123STA T .4 1 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (B)SPECIALRU LE W I TH RE S PECT T O CROPS N OT G ROWN E V ER Y YEAR .—Forpu rpo se so f su b p a ra g rap h ( A )( i i)( I I)(aa) , ifape t itio n is fi l e dw ith respe c t to an agricultural co m- modit y that is not produced by the producer e v ery year, an agricultural commodity producer producing that com- modity may establish the average price received for the commodity by the producer in the 3 mar k eting years pre- ceding the year with respect to which the petition is filed by using average price data for the 3 most recent marketing years in which the producer produced the commodity and for which data are available. ‘‘( 2 ) L I M ITATIONS B ASE D ON AD J USTED GROSS INCOME.— ‘‘(A) IN GENERAL.— N otwithstanding any other provi- sion of this chapter, an agricultural commodity producer shall not be eligible for assistance under this chapter in any year in which the average ad j usted gross income (as defined in section 10 01 D (a) of the Food Security Act of 1 985 ( 7U .S. C . 1308 – 3a(a))) of the producer e x ceeds the level set forth in subparagraph (A) or (B) of section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)), whichever is applicable. ‘‘(B) DEMONSTRATION O F COMPLIANCE.—An agricultural commodity producer shall provide to the Secretary such information as the Secretary determines necessary to dem- onstrate that the producer is in compliance with the limita- tion under subparagraph (A). ‘‘(C) COUNTER-CYCLICAL AND ACRE PAYMENTS.— T he total amount of payments made to an agricultural com- modity producer under this chapter during any crop year may not exceed the limitations on payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ‘‘(b) TECHNICAL ASSISTANCE.— ‘‘(1) INITIAL TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—An agricultural commodity producer that files an application and meets the re q uirements under subsection (a)(1) shall be entitled to receive initial technical assistance designed to improve the competitiveness of the production and marketing of the agricultural commodity with respect to which the producer was certified under this chapter. Such assistance shall include information regarding— ‘‘(i) improving the yield and marketing of that agricultural commodity
and ‘‘(ii) the feasibility and desirability of substituting one or more alternative agricultural commodities for that agricultural commodity. ‘‘(B) TRANSPORTATION AND SUBSISTENCE E X PENSES.— ‘‘(i) IN GENERAL.—The Secretary may authori z e supplemental assistance necessary to defray reasonable transportation and subsistence expenses incurred by an agricultural commodity producer in connection with initial technical assistance under subparagraph (A) if such assistance is provided at facilities that are not within normal commuting distance of the regular place of residence of the producer.
