HR 2264 EHPCS
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.
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:
Clerk.
LORRAINE C. MILLER,
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
U.S. Congress - Text of H.R.2264 as Placed on Calendar Senate No Oil Producing and Exporting Cartels Act of 2007
