Page:United States Statutes at Large Volume 114 Part 4.djvu/481

 PUBLIC LAW 106-532—NOV. 22, 2000 114 STAT. 2543 obtained under this subtitle shall be disclosed in accordance with section 552 of title 5, United States Code. "(3) VERIFICATION.—The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under this subtitle. "(4) ENFORCEMENT.— "(A) UNLAWFUL ACT.— It shall be unlawful and a violation of this subtitle for any person subject to this subtitle to willfully fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary in accordance with this subtitle. "(B) ORDER.— After providing notice and an opportunity for a hearing to affected persons, the Secretary may issue an order against any person to cease and desist from continuing any violation of this subtitle. "(C) APPEAL. — "(i) IN GENERAL.— The order of the Secretary under subparagraph (B) shall be final and conclusive unless an affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order. "(ii) FINDINGS. —A finding of the Secretary under this paragraph shall be set aside only if the finding is found to be unsupported by substantial evidence. "(D) NONCOMPLIANCE WITH ORDER.— "(i) IN GENERAL. — I f a person subject to this subtitle fails to obey an order issued under this paragraph after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order. "(ii) ENFORCEMENT.—I f the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order. "(iii) CIVIL PENALTY. — If the court finds that the person violated the order, the person shall be subject to a civil penalty of not more than $10,000 for each offense. "(5) FEES. —The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement fee, or any other fee under this subtitle for— "(A) the submission or reporting of information; "(B) the receipt or availability of, or access to, published reports or information; or "(C) any other activity required under this subtitle. 79-194O-00 - 16:QL3Part4

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