of the pro-
posed location of the member team;
(II) a summary of the reasons
for the change in home territory based
on the criteria described in paragraph
(2)(B); and
(III) the date on which the pro-
posed change would become effective.
(2) PROCEDURES.—
(A) ESTABLISHMENT.—Each professional
sports league shall establish rules and proce-
dures for approving or disapproving requests
submitted under paragraph (1), that shall—
(i) include criteria to be considered
and taken as a whole by the professional
sports league in approving or disapproving
such requests; and
(ii) be made available upon request to
any interested party.
(B) CRITERIA TO BE CONSIDERED.—The
criteria described in subparagraph (A)(i) shall
include—
(i) the extent to which fan loyalty to
and support for the member team has been
demonstrated, through attendance, ticket
sales, and television ratings, during the
tenure of the member team in the home
territory;
(ii) the degree to which the member
team has engaged in good faith negotia-
tions with appropriate persons concerning
the terms and conditions under which the
member team would continue to play its
games in the home territory of the member
team;
(iii) the degree to which the ownership
or management of the member team has
contributed to any circumstance that might
(viii) whether the member team pro-
poses to relocate to a territory in which no
other member team in the professional
sports league is located;
(ix) whether the stadium or arena au-
thority, if public, is opposed to the reloca-
tion;
(x) the effect that relocation would
have on contracts, agreements, or under-
standings between the member team and
public and private parties; and
(xi) any other criteria considered to be
appropriate by the professional sports
league.
(3) HEARINGS.—In determining whether to ap-
prove or disapprove a proposed request submitted
under paragraph (1), the professional sports league
shall—
(A) conduct a hearing at which interested
parties shall be afforded an opportunity to sub-
mit written testimony and exhibits; and
(B) keep a written record of that hearing
and any testimony and exhibits submitted
under subparagraph (A).
(d) JUDICIAL REVIEW.—
(1) IN GENERAL.—A decision by a professional
sports league to approve or disapprove a request
submitted under paragraph (c)(1) may only be re-
viewed in a civil action filed by an interested party
in accordance with this subsection.
(2) VENUE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), an action under this sub-
section may be filed only in the United States
District Court for the District of Columbia.
(B) EXCEPTION.—If the home territory of
the member team or the proposed home terri-
tory of the member team is located within a 50-
mile radius of the District of Columbia, an
action under this subsection may be filed only
in the United States District Court for the
Southern District of New York.
(3) TIME.—
(A) FILING.—An action under this sub-
section shall be filed not later than 14 days
after the date of the formal vote of the profes-
sional sports league approving or disapproving
the proposed relocation.
(B) REVIEW.—Not later than 30 days
after the filing of the action in accordance with
subparagraph (A), the district court shall issue
an order with respect to that action.
(4) STANDARD OF REVIEW.—The scope of judi-
cial review in any action under this subsection shall
be limited to a determination of whether—
(A) in deciding whether to approve or dis-
approve a proposed relocation, the professional
sports league failed to comply with this section;
and
(B) the decision of the professional sports
league to approve or disapprove a proposed re-
location was arbitrary or capricious.
(5) RELIEF GRANTED BY COURT.—
(A) IN
GENERAL.—In any action under
this subsection, if the district court makes a de-
termination described in subparagraph (A) or
(B) of paragraph (4), the court shall—
(i) remand the matter for further con-
sideration 
by 
the 
professional 
sports
league; and
(ii) enjoin any relocation of the mem-
ber team at issue until the professional
sports league has reconsidered the matter
in accordance with the order of the court
under this paragraph.
(B) LIMITATION
OF
COURT.—The court
may not grant any relief in any action under
this subsection other than enjoining or approv-
ing enforcement of the decision by the profes-
sional sports league to approve or disapprove a
request submitted under paragraph (c)(1).
(C) PROHIBITION OF MULTIPLE LAWSUITS
BY
OTHER
INTERESTED
PARTIES.—An inter-
ested party shall have a right of intervention in
a civil action described in paragraph (1), but
may not file an additional civil action after the
initial civil action has been filed.
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