[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3081 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3081
To amend the Sherman Act to make oil-producing and exporting cartels
illegal.
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IN THE HOUSE OF REPRESENTATIVES
May 5, 2023
Mr. Buck (for himself, Mr. Nadler, and Mr. Cicilline) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Sherman Act to make oil-producing and exporting cartels
illegal.
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 ``No Oil Producing and Exporting
Cartels Act of 2023'' or ``NOPEC''.
SEC. 2. SHERMAN ACT.
The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after
section 7 the following:
``SEC. 7A. 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, 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) Inapplicability of Defenses.--No court of the United States
shall decline, based on the act of state, foreign sovereign compulsion,
or political question doctrines to make a determination on the merits
in an action brought under this section.
``(c) Enforcement.--The Attorney General of the United States shall
have the sole authority to bring an action to enforce this section. Any
such action shall be brought in any district court of the United States
as provided under the antitrust laws.''.
SEC. 3. NO SOVEREIGN IMMUNITY IN OIL CARTEL CASES.
Title 28 of the United States Code is amended--
(1) in section 1605(a)--
(A) in paragraph (5) by striking ``or'' after the
semicolon,
(B) in paragraph (6) by striking the period and
inserting ``; or'', and
(C) by adding at the end the following:
``(7) in which the action is brought under section 7A of
the Sherman Act.'', and
(2) in section 1610(a)--
(A) in paragraph (7) by striking the period at the
end and inserting ``, or'', and
(B) by adding at the end the following:
``(8) the judgment relates to a claim that is brought under
section 7A of the Sherman Act.''.
SEC. 4. SEVERABILITY.
If any provision of this Act (or of an amendment made by this Act)
is held invalid the remainder of this Act (or of the amendment) shall
not be affected thereby.
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