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U.S. Code as of:
01/19/04
Section 4504. Statute of limitation
(a) In general
(1) Except as provided in subsection (b) of this section, 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 appropriate district
court of the United States.
(3) For purposes of this section, the term "civil enforcement
action" means an administrative 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) of this section, there shall be excluded
any period -
(A) during which any person who is or may become the subject of
a civil enforcement action is outside the United States, has
absconded or concealed himself, or is not subject to legal
process;
(B) during which facts material to the establishment and
maintenance of a civil enforcement 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 calendar
months) after such compliance for the Secretary to consider the
results thereof and commence a civil enforcement action;
(D) during the pendency of any relevant criminal action under
the Acts or regulations described in subsection (a)(1) of this
section 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 criminal action to commence a civil enforcement action;
(E) before the issuance of an order that constitutes final
agency action on a request for adjustment from any rule,
regulation, or order under section 7194 of title 42, and such
additional period (not to exceed 12 calendar months) to commence
a civil enforcement action; or
(F) of extension, to which the Secretary and the defendant have
consented in writing, before the expiration of the time periods
prescribed in subsection (a)(1) of this section.
(2) The provisions of subsection (a) of this section 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 Appeals, the Federal Energy Regulatory Commission, or
the court for further action of any kind.
(3) The provisions of subsection (a) of this section shall not
apply to any agency orders issued under the Acts or regulations
described in subsection (a)(1) of this section 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 within the time frames specified on September 12, 1986, by
such Administrator to the Committee on Energy and Commerce of the
House of Representatives, commence civil enforcement actions with
respect to all cases known by such Administrator as of October
21, 1986, and designated 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) of this section to apply to any such case;
(C) any negotiations for the purpose of settlement 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 considered 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) of this section for the purpose of commencement
of any civil enforcement action. Nothing in this subsection shall
affect or apply to any audit or investigation conducted with
respect to any civil enforcement action commenced (within the
limitation established by subsection (a)(1) of this section)
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 determined under section 7193
or 7194 of title 42 may not be initiated in any court by any person
subject to such action after -
(1) 60 days after the effective date of that action; or
(2) 90 days after October 21, 1986,
whichever occurs later.
(f) Oversight
(1) In order to ensure the expeditious, effective, and efficient
resolution of all civil enforcement actions (whether or not in
administrative or judicial litigation) and all cases pending at the
Office of Hearings and Appeals under subpart V regulations, the
Secretary shall -
(A) maintain a personnel level for the compliance 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 appropriation Act enacted for
such fiscal year concerning such program; and
(B) maintain for the remainder of the program an adequate mix
of lawyers, auditors, technical, clerical, and administrative
personnel.
(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, provide a notice of
at least 30 days to such Committees 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, including the subpart V regulation
proceedings; and
(C) the expected costs and savings for the applicable fiscal
year.
(4) The Administrator of the Economic Regulatory Administration
shall keep such Committees fully and currently informed about the
status (including delays, settlement negotiations, and other
pertinent matters) of all enforcement cases (whether or not in
litigation) and subpart V regulation proceedings.
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