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Public Law 111–5 111th Congress An Act - Loan Programs Office

Public Law 111–5 111th Congress An Act - Loan Programs Office

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PUBLIC LAW <strong>111–5</strong>—FEB. 17, 2009<br />

123 STAT. 419<br />

ebenthall on POQ96SHH1 with PUBLAW<br />

‘‘(ii) takes into consideration the interests of the<br />

workers employed by the producer; and<br />

‘‘(iii) demonstrates that the producer will have<br />

sufficient resources to implement the business plan.<br />

‘‘(C) PLAN IMPLEMENTATION.—Upon approval of the<br />

producer’s long-term business adjustment plan under<br />

subparagraph (B), a producer shall be entitled to an amount<br />

not to exceed $8,000 to implement the long-term business<br />

adjustment plan.<br />

‘‘(c) MAXIMUM AMOUNT OF ASSISTANCE.—<strong>An</strong> agricultural commodity<br />

producer may receive not more than $12,000 under paragraphs<br />

(3) and (4) of subsection (b) in the 36-month period following<br />

certification under section 293.<br />

‘‘(d) LIMITATIONS ON OTHER ASSISTANCE.—<strong>An</strong> agricultural commodity<br />

producer that receives benefits under this chapter (other<br />

than initial technical assistance under subsection (b)(1)) shall not<br />

be eligible for cash benefits under chapter 2 or 3.’’.<br />

(b) CLERICAL AMENDMENT.—The table of contents of the Trade<br />

<strong>Act</strong> of 1974 is amended by striking the item relating to section<br />

296 and inserting the following:<br />

‘‘Sec. 296. Qualifying requirements and benefits for agricultural commodity producers.’’.<br />

SEC. 1884. REPORT.<br />

Section 293 of the Trade <strong>Act</strong> of 1974 (19 U.S.C. 2401b) is<br />

amended by adding at the end the following:<br />

‘‘(d) REPORT BY THE SECRETARY.—Not later than January 30,<br />

2010, and annually thereafter, the Secretary of Agriculture shall<br />

submit to the Committee on Finance of the Senate and the Committee<br />

on Ways and Means of the House of Representatives a<br />

report containing the following information with respect to adjustment<br />

assistance provided under this chapter during the preceding<br />

fiscal year:<br />

‘‘(1) A list of the agricultural commodities covered by a<br />

certification under this chapter.<br />

‘‘(2) The States or regions in which such commodities are<br />

produced and the aggregate amount of such commodities produced<br />

in each such State or region.<br />

‘‘(3) The total number of agricultural commodity producers,<br />

by congressional district, receiving benefits under this chapter.<br />

‘‘(4) The total number of agricultural commodity producers,<br />

by congressional district, receiving technical assistance under<br />

this chapter.’’.<br />

SEC. 1885. FRAUD AND RECOVERY OF OVERPAYMENTS.<br />

Section 297(a)(1) of the Trade <strong>Act</strong> of 1974 (19 U.S.C. 2401f(a)(1))<br />

is amended by inserting ‘‘or has expended funds received under<br />

this chapter for a purpose that was not approved by the Secretary,’’<br />

after ‘‘entitled,’’.<br />

SEC. 1886. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN<br />

FISHERMEN.<br />

For purposes of chapters 2 and 6 of title II of the Trade<br />

<strong>Act</strong> of 1974 (19 U.S.C. 2251 et seq.), in the case of an agricultural<br />

commodity producer that—<br />

(1) is a fisherman or aquaculture producer, and<br />

(2) is otherwise eligible for adjustment assistance under<br />

chapter 2 or 6, as the case may be,<br />

19 USC 2271<br />

note.<br />

VerDate Nov 24 2008 21:35 Mar 11, 2009 Jkt 079139 PO 00005 Frm 00305 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL005.111 APPS06 PsN: PUBL005

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