19 U.S. Code § 2401b - Determinations by Secretary of Agriculture

§ 2401b.
Determinations by Secretary of Agriculture
(a) In general

As soon as practicable after the date on which a petition is filed under section 2401a of this title, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 2401a(c) of this title and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this part covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this part begins.

(b) Notice

Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making the determination.

(c) Termination of certification

Whenever the Secretary determines, with respect to any certification of eligibility under this part, that the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 2401a of this title, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination.

(d) Annual reportNot later than January 30 of each year, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following information with respect to the trade adjustment assistance for farmers program under this chapter during the preceding fiscal year:
(1)
A list of the agricultural commodities covered by a certification under this chapter.
(2)
The States or regions in which agricultural commodities are produced and the aggregate amount of such commodities produced in each such State or region.
(3)
The number of petitions filed.
(4)
The number of petitions certified and denied by the Secretary.
(5)
The average time for processing petitions.
(6)
The number of petitions filed and agricultural commodity producers approved for each congressional district of the United States.
(7)
Of the number of producers approved, the number of agricultural commodity producers that entered the program and received benefits.
(8)
The number of agricultural commodity producers that completed initial technical assistance.
(9)
The number of agricultural commodity producers that completed intensive technical assistance.
(10)
The number of initial business plans approved and denied by the Secretary.
(11)
The number of long-term business plans approved and denied by the Secretary.
(12)
The total number of agricultural commodity producers, by congressional district, receiving initial technical assistance and intensive technical assistance, respectively, under this chapter.
(13)
The types of initial technical assistance received by agricultural commodity producers participating in the program.
(14)
The types of intensive technical assistance received by agricultural commodity producers participating in the program.
(15)
The number of agricultural commodity producers leaving the program before completing the projects in their long-term business plans and the reason those projects were not completed.
(16)
The total number of agricultural commodity producers, by congressional district, receiving benefits under this chapter.
(17)
The average duration of benefits received under this chapter.
(18)
The number of agricultural commodity producers in operation as of the date of the report and the number of agricultural commodity producers that ceased operations after completing the program and in the 1-year period following completion of the program.
(19)
The number of agricultural commodity producers that report that such producers received benefits under a prior certification issued under this chapter in any of the 10 fiscal years preceding the date of the report.
(Pub. L. 93–618, title II, § 293, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 948; amended Pub. L. 111–5, div. B, title I, §§ 1882(b), 1884, Feb. 17, 2009, 123 Stat. 416, 419; Pub. L. 112–40, title II, §§ 201(b), (c), 223(a)(1), Oct. 21, 2011, 125 Stat. 403, 412; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
Reversion to Provisions in Effect on January 1, 2014

For reversion, beginning on July 1, 2021, to provisions in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see Codification and Effective and Termination Dates of 2015 Revival notes below.

Codification

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 Termination 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 revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

Subsec. (d). Pub. L. 112–40, §§ 223(a)(1), 233, temporarily amended subsec. (d) generally. Prior to amendment, text read as follows: “Not later than January 30, 2010, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following information with respect to adjustment assistance provided under this part during the preceding fiscal year:

“(1) A list of the agricultural commodities covered by a certification under this part.

“(2) The States or regions in which such commodities are produced and the aggregate amount of such commodities produced in each such State or region.

“(3) The total number of agricultural commodity producers, by congressional district, receiving benefits under this part.

“(4) The total number of agricultural commodity producers, by congressional district, receiving technical assistance under this part.”

See Codification note above and Effective and Termination Dates of 2011 Revival note below.

2009—Subsec. (a). Pub. L. 111–5, §§ 1882(b)(1), 1893, temporarily substituted “section 2401a(c) of this title” for “section 2401a(c) or (d) of this title, as the case may be,”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (c). Pub. L. 111–5, §§ 1882(b)(2), 1893, temporarily substituted “decrease in the national average price, quantity of production, or value of production of, or cash receipts for,” for “decline in price for”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (d). Pub. L. 111–5, §§ 1884, 1893, temporarily added subsec. (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

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 provisions 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 provisions 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, effective June 29, 2015. See Codification note above.

Effective Date of 2011 Amendment

Pub. L. 112–40, title II, § 223(a)(2), Oct. 21, 2011, 125 Stat. 413, provided that:

“The amendment made by paragraph (1) [amending this section] shall—
“(A)
take effect on October 1, 2011; and
“(B)
apply with respect to reports submitted under section 293(d) of the Trade Act of 1974 (19 U.S.C. 2401b(d)) on or after October 1, 2012.”

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 beginning 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 applicable 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 Codification note above.

Termination Date

Except as otherwise provided, assistance may not be provided under this section after June 30, 2021, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.

 

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