wise be affected by such investigation, by the grant-
ing of such order, or by the provision of such anti-
trust evidence.
(b) LIMITATION ON DISCLOSURE OF CERTAIN ANTI-
TRUST EVIDENCE.—Neither the Attorney General nor the
Commission may disclose in violation of an antitrust mu-
tual assistance agreement any antitrust evidence received
under such agreement, except that such agreement may
not prevent the disclosure of such antitrust evidence to
a defendant in an action or proceeding brought by the At-
torney General or the Commission for a violation of any
of the Federal laws if such disclosure would otherwise be
required by Federal law.
(c) 
REQUIRED
DISCLOSURE
OF
NOTICE
RE-
CEIVED.—If the Attorney General or the Commission re-
ceives a notice described in section 12(2)(H), the Attorney
General or the Commission, as the case may be, shall
transmit such notice to the person that provided the evi-
dence with respect to which such notice is received.
SEC. 9. LIMITATIONS ON JUDICIAL REVIEW.
(a) DETERMINATIONS.—Determinations made under
paragraphs (1) and (3) of section 8(a) shall not be subject
to judicial review.
(b) CITATIONS
TO
AND DESCRIPTIONS
OF CON-
FIDENTIALITY LAWS.—Whether an antitrust mutual as-
sistance agreement satisfies section 12(2)(C) shall not be
subject to judicial review.
(c) RULES OF CONSTRUCTION.—
(1) ADMINISTRATIVE
PROCEDURE
ACT.—The
requirements in section 7 with respect to publication
and request for public comment shall not be con-
strued to create any availability of judicial review
under chapter 7 of title 5 of the United States Code.
(2) LAWS REFERENCED IN SECTION 5.—Noth-
ing in this section shall be construed to affect the
availability of judicial review under laws referred to
in section 5.
SEC. 10. PRESERVATION OF EXISTING AUTHORITY.
(a) IN GENERAL.—The authority provided by this
Act is in addition to, and not in lieu of, any other author-
ity vested in the Attorney General, the Commission, or any
other officer of the United States.
(b) ATTORNEY GENERAL AND COMMISSION.—This
Act shall not be construed to modify or affect the alloca-
tion of responsibility between the Attorney General and
the Commission for the enforcement of the Federal anti-
trust laws.
SEC. 11. REPORT TO THE CONGRESS.
In the 30-day period beginning 3 years after the date
of the enactment of this Act and with the concurrence of
the Commission, the Attorney General shall submit, to the
Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate, a report—
(1) describing how the operation of this Act has
affected the enforcement of the Federal antitrust
laws,
(2) describing the extent to which foreign anti-
trust authorities have complied with the confidential-
ity requirements applicable under antitrust mutual
assistance agreements in effect under this Act,
(3) specifying separately the identities of the
foreign states, regional economic integration organi-
zations, and foreign antitrust authorities that have
entered into such agreements and the identities of
the foreign antitrust authorities with respect to
which such foreign states and such organizations
have entered into such agreements,
(4) specifying the identity of each foreign state,
and each regional economic integration organization,
that has in effect a law similar to this Act,
(5) giving the approximate number of requests
made by the Attorney General and the Commission
under such agreements to foreign antitrust authori-
ties for antitrust investigations and for antitrust evi-
dence,
(6) giving the approximate number of requests
made by foreign antitrust authorities under such
agreements to the Attorney General and the Com-
mission for investigations under section 3, for orders
under section 4, and for antitrust evidence, and
(7) describing any significant problems or con-
cerns of which the Attorney General is aware with
respect to the operation of this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘antitrust evidence’’ means infor-
mation, testimony, statements, documents, or other
things that are obtained in anticipation of, or during
the course of, an investigation or proceeding under
any of the Federal antitrust laws or any of the for-
eign antitrust laws.
(2) The term ‘‘antitrust mutual assistance
agreement’’ means a written agreement, or written
memorandum of understanding, that is entered into
by the United States and a foreign state or regional
economic integration organization (with respect to
the foreign antitrust authorities of such foreign state
or such organization, and such other governmental
entities of such foreign state or such organization as
the Attorney General and the Commission jointly de-
termine may be necessary in order to provide the as-
sistance described in subparagraph (A)), or jointly
by the Attorney General and the Commission and a
foreign antitrust authority, for the purpose of con-
ducting investigations under section 3, applying for
orders under section 4, or providing antitrust evi-
dence, on a reciprocal basis and that includes the
following:
(A) An assurance that the foreign anti-
trust authority will provide to the Attorney
General and the Commission assistance that is
comparable in scope to the assistance the Attor-
ney General and the Commission provide under
such agreement or such memorandum.
(B) An assurance that the foreign anti-
trust authority is subject to laws and proce-
dures that are adequate to maintain securely
the confidentiality of antitrust evidence that
may be received under section 2, 3, or 4 and
will give protection to antitrust evidence re-
ceived under such section that is not less than
the protection provided under the laws of the
United States to such antitrust evidence.
(C) Citations to and brief descriptions of
the laws of the United States, and the laws of
the foreign state or regional economic integra-
tion organization represented by the foreign
antitrust authority, that protect the confiden-
tiality of antitrust evidence that may be pro-
vided under such agreement or such memoran-
dum. Such citations and such descriptions shall
include the enforcement mechanisms and pen-
alties applicable under such laws and, with re-
spect to a regional economic integration organi-
zation, the applicability of such laws, enforce-
ment mechanisms, and penalties to the foreign
states composing such organization.
(D) Citations to the Federal antitrust
laws, and the foreign antitrust laws, with re-
spect to which such agreement or such memo-
randum applies.
(E) Terms and conditions that specifically
require using, disclosing, or permitting the use
or disclosure of, antitrust evidence received
under such agreement or such memorandum
only—
(i) for the purpose of administering or
enforcing the foreign antitrust laws in-
volved, or