19 U.S.C. § 2401e — Qualifying requirements for agricultural

Page 654 TITLE 19—CUSTOMS DUTIES § 2401c 1 So in original. Probably should be ‘‘an’’. effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2401c. Study by Secretary of Agriculture when International Trade Commission begins in- vestigation (a) In general Whenever the International Trade Commission (in this part referred to as the ‘‘Commission’’) begins an investigation under section 2252 of this title with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall imme- diately conduct a study of— (1) the number of agricultural commodity producers producing a like or directly com- petitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this part, and (2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing pro- grams. (b) Report Not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title, the Secretary shall submit a report to the President setting forth the find- ings of the study described in subsection (a). Upon making the report to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register. (Pub. L. 93–618, title II, § 294, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Statutory Notes and Related Subsidiaries TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2401d. Benefit information to agricultural com- modity producers (a) In general The Secretary shall provide full information to agricultural commodity producers about the benefit allowances, training, and other employ- ment services available under this subchapter and about the petition and application proce- dures, and the appropriate filing dates, for such allowances, training, and services. The Sec- retary shall provide whatever assistance is nec- essary to enable groups to prepare petitions or applications for program benefits under this subchapter. (b) Notice of benefits (1) In general The Secretary shall mail written notice of the benefits available under this part to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this part. (2) Other notice The Secretary shall publish notice of the benefits available under this part to agricul- tural commodity producers that are covered by each certification made under this part in newspapers of general circulation in the areas in which such producers reside. (3) Other Federal assistance The Secretary shall also provide information concerning procedures for applying for and re- ceiving all other Federal assistance and serv- ices available to workers facing economic dis- tress. (Pub. L. 93–618, title II, § 295, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Statutory Notes and Related Subsidiaries TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2401e. Qualifying requirements for agricultural commodity producers (a) In general (1) Requirements Payment of a 1 adjustment assistance under this part shall be made to an adversely af- fected agricultural commodity producer cov- ered 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 certifi- cation of eligibility under section 2401b of this title, if the following conditions are met: (A) The producer submits to the Secretary sufficient information to establish the Page 655 TITLE 19—CUSTOMS DUTIES § 2401e 2 So in original. Probably should be a reference to clause (i). 3 See References in Text note below. amount of agricultural commodity covered by the application filed under this sub- section that was produced by the producer in the most recent year. (B) The producer certifies that the pro- ducer has not received cash benefits under any provision of this subchapter other than this part. (C) The producer’s net farm income (as de- termined by the Secretary) for the most re- cent 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 pro- ducer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical as- sistance that will assist the producer in ad- justing to import competition with respect to the adversely affected agricultural com- modity, 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 im- prove the competitiveness of the produc- tion and marketing of the adversely af- fected agricultural commodity by the pro- ducer, including yield and marketing im- provements. (2) Limitations (A) Adjusted gross income (i) In general Notwithstanding any other provision of this part, an agricultural commodity pro- ducer shall not be eligible for assistance under this part in any year in which the average adjusted gross income of the pro- ducer exceeds the level set forth in section 1308–3a of title 7. (ii) Certification To comply with the limitation under subparagraph (A),2 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; or (II) information and documentation re- garding the adjusted gross income of the producer through other procedures es- tablished 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) 3 of title 7. (C) Definitions In this subsection: (i) Adjusted gross income The term ‘‘adjusted gross income’’ means adjusted gross income of an agricul- tural commodity producer— (I) as defined in section 62 of title 26 and implemented in accordance with procedures established by the Secretary; and (II) that is earned directly or indi- rectly from all agricultural and non- agricultural 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 in- come’’ 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 Sec- retary 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, 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 ag- ricultural commodity for the most recent marketing year, and (B) the amount of the agricultural com- modity produced by the agricultural com- modity producer in the most recent mar- keting 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 para- graph (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 cer- tification. (c) Maximum amount of cash assistance The maximum amount of cash benefits an ag- ricultural 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 Page 656 TITLE 19—CUSTOMS DUTIES § 2401f (2) shall be entitled to employment services and training benefits under division II of sub- part B of part 2. (Pub. L. 93–618, title II, § 296, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949; amended Pub. L. 108–429, title II, § 2004(a)(9), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1883(a), Feb. 17, 2009, 123 Stat. 416; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), 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 REFERENCES IN TEXT Section 1308(c) of title 7, referred to in subsec. (a)(2)(B), was struck out, and new subsecs. (b) and (c) containing provisions relating to counter-cyclical pay- ments were added, by Pub. L. 110–246, § 1603(b)(2). Those subsecs. (b) and (c) were subsequently struck out, and new subsecs. (b) and (c) relating to limitations on total amount of payments were added, by Pub. L. 113–79, § 1603(a). 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, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. 2009—Pub. L. 111–5, §§ 1883(a), 1893, temporarily amended section generally. Prior to amendment, sec- tion related to qualifying requirements for adjustment assistance, amount of cash benefits, maximum amount in any 12-month period, and limitations on other assist- ance. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (a)(1). Pub. L. 108–429, § 2004(a)(9)(A)(i), substituted ‘‘adjustment assistance under this part’’ for ‘‘trade adjustment allowance’’ and ‘‘such assist- ance’’ for ‘‘such allowance’’ in introductory provisions. Subsec. (a)(1)(A). Pub. L. 108–429, § 2004(a)(9)(A)(ii), made technical amendment to reference in original act which appears in text as reference to this subsection. Subsec. (b)(2). Pub. L. 108–429, § 2004(a)(9)(B), sub- stituted ‘‘paragraph (1), except’’ for ‘‘paragraph (1) ex- cept’’. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2401f. Fraud and recovery of overpayments (a) In general (1) Repayment If the Secretary, or a court of competent ju- risdiction, determines that any person has re- ceived any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Sec- retary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that— (A) the payment was made without fault on the part of such person; and (B) requiring such repayment would be contrary to equity and good conscience. (2) Recovery of overpayment Unless an overpayment is otherwise recov- ered, or waived under paragraph (1), the Sec-