15 U.S.C. § 4501

Restitutionary amounts covered

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar

(a) In generalThis 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

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.

(c) ExclusionsSubsection (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

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.

(e) Interest

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).

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

The Emergency Petroleum Allocation Act of 1973, referred 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 provided 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 Stabilization Provisions note under section 1904 of Title 12, Banks and Banking.

Section 155 of Public Law 97–377, referred to in subsec. (c)(1), is section 155 of Pub. L. 97–377, title I, Dec. 21, 1982, 96 Stat. 1919, which is not classified to the Code.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 99–509, title III, § 3001, Oct. 21, 1986, 100 Stat. 1881, provided that: “This subtitle [subtitle A (§§ 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’.”

Notes of Decisions

Cited in 13 cases, 1987–2002 · leading case: Texas Am. Oil Corp. v. United States Dep't of Energy, 44 F.3d 1557 (Fed. Cir. 1995).

Sort: Relevance Newest Treatment

Texas Am. Oil Corp. v. United States Dep't of Energy, 44 F.3d 1557 (Fed. Cir. 1995). “See 15 U.S.C. §§ 4501 (c)(2), 4502(a)(2).”

The Rio Grande, El Paso & Santa Fe R.R. Co. & Burlington N. & Santa Fe Ry. Co. v. Dep't of Energy, 234 F.3d 1 (Fed. Cir. 2000). · cites it 2× “15 U.S.C. § 4501 (a)(1); 10 C.F.R. § 205.”

Getty Oil Co. v. Dep't of Energy, 865 F.2d 270 (Temp. Emerg. Ct. App. 1988). · cites it 2× “5 15 U.S.C. § 4501 (c)(2). During this period of general policymak-ing concerning overcharge refunding, the Getty case was pending.”

Getty Oil Co. v. Dep't of Energy, 117 F.R.D. 540 (D. Del. 1987). · cites it 2× “” 15 U.S.C. § 4501 (a). The Act creates a “Special Rule” in § 4501(b) specifically applying PODRA to amounts held in escrow accounts by courts before the date of enactment.”

Rsch. Fuels, Inc. v. United States Dep't of Energy, 977 F.2d 601 (Temp. Emerg. Ct. App. 1992). · cites it 2× “As such, RFI contends, DOE has a duty under PODRA (the Petroleum Overcharge Distribution and Restitution Act, 15 U.S.C. § 4501 et seq.) to make restitution to RFI for those lost profits.”

Amoco Corp v. U.S. Dep't of Energy, 912 F.2d 472 (Temp. Emerg. Ct. App. 1990). “on or after the date of enactment_” 15 U.S.C. § 4501 (a)(2)(A). Nonetheless, assuming that this section requires actual notice, it would be unreasonable to expect the DOE to anticipate the provisions of a law that was not in existence when the final Aminoil order was published.”

United States Dep't of Energy v. Seneca Oil Co., 906 F.2d 1445 (10th Cir. 1990). “Under the Petroleum Overcharge Distribution and Restitution Act of 1986 (“PO-DRA”), 15 U.S.C. § 4501 et seq., the DOE is obligated to attempt to identify and compensate overcharged purchasers.”

Sinclair Oil Corp. v. Abraham, 291 F.3d 822 (Fed. Cir. 2002). “15 U.S.C. § 4501 (a)(1); 10 C.F.R. § 205.”

Bush v. United States, 989 F.2d 509 (Temp. Emerg. Ct. App. 1993). “PODRA’s Statute of Limitation The Petroleum Overcharge Distribution and Restitution Act of 1986 [PODRA], codified at 15 U.S.C. § 4501 et seq., established the procedures for restitutionary distribution of petroleum overcharge funds involving overcharges resulting from alleged…”

Consol. Edison Co. of New York v. O'Leary, 117 F.3d 538 (Fed. Cir. 1997). “Plaintiffs also rely on the Petroleum Overcharge Distribution and Restitution Act of 1986 (PODRA), 15 U.S.C. § 4501 et seq. in its complaint.”

Consol. Edison Co. v. O'Leary, 131 F.3d 1475 (Fed. Cir. 1997). “The Petroleum Overcharge Distribution and Restitution Act (PODRA), 15 U.S.C. § 4501 et seq., requires the Secretary of Energy to identify persons who have been harmed by a violation of the EPAA regulations and to use recovered funds to make restitution “to the maximum extent…”

Consol. Edison Co. of New York, Inc. v. Abraham, 4 F. App'x 952 (Fed. Cir. 2001). “In the decision and order, OHA awarded PREPA a refund award *953 pursuant to The Petroleum Overcharge Distribution and Restitution Act (“PO-DRA”), codified at 15 U.S.C. § 4501 (1994). PODRA requires DOE to identify entities harmed by crude oil overcharges during the period of…”

Show all 13 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.