[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2264 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 169
110th CONGRESS
  1st Session
                                H. R. 2264


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2007

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 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 2007'' 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. (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. 3. 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.''.

            Passed the House of Representatives May 22, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 169

110th CONGRESS

  1st Session

                               H. R. 2264

_______________________________________________________________________

                                 AN ACT

 To amend the Sherman Act to make oil-producing and exporting cartels 
                                illegal.

_______________________________________________________________________

                              May 23, 2007

            Received; read twice and placed on the calendar