S300 CONGRESSIONAL RECORD — SENATE January 12, 2009 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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25TH NATIONAL COWBOY POETRY 

GATHERING 

Mr. REID. Mr. President, I rise today 

to recognize the 25th National Cowboy 

Poetry Gathering, which is held every 

January in Elko, NV. 

For 25 years, the National Cowboy 

Poetry Gathering has been providing a 

forum for the expression and celebration of the artistic spirit of those that 

live and work in the rural West. 

Through both traditional and contemporary forms, this gathering has showcased dancers, filmmakers, musicians, 

storytellers, and poets—each contributing their experience of the western 

lifestyle. From urban areas to rural 

ones, people from across the country 

gather in Elko every year to listen to 

and experience the artistic soul of the 

authentic cowboy. 

The first cowboy poetry gathering 

was held one weekend in January in 

1985. It drew a crowd that included 

frontier enthusiasts as well as skeptics 

who questioned whether cowboys could 

also be poets. After that first gathering, the poetic nature of the cowboy 

could no longer be doubted, and what 

started as a small weekend event eventually transformed into a weeklong 

cultural excursion that draws thousands of visitors and participants from 

across the globe. It has reinvigorated 

interest in preserving and spreading 

the cowboy narrative, inspiring other 

communities to hold similar events 

throughout the West. 

The National Cowboy Poetry Gathering has created an environment that 

contributes a wealth of riches to our 

shared western heritage. In January of 

2009 the Western Folklife Center in 

Elko will host its 25th gathering. I 

would like to congratulate them on 

this achievement. 

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TRIBUTE TO SENATOR ROBERT 

BYRD 

Mr. COCHRAN. Mr. President, I am 

pleased to join with my colleagues in 

congratulating Senator ROBERT BYRD

on his 50 years of exemplary and distinctive service in the U.S. Senate. 

Senator BYRD is a distinguished 

Member of the Senate and has served 

in many important positions of responsibility in this body during his tenure 

as Senator from West Virginia. He has 

served as minority and majority leader, as chairman and ranking member of 

the Appropriations Committee, and as 

President pro tempore of the Senate. 

It has been a great privilege to serve 

with Senator BYRD on the Appropriations Committee. I have learned so 

much from him since joining this committee in 1981. Senator BYRD has been 

a good friend as well as a mentor. It 

has also been a great pleasure to serve 

with him on the Homeland Security 

Appropriations Subcommittee, which 

we have both chaired. 

I look forward to continuing to serve 

with him in the coming years. 

f 

GAZA 

Mr. BAYH. Mr. President, I rise 

today to commend Majority Leader 

REID and Republican Leader MCCONNELL for introducing S. Res. 10, an important piece of legislation which reaffirms unwavering support of the United 

Statest for Israel and Israel’s right to 

defend itself and protect its citizens. 

Hamas’ unwillingness to renounce violence and recognize Israel’s right to 

exist is the central impediment to 

achieving a lasting peace between the 

Israelis and Palestinians. I stand 

strongly with the people of Israel in 

their efforts to cope with the terrorist 

threat from Hamas. No nation can be 

asked to endlessly turn the other cheek 

when its people are subject to indiscriminate, unprovoked, and lethal missile strikes. Like all people, the citizens of Israel have the right to live 

safely within secure borders. 

While the responsibility for the current violence rests with Hamas, both 

sides must take every possible step to 

avoid harming innocent civilians. Furthermore, both sides must work towards a durable and sustainable 

ceasefire that prevents Hamas from rearming and improves the daily living 

conditions of the people in Gaza. 

The current bloodshed in Gaza is also 

a grave reminder of Iran’s role in arming, training, and assisting extremist 

groups like Hamas. The Iranian regime 

is the world’s most active state sponsor 

of terrorism. The current violence further underscores the importance of 

using aggressive sanctions to deter the 

Iranian regime from taking future actions that destabilize the region and 

threaten our democratic allies. 

We have learned as a nation that terrorism and the advocacy of extremism 

are not distant problems but those 

which we must confront vigilantly. 

Terrorism has no geographic boundaries. We must continue our efforts to 

confront Islamic extremism and to 

eliminate terrorists’ ability to strike 

against the United States and our allies. Therefore, I wholeheartedly support S. Res. 10, which underscores our 

Nation’s commitment to help provide 

for Israel’s security and to encourage a 

lasting and secure peace in the Middle 

East. 

f 

NO OIL EXPORTING AND 

PRODUCING CARTELS ACT 

Mr. SPECTER. Mr. President, as our 

economy sinks further into recession, 

OPEC, which controls about 40 percent 

of the world oil supplies, has announced its biggest single production 

cut ever. As a result, since December 17 

when the cartel announced its record 

production cuts, oil prices have risen 40 

percent. 

For decades, the members of OPEC 

have conspired to manipulate oil prices 

by limiting the number of barrels sold. 

U.S. antitrust laws explicitly prohibit 

conspiracies in restraint of trade, 

which include agreements to cut production in an effort to cause prices to 

rise. Cartel activity by OPEC members 

clearly violates U.S. antitrust laws. 

Unfortunately, OPEC members have 

escaped liability for their antitrust 

violations. The Foreign Sovereign Immunities Act makes foreign states liable under U.S. law for their commercial 

activities but not their governmental 

activities. In International Association 

of Machinists v. OPEC, a California 

district court held that OPEC’s cartel 

activity was governmental activity, 

not commercial activity, and was 

therefore immune from the antitrust 

laws. On appeal, the Ninth Circuit affirmed. 

These court decisions were wrong. 

Government-owned companies engaged 

in purely business activities are subject to the antitrust laws. 

That is why Senator KOHL and myself 

as well as nine other cosponsors are reintroducing the No Oil Producing and 

Exporting Cartels Act, or NOPEC. The 

legislation reverses these court decisions, making it clear that cartel activity OPEC is commercial activity 

that is subject to the antitrust laws. 

NOPEC also makes it clear that OPEC 

members are subject to the jurisdiction 

of U.S. courts. 

Applying antitrust law to foreign 

conduct is consistent with current law. 

In Hartford Fire Insurance Co. v. California, the Supreme Court held that 

U.S. courts have jurisdiction over antitrust suits involving foreign conduct 

by foreign actors if the conduct has 

substantial effects in the United 

States. Clearly, OPEC’s cartel activities have substantial effects in the 

United States. 

The Justice Department has over the 

years prosecuted many foreign cartels 

in a myriad of industries, including vitamins, marine hose, liquid crystal display panels, textiles, construction, 

food, chemicals, graphite electrodes, 

ocean shipping and fine arts auctions. 

Indeed, over the past decade, around 

half of the corporate defendants in cartel cases brought by the Justice Department have been foreign-based. In 

the vitamins case, for example, the 

Justice Department successfully prosecuted a cartel of foreign vitamin manufacturers that held meetings abroad 

to allocate market share and set 

prices—just like OPEC. In many of the 

cases involving foreign cartels, foreign 

executives have been extradited to the 

U.S. to serve significant prison sentences. 

Critics have argued that NOPEC 

would harm U.S. relations abroad or 

discourage foreign investment in the 

United States. However, NOPEC leaves 

the decision to prosecute OPEC members in the hands of the executive 

branch by giving the Justice Department sole authority to prosecute. 

NOPEC enjoys strong bipartisan support and has since its first introduction 

back in 2000. The Senate Judiciary 


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