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U.S. Code as of:
01/19/04
Section 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) of this section, 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) of this section 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) of this section 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) of this section (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) of this section, the amounts
covered by subsection (a) of this section 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) of this section 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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