[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6074 Placed on Calendar Senate (PCS)]
Calendar No. 744
110th CONGRESS
2d Session
H. R. 6074
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2008
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the Sherman Act to make oil-producing and exporting cartels
illegal and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Relief for Consumers Act
of 2008''.
TITLE I--AMENDMENT TO SHERMAN ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``No Oil Producing and Exporting
Cartels Act of 2008'' or ``NOPEC''.
SEC. 102. SHERMAN ACT.
The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after
section 7 the following:
``Sec. 7A. (a) It shall be illegal and a violation of this Act for
any foreign state, or any instrumentality or agent of any foreign
state, 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;
when such action, combination, or collective action 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.
``(b) 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.
``(c) 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.
``(d) 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.''.
SEC. 103. SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) in paragraph (6) by striking ``or'' after the
semicolon;
(2) in paragraph (7) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of
the Sherman Act.''.
TITLE II--CREATION OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY
ANTITRUST TASK FORCE
SEC. 201. ESTABLISHMENT OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY
ANTITRUST TASK FORCE.
(a) Establishment of Task Force.--The Attorney General shall
establish in the Department of Justice a Petroleum Industry Antitrust
Task Force (in this title referred to as the ``Task Force'').
(b) Responsibilities of Task Force.--The Task Force shall have the
responsibility for--
(1) developing, coordinating, and facilitating the
implementation of the investigative and enforcement policies of
the Department of Justice related to petroleum industry
antitrust issues under Federal law,
(2) consulting with, and requesting assistance from, other
Federal entities as may be appropriate, and
(3) preparing and submitting to the Congress an annual
report that--
(A) describes all investigatory and enforcement
efforts of the Department of Justice related to
petroleum industry antitrust issues, and
(B) addresses the issues described in subsection
(c).
(c) Issues To Be Examined by Task Force.--The Task Force shall
examine all issues related to the application of Federal antitrust laws
to the market for petroleum and petroleum products, including the
following:
(1) The existence and effects of any price gouging in sales
of gasoline.
(2) The existence and effects of any international oil
cartels.
(3) The existence and effects of any collusive behavior in
controlling or restricting petroleum refinery capacity.
(4) The existence and effects of any anticompetitive price
discrimination by petroleum refiners or other wholesalers of
gasoline to retail sellers of gasoline.
(5) The existence and effects of any unilateral actions, by
refiners or other wholesalers of petroleum products, in the
nature of withholding supply or otherwise refusing to sell
petroleum products in order to inflate the price of such
products above competitive levels.
(6) The existence and effects of any anticompetitive
manipulation in futures markets or other trading exchanges
relating to petroleum or petroleum products.
(7) The existence and effects of any other anticompetitive
market manipulation activities involving petroleum or petroleum
products.
(8) Any other anticompetitive behavior that impacts the
price or supply of petroleum or petroleum products.
(9) The advisability of revising the merger guidelines to
appropriately take into account particular aspects of the
petroleum and petroleum products marketplace.
(10) The advisability of amending the antitrust laws in
light of any competitive problems in the petroleum and
petroleum products marketplace described in paragraphs (1)-(8)
that cannot currently be effectively addressed under such laws.
(d) Director of Task Force.--The Attorney General shall appoint a
director to head the Task Force.
(e) Initial Report.--The 1st report required by subsection (b)(2)
shall be submitted to the Congress not later than December 31, 2008.
TITLE III--STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE
SEC. 301. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study evaluating the effects of mergers addressed in covered merger
consent decrees on competition in the markets involved, including the
effectiveness of divestitures required under those consent decrees in
preserving competition in those markets.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit a report to
Congress and the Department of Justice regarding the findings of the
study conducted under subsection (b).
(c) Attorney General Consideration.--Upon receipt of the report
described in subsection (b), the Attorney General shall refer the
report to the Task Force established under section 201, which shall
consider whether any further enforcement action is warranted to protect
or restore competition in any market affected by a transaction to which
any covered merger consent decree relates.
(d) Definition.--In this section, the term ``covered merger consent
decree'' means a consent decree entered in the 10-year period ending on
the date of the enactment of this Act, in an enforcement action brought
under section 7 of the Clayton Act against a person engaged in the
business of exploring for, producing, refining, processing, storing,
distributing, or marketing petroleum or petroleum products.
Passed the House of Representatives May 20, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 744
110th CONGRESS
2d Session
H. R. 6074
_______________________________________________________________________
AN ACT
To amend the Sherman Act to make oil-producing and exporting cartels
illegal and for other purposes.
_______________________________________________________________________
May 21, 2008
Received; read twice and placed on the calendar