Page:United States Statutes at Large Volume 122.djvu/1768

 12 2 STA T . 1 745PUBLIC LA W 11 0– 24 6—J U NE 1 8, 2008 (F)thep e riod o f ti m e ,n ottoe xc eed 4y e a r s ,d u rin gw hich incenti v e payments are to b e provided to producers and ( G ) the targeted tota lq uantity of production and esti - mated acres needed to produce the targeted quantity for each year under this section . (d) CONTRAC T SF OR P RO DU CT I ON. — ( 1 ) I N GE NERA L .— T he S ecretary shall approve successful proposals submitted under subsection (c) on a timely basis. ( 2 )TI M ING OF P A Y MENTS.—The Secretary shall ma k e pay- ments to producers under this section after the Secretary receives documentation that the premium required under a contract has been paid to covered producers. (e) A DMINISTRATION.— (1) IN GENERAL.—If funding 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) PRORATED PAYMENTS.—If funding provided for a crop year is less than the amount otherwise 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 exceed 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 COMPLIANCE AND PENALTIES.— (1) GUARANTEE.—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.

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