Page:United States Statutes at Large Volume 122.djvu/1407

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12 2 STA T . 1 384PUBLIC LA W 11 0– 234 —M A Y 22 , 2008 unders e ctio n 508(h)a nd the p rocedures esta bl ished b y the B oard (includin g procedures established under subparagraph (B)) , the applicant shall be eligible f or a pay m ent of reasonable research and de v elopment costs in the same manner as policies reimbursed under paragraph ( 1 )(B), less any payments made pursuant to subparagraph ( E ) .‘ ‘(ii) POLIC I ESN O TAP P R O V E D . —I f a policy is sub - mitted under subparagraph ( F ) and is not approved by the Board under section 508(h), the C orporation shall— ‘‘(I) not see k a refund of any payments made in accordance w ith this paragraph

and ‘‘(II) not make any further research and development cost payments associated with the submission of the policy under this paragraph. ‘‘( H ) POLIC Y NOT S UBM ITTED.—If an applicant receives an advance payment and fails to fulfill the obligation of the applicant to the Board by not submitting a completed submission without j ust cause and in accordance with the procedures established under subparagraph (B)), including notice and reasonable opportunity to respond, as deter- mined by the Board, the applicant shall return to the Board the amount of the advance plus interest. ‘‘(I) R EPEATED SUBMISSIONS.— T he Board may prohibit advance payments to applicants who have submitted— ‘‘(i) a concept proposal or submission that did not result in a marketable product; or ‘‘(ii) a concept proposal or submission of poor q uality. ‘‘( J ) CONTINUED ELI G IBILITY.— A determination that an applicant is not eligible for advance payments under this paragraph shall not prevent an applicant from reimburse- ment under paragraph (1)(B). ’ ’. (b) CON F ORMING AMENDMENTS.— S ection 5 2 2(b) of the Federal Crop Insurance Act ( 7U .S.C. 1522(b)) is amended— (1) in paragraph ( 3 ), by striking ‘‘or (2)’’; and (2) in paragraph ( 4 )(A), by striking ‘‘and (2)’’.’’ SEC.120 2 3 .C ONTRA CTS F ORA D D I TIONA LP OLICIES AND ST U DIES. Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522) is amended— (1) by redesignating paragraph (10) as paragraph (17); and (2) by inserting after paragraph ( 9 ) the following

‘‘(10) CONTRACTS FOR ORGANIC PRODUCTION COVERAGE IMPROVEMENTS.— ‘‘(A) CONTRACTS RE Q UIRED.— N ot later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Corporation shall enter into 1 or more contracts for the development of improvements in Federal crop insurance policies covering crops produced in compliance with standards issued by the D epartment of Agriculture under the national organic program estab- lished under the O rganic Foods Production Act of 1990 (7 U.S.C. 6 501 et seq.). Deadlin e .