§ 5662. Compliance provisions
(a)
Records
(1)
In general
In the administration of the programs established under sections
5621,
5622, and
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.
(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.