< Back to S. 2270 (108th Congress, 2003–2004)

Text of the No Oil Producing and Exporting Cartels Act of 2004

This bill was introduced on April 22, 2004, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 22, 2004 (Reported by Senate Committee).

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Source: GPO

S 2270 RS

Calendar No. 474

108th CONGRESS

2d Session

S. 2270

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

IN THE SENATE OF THE UNITED STATES

April 1, 2004

Mr. DEWINE (for himself, Mr. KOHL, Mr. GRASSLEY, Mr. SCHUMER, Mr. SPECTER, Mr. FEINGOLD, Mr. LEAHY, Mr. COLEMAN, Mr. Wyden, Mr. DURBIN, Mr. LEVIN, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

April 22, 2004

Reported favorably by Mr. HATCH, without amendment


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 2004’ 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) SOVEREIGN IMMUNITY- 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) INAPPLICABILITY OF ACT OF STATE DOCTRINE- 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) ENFORCEMENT- The Attorney General of the United States and the Federal Trade Commission 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.’.

Calendar No. 474

108th CONGRESS

2d Session

S. 2270

A BILL

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


April 22, 2004

Reported without amendment