I 
117TH CONGRESS 
1ST SESSION H. R. 2393 
To amend the Sherman Act to make oil-producing and exporting cartels 
illegal. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2021 
Mr. CHABOT (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 Representa-
tives 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 2021’’ 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: 
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‘‘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 com-
bination 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 co-
operation 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 doc-
trines 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 
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brought in any district court of the United States as pro-
vided 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 sec-
tion 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. 
Æ 
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