I
104TH CONGRESS
1ST SESSION
H. R. 735
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 Commit-
tee on Commerce and, in addition, to the Committees on Economic and
Educational Opportunities and the Judiciary, for a period to be subse-
quently 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.
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 ‘‘National Commission
on Professional Baseball Act of 1995’’.
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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 ap-
point—
(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 Na-
tional Association of Professional Baseball Leagues,
Incorporated;
(4) one member after solicitation of rec-
ommendations 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 base-
ball fan organizations and the informal solicitation
of recommendations from the general public, one of
whom the President shall designate as Chairman of
the Commission.
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(b) TERM.—Members of the Commission shall be ap-
pointed 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 Commis-
sion may provide for the taking of testimony and the re-
ception 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 Com-
mission 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.
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SEC. 4. DUTIES OF THE COMMISSION.
The duties of the Commission are to oversee and in-
vestigate 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.
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(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 hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence, as the Commission con-
siders 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 Com-
mission. In addition, the Commission may request any rel-
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evant 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 sub-
poena under paragraph (1) refuses to obey the sub-
poena 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 fail-
ure 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
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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 Com-
mission by baseball players, minor league team own-
ers, or public officials; and
(2) to bring a civil action in an appropriate dis-
trict court of the United States to enjoin such act
or practice and, upon proper showing that such ac-
tion would be in the public interest, to obtain a tem-
porary restraining order or a preliminary injunction
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against such act or practice: Provided, however, That
in proper cases the Commission may seek, and upon
proper showing of proof, the court may grant a per-
manent injunction.
(f) FACILITIES AND SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission 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 Commis-
sion in carrying out its duties under this Act.
(g) EXPENDITURES AND CONTRACTS.—The Commis-
sion 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 ap-
propriate 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 appro-
priated under section 9 of this Act.
(h) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal departments and agencies of the
United States.
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SEC. 6. COMPENSATION OF THE COMMISSION.
(a) COMPENSATION.—Each member of the Commis-
sion 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 du-
ties.
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS.
(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 Gen-
eral 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.
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(b) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services of ex-
perts and consultants under section 3109(b) of title 5,
United States Code.
SEC. 8. REPORT TO CONGRESS.
(a) COMMISSION STUDY.—The Commission shall un-
dertake 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 govern-
ments, 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 Base-
ball, minor league baseball teams, major league and
minor league baseball players, baseball fans, local
governments, and taxpayers, including but not lim-
ited to proposals for—
(A) elimination of the antitrust exemption;
(B) partial elimination of the antitrust ex-
emption for purposes of labor relations between
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Major League Baseball and professional base-
ball 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 con-
tractual 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 ap-
propriate for modification of the antitrust exemption for
Major League Baseball.
SEC. 9. AUTHORIZATION AND FEES.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated 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.