II 

Calendar No. 542 

117TH CONGRESS 

2D SESSION S. 977 

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

illegal. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2021 

Mr. GRASSLEY (for himself, Ms. KLOBUCHAR, Mr. LEE, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

OCTOBER 18, 2022 

Reported under authority of the order of the Senate of October 14, 2022, by 

Mr. DURBIN, without amendment 

A BILL 

To amend the Sherman Act to make oil-producing and 

exporting cartels illegal. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Oil Producing and 

5 Exporting Cartels Act of 2021’’ or ‘‘NOPEC’’. 


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•S 977 RS

1 SEC. 2. SHERMAN ACT. 

2 The Sherman Act (15 U.S.C. 1 et seq.) is amended 

3 by adding after section 7 the following: 

4 ‘‘SEC. 7A. OIL PRODUCING CARTELS. 

5 ‘‘(a) IN GENERAL.—It shall be illegal and a violation 

6 of this Act for any foreign state, or any instrumentality 

7 or agent of any foreign state, to act collectively or in com8 bination with any other foreign state, any instrumentality 

9 or agent of any other foreign state, or any other person, 

10 whether by cartel or any other association or form of co11 operation or joint action— 

12 ‘‘(1) to limit the production or distribution of 

13 oil, natural gas, or any other petroleum product; 

14 ‘‘(2) to set or maintain the price of oil, natural 

15 gas, or any petroleum product; or 

16 ‘‘(3) to otherwise take any action in restraint of 

17 trade for oil, natural gas, or any petroleum product, 

18 when such action, combination, or collective action has a 

19 direct, substantial, and reasonably foreseeable effect on 

20 the market, supply, price, or distribution of oil, natural 

21 gas, or other petroleum product in the United States. 

22 ‘‘(b) INAPPLICABILITY OF DEFENSES.—No court of 

23 the United States shall decline, based on the act of state, 

24 foreign sovereign compulsion, or political question doctrine 

25 to make a determination on the merits in an action 

26 brought under this section. 


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•S 977 RS

1 ‘‘(c) ENFORCEMENT.—The Attorney General of the 

2 United States shall have the sole authority to bring an 

3 action to enforce this section. Any such action shall be 

4 brought in any district court of the United States as pro5 vided under the antitrust laws.’’. 

6 SEC. 3. NO SOVEREIGN IMMUNITY IN OIL CARTEL CASES. 

7 Title 28, United States Code, is amended— 

8 (1) in section 1605(a)— 

9 (A) in paragraph (5), by striking ‘‘or’’ 

10 after the semicolon; 

11 (B) in paragraph (6), by striking the pe12 riod and inserting ‘‘; or’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(7) in which the action is brought under sec15 tion 7A of the Sherman Act.’’; and 

16 (2) in section 1610(a)— 

17 (A) in paragraph (7) by striking the period 

18 at the end and inserting ‘‘, or’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(8) the judgment relates to a claim that is 

21 brought under section 7A of the Sherman Act.’’. 

22 SEC. 4. SEVERABILITY. 

23 If any provision of this Act (or of an amendment 

24 made by this Act) is held invalid the remainder of this 

25 Act (or of the amendment) shall not be affected thereby. 


pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 542 

117TH CONGRESS 

2D SESSION S. 977 

A BILL 

To amend the Sherman Act to make oil-producing 

and exporting cartels illegal. 

OCTOBER 18, 2022 

Reported under authority of the order of the Senate of 

October 14, 2022, without amendment 


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