S. 2974 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2974 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. Short title This Act may be cited as the Sustained Promotion of Responsibility in Team Sports Act or the SPORTS Act. 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. 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. 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.