Title 7 — Agriculture
Part A · Chapter 87 — Export Promotion
§ 5662. Compliance provisions
Statutory text
Records
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.
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.
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—
hold such exporter, assignee, or participant liable for any and all losses to the Corporation resulting from such fraud or violation;
require a refund of any assistance provided to such exporter, assignee, or participant plus interest, as determined by the Secretary; and
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.
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.
False certifications
The provisions of section 1001 of title 18 shall apply to any false certifications issued under this chapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Trade Act of 1978
Pub. L. 95–501 title IV § 402 · 92 Stat. 1685
Enacted · 7 U.S.C. § 5662
Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3681
Source evidence
Code source credit
Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3681Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title II § 247 · 110 Stat. 888
Redesignated · 7 U.S.C. § 5662(a)(2); 7 U.S.C. § 5662(a)(3)
Pub. L. 104–127 redesignated par. (3) as (2)
Struck · 7 U.S.C. § 5662(a)(2); 7 U.S.C. § 5662(a)(3)
Pub. L. 104–127 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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 247. COMPLIANCE. Section 402(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5662(a)) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 title III § 3103(b)(5) · 122 Stat. 1651
Substituted · 7 U.S.C. § 5662(a)(1)
Pub. L. 110–246 substituted “sections 5621, 5622, and 5623” for “sections 5621, 5622, 5623, and 5651”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–246 substituted “sections 5621, 5622, and 5623” for “sections 5621, 5622, 5623, and 5651”.Enacted provision · exact public law section
(5) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking “sections 201, 202, 203, and 301” and inserting “sections 201, 202, and 203”.Effective date note
Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.Agriculture Improvement Act of 2018
Pub. L. 115–334 title III § 3201(b)(1)(B) · 132 Stat. 4490
Substituted · 7 U.S.C. § 5662(a)(1)
Pub. L. 115–334 substituted “and 5623(b)” for “and 5623”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–334 substituted “and 5623(b)” for “and 5623”.Enacted provision · exact public law section
(B) Section 402(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking “203” and inserting “203(b)”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1996–2018 · 3 rounds
2018
Subsec. (a)(1). Pub. L. 115–334 substituted “and 5623(b)” for “and 5623”.
2008
Subsec. (a)(1). Pub. L. 110–246 substituted “sections 5621, 5622, and 5623” for “sections 5621, 5622, 5623, and 5651”.
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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–246 effective , see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Credits
1990–2018 · 4 acts
- 1990Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3681
- 1996amended Pub. L. 104–127, title II, § 247, , 110 Stat. 969
- 2008Pub. L. 110–246, title III, § 3103(b)(5), , 122 Stat. 1833
- 2018Pub. L. 115–334, title III, § 3201(b)(1)(B), , 132 Stat. 4616.
Show as published
(Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3681; amended Pub. L. 104–127, title II, § 247, , 110 Stat. 969; Pub. L. 110–246, title III, § 3103(b)(5), , 122 Stat. 1833; Pub. L. 115–334, title III, § 3201(b)(1)(B), , 132 Stat. 4616.)