LRM #IMS443 - Signing Statement on S53 Curt Flood Act

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LRM ID: IMS443
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001

Tuesday, October 13, 1998

LEGISLATIVE REFERRAL MEMORANDUM


TO:                       Legislative Liaison Officer - See Distribution below

FROM:           Ingrid M. Schroeder (for) Assistant Director for Legislative
Reference
OMB CONTACT:    Ingrid M. Schroeder
                                PHONE: (202) 395-3883 FAX: (202) 395 -3109
SUBJECT:           Signing Statement on S53 Curt Flood Act

DEADLINE:                 5pm   Wednesday, October 14, 1998

In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President.  Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.

COMMENTS:
DISTRIBUTION LIST

AGENCIES:
61-JUSTICE - L. Anthony Sutin - (202) 514-2141
62-LABOR - Robert A. Shapiro - (202) 219-8201
25-COMMERCE - Michael A. Levitt - (202) 482-3151

EOP:
John THOMPSON
David J. Haun
Larry R. Matlack
Daniel J. Chenok
Steven D. Aitken
Elena Kagan
Sarah Rosen
Bruce R. Lindsey
Michelle Peterson
Robert N. Weiner
LRM ID: IMS443 SUBJECT:          Signing Statement on S53 Curt Flood Act



RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM

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TO:             Ingrid M. Schroeder Phone:   395 -3 883 Fax:  395-3109
                Office of Management and Budget
                Branch-Wide Line (to reach legislative assistant): 395-3454
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FROM:                                                     (Date)

                                                          (Name)

                                                          (Agency)

                                                          (Telephone)


The following is the response of our agency to your request for views on
the above-captioned subject:

               Concur

               No Objection

               No Comment

               See proposed edits on pages

               Other:

               FAX RETURN of       pages, attached to this response sheet

Draft Signing Statement for S. 53
         I am pleased today to sign into law S. 53, the O&Curt Flood Act of
1998.08 This legislation is the successful culmination of bipartisan
efforts to treat employment matters with respect to Major League Baseball
players under the antitrust laws in the same way such matters are treated
for athletes in other professional sports.   I particularly want to thank
Chairman Hatch, Senator Leahy, Chairman Hyde and Representative Conyers
for their efforts in guiding this legislation through Congress .
       . The Act appropriately limits baseballO,s special
judicially-created antitrust exemption by expressly applying the antitrust
laws to certain conduct of Major League .Baseball.  The legislation would
not affect the applicability of those laws to certain matters that, it has
been argued, the exemption would legitimately protect (including franchise
relocation rules and the minor leagues). The Act provides that certain
conduct of Major League Baseball is subject to the antitrust laws; the
applicability of the antitrust laws with respect to all other conduct is
unchanged. The Act in no way codifies or extends the baseball exemption.
         The Act does not in any way limit the standing of the United
States to bring an antitrust action.   The antitrust laws protect the
publicO,s interest in the efficient operation of the free market system,
thereby protecting consumers, and the United States has standing to sue to
enjoin all violations.
         Treating employment matters with respect to Major League Baseball
players under the antitrust laws in the same way such matters are treated
for athletes in other professional sports is sound policy.   I know I am
joined by millions of baseball fans in hoping that the Curt Flood Act of
1998 helps baseball avoid stoppages of play it has too often experienced
as a result of player/owner disagreements.