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“NOMINATION OF JOEL KLEIN TO BE ASSISTANT ATTORNEY GENERAL IN CHARGE OF THE ANTITRUST DIVISION” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S7413-S7414 on July 14, 1997.
The publication is reproduced in full below:
NOMINATION OF JOEL KLEIN TO BE ASSISTANT ATTORNEY GENERAL IN CHARGE OF
THE ANTITRUST DIVISION
Mr. KOHL. Mr. President, as the ranking Democrat on the Antitrust Subcommittee, let me tell you why I support Mr. Klein's nomination, why he is a good choice for the job, and why we ought to confirm him today.
First, Joel Klein is an accomplished lawyer with a distinguished career. He graduated from Columbia University and Harvard Law School, and clerked for the U.S. Court of Appeals here in Washington, then for Justice Powell. Just as importantly, he is the President's choice to head the Antitrust Division, and I believe that any President--Democrat or Republican--is entitled to a strong presumption in favor of his executive branch nominees.
Second, Joel Klein is a pragmatist, not an idealogue. His answers at his confirmation hearing suggest that he is not antibusiness, as some would claim the Antitrust Division was in the late 1970's, nor anticonsumer, as some argue the Division was during the 1980's. Instead, he will plot a middle course, I believe, that promotes free markets, fair competition, and consumer welfare.
The third reason we should confirm Joel Klein is because no one deserves to linger in this type of legislative limbo. Here in Congress, we need the input of a confirmed head of the Antitrust Division to give us the administration's views on a variety of important policy matters--
defense consolidation, electricity deregulation, and telecommunications mergers, among others. We need someone who can speak with authority for the Division without a cloud hanging over his head.
More than that, without a confirmed leader, morale at the Antitrust Division is suffering. And given the pace at which the President has nominated and the Senate has confirmed appointees, if we fail to approve Mr. Klein, it will be at least a year before we confirm a replacement--maybe longer, and maybe never. So we need to act now; we can't afford to let the Antitrust Division continue to drift.
Finally, Mr. President, I have great respect for the Senator from South Carolina--as well as the Senators from Nebraska and North Dakota. They have been forceful advocates for consumers on telecommunications matters, and I have stood side by side with them in that fight. But we ought to give Mr. Klein our vote today, so he can have the chance to succeed or fail as a confirmed appointee. My hope and expectation is that in a few years--when we look back at Joel Klein's service as head of the Antitrust Division --his accomplishments will surprise his critics, please his supporters, and improve what is already the best free market economy in the world.
Mr. BAUCUS. Mr. President, I rise to express my support for the nomination of Joel Klein to be Assistant Attorney General for the Antitrust Division of the Department of Justice. And while I will vote to bring this nomination to the floor for a vote, I will outline my concerns for the Senate at this time.
Mr. President, a number of my colleagues have expressed their serious concern about this nominee. More importantly, they have detailed the responsibilities of this position. This position has a statutory responsibility to enforce the antitrust authority of the Department of Justice.
As my colleagues have eloquently stated, this is particularly important and timely in regard to the telecommunication reform regulations which are being promulgated to enforce the reforms enacted into law last year. While these reforms should bring great benefits to consumers across the country, the Department of Justice must play an active role to protect the interests of consumers against violations of antitrust authority.
This is also important in the meat packing industry. The mergers which this industry has experienced have left livestock producers at the mercy of precious few meat processors. Just five packers control this industry. Producers and consumers alike need to know that the Department of Justice is enforcing antitrust law.
There have also been a number of mergers in the railroad industry which have virtually eliminated competition in this transportation sector. For a State like Montana--a captive shipper--this is a problem. Montana farmers pay freight rates that are among the highest in the Nation. It generally is cheaper to ship grain from States east of Montana to the ports of Portland or Seattle, than it is for Montana producers. Without careful attention, I worry that this discrepancy could get worse, not letter.
Mr. President, I will be supporting this nomination. I have long relied on a very simple question to determine my support or opposition for a nominee for a Presidential appointment. Is the candidate qualified? In this case, I believe the President's choice is qualified and has no reason we should delay confirmation.
So I will be voting for this nominee. And, when he is confirmed, I will be watching the issues under the jurisdiction of the Antitrust Division very carefully.
Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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