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 , 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 , 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 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). fans around the country during an unex- communities, watersheds, and certain other pected march to the World Series; at-risk lands from catastrophic wildfire, to Tracks are found throughout the Whereas the Florida Marlins upset the San enhance efforts to protect watersheds and country, with over 900 facilities in all Francisco Giants in 4 games to win the Divi- address threats to forest and rangeland 50 States hosting races sponsored by sion Series, then stunned the health, including catastrophic wildfire, sanctioning bodies. These tracks make by coming back from a 3 games to 1 deficit across the landscape, and for other purposes; significant contributions to the econo- to win the Championship which was ordered to lie on the table. mies of our communities, ranging from Series in 7 games; and f Whereas fans of the Florida Marlins and smaller facilities that host weekly rac- TEXT OF AMENDMENTS ing series to the largest superspeed- the South Florida community demonstrated commendable team support and pride: Now, SA 2025. Mrs. BOXER (for herself, ways such as Talladega and Daytona. therefore, be it Mrs. CLINTON, and Mr. DAYTON) pro- Fans travel hundreds and sometimes Resolved, That the Senate— thousands of miles to attend these (1) congratulates the Florida Marlins for posed an amendment to the bill H.R. races, frequently arriving several days winning the ; 1904, to improve the capacity of the ahead of the headline event. Once at (2) recognizes the achievements of the Secretary of Agriculture and the Sec- the destination track, they enjoy a va- players, coaches, and support staff who were retary of the Interior to plan and con- riety of interactive entertainment at- instrumental in securing a second World Se- duct hazardous fuels reduction projects ries title for the Florida Marlins; on National Forest System lands and tractions, including racing simulators, (3) commends the support and pride of the concerts, memorabilia vendors, hospi- Bureau of Land Management lands fans of the Florida Marlins; and aimed at protecting communities, wa- tality facilities, opportunities to meet (4) directs the Secretary of the Senate to drivers, tours of the track and garage transmit for appropriate display an enrolled tersheds, and certain other at-risk areas, etc. Motorsports entertainment copy of this resolution to— lands from catastrophic wildfire, to en- facilities are amusement parks, dedi- (A) the owner of the Florida Marlins, Jef- hance efforts to protect watersheds and cated to the themes of speed and com- frey Loria; address threats to forest and rangeland petition. (B) the general manager of the Florida health, including catastrophic wildfire, Marlins, Larry Beinfest; My resolution today recognizes the across the landscape, and for other pur- (C) the manager of the Florida Marlins, poses; as follows: importance and growth of motorsports. Jack McKeon; and I urge my colleagues to support this (D) each player and coach of the 2003 World At the appropriate place, insert the fol- resolution, which honors the motor- Series Champion Florida Marlins baseball lowing: sports entertainment industry for its team. TITLE . FIREFIGHTERS MEDICAL MONITORING ACT impressive contributions to the na- f tional economy and its ongoing evo- SEC. 1. SHORT TITLE. AMENDMENTS SUBMITTED AND lution. This Title shall be referred to as the ‘‘Fire- PROPOSED fighters Medical Monitoring Act of 2003’’. f SA 2025. Mrs. BOXER (for herself, Mrs. SECTION 2. MONITORING OF FIREFIGHTERS IN SENATE RESOLUTION 254—COM- CLINTON, and Mr. DAYTON) proposed an DISASTER AREAS. MENDING THE FLORIDA MAR- amendment to the bill H.R. 1904, to improve (a) IN GENERAL.—The National Institute LINS BASEBALL TEAM FOR WIN- the capacity of the Secretary of Agriculture for Occupational Safety and Health shall monitor the long-term medical health of NING THE 2003 WORLD SERIES and the Secretary of the Interior to plan and conduct hazardous fuels reduction projects those firefighters who fought fires in any Mr. NELSON of Florida (for himself on National Forest System lands and Bureau area declared a disaster area by the Federal and Mr. GRAHAM of Florida) submitted of Land Management lands aimed at pro- Government. the following resolution; which was tecting communities, watersheds, and cer- (b) HEALTH MONITORING.—The long-term considered and agreed to: tain other at-risk lands from catastrophic health monitoring referred to in subsection wildfire, to enhance efforts to protect water- (a) shall include, but not be limited to, pul- S. RES. 254 sheds and address threats to forest and monary illness, neurological damage, and Whereas on October 25, 2003, the Florida rangeland health, including catastrophic cardiovascular damage, and shall utilize the Marlins defeated the , 2 to wildfire, across the landscape, and for other medical expertise in the local areas affected. 0, in Game 6 of the World Series, to capture purposes. (c) AUTHORIZATION.—To carry out this their second World Series title in the 11 sea- SA 2026. Mrs. BOXER (for herself and Mrs. Title, there are authorized to be appro- sons of the franchise; CLINTON) proposed an amendment to the bill priated such sums as may be necessary in Whereas the Florida Marlins became the H.R. 1904, supra. each of fiscal years 2004 through 2008. first visiting team to celebrate a World Se- SA 2027. Mr. CORZINE (for himself, Mr. ries championship in Yankee Stadium since LAUTENBERG, Mr. DODD, Mr. SCHUMER, Mrs. SA 2026. Mrs. BOXER (for herself and the Los Angeles Dodgers in 1981; CLINTON, and Mr. LIEBERMAN) submitted an Mrs. CLINTON) proposed an amendment Whereas under the leadership of manager amendment intended to be proposed by him to the bill H.R. 1904, to improve the ca- Jack McKeon, general manager Larry to the bill H.R. 1904, supra; which was or- pacity of the Secretary of Agriculture Beinfest, and team owner , the dered to lie on the table. and the Secretary of the Interior to Marlins compiled the best record in baseball SA 2028. Mr. LIEBERMAN (for himself, Mr. since May 23, 2003, becoming only the ninth MCCAIN, Ms. SNOWE, Mrs. FEINSTEIN, Mr. plan and conduct hazardous fuels re- team in history to re- CHAFEE, Mr. DURBIN, Mr. AKAKA, Mrs. MUR- duction projects on National Forest bound from at least 10 games under .500 to RAY, Mr. LAUTENBERG, Mr. EDWARDS, Mr. System lands and Bureau of Land Man- reach the playoffs; BIDEN, Mr. CARPER, Mr. NELSON, of Florida, agement lands aimed at protecting Whereas each player, manager, coach, Mr. CORZINE, and Ms. CANTWELL) proposed an communities, watersheds, and certain trainer, and administrator of the Florida amendment to the bill S. 139, to provide for other at-risk lands from catastrophic Marlins contributed to a magical turnaround a program of scientific research on abrupt wildfire, to enhance efforts to protect that resulted in the Florida Marlins reaching climate change, to accelerate the reduction watersheds and address threats to for- the pinnacle of the sport, a World Series of greenhouse gas emissions in the United Championship; States by establishing a market-driven sys- est and rangeland health, including Whereas the manager of the Florida Mar- tem of greenhouse gas tradeable allowances catastrophic wildfire, across the land- lins, Jack McKeon, became the oldest man- that could be used interchangably with pas- scape, and for other purposes; as fol- ager in Major League Baseball history to win senger vehicle fuel economy standard cred- lows:

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