CONGRESSIONAL RECORD—SENATE S11850 by wulinqing

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									                                                 S11850                                            CONGRESSIONAL RECORD — SENATE                                                      October 25, 2005
                                                 Rosa Parks as she confronted injustice and              earned dollars from citizens as surely                offenses that currently qualify for judi-
                                                 inequality; and                                         as does a salesman promoting a bogus                  cial approved wiretaps. These ‘‘predi-
                                                   Whereas in 1988 Rosa Parks said: ‘‘I am               investment from a ‘‘boiler room’’ or,                 cate offenses’’ under Title III of the
                                                 leaving this legacy to all of you . . . to bring
                                                                                                         indeed, a thief with a gun. Moreover,                 Omnibus Crime Control and Safe
                                                 peace, justice, equality, love and a fulfill-
                                                 ment of what our lives should be. Without vi-           by its secret nature as an agreement                  Streets Act, include crimes of lesser
                                                 sion, the people will perish, and without               among competitors, such a conspiracy                  impact and significance than criminal
                                                 courage ‘and inspiration, dreams will die—              is likely harder to detect than a fraud-              antitrust violations. The ACIIA will
                                                 the dream of freedom and peace’’: Now,                  ulent offering over the phone or                      ensure that the Department of Justice
                                                 therefore, be it                                        through the mail. A properly issued                   has the tools commensurate with the
                                                   Resolved by the Senate That the Senate hon-           wiretap, therefore, is even more nec-                 seriousness of the violations.
                                                 ors the life and accomplishments of Rosa                essary to detect criminal antitrust                     Under current law, the Department
                                                 Parks and expresses its condolences on her              conspiracies than other white collar of-              of Justice must often rely on the FBI
                                                 passing.
                                                                                                         fenses.                                               or other investigative agencies to ob-
                                                                  f                                        Detecting, preventing, and punishing                tain evidence. While the Justice De-
                                                 ANTITRUST CRIMINAL INVESTIGA-                           criminal antitrust offenses are one of                partment may engage in court-author-
                                                   TIVE IMPROVEMENTS ACT OF                              the principal missions of the Justice                 ized searches of business records, it
                                                   2005                                                  Department’s Antitrust Division. Such                 may only monitor phone calls of in-
                                                                                                         offenses are punished severely with                   formants or the conversations of con-
                                                   Mr. FRIST. Mr. President, I ask
                                                                                                         corporations facing fines of up to $100               senting parties. In light of the serious-
                                                 unanimous consent that the Senate
                                                                                                         million and individuals subject to jail               ness of economic harms caused by vio-
                                                 proceed to the immediate consider-
                                                                                                         terms of up to 10 years for each offense.             lations of the Sherman Antitrust Act,
                                                 ation of Calendar No. 250, S. 443.
                                                                                                         Indeed, last year we passed legislation               the inability of the Department of Jus-
                                                   The PRESIDING OFFICER. The
                                                                                                         raising criminal penalties to these new               tice to obtain wiretaps when inves-
                                                 clerk will report the bill by title.
                                                                                                         levels. Yet, despite the damage these                 tigating criminal antitrust violations
                                                   The assistant legislative clerk read
                                                                                                         conspiracies do to the economy and in-                makes little sense. The evidence that
                                                 as follows:
                                                                                                         dividual consumers, our law enforce-                  can be acquired through wiretaps is
                                                   A bill (S. 443) to improve the investigation          ment agencies lack the one vital tool
                                                 of criminal antitrust offenses.                                                                               precisely the type of evidence that is
                                                                                                         essential to uncover these secret con-                essential for the successful prosecution
                                                   There being no objection, the Senate                  spiracies—the ability to obtain a wire-               and prevention of serious antitrust vio-
                                                 proceeded to consider the bill.                         tap to monitor communications be-                     lations. This bill equips the Depart-
                                                   Mr. KOHL. Mr. President, I rise in                    tween the suspected conspirators upon                 ment of Justice investigators and pros-
                                                 support of the Antitrust Investigative                  a showing of probable cause. This legis-              ecutors the opportunity to zealously
                                                 Improvements Act of 2005, a bill I am                   lation will remedy this defect by grant-              enforce the criminal antitrust laws of
                                                 cosponsoring with Senators DEWINE                       ing to our law enforcement officials                  the United States.
                                                 and LEAHY. This important measure                       the necessary means to protect con-                     Mr. FRIST. Mr. President, I ask
                                                 will give the antitrust criminal enforc-                sumers and end illegal antitrust con-                 unanimous consent that the bill be
                                                 ers at the Department of Justice a                      spiracies.                                            read a third time and passed, the mo-
                                                 vital tool to investigate, detect, and                    I urge my colleagues to join with me                tion to reconsider be laid upon the
                                                 prevent antitrust conspiracies. It will                 in supporting this legislation.                       table, and that any statements relating
                                                 allow the Justice Department, upon a                      Mr. LEAHY. Mr. President, earlier                   to the bill be printed in the RECORD.
                                                 showing of probable cause to a Federal                  this year I was pleased to join the                     The PRESIDING OFFICER. Without
                                                 judge, authority to obtain a wiretap                    chairman and ranking member of the                    objection, it is so ordered.
                                                 order for a limited time period to mon-                 Judiciary Committee’s Subcommittee                      The bill (S. 443) was read the third
                                                 itor communications between those                       on Antitrust, Competition Policy and                  time and passed, as follows:
                                                 suspected of engaging in illegal anti-                  Consumer Rights, Senators DEWINE
                                                                                                                                                                                    S. 443
                                                 trust conspiracies.                                     and KOHL, on the introduction of the
                                                   The current Federal criminal code                                                                             Be it enacted by the Senate and House of Rep-
                                                                                                         ‘‘Antitrust Criminal Investigative Im-
                                                                                                                                                               resentative of the United States of America in
                                                 lists over 150 predicate offenses for                   provements Act of 2005, ACIIA. Today,                 Congress assembled,
                                                 which the Justice Department may ob-                    I am even more pleased to see the Sen-                SECTION 1. SHORT TITLE.
                                                 tain a wiretap during the course of a                   ate pass this bill. This is important                   This Act may be cited as the ‘‘Antitrust
                                                 criminal investigation. These offenses                  legislation, and I hope that it will re-              Criminal Investigative Improvements Act of
                                                 include basic white collar crimes such                  ceive the speedy vote in the House of                 2005’’.
                                                 as mail fraud, wire fraud, and bank                     Representatives that it deserves. Once                SEC. 2. AMENDMENT OF PREDICATE CRIMES FOR
                                                 fraud. However, under current law, if                   the President signs it into law, the De-                          AUTHORIZATION FOR INTERCEP-
                                                 the Government is investigating a                       partment of Justice will finally have                             TION OF WIRE, ORAL, AND ELEC-
                                                                                                                                                                           TRONIC COMMUNICATIONS.
                                                 criminal antitrust conspiracy, such as                  another vital tool to enforce antitrust
                                                                                                                                                                 Section 2516(1) of title 18, United State
                                                 a scheme to fix prices to consumers,                    laws—wiretap authority to investigate                 Code, is amended—
                                                 the Government cannot obtain a wire-                    and prosecute criminal antitrust viola-                 (1) in subparagraph (q), by striking ‘‘or’’
                                                 tap of the suspected conspirators. This                 tions.                                                after the semicolon;
                                                 inability to obtain wiretaps unques-                      America’s antitrust laws play a crit-                 (2) by redesignating subparagraph (r) as
                                                 tionably severely handicaps the detec-                  ical role in protecting consumers and                 subparagraph (s); and
                                                 tion and prevention of such conspir-                    ensuring a fair and competitive mar-                    (3) by adding after subparagraph (q) the
                                                 acies. Only with the consent of a mem-                  ketplace for business. Congress’s first               following:
                                                 ber of the conspiracy who has already                   antitrust law, the Sherman Antitrust                    ‘‘(r) any criminal violation of section 1 (re-
                                                                                                                                                               lating to illegal restraints of trade or com-
                                                 agreed to cooperate with the Govern-                    Law, was enacted in 1890 to prohibit
                                                                                                                                                               merce), 2 (relating to illegal monopolizing of
                                                 ment may the Government surrep-                         abusive monopolies and restraints of                  trade or commerce), or 3 (relating to illegal
                                                 titiously record the meetings of the                    trade. Since that time, enforcement of                restraints of trade or commerce in terri-
                                                 conspirators.                                           the antitrust laws has benefited con-                 tories or the District of Columbia) of the
                                                   There is no logical basis to exclude                  sumers through lower prices, greater                  Sherman Act (15 U.S.C. 1, 2, 3); or’’.
                                                 criminal antitrust violations from the                  variety, and higher quality products                                  f
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                                                 list of predicate offenses for a wiretap.               and services. But antitrust criminal of-
                                                 A criminal antitrust offense, such as                   fenses have been somewhat anomalous                        ORDERS FOR WEDNESDAY,
                                                 price fixing, is every bit as serious—                  in the law, for they have not qualified                          OCTOBER 26, 2005
                                                 and causes every bit as much financial                  for judicially approved wiretaps. The                   Mr. FRIST. I ask unanimous consent
                                                 loss to its victims—as other white col-                 ACIIA will add criminal price fixing                  that when the Senate completes its
                                                 lar crimes, such as mail fraud or wire                  and bid rigging to the many crimes                    business today, it stand in adjourn-
                                                 fraud. A price-fixing conspiracy raises                 that are already ‘‘predicate offenses’’               ment until 9:30 a.m. on Wednesday, Oc-
                                                 prices to consumers, stealing hard                      for wiretap purposes. There are over 150              tober 26. I further ask that following



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                                                 October 25, 2005                                  CONGRESSIONAL RECORD — SENATE                                                 CORRECTION             S11851
                                                 the prayer and pledge, the morning                                 NOMINATIONS                                                      To be colonel
                                                 hour be deemed expired, the Journal of                    Executive nominations received by                       KIMBERLY K. ARMSTRONG, 0214
                                                 proceedings be approved to date, the                                                                              MICHAEL K. BAYLES, 2417
                                                                                                         the Senate October 25, 2005:                              CHERYL E. CARROLL, 0088
                                                 time for the two leaders be reserved,                                          THE JUDICIARY                      RHONDA L. EARLS, 4512
                                                 and the Senate then proceed to a pe-                                                                              LORRAINE A. FRITZ, 9099
                                                                                                          AIDA M. DELGADO-COLON, OF PUERTO RICO, TO BE             KATHRYN M. GAYLORD, 8344
                                                 riod for morning business for up to 30                  UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF          STEVEN F. * GERTONSON, 0235
                                                 minutes, with the first 15 minutes                      PUERTO RICO, VICE SALVADOR E. CASELLAS, RETIRED.          BARBARA A. GILBERT, 4316
                                                 under the control of the minority, and                                       IN THE COAST GUARD                   STEVEN W. GRIMES, 2435
                                                                                                                                                                   ELIZABETH A. JOHNSON, 1307
                                                 the final 15 minutes under the control                                        To be rear admiral                  JIMMIE O. KEENAN, 1290
                                                 of the majority.                                          THE FOLLOWING NAMED OFFICER FOR APPOINTMENT             TIMOTHY A. NEWCOMER, 4768
                                                                                                                                                                   DAVID D. PETERSON, 2864
                                                   I further ask that the Senate then re-                IN THE UNITED STATES COAST GUARD TO THE GRADE IN-
                                                                                                         DICATED UNDER TITLE 14, U.S.C., SECTION 271:              KATHLEEN R. RYAN, 8954
                                                 sume consideration of H.R. 3010, the                                                                              ANN M. SAMMARTINO, 1347
                                                                                                         REAR   ADM.   (LH)   JODY A. BRECKENRIDGE, 6724           KELLY A. WOLGAST, 7403
                                                 Labor-HHS appropriations bill.                          REAR   ADM.   (LH)   ARTHUR E. BROOKS, 5540
                                                   The PRESIDING OFFICER. Without                        REAR   ADM.   (LH)   JOHN E. CROWLEY, 5694                 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
                                                                                                         REAR   ADM.   (LH)   RICHARD R. HOUCK, 0136               TO THE GRADE INDICATED IN THE UNITED STATES ARMY
                                                 objection, it is so ordered.                            REAR   ADM.   (LH)   RICHARD R. KELLY, 9972               MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC-
                                                                                                         REAR   ADM.   (LH)   DAVID P. PEKOSKE, 6564               TIONS 624 AND 3064:
                                                                  f                                      REAR   ADM.   (LH)   FRED M. ROSA, 1832
                                                                                                         REAR   ADM.   (LH)   TIMOTHY S. SULLIVAN, 4325                              To be colonel
                                                                PROGRAM                                                           IN THE NAVY                      RANDALL G. ANDERSON, 7870
                                                   Mr. FRIST. Mr. President, tomorrow                      THE FOLLOWING NAMED OFFICER FOR APPOINTMENT             DONALD F. ARCHIBALD, 0893
                                                                                                                                                                   STEVEN G. BOLINT, 1946
                                                 the Senate will resume consideration                    IN THE UNITED STATES NAVY TO THE GRADE INDICATED
                                                                                                                                                                   DAVID P. BUDINGER, 0740
                                                                                                         UNDER TITLE 10, U.S.C., SECTION 624:
                                                 of that Labor-HHS appropriations bill.                                                                            KYLE D. CAMPBELL, 0829
                                                 Just a few moments ago I filed cloture                            To be rear admiral (lower half)                 BRIAN T. CANFIELD, 3583
                                                                                                         CAPT. FRANK THORP IV, 3785                                CHARLES E. CANNON, 1712
                                                 on that bill. Senators who are serious                                                                            SCOTT F. CASS, 5912
                                                 about offering germane amendments                                                IN THE ARMY                      LISA P. CHISHOLM, 0631
                                                                                                                                                                   JOHN M. COLLINS, 1159
                                                 should work with the bill managers to                    THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
                                                                                                                                                                   JOHN P. COLLINS, 9712
                                                                                                         TO THE GRADE INDICATED IN THE UNITED STATES ARMY
                                                 schedule floor consideration just as                    MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C.,          DANIEL J. FISHER, 3412
                                                                                                                                                                   ALEXANDER GARDNER III, 4979
                                                 quickly as possible. We are on track,                   SECTIONS 624 AND 3064:
                                                                                                                                                                   DAVID G. GILBERTSON, 7355
                                                 the track that we set out last week, to                                         To be colonel                     NEIL G. GLENESK, 8859
                                                 finish the bill this week. I encourage                  ROBINETTE J. AMAKER, 6702
                                                                                                                                                                   MAX GROGL, 2351
                                                                                                                                                                   BRYANT E. HARP, JR., 1667
                                                 Senators to vote for cloture in order to                GEORGE A. DILLY, 9138
                                                                                                                                                                   SALLY C. HARVEY, 2449
                                                                                                         BRENDA K. ELLISON, 8159
                                                 speed passage of this, the very last, the               ANN GREDIAGIN, 9607                                       BRUCE E. HASELDEN, 1411
                                                                                                                                                                   CLAUDE HINES, JR., 4444
                                                 final appropriations bill for this year.                JOSEF H. MOORE, 1725
                                                                                                                                                                   MARSHA A. LANGLOIS, 1221
                                                                                                           THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
                                                                  f                                      TO THE GRADE INDICATED IN THE UNITED STATES ARMY
                                                                                                                                                                   WILLIAM J. LAYDEN, 5275
                                                                                                                                                                   POLLYANNE A. MARCIESKI, 4976
                                                                                                         VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS         THIRSA MARTINEZ, 8361
                                                   ADJOURNMENT UNTIL 9:30 A.M.                           624 AND 3064:                                             BRUCE W. MCVEIGH, 2409
                                                              TOMORROW                                                           To be colonel                     MARK A. MELANSON, 5382
                                                                                                                                                                   JOHN R. MERCIER, 2556
                                                   Mr. FRIST. If there is no further                     TERRY K. BESCH, 8189                                      TALFORD V. MINDINGALL, 0091
                                                                                                         PERRY R. CHUMLEY, 2082                                    RAFAEL C. MONTAGNO, 5546
                                                 business to come before the Senate, I                   CHERYL D. DICARLO, 5030                                   JOSEPH A. PECKO, 3699
                                                 ask unanimous consent that the Sen-                     CAROL L. EISENHAUER, 0327                                 JEROME PENNER III, 7180
                                                                                                         GEORGE C. RENISON, 3981
                                                 ate stand in adjournment under the                      JOHN R. TABER, 7013
                                                                                                                                                                   ANGELA PEREIRA, 8134
                                                                                                                                                                   MICHAEL P. RYAN, 2422
                                                 previous order.                                          THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT             HARRY F. SLIFE, JR., 3005
                                                   There being no objection, the Senate,                 TO THE GRADE INDICATED IN THE UNITED STATES ARMY          EARLE SMITH II, 0496
                                                                                                         NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN-            JOHN R. STEWART, 1020
                                                 at 6:53 p.m., adjourned until Wednes-                   TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC-     ROBERT D. TENHET, 5358
                                                 day, October 26, 2005, at 9:30 a.m.                     TIONS 624, 531, AND 3064:                                 JOHN H. TRAKOWSKI, JR., 9435
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