15 U.S.C. § 4501 — Restitutionary amounts covered
submitted 40 years ago by Pub. L. 99-509 to r/title-15-COMMERCE-AND-TRADE · 490 words · no verdicts yet
This chapter governs how certain petroleum-law restitution funds and interest are identified, held, and distributed. It excludes amounts already paid or assigned to particular claimants and requires Treasury-held funds to earn specified interest.
(a) In general. Except for section 4504, this chapter: (1) sets the procedure for distributing funds, including interest, collected by the Secretary* or courts under the Emergency Petroleum Allocation Act of 1973 or Economic Stabilization Act of 1970 and their regulations as restitution for actual or alleged violations; and (2), subject to (c), applies to (A) such funds held in Secretary-administered Treasury accounts on or after October 21, 1986, and (B) amounts ever determined in judicial or administrative proceedings, including settlements and declaratory judgments, to have been paid for such violations, including amounts held in court escrow. (b) Special rule. Amounts covered by (a)(2) and held by a court before October 21, 1986 may remain there, but the Secretary or court must distribute them, with interest, only under this chapter. (c) Exclusions. (a)(2) does not apply to (1) amounts actually distributed before October 21, 1986 under section 155 of Public Law 97-377 or a final order or judgment; (2) amounts to which a person* or class has an enforceable right created, vested, or governed by the July 7, 1986 stripper-well settlement; or (3) amounts an order or judgment designates for distribution to a specific injured person or class, including persons identified as injured by an actual or alleged violation or persons identified before October 21, 1986 for indirect restitution. (d) Escrow. Subject to (b) and (c), covered amounts must be held in appropriate escrow accounts administered for the Secretary by the Treasury Secretary. (e) Interest. Consistently with this chapter's distribution rules, the Treasury Secretary must provide interest at the maximum rate earned on Federal trust-fund investments in short- and long-term Federal Government securities, including minority-bank investments.
This chapter (other than section 4504 of this title)—
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
subject to subsection (c), applies to—
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
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.
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.
Subsection (a)(2) does not apply to—
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);
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
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—
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
identified in such order or judgment issued before October 21, 1986, for indirect restitution.
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.
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).
Source credit: (Pub. L. 99–509, title III, § 3002, Oct. 21, 1986, 100 Stat. 1881.)
- 1986Enacted · Pub. L. 99-509 · 100 Stat. 1881
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-509 on 1986-10-21.
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