§ 4504. — Statute of limitation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4504]
TITLE 15--COMMERCE AND TRADE
CHAPTER 71--PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION
Sec. 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.
(Pub. L. 99-509, title III, Sec. 3005, Oct. 21, 1986, 100 Stat. 1884.)
References in Text
The Emergency Petroleum Allocation Act of 1973, referred to in
subsec. (a)(3), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as
amended, which was classified generally to chapter 16A (Sec. 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)(3), is title II of Pub. L. 91-379, Aug. 15, 1970, 84 Stat. 799, as
amended, formerly set out as an Economic Stabilization Provisions note
under section 1904 of Title 12, Banks and Banking.
This chapter, referred to in subsec. (b)(3), was in the original
``this Act'', which was translated as meaning this subtitle, which
enacted this chapter, to reflect the probable intent of Congress.
Change of Name
Committee on Energy and Commerce of House of Representatives treated
as referring to Committee on Commerce of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of House of
Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities
and exchanges and insurance generally transferred to Committee on
Financial Services of House of Representatives by House Resolution No.
5, One Hundred Seventh Congress, Jan. 3, 2001.
Section Referred to in Other Sections
This section is referred to in sections 4501, 4506 of this title.
