[Congressional Record Volume 152, Number 102 (Friday, July 28, 2006)]
[Senate]
[Pages S8414-S8415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4739. Mr. McCONNELL (for Mr. Hagel) proposed an amendment to the 
resolution S. Res. 405, designating August 16, 2006, as ``National 
Airborne Day'', as follows:

       On page 5, strike lines 1-5 and insert:
       ``(2) calls on the people of the United States to observe 
     ``National Airborne Day'' with appropriate programs, 
     ceremonies, and activities.''
                                 ______
                                 
  SA 4740. Mr. JOHNSON (for himself, Mrs. Lincoln, and Mr. Talent) 
submitted an amendment intended to be proposed by him to the bill S. 
3711, to enhance the energy independence and security of the United 
States by providing for exploration, development, and production 
activities for mineral resources in the Gulf of Mexico, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 18, after line 17, add the following:
       (g) Allocation to Wildlife Conservation and Restoration 
     Account.--Notwithstanding subsection (a)(2), before making 
     the disbursements under subparagraphs (A) and (B) of 
     subsection (a)(2), the Secretary shall, for each of fiscal 
     years 2016 through 2055, transfer to the Federal aid to 
     wildlife restoration fund established under section 3 of the 
     Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b), 
     for deposit in the Wildlife Conservation and Restoration 
     Account, 25 percent of all rentals, royalties, bonus bids, 
     and other sums due and payable to the United States from 
     leases entered into on or after the date of enactment of this 
     Act for the 181 South Area.
                                 ______
                                 
  SA 4741. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 3711, to enhance the energy independence and 
security of the United States by providing for exploration, 
development, and production activities for mineral resources in the 
Gulf of Mexico, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

                         TITLE II--OIL AND GAS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Oil and Gas Industry 
     Antitrust Act of 2006''.

     SEC. 202. PROHIBITION ON UNILATERAL WITHHOLDING.

       The Clayton Act (15 U.S.C. 12 et seq.) is amended--
       (1) by redesignating section 28 as section 29; and
       (2) by inserting after section 27 the following:

     ``SEC. 28. OIL AND NATURAL GAS.

       ``(a) In General.--Except as provided in subsection (b), it 
     shall be unlawful for any person to refuse to sell, or to 
     export or divert, existing supplies of petroleum, gasoline, 
     or other fuel derived from petroleum, or natural gas with the 
     primary intention of increasing prices or creating a shortage 
     in a geographic market.
       ``(b) Considerations.--In determining whether a person who 
     has refused to sell, or exported or diverted, existing 
     supplies of petroleum, gasoline, or other fuel derived from 
     petroleum or natural gas has done so with the intent of 
     increasing prices or creating a shortage in a geographic 
     market under subsection (a), the court shall consider 
     whether--
       ``(1) the cost of acquiring, producing, refining, 
     processing, marketing, selling, or otherwise making such 
     products available has increased; and

[[Page S8415]]

       ``(2) the price obtained from exporting or diverting 
     existing supplies is greater than the price obtained where 
     the existing supplies are located or are intended to be 
     shipped.''.

     SEC. 203. REVIEW OF CLAYTON ACT.

       (a) In General.--The Attorney General and the Chairman of 
     the Federal Trade Commission shall conduct a study, including 
     a review of the report submitted under section 204, regarding 
     whether section 7 of the Clayton Act should be amended to 
     modify how that section applies to persons engaged in the 
     business of exploring for, producing, refining, or otherwise 
     processing, storing, marketing, selling, or otherwise making 
     available petroleum, gasoline or other fuel derived from 
     petroleum, or natural gas.
       (b) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Attorney General and the Chairman 
     of the Federal Trade Commission shall submit a report to 
     Congress regarding the findings of the study conducted under 
     subsection (a), including recommendations and proposed 
     legislation, if any.

     SEC. 204. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

       (a) Definition.--In this section, the term ``covered 
     consent decree'' means a consent decree--
       (1) to which either the Federal Trade Commission or the 
     Department of Justice is a party;
       (2) that was entered by the district court not earlier than 
     10 years before the date of enactment of this Act;
       (3) that required divestitures; and
       (4) that involved a person engaged in the business of 
     exploring for, producing, refining, or otherwise processing, 
     storing, marketing, selling, or otherwise making available 
     petroleum, gasoline or other fuel derived from petroleum, or 
     natural gas.
       (b) Requirement for a Study.--Not later than 180 days after 
     the date of enactment of this Act, the Comptroller General of 
     the United States shall conduct a study evaluating the 
     effectiveness of divestitures required under covered consent 
     decrees.
       (c) Requirement for a Report.--Not later than 180 days 
     after the date of enactment of this Act, the Comptroller 
     General shall submit a report to Congress, the Federal Trade 
     Commission, and the Department of Justice regarding the 
     findings of the study conducted under subsection (b).
       (d) Federal Agency Consideration.--Upon receipt of the 
     report required by subsection (c), the Attorney General or 
     the Chairman of the Federal Trade Commission, as appropriate, 
     shall consider whether any additional action is required to 
     restore competition or prevent a substantial lessening of 
     competition occurring as a result of any transaction that was 
     the subject of the study conducted under subsection (b).

     SEC. 205. JOINT FEDERAL AND STATE TASK FORCE.

       The Attorney General and the Chairman of the Federal Trade 
     Commission shall establish a joint Federal-State task force, 
     which shall include the attorney general of any State that 
     chooses to participate, to investigate information sharing 
     (including through the use of exchange agreements and 
     commercial information services) among persons in the 
     business of exploring for, producing, refining, or otherwise 
     processing, storing, marketing, selling, or otherwise making 
     available petroleum, gasoline or other fuel derived from 
     petroleum, or natural gas (including any person about which 
     the Energy Information Administration collects financial and 
     operating data as part of its Financial Reporting System).

     SEC. 206. NO OIL PRODUCING AND EXPORTING CARTELS.

       (a) Short Title.--This section may be cited as the ``No Oil 
     Producing and Exporting Cartels Act of 2006'' or ``NOPEC''.
       (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is 
     amended--
       (1) by redesignating section 8 as section 9; and
       (2) by inserting after section 7 the following:

     ``SEC. 8. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, in the circumstances described in 
     subsection (b), to act collectively or in combination with 
     any other foreign state, any instrumentality or agent of any 
     other foreign state, or any other person, whether by cartel 
     or any other association or form of cooperation or joint 
     action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product.
       ``(b) Circumstances.--The circumstances described in this 
     subsection are an instance when an action, combination, or 
     collective action described in subsection (a) has a direct, 
     substantial, and reasonably foreseeable effect on the market, 
     supply, price, or distribution of oil, natural gas, or other 
     petroleum product in the United States.
       ``(c) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(d) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(e) Enforcement.--The Attorney General of the United 
     States may bring an action to enforce this section in any 
     district court of the United States as provided under the 
     antitrust laws, as defined in section 1(a) of the Clayton Act 
     (15 U.S.C. 12(a)).''.
       (c) Sovereign Immunity.--Section 1605(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``or'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 8 of the 
     Sherman Act.''.

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