Page:United States Statutes at Large Volume 122.djvu/1040

 12 2 STA T . 1 0 1 7PUBLIC LA W 110 – 2 34—M A Y 22, 200 8(2)TIM I NGOFPAY M E N TS.— T heS e cr e ta r ys ha l l m a k e p ay - me n tst o pro du cers under th i s section a f ter the Secretary recei v es documentation that the premium re q uired under a contract has b een paid to covered producers. (e) AD MINIST R ATION.— ( 1 ) I N GENERA L .—If fundin g provided for a crop year is not fully allocated under the initial request for proposals under subsection (c) , the Secretary shall issue additional requests for proposals for subsequent crop years under this section. (2) P RORATED PAYMENTS.—If funding provided for a crop year is less than the amount other w ise approved by the Sec- retary or for which approval is sought, the Secretary shall prorate the payments or approvals in a manner determined by the Secretary so that the total payments do not e x ceed the funding level. (f) PROPRIETARY INFORMATION.—The Secretary shall protect proprietary information provided to the Secretary for the purpose of administering this section. (g) PROGRAM C OMPLIAN C E AND PENALTIES.— (1) GU ARANTEE.—The proponent, if approved, shall be required to guarantee that the oilseed on which a payment is made by the Secretary under this section is used for human consumption as described in the proposal, as approved by the Secretary. (2) N ONCOMPLIANCE.—If oilseeds on which a payment is made by the Secretary under this section are not actually used for the purpose the payment is made, the proponent shall be required to pay to the Secretary an amount equal to, as determined by the Secretary— (A) in the case of an inadvertent failure, twice the amount of the payment made by the Secretary under this section to the producer of the oilseeds and ( B ) in any other case, up to twice the full value of the oilseeds involved. ( 3 ) D OCUMENTATION.—The Secretary may require such assurances and documentation as may be needed to enforce the guarantee. ( 4 ) ADDITIONAL PENALTIES.— (A) IN GENERAL.—In addition to payments required under paragraph (2), the Secretary may impose penalties on additional persons that use oilseeds the use of which is restricted under this section for a purpose other than the intended use. (B) AMOUNT.—The amount of a penalty under this paragraph shall— (i) be in an amount determined appropriated by the Secretary; but (ii) not to exceed twice the full value of the oilseeds. (h) AUT H ORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2 0 0 9 through 2012. SEC.160 6. P E R S ONAL L I A B ILI TY O F PRO DU CERS FOR DEFICIENCIES. Section 1 6 4of the F ederal Agriculture Improvement and R eform Act of 1996 ( 7U .S.C. 72 8 4) is amended by striking ‘ ‘and title I of the Farm Security and Rural Investment Act of 2002 ’ ’ each place it appears and inserting ‘‘title I of the Farm Security

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