Sec. 3. Commission
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There is established the Advisory Commission on Sports and the Public Interest (in this Act referred to as the Commission ). The Commission shall be composed of 7 members, of whom— 1 shall be the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice; 1 shall be the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice; 1 shall be the Director of the Office on Violence Against Women of the Department of Justice; 1 shall be the Director of the National Institute on Occupational Safety and Health; 1 shall be the Secretary of Labor; 1 shall be the Chairman of the Federal Trade Commission; and 1 shall be appointed by the President.
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. 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. The Commission shall meet at the call of the Chairperson. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
The Commission shall select a Chairperson and Vice Chairperson from among its members. 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— 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; the conduct of the employees, officials, and agents of the leagues and their member clubs; any costs or benefits of the antitrust exemptions for the leagues; and 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.
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 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 the minority views, if any, on any findings, conclusions, or recommendations of the Commission.
The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act— 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 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.
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. 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. The Commission may accept, use, and dispose of gifts or donations of services or property.
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. 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. 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. 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. 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. 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. 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. 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. Clause
(i)shall not be construed to apply to members of the Commission. 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. 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. Section 14(a)(2) of the Federal Advisory Committee Act shall not apply to the Commission. 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.