
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5662]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 87--EXPORT PROMOTION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                        Part A--Program Controls
 
Sec. 5662. Compliance provisions


(a) Records

                           (1) In general

        In the administration of the programs established under sections 
    5621, 5622, 5623, and 5651 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

        The personally identifiable information contained in reports 
    under subsection (a) of this section may be withheld in accordance 
    with section 552(b)(4) of title 5. Any officer or employee of the 
    Department of Agriculture who knowingly discloses confidential 
    information as defined by section 1905 of title 18 shall be subject 
    to section 1905 of title 18. 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

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

(Pub. L. 95-501, title IV, Sec. 402, as added Pub. L. 101-624, title XV, 
Sec. 1531, Nov. 28, 1990, 104 Stat. 3681; amended Pub. L. 104-127, title 
II, Sec. 247, Apr. 4, 1996, 110 Stat. 969.)


                               Amendments

    1996--Subsec. (a)(2), (3). Pub. L. 104-127 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.''
