[Congressional Record Volume 143, Number 99 (Monday, July 14, 1997)]
[Senate]
[Pages S7413-S7414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

[[Page S7414]]

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.

                          ____________________