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

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 (b) to (d) Repealed.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(b) to (d); equitable dis- tribution of escrow remainder to claimants Subsections (b), (c), and (d) of this section are repealed, and any rights that may have arisen are extinguished, on the date of the enactment of the Department of the Interior and Related Agencies Appropriations Act,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; Page 2125 TITLE 15—COMMERCE AND TRADE § 4504 (D) during the pendency of any relevant criminal action under the Acts or regulations described in subsection (a)(1) during which a civil enforcement action is held in abeyance as a result of prosecutorial discretion and with or without a stay, and such additional period (not to exceed 12 calendar months) after a final judicial order or dismissal of such crimi- nal action to commence a civil enforcement action; (E) before the issuance of an order that con- stitutes final agency action on a request for adjustment from any rule, regulation, or order under section 7194 of title 42, and such addi- tional period (not to exceed 12 calendar months) to commence a civil enforcement ac- tion; or (F) of extension, to which the Secretary and the defendant have consented in writing, be- fore the expiration of the time periods pre- scribed in subsection (a)(1). (2) The provisions of subsection (a) shall not affect or apply to any civil enforcement action commenced before, on, or after October 21, 1986, and remanded by the Office of Hearings and Ap- peals, the Federal Energy Regulatory Commis- sion, or the court for further action of any kind. (3) The provisions of subsection (a) shall not apply to any agency orders issued under the Acts or regulations described in subsection (a)(1) or to regulations issued under this chapter, other than a proposed remedial order subject to this section. (c) Expression of intent (1) It is the intent of the Congress that— (A) the Secretary and the Administrator of the Economic Regulatory Administration shall, to the greatest extent possible and with- in the time frames specified on September 12, 1986, by such Administrator to the Committee on Energy and Commerce of the House of Rep- resentatives, commence civil enforcement ac- tions with respect to all cases known by such Administrator as of October 21, 1986, and des- ignated by such Administrator as ‘‘prelitigation cases’’, unless such an action is found not to be warranted; (B) the Secretary and such Administrator not delay civil enforcement actions so as to cause the limitation in subsection (a)(1) to apply to any such case; (C) any negotiations for the purpose of set- tlement of alleged violations not delay the commencement of a civil enforcement action; and (D) the Department of Justice cooperate in ensuring that activities necessary, including the enforcement of subpoenas, to commence civil enforcement actions are carried out in a timely manner. (2) Any failure to comply with the time frames described in paragraph (1)(A) shall not be consid- ered for any purpose in any administrative or judicial proceeding subsequently commenced. (d) End of investigations and audits Notwithstanding any other provision of law, the Secretary shall not initiate, after January 1, 1987, any audit or investigation of alleged civil violations of the Acts or regulations described in subsection (a)(1) for the purpose of com- mencement of any civil enforcement action. Nothing in this subsection shall affect or apply to any audit or investigation conducted with re- spect to any civil enforcement action com- menced (within the limitation established by subsection (a)(1)) before, on, or after October 21, 1986. Nothing in this subsection shall limit the authority of the Secretary to continue any audit or investigation initiated before January 1, 1987. (e) Limitation on review Any review of a final agency action deter- mined under section 7193 or 7194 of title 42 may not be initiated in any court by any person sub- ject to such action after— (1) 60 days after the effective date of that ac- tion; or (2) 90 days after October 21, 1986, whichever occurs later. (f) Oversight (1) In order to ensure the expeditious, effec- tive, and efficient resolution of all civil enforce- ment actions (whether or not in administrative or judicial litigation) and all cases pending at the Office of Hearings and Appeals under sub- part V regulations, the Secretary shall— (A) maintain a personnel level for the com- pliance program of the Economic Regulatory Administration of 170 full-time equivalents for fiscal year 1987, subject to normal attrition and subject to the provisions of any appropria- tion Act enacted for such fiscal year con- cerning such program; and (B) maintain for the remainder of the pro- gram an adequate mix of lawyers, auditors, technical, clerical, and administrative per- sonnel. (2) By July 1, 1987, and by July 1 of each year thereafter, the Administrator of the Economic Regulatory Administration shall provide to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate the full-time equivalent level necessary for such compliance program for the next fiscal year and the basis for that level. (3) The Secretary shall, in any fiscal year, pro- vide a notice of at least 30 days to such Commit- tees before initiating any reduction of force at the Economic Regulatory Administration. Such notice shall provide at least— (A) the reasons for such reduction; (B) the impact on the mix of personnel and on all cases, whether or not in litigation, in- cluding the subpart V regulation proceedings; and (C) the expected costs and savings for the ap- plicable fiscal year. (4) The Administrator of the Economic Regu- latory Administration shall keep such Commit- tees fully and currently informed about the sta- tus (including delays, settlement negotiations, and other pertinent matters) of all enforcement cases (whether or not in litigation) and subpart V regulation proceedings. (Pub. L. 99–509, title III, § 3005, Oct. 21, 1986, 100 Stat. 1884.) Page 2126 TITLE 15—COMMERCE AND TRADE § 4505 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a)(3), 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)(3), 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. This chapter, referred to in subsec. (b)(3), was in the original ‘‘this Act’’, which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4505. Reports (a) Report on receipts and disbursements The Secretary shall transmit, not later than 60 days after October 21, 1986, a report to the committees referred to in subsection (d) con- taining a clear and complete statement of all re- ceipts, disbursements, and commitments of restitutionary amounts, as of October 21, 1986, by the Secretary pursuant to— (1) any judicial or administrative proceeding (including any settlement agreement or de- claratory judgment) instituted at any time by the Secretary to enforce the crude oil and pe- troleum product pricing and allocation regula- tions issued under the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.] or the Economic Stabilization Act of 1970; or (2) section 155 of Public Law 97–377. (b) Report on collection of certain deficiency funds The Secretary shall transmit a report each fis- cal year, beginning in fiscal year 1987, to such committees on the status of collections by the Secretary of deficiency funds to be deposited into the M.D.L. No. 378 escrow account estab- lished by the United States District Court for the District of Kansas until all such deficiency funds have been paid. The Secretary shall, in a manner substantially similar to that required by section 155 of Public Law 97–377 with respect to amounts disbursed under such section, mon- itor the disposition by the States of any funds disbursed to the States by the court pursuant to the opinion and order of such District Court, dated July 7, 1986, with respect to In Re: the De- partment of Energy Stripper Well Exemption Litigation, M.D.L. No. 378, including the use of such funds for administrative costs and attor- neys fees. (c) Report on amount estimated to be available for indirect restitution The Secretary shall transmit, on March 1 of each year beginning with 1987 and continuing until all the restitutionary amounts to which section 4501(a) of this title applies have been col- lected and disbursed as provided in this chapter, a report to such committees containing an esti- mate of the amount that will be determined under section 4502(c) 1 of this title to be the ex- cess amount for purposes of section 4502(d)(1)(B) 1 of this title for the fiscal year be- ginning the next October 1. (d) Receipt by committees The reports required by this chapter shall be transmitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate. (Pub. L. 99–509, title III, § 3006, Oct. 21, 1986, 100 Stat. 1886.) 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- secs. (a)(2), (b), is section 155 of Pub. L. 97–377, title I, Dec. 21, 1982, 96 Stat. 1919, which is not classified to the Code. Section 4502(c) and (d) of this title, referred to in sub- sec. (c), was repealed by section 4502(e) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4506. Termination (a) In general (1) Except as provided in subsection (b), the provisions of this chapter (other than section 4504 of this title) shall terminate 90 days after the Secretary— (A) determines that all of the restitutionary amounts to which section 4501(a) of this title