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 ad- ministered 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 adminis- trative proceedings (including any settle- ment 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 Oc- tober 21, 1986, may continue to be held by such court but shall be disbursed, together with any interest thereon, by the Secretary or, as appro- priate, 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 Oc- tober 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 agree- ment 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 condi- tions 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 ad- ministrative order or judgment (including any settlement agreement or declaratory judg- ment) 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) (in- cluding 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 appro- priate escrow accounts administered for the Sec- retary by the Secretary of the Treasury. (e) Interest Consistent with the disbursement require- ments of this chapter, the Secretary of the Treasury shall provide that amounts described in subsection (a) shall earn interest at the max- imum 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). (Pub. L. 99–509, title III, § 3002, Oct. 21, 1986, 100 Stat. 1881.) Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a)(1), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which pro- vided for the expiration of the President’s authority under that chapter on Sept. 30, 1981. The Economic Stabilization Act of 1970, referred to in subsec. (a)(1), is title II of Pub. L. 91–379, Aug. 15, 1970, 84 Stat. 799, formerly set out as an Economic Stabiliza- tion Provisions note under section 1904 of Title 12, Banks and Banking. Section 155 of Public Law 97–377, referred to in sub- sec. (c)(1), is section 155 of Pub. L. 97–377, title I, Dec. 21, 1982, 96 Stat. 1919, which is not classified to the Code. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–509, title III, § 3001, Oct. 21, 1986, 100 Stat. 1881, provided that: ‘‘This subtitle [subtitle A Page 2124 TITLE 15—COMMERCE AND TRADE § 4502 1 See References in Text note below. (§§ 3001–3008) of title III of Pub. L. 99–509, enacting this chapter] may be cited as the ‘Petroleum Overcharge Distribution and Restitution Act of 1986’.’’ § 4502. Identification and disbursement of restitutionary amounts (a) In general (1) Subject to paragraph (2)— (A) all rulings, policies, or other statements (including any administrative order or settle- ment agreement) issued after October 21, 1986, by any office, official, or employee of the De- partment of Energy; and (B) all orders, including declaratory judg- ments, issued by any court after October 21, 1986, shall be consistent with the provisions of this chapter. (2) Nothing in this section shall affect the set- tlement 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. (b) to (d) Repealed. Pub. L. 99–509, title III, § 3003(e), as added Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295 (e) Repeal of subsections (b) to (d); equitable dis- tribution of escrow remainder to claimants Subsections (b), (c), and (d) of this section are repealed, and any rights that may have arisen are extinguished, on the date of the enactment of the Department of the Interior and Related Agencies Appropriations Act, 1999. After that date, the amount available for direct restitution to current and future refined petroleum product claimants under this chapter is reduced by the amounts specified in title II of that Act as being derived from amounts held in escrow under sec- tion 4501(d) of this title. The Secretary shall as- sure that the amount remaining in escrow to satisfy refined petroleum product claims for di- rect restitution is allocated equitably among the claimants. (Pub. L. 99–509, title III, § 3003, Oct. 21, 1986, 100 Stat. 1882; Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295.) Editorial Notes REFERENCES IN TEXT The Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in subsec. (e), is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231. Provisions of title II of the Act relat- ing to amounts held in escrow under section 4501(d) of this title (112 Stat. 2681–276) are not classified to the Code. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress. AMENDMENTS 1998—Subsecs. (b) to (e). Pub. L. 105–277 added subsec. (e) which struck out subsec. (b) relating to disburse- ment of restitutionary amounts as direct restitution to injured persons, subsec. (c) relating to determination of excess amount to be used for indirect restitution, and subsec. (d) relating to disbursement of excess amount as indirect restitution for energy conservation pro- grams. § 4503. Deposit of remainder of excess amount into Treasury as indirect restitution The amount that remains from the excess amount described in section 4502(c) 1 of this title after all disbursements have been made for a fis- cal year under section 4502(d) 1 of this title shall be deposited by the Secretary of the Treasury into the general fund of the Treasury. (Pub. L. 99–509, title III, § 3004, Oct. 21, 1986, 100 Stat. 1884.) Editorial Notes REFERENCES IN TEXT Section 4502(c) and (d) of this title, referred to in text, was repealed by section 4502(e) of this title. § 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 appro- priate district court of the United States. (3) For purposes of this section, the term ‘‘civil enforcement action’’ means an adminis- trative or judicial civil action by the Secretary under the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 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 ac- tion is outside the United States, has ab- sconded or concealed himself, or is not subject to legal process; (B) during which facts material to the estab- lishment and maintenance of a civil enforce- ment 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, and such additional period (not to exceed 12 cal- endar months) after such compliance for the Secretary to consider the results thereof and commence a civil enforcement action;