7 U.S.C. § 5664 — Repealed. Pub. L. 104–127, title II, § 248,

Page 1771 TITLE 7—AGRICULTURE § 5671 1 See References in Text note below. grams authorized under this chapter, or has oth- erwise violated program requirements under this chapter, the Commodity Credit Corporation may— (1) hold such exporter, assignee, or partici- pant liable for any and all losses to the Cor- poration resulting from such fraud or viola- tion; (2) require a refund of any assistance pro- vided to such exporter, assignee, or partici- pant plus interest, as determined by the Sec- retary; and (3) collect liquidated damages from such ex- porter, assignee, or participant in an amount determined appropriate by the Secretary. The provisions of this subsection shall be with- out prejudice to any other remedy that is avail- able under any other provision of law. (c) Suspension and debarment The Commodity Credit Corporation may sus- pend 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 na- ture 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, § 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.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334 substituted ‘‘and 5623(b)’’ for ‘‘and 5623’’. 2008—Subsec. (a)(1). Pub. L. 110–246 substituted ‘‘sec- tions 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 re- quire by regulation an exporter or other participant in the programs to make records available to the Sec- retary with respect to non-program transactions if such records would pertain directly to the review of program-related transactions undertaken by such ex- porter or participant, as determined by the Secretary.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. § 5663. Departmental administration system (a) In general With respect to each commercial export pro- motion program of the Department of Agri- culture or the Commodity Credit Corporation, the Secretary shall— (1) specify by regulation the criteria used to evaluate and approve proposals for that pro- gram; (2) establish a centralized system to permit the Foreign Agricultural Service to provide the history and current status of any proposal; (3) provide for regular audits of program transactions to determine compliance with program objectives and requirements; and (4) establish criteria to evaluate loans eligi- ble for guarantees by the Commodity Credit Corporation, so as to ensure that the Corpora- tion does not assume undue risk in providing such guarantees. (b) Accessibility of information Information pertaining to the status of a par- ticular proposal shall be retrievable within the central system by appropriate categories, as de- termined appropriate by the Secretary. (Pub. L. 95–501, title IV, § 403, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682.) § 5664. Repealed. Pub. L. 104–127, title II, § 248, Apr. 4, 1996, 110 Stat. 969 Section, Pub. L. 95–501, title IV, § 404, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682; amended Pub. L. 102–237, title III, § 312, Dec. 13, 1991, 105 Stat. 1856, related to regulations to implement export promotion provisions. PART B—MISCELLANEOUS PROVISIONS § 5671. Agricultural embargo protection (a) Prerequisites; scope of compensation Notwithstanding any other provision of law, if— (1) the President or other member of the ex- ecutive branch of the Federal Government causes the export of any agricultural com- modity to any country or area of the world to be suspended or restricted for reasons of na- tional security or foreign policy under the Ex- port Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 or under any other provision of law; (2) such suspension or restriction of the ex- port of such agricultural commodity is im- posed other than in connection with a suspen- sion or restriction of all exports from the United States to such country or area of the world; and (3) sales of such agricultural commodity for export from the United States to such country or area of the world during the year preceding the year in which the suspension or restriction is imposed exceeds 3 percent of the total sales of such commodity for export from the United States to all foreign countries during the year preceding the year in which the suspension or restriction is in effect; the Secretary shall compensate producers of the commodity involved by making payments avail- able to such producers, as provided in subsection (b) of this section.