First, it is a pleasure to see Mr. Manton begin his tenure as the Subcommittee's Ranking Member after years of distinguished service to the Committee, the House, and his district.

Second, I commend Chairman Oxley for convening this hearing. If there is further action on this legislation, I strongly urge the Chairman to insist on the regular order and bring this matter to a mark-up in the subcommittee and the full Committee.

This hearing will help us evaluate the merits of the issues before us. I approach them with an open mind, though I must note my deep sympathies for those who may be in jeopardy of losing a favorite team. In my view, football fans in Cleveland have been treated shabbily. My good friend and colleague Sherrod Brown should not be the only Brown left in Cleveland.

Nevertheless, the bill proposed by Mr. Hoke and endorsed by Mr. DeLay raises some very amusing questions about their devotion to the basic commandments of modern Republican religion.

For instance:

Commandment Number One: Thou shalt not commit big government. Their bill gives the Federal government the power to decide if, when, and how football, basketball, and hockey teams can move.

Commandment Number Two: Thou shalt not clumsily impose a one-size-fits-all approach -- to Medicare, Medicaid, environmental protection, worker safety, or anything else. Under this bill, Federal law will dictate the precise terms and conditions governing when and how a team can leave a community, and mandate the expansion of professional sports leagues if a team does leave.

Commandment Number Three: Thou shalt bow down before personal property rights. This bill, according to the International Trademark Association, would violate the Constitution's takings clause by forcing the surrender of a privately-owned trademark for public use.

Commandment Number Four: State and local governments are possessed of superior wisdom and efficiency. The Mayor of Cleveland has written that H.R. 2740 is "illogical", "anti-competitive", and "patently anti-business and anti-city."

Commandment Number Five: The free market shall solve all problems. This bill has Congress establishing price controls by capping the amount of franchise fees paid to sports leagues.

Mr. Hoke's legislation would also give the Federal Trade Commission authority to enforce provisions of his bill -- the very same Federal Trade Commission that he and almost certainly every other Republican will likely vote to eliminate when the Republican budget is considered by the House today.

I cannot help but observe that if we attempted to regulate any other industry the way H.R. 2740 proposes to regulate sports franchises, the Speaker would be apoplectic. The infidels would be banished for their blasphemy. With this legislation, are we looking at heresy, hypocrisy, or simply the triumph of political expedience over principle?

Many Members of this Committee are focused on Medicare, Medicaid, FDA reform, Superfund, Safe Drinking Water, and other pressing issues of national magnitude. While home-town teams occupy a special place in the hearts of sports fans across the country, the Congress has very little experience dealing with these matters. I trust the Subcommittee and Committee will give us a full and fair opportunity to change gears from other, more important issues, if the decision is made to consider sports legislation.

I look forward to an interesting theological discussion with our witnesses.

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