7 U.S.C. § 5662 | Compliance provisions

(a)

Records

(1)

In general

In the administration of the programs established under sections 5621, 5622, and 5623(b) of this title the Secretary shall require by regulation each exporter or other participant under the program to maintain all records concerning a program transaction for a period of not to exceed 5 years after completion of the program transaction, and to permit the Secretary to have full and complete access, for such 5-year period, to such records.

(2)

Confidentiality

section 552(b)(4) of title 5 section 1905 of title 18 section 1905 of title 18The personally identifiable information contained in reports under subsection (a) may be withheld in accordance with . Any officer or employee of the Department of Agriculture who knowingly discloses confidential information as defined by shall be subject to . Nothing in this subsection shall be construed to authorize the withholding of information from Congress.

(b)

Violation

If any exporter, assignee, or other participant has engaged in fraud with respect to the programs authorized under this chapter, or has otherwise violated program requirements under this chapter, the Commodity Credit Corporation may—

(1)

hold such exporter, assignee, or participant liable for any and all losses to the Corporation resulting from such fraud or violation;

(2)

require a refund of any assistance provided to such exporter, assignee, or participant plus interest, as determined by the Secretary; and

(3)

collect liquidated damages from such exporter, assignee, or participant in an amount determined appropriate by the Secretary.

The provisions of this subsection shall be without prejudice to any other remedy that is available under any other provision of law.

(c)

Suspension and debarment

The Commodity Credit Corporation may suspend or debar for 1 or more years any exporter, assignee, or other participant from participation in one or more of the programs authorized by this chapter if the Corporation determines, after opportunity for a hearing, that such exporter, assignee, or other participant has violated the terms and conditions of the program or of this chapter and that the violation is of such a nature as to warrant suspension or debarment.

(d)

False certifications

section 1001 of title 18The provisions of shall apply to any false certifications issued under this chapter.

Pub. L. 95–501, title IV, § 402 Pub. L. 101–624, title XV, § 1531Nov. 28, 1990104 Stat. 3681 Pub. L. 104–127, title II, § 247Apr. 4, 1996110 Stat. 969 Pub. L. 110–246, title III, § 3103(b)(5)June 18, 2008122 Stat. 1833 Pub. L. 115–334, title III, § 3201(b)(1)(B)Dec. 20, 2018132 Stat. 4616 (, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 115–3342018—Subsec. (a)(1). substituted “and 5623(b)” for “and 5623”.

Pub. L. 110–2462008—Subsec. (a)(1). substituted “sections 5621, 5622, and 5623” for “sections 5621, 5622, 5623, and 5651”.

Pub. L. 104–1271996—Subsec. (a)(2), (3). redesignated par. (3) as (2) and struck out heading and text of former par. (2). Text read as follows: “The Secretary may require by regulation an exporter or other participant in the programs to make records available to the Secretary with respect to non-program transactions if such records would pertain directly to the review of program-related transactions undertaken by such exporter or participant, as determined by the Secretary.”

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–246May 22, 2008section 4(b) of Pub. L. 110–246 section 8701 of this titleAmendment by effective , see , set out as an Effective Date note under .