Page:United States Statutes at Large Volume 116 Part 2.djvu/168

 116 STAT. 950 PUBLIC LAW 107-210—AUG. 6, 2002 and issues a certification of eligibility under section 293, if the following conditions are met: "(A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under subsection (a) that was produced by the producer in the most recent year. "(B) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter. "(C) The producer's net farm income (as determined by the Secretary) for the most recent year is less than the producer's net farm income for the latest year in which no adjustment assistance was received by the producer under this chapter. "(D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including— "(i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and "(ii) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements. "(2) LIMITATIONS. — "(A) ADJUSTED GROSS INCOME.— "(i) IN GENERAL. — Notwithstanding any other provision of this chapter, an agricultural commodity producer shall not be eligible for assistance under this chapter in any year in which the average adjusted gross income of the producer exceeds the level set forth in section 100ID of the Food Security Act of 1985. "(ii) CERTIFICATION.— To comply with the limitation under subparagraph (A), an individual or entity shall provide to the Secretary— "(I) a certification by a certified public accountant or another third party that is acceptable to the Secretary that the average adjusted gross income of the producer does not exceed the level set forth in section lOOlD of the Food Security Act of 1985; or "(II) information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary. "(B) COUNTER-CYCLICAL PAYMENTS.—The total amount of payments made to an agricultural producer under this chapter during any crop year may not exceed the limitation on counter-cyclical payments set forth in section lOOl(c) of the Food Security Act of 1985. "(C) DEFINITIONS. —In this subsection:

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