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7 U.S.C. § 5662Compliance provisions

submitted 36 years ago by Pub. L. 95-501 to r/title-7-AGRICULTURE · 368 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires program records and provides remedies for fraud or other violations. It also permits suspension or debarment.

(a) Records. (1) The Secretary must require exporters and other program participants by regulation to keep all records about a transaction under sections 5621, 5622, and 5623(b) for no more than 5 years after completion and to give the Secretary full access during that period. (2) Personally identifying information in reports may be withheld under section 552(b)(4) of title 5. An Agriculture Department officer or employee who knowingly discloses confidential information defined in section 1905 of title 18 is subject to section 1905. This does not authorize withholding information from Congress. (b) Violations. If an exporter, assignee, or participant commits fraud or otherwise violates this chapter’s program requirements, the Corporation may (1) hold that person liable for all resulting losses, (2) require repayment of assistance plus interest set by the Secretary, and (3) collect liquidated damages in an amount the Secretary considers proper. These remedies do not replace other legal remedies. (c) Suspension and debarment. After an opportunity for a hearing, the Corporation may suspend or bar the person for one or more years from one or more programs if it finds a program or chapter violation serious enough to warrant that action. (d) False certifications. Section 1001 of title 18 applies to false certifications under this chapter.
the actual law source: uscode.house.gov ↗public domain
(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

The personally identifiable information contained in reports under subsection (a) 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.

Source credit: (Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3681; amended Pub. L. 104–127, title II, § 247, Apr. 4, 1996, 110 Stat. 969; Pub. L. 110–246, title III, § 3103(b)(5), June 18, 2008, 122 Stat. 1833; Pub. L. 115–334, title III, § 3201(b)(1)(B), Dec. 20, 2018, 132 Stat. 4616.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 95-501 · 104 Stat. 3681
  • 1996Amended · Pub. L. 104-127 · 110 Stat. 969
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1833
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4616

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-501 on 1990-11-28.

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