S. 1904 — Ending Taxpayer Support for Big Egg Producers Act

This section conditions indemnity or compensation under section 10407 for poultry flocks affected by highly pathogenic avian influenza on certifications by covered entities (i.e., persons with affiliates having more than $100 million in annual revenue and 1,500 employees, per specified Small Business Administration affiliation and employee-counting regulations). To receive such payments, a covered entity must certify that it will not pay dividends on common stock or repurchase listed equity securities of itself or its parent company for two years following receipt, except as required by pre-enactment contracts; private equity portfolio companies and public companies must additionally certify economic uncertainty necessitating the payment and inability to access nondetrimental alternative liquidity. A covered entity making a knowing false statement in the additional certification must repay the full amount with interest and faces imprisonment of up to five years, a fine of up to $1 million, or both.