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Congressional Record—Senate S13520

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Congressional Record—Senate S13520 S13520 CONGRESSIONAL RECORD — SENATE October 29, 2003 (2) Section 6401(b)(1) of such Code is amend- the Tunney Act and effectively strips in the number of antitrust conspiracies ed by striking ‘‘and G’’ and inserting ‘‘G, and the courts of the ability to engage in being detected. H’’. meaningful review of antitrust settle- Each of these three reforms are im- (d) EFFECTIVE DATE.—The amendments made by this section shall apply to obliga- ments. portant measures will significantly en- tions issued after the date of the enactment Our bill will restore the original in- hance the enforcement of our nation’s of this Act. tent of the Tunney Act by First, pro- antitrust laws. I urge my colleagues to viding that courts are to independently support this important measure. By Mr. DEWINE (for himself and determine that antitrust settlements f Mr. KOHL): are in the public interest, second, set- S. 1797. A bill to implement antitrust ting forth a specific list of factors that SUBMITTED RESOLUTIONS enforcement enhancements and co- a court must examine in the course of operation incentives; to the Committee its public interest review—rather than on the Judiciary. may consider as the statute is cur- SENATE RESOLUTION 253—TO REC- Mr. KOHL. Mr. President, I rise rently written, and third, requiring the OGNIZE THE EVOLUTION AND IM- today, with my colleague Senator government establish that substantial PORTANCE OF MOTORSPORTS DEWINE, to introduce the ‘‘Antitrust evidence and reasoned analysis sup- Mr. CAMPBELL (for himself, Mr. Criminal Penalty Enhancement and ports the government’s belief that the KYL, and Mr. NELSON of Florida) sub- Reform Act of 2003.’’ This important bi- consent judgment is in the public in- mitted the following resolution; which partisan antitrust reform bill will terest. These provisions will make was referred to the Committee on the strengthen the procedures under which clear that the court has the authority Judiciary: antitrust settlements are reviewed by to conduct a meaningful review to en- S. RES. 253 the courts, will increase criminal pen- sure that antitrust settlements are not Whereas on March 26, 1903, an automotive alties for the most egregious antitrust contrary to the public interest, or to race was held on a beach in Volusia County, violations, and will enhance the Jus- competition. Florida, inaugurating 100 years of motor- tice Department’s existing leniency Second, the bill will enhance crimi- sports; program to encourage more antitrust nal penalties for those who violate our Whereas 100 years later, motorsports are criminal wrongdoers to come forward antitrust laws. It will increase the the fastest growing sports in the country; and thereby significantly assist the De- maximum corporate penalty from $10 Whereas races occur at hundreds of partment in detecting and preventing to $100 million, will increase the max- motorsport facilities in all 50 States; antitrust conspiracies. imum individual fine from $350,000 to $1 Whereas racing fans can enjoy a wide vari- This bill will accomplish three im- million, and increase the maximum jail ety of motorsports sanctioned by organiza- tions that include Championship Auto Rac- portant goals. First, it will strengthen term for individuals who are convicted ing Teams (CART), Grand American Road the review of the Justice Department’s of criminal antitrust violations from Racing (Grand Am), Indy Racing League civil antitrust settlements under the three to ten years. These changes will (IRL), International Motorsports Association Tunney Act. The Tunney Act is an im- send the proper message that criminal (IMSA), National Association for Stock Car portant statute, passed nearly thirty antitrust violations—crimes such as Automobile Racing (NASCAR), National Hot years ago, that insures the public in- price fixing and bid rigging—com- Road Association (NHRA), Sports Car Club terest and consumers are protected mitted by business executives in a of America (SCCA), and United States Auto when the Justice Department settles boardroom are serious offense that Club (USAC); Whereas the research and development of civil antitrust cases. The Tunney Act steal from American consumers just as vehicles used in motorsports have directly requires that, before entering any pro- effectively as does a street criminal contributed to improvements in safety and posed consent judgment proposed by with a gun. We have all learned technology for the automobiles and motor the Justice Department, the court through unfortunate experience in the vehicles used by hundreds of millions of must determine that the judgment is last few years at some of our largest at Americans; in the public interest. The statute also most respected corporations the seri- Whereas 13,000,000 fans will attend contains strict procedures for the pub- ous consequences of crime in the board- NASCAR races alone in 2003; lic disclosure of proposed antitrust room, with literally tens of millions of Whereas fans of all ages spend days at motorsport facilities participating in a vari- consent decrees and an opportunity for dollars being looted from shareholders. ety of interactive theme and amusement ac- public comment. These examples of corporate malfea- tivities surrounding races; The Tunney Act was passed in 1974 in sance teach us that criminal sanctions Whereas motorsport facilities that provide response to concerns that some Justice for white collar crime must be serious these theme and amusement activities con- Department settlements were moti- enough to deter such misbehavior, and tribute millions of dollars into local econo- vated by inappropriate political pres- our bill will help ensure our antitrust mies; sure and were simply inadequate to re- penalties are strong enough to accom- Whereas motorsports make a significant store competition or protect con- plish this mission. contribution to the national economy; and Finally, this bill will give the Justice Whereas tens of millions of people in the sumers. Congress concluded that re- United States enjoy the excitement and view by the district courts to be an es- Department significant new tools speed of motorsports every week: Now, sential safeguard to deter the Justice under its antitrust leniency program. therefore, be it Department from settling cases with- The leniency program rewards the first Resolved, That the Senate recognizes the out regard for the public interest or member of a criminal antitrust con- evolution of motorsports and honors those the interest of affected consumers. The spiracy to admit its crime to the Jus- who have helped create and build this great Tunney Act was enacted to end the tice Department by granting the American pastime. then-prevalent practice of district wrongdoer criminal amnesty. This is Mr. CAMPBELL. Mr. President, judges ‘‘rubber stamping’’ antitrust an important tool for law enforcement today I am submitting a resolution consent decrees. officials to detect and break up cartels that recognizes the importance of mo- Unfortunately, in recent years, many that fix prices and limit supply in our torsports in America and their century courts—including specifically the U.S. economy. This new provision will give of evolution. 100 years ago last March, Court of Appeals for the District of Co- the Justice Department the ability to Ormond-Daytona Beach in Volusia lumbia Circuit—have misconstrued the offer those applying for leniency the County, Florida was the venue for the plain meaning of the Tunney Act and additional reward of only facing actual very first annual ‘‘Winter Automobile have returned to the practice of ‘‘rub- damages in civil suits arising out of Racing Meet.’’ This race is now recog- ber stamp’’ review of antitrust settle- the antitrust conspiracy, rather than nized as the genesis of organized auto ments. The controlling precedent in the treble damage liability to which racing, giving Ormond-Daytona Beach the D.C. Circuit is now that trial they would otherwise be subject. This the title of ‘‘Birthplace of Speed.’’ In courts must enter antitrust consent de- statutory change will remove a signifi- the decades that have followed, motor- crees as long as they do not make a cant disincentive to those who would sports have evolved from scattered im- ‘‘mockery of the judicial power.’’ This be likely to seek criminal amnesty and promptu events to the second most standard is contrary to the intent of should result in a substantial increase popular sport in the United States. VerDate jul 14 2003 03:56 Oct 30, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.084 S29PT1 October 29, 2003 CONGRESSIONAL RECORD — SENATE S13521 Motorsports is now the fastest grow- the World Series, and led Florida to the title its, to limit greenhouse gas emissions in the ing sport in the country, drawing mil- after joining the team in May of 2003; United States and reduce dependence upon lions of spectators and tens of millions Whereas Florida Marlins pitcher Josh foreign oil, and ensure benefits to consumers of television viewers each year. For ex- Beckett was named World Series Most Valu- from the trading in such allowances. able Player, after pitching a complete game, SA 2029. Mr. ALLARD submitted an ample, 13 million fans will attend 5 hit shutout, on 3 days rest in Yankee Sta- amendment intended to be proposed by him NASCAR races alone in 2003. Millions dium during Game 6 of the World Series; to the bill H.R. 1904, to improve the capacity of additional fans will attend races Whereas young stars like Miguel Cabrera, of the Secretary of Agriculture and the Sec- sanctioned by the Automobile Racing Juan Pierre, and Luis Castillo combined retary of the Interior to plan and conduct Club of America, (ACRA); Champion- with established veterans like Ivan hazardous fuels reduction projects on Na- ship Auto Racing Teams (CART); Indy Rodriguez and Jeff Conine to produce an ex- tional Forest System lands and Bureau of Racing League (IRL); and the Sports citing, never-say-die team that won over Land Management lands aimed at protecting Car Club of America (SCCA).
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