15 USC 4501 - Restitutionary amounts covered

U.S Code last checked for updates: Nov 22, 2024

§ 4501.

Restitutionary amounts covered

(a)

In general

This chapter (other than section 4504 of this title)—

(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 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

(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

(e)

Interest

(Pub. L. 99–509, title III, § 3002, Oct. 21, 1986, 100 Stat. 1881.)

cite as: 15 USC 4501