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19 U.S.C. § 2401g — Qualifying requirements for agricultural commodity producers
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Requirements** — Payment of a 11 So in original. Probably should be “an”. adjustment assistance under this part shall be made to an adversely affected agricultural commodity producer covered by a certification under this part who files an application for such assistance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), if the following conditions are met:
(A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under this subsection that was produced by the producer in the most recent year.
(B) The producer certifies that the producer has not received cash benefits under any provision of this subchapter other than this part.
(C) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this part.
(D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including—
(i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and
(ii) technical assistance that will improve the competitiveness of the production and marketing of the adve
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Source file: Laws/federal/codes/united-states-code/title-19/section-2401g-qualifying-requirements-for-agricultural-commodity-producers--34c60b8c17.md
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Source location: Title 19, Chapter 12, § 2401g; chapter-012-trade-act-of-1974.md
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**(a) In general**
(1) **Requirements** — Payment of a 11 So in original. Probably should be “an”. adjustment assistance under this part shall be made to an adversely affected agricultural commodity producer covered by a certification under this part who files an application for such assistance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), if the following conditions are met:
(A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under this subsection that was produced by the producer in the most recent year.
(B) The producer certifies that the producer has not received cash benefits under any provision of this subchapter other than this part.
(C) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this part.
(D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including—
(i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and
(ii) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements.
(2) **Limitations**
(A) *Adjusted gross income*
(i) *In general* — Notwithstanding any other provision of this part, an agricultural commodity producer shall not be eligible for assistance under this part in any year in which the average adjusted gross income of the producer exceeds the level set forth in [section 1308–3a of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308–3a&num=0&edition=prelim).
(ii) *Certification* — To comply with the limitation under subparagraph (A),22 So in original. Probably should be a reference to clause (i). an individual or entity shall provide to the Secretary—
(I) a certification by a certified public accountant or another third party that is acceptable to the Secretary that the average adjusted gross income of the producer does not exceed the level set forth in [section 1308–3a of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308–3a&num=0&edition=prelim); or
(II) information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary.
(B) *Counter-cyclical payments* — The total amount of payments made to an agricultural producer under this part during any crop year may not exceed the limitation on counter-cyclical payments set forth in section 1308(c) 33 See References in Text note below. of title 7.
(C) *Definitions* — In this subsection:
(i) *Adjusted gross income* — The term “adjusted gross income” means adjusted gross income of an agricultural commodity producer—
(I) as defined in [section 62 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section62&num=0&edition=prelim) and implemented in accordance with procedures established by the Secretary; and
(II) that is earned directly or indirectly from all agricultural and nonagricultural sources of an individual or entity for a fiscal or corresponding crop year.
(ii) *Average adjusted gross income*
(I) *In general* — The term “average adjusted gross income” means the average adjusted gross income of a producer for each of the 3 preceding taxable years.
(II) *Effective adjusted gross income* — In the case of a producer that does not have an adjusted gross income for each of the 3 preceding taxable years, the Secretary shall establish rules that provide the producer with an effective adjusted gross income for the applicable year.
**(b) Amount of cash benefits**
(1) **In general** — Subject to the provisions of [section 2401g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401g&num=0&edition=prelim), an adversely affected agricultural commodity producer described in subsection (a) shall be entitled to adjustment assistance under this part in an amount equal to the product of—
(A) one-half of the difference between—
(i) an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and
(ii) the national average price of the agricultural commodity for the most recent marketing year, and
(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year.
(2) **Special rule for subsequent qualified years** — The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1), except that the average national price of the agricultural commodity shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification.
**(c) Maximum amount of cash assistance** The maximum amount of cash benefits an agricultural commodity producer may receive in any 12-month period shall not exceed $10,000.
**(d) Limitations on other assistance** An agricultural commodity producer entitled to receive a cash benefit under this part—
(1) shall not be eligible for any other cash benefit under this subchapter, and
(2) shall be entitled to employment services and training benefits under division II of subpart B of part 2.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of interests** To facilitate administration of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) and this section, each person or legal entity receiving payments described in subsections (b) and (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) as a separate person or legal entity shall separately provide to the Secretary, at such times and in such manner as prescribed by the Secretary—
(1) the name and social security number of each person, or the name and taxpayer identification number of each legal entity, that holds or acquires an ownership interest in the separate person or legal entity; and
(2) the name and taxpayer identification number of each legal entity in which the person or legal entity holds an ownership interest.
**(b) Actively engaged**
(1) **In general** — To be eligible to receive a payment described in subsection (b) or (c) of [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim), a person or legal entity shall be actively engaged in farming with respect to a farming operation as provided in this subsection or subsection (c).
(2) **Classes actively engaged** — Except as provided in subsections (c) and (d)—
(A) a person (including a person participating in a farming operation as a partner in a qualified pass-through entity, a grantor of a revocable trust, or a participant in a similar entity, as determined by the Secretary) shall be considered to be actively engaged in farming with respect to a farming operation if—
(i) the person makes a significant contribution (based on the to
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1308–3a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
(1) **Trade and business deductions** — The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.
(2) **Certain trade and business deductions of employees**
(A) *Reimbursed expenses of employees* — The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.
(B) *Certain expenses of performing artists* — The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee.
(C) *Certain expenses of officials* — The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.
(D) *Certain expenses of elementary and secondary school teachers* — The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator—
(i) by reason of the participation of the educator
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 62
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2271
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Agricultural commodity** — The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state.
(2) **Agricultural commodity producer** — The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under [section 1308(e) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/e&num=0&edition=prelim) (before the amendment made by section 1703(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008).
(3) **Contributed importantly**
(A) *In general* — The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B) *Determination of contributed importantly* — The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.
(4) **Duly authorized representative** — The term “duly authorized representative” means an association of agricultural commodity producers.
(5) **National average price** — The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2401b
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Federal law — U.S. Code and appendices · legal_authorities
Page 658
TITLE 19—CUSTOMS DUTIES
§ 2401g
1 See Application of Subsection (a) note below.
§ 2401g. Authorization of appropriations
(a) In general
There are authorized to be appropriated and
there are appropriated to the Department of Ag-
riculture not to exceed $90,000,000 for each of the
fiscal years 2003 through 2007 to carry out the
purposes of this part, and there are authorized
to be appropriated and there are appropriated to
the Department of Agriculture to carry out this
part $9,000,000 for the 3-month period beginning
on October 1, 2007.1
(b) Proportionate reduction
If in any year the amount appropriated under
this part is insufficient to meet the require-
ments for adjustment assistance payable under
this part, the amount of assistance payable
under this part shall be reduced proportionately.
(Pub. L. 93–618, title II, § 298, as added Pub. L.
107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116
Stat. 952; amended Pub. L. 110–89, § 1(c), Sept. 28,
2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I,
§ 1887, Feb. 17, 2009, 123 Stat. 420; Pub. L. 111–344,
title I, § 101(c)(12), Dec. 29, 2010, 124 Stat. 3614;
Pub. L. 112–40, title II, §§ 201(b), (c), 223(b), Oct.
21, 2011, 125 Stat. 403, 413; Pub. L. 114–27, title IV,
§§ 402(b), (c), 403(d)(3), June 29, 2015, 129 Stat. 374.)
TERMINATION OF ASSISTANCE
For termination of assistance under this part
after June 30, 2022, see Termination Date note
below.
Editorial Notes
CODIFICATION
Section reflects the July 1, 2021, reversion to provi-
sions in effect on Jan. 1, 2014. See Effective and Termi-
nation Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014, revival of this section as in effect on Feb.
13, 2011, was repealed by Pub. L. 114–27, t
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2401g
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