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15 U.S.C. § 4501 — Restitutionary amounts covered

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4501 — Restitutionary amounts covered

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Source file: Laws/federal/codes/united-states-code/title-15/section-4501-restitutionary-amounts-covered--2852d08ee6.md
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Source location: Title 15, Chapter 71, § 4501; chapter-071-petroleum-overcharge-distribution-and-restitution.md

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**(a) In general** This chapter (other than [section 4504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4504&num=0&edition=prelim))— (1) specifies the procedure for the disbursement of funds collected, including interest thereon, by the Secretary or the courts pursuant to the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.] or the Economic Stabilization Act of 1970 (and the regulations issued thereunder) as restitution for actual or alleged violations of such Acts or regulations; and (2) subject to subsection (c), applies to— (A) any amount of such funds held in escrow by the Secretary through accounts administered by the Secretary of the Treasury on or after October 21, 1986; and (B) any amount of such funds determined at any time, pursuant to judicial or administrative proceedings (including any settlement agreement or declaratory judgment) instituted by the Secretary to enforce such Acts and regulations, to be amounts paid for such actual or alleged violations, including any such amounts held in escrow by any court. **(b) Special rule** Amounts described in subsection (a)(2) and held in an escrow account by a court before October 21, 1986, may continue to be held by such court but shall be disbursed, together with any interest thereon, by the Secretary or, as appropriate, by the court only in accordance with the provisions of this chapter. **(c) Exclusions** Subsection (a)(2) does not apply to— (1) any amount actually disbursed before October 21, 1986, to any person or class of persons pursuant to section 155 of Public Law 97–377 or any final judicial or administrative order or judgment (including any settlement agreement or declaratory judgment); (2) any amount to which any person or class of persons has an enforceable right, created or vested, or governed by the terms and conditions of the settlement approved on July 7, 1986, in In Re: the Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378, in the United States District Court for the District of Kansas; and (3) any amount designated by judicial or administrative order or judgment (including any settlement agreement or declaratory judgment) for disbursement at any time to any specific person or class of persons— (A) identified in such order or judgment as injured by the violation or alleged violation of the Acts described in subsection (a)(1) (including the regulations thereunder); or (B) identified in such order or judgment issued before October 21, 1986, for indirect restitution. **(d) Escrow accounts** Subject to subsections (b) and (c), the amounts covered by subsection (a) shall be held in appropriate escrow accounts administered for the Secretary by the Secretary of the Treasury. **(e) Interest** Consistent with the disbursement requirements of this chapter, the Secretary of the Treasury shall provide that amounts described in subsection (a) shall earn interest at the maximum rate earned on investments of Federal trust funds by the Secretary of the Treasury in short-term and long-term securities issued by the Federal Government (including minority bank investments).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4504 — Statute of limitation

**(a) In general** (1) Except as provided in subsection (b), the commencement of a civil enforcement action shall be barred unless such action is commenced before the later of— (A) September 30, 1988; or (B) six years after the date of the violation upon which the action is based. (2) For purposes of paragraph (1), the term “commencement of a civil enforcement action” means— (A) the signing and issuance of a proposed remedial order against any person for filing with the Office of Hearings and Appeals of the Department of Energy; or (B) the filing of a complaint with the appropriate district court of the United States. (3) For purposes of this section, the term “civil enforcement action” means an administrative or judicial civil action by the Secretary under the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.] or the Economic Stabilization Act of 1970 (or the regulations issued thereunder) for the enforcement of any violation of such Acts or regulations. **(b) Exceptions** (1) In computing the periods established in subparagraphs (A) and (B) of subsection (a)(1), there shall be excluded any period— (A) during which any person who is or may become the subject of a civil enforcement action is outside the United States, has absconded or concealed himself, or is not subject to legal process; (B) during which facts material to the establishment and maintenance of a civil enforcement action could not be known; (C) occurring before full compliance with any subpoena or special report order issued to any person under [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section772&num=0&editi

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4501 — Restitutionary amounts covered

Page 2123 TITLE 15—COMMERCE AND TRADE § 4501 (4) The term ‘‘package’’ means a pack, box, carton, pouch, or container of any kind in which smokeless tobacco products are offered for sale, sold, or otherwise distributed to con- sumers. (5) The term ‘‘sale or distribution’’ includes sampling or any other distribution not for sale. (6) The term ‘‘Secretary’’ means the Sec- retary of Health and Human Services. (Pub. L. 99–252, § 9, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title I, § 101(c), June 22, 2009, 123 Stat. 1830.) Editorial Notes AMENDMENTS 2009—Par. (1). Pub. L. 111–31 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘smokeless tobacco’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.’’ CHAPTER 71—PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION Sec. 4501. Restitutionary amounts covered. 4502. Identification and disbursement of restitutionary amounts. 4503. Deposit of remainder of excess amount into Treasury as indirect restitution. 4504. Statute of limitation. 4505. Reports. 4506. Termination. 4507. Definitions. § 4501. Restitutionary amounts covered (a) In general This chapter (other than section 4504 of this title)— (1) specifies the procedure for the disburse- ment of funds collected, including interest thereon, by the Secretary or the courts pursu- ant to the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.] or the Eco- nomic Stabilization Act of 1970 (and the regu- lations issued thereunder) as restitution for actual or alleged violations of such Acts or regulations; and (2) subject to subsection (c), applies to— (A) any amount of such funds held in es- crow by the Secretary through accounts a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 4501

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 751 — Untitled legal text

Page 1230 TITLE 15—COMMERCE AND TRADE §§ 721, 722 amendment of subsec. (a) by inserting ‘‘or with an enti- ty the Secretary determines is qualified to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States,’’ before ‘‘to issue’’, was executed to par. (1) of subsec. (a) to reflect the probable intent of Con- gress. Subsec. (b)(1). Pub.L. 108–199, § 146(2), as amended by Pub. L. 108–447, § 114(1)–(3), inserted before period at end ‘‘, or after the Secretary certifies there exists a quali- fied entity to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States. In no case shall loan guarantees be issued for more than one qualified project’’. Subsec. (b)(4). Pub. L. 108–447, § 114(b), added par. (4). Subsec. (c)(2). Pub. L. 108–199, § 146(3), as amended by Pub. L. 108–447, § 114(1), (2), (4), which directed the amendment of subsec. (a)(2) by inserting ‘‘, except that the total amount of principal that may be guaranteed for a qualified liquefied natural gas project may not ex- ceed a principal amount in which the cost of loan guar- antees, as defined by section 661a(5) of title 2, exceeds $2,000,000,000’’ before period at end, was executed by making the amendment to subsec. (c)(2), to reflect the probable intent of Congress. Subsec. (g)(4). Pub.L. 108–199, § 146(4), as amended by Pub. L. 108–447, § 114(1), (2), (5), inserted ‘‘or system’’ after ‘‘gas transportation project’’ and ‘‘liquification plants and liquefied natural gas tankers for transpor- tation of liquefied natural gas from Southcentral Alas- ka to the West Coast’’ after ‘‘including gas treatment plants’’. Statutory Notes and Related

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 751

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