In the administration of the programs established under sections
5623 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.
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.
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.
1996—Subsec. (a)(2), (3). Pub. L. 104–127redesignated 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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.