US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 2401a

Petitions; group eligibility

(a)

In general

A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.

(b)

Hearings

If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) of this section a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.

(c)

Group eligibility requirements

The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines—
(1)
that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and
(2)
that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1).
(d)

Special rule for qualified subsequent years

section 2401b of this titleA group of agricultural commodity producers certified as eligible under shall be eligible to apply for assistance under this part in any qualified year after the year the group is first certified, if the Secretary determines that—
(1)
the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and
(2)
the requirements of subsection (c)(2) are met.
(e)

Determination of qualified year and commodity

In this part:
(1)

Qualified year

section 2401b of this titleThe term “qualified year”, with respect to a group of agricultural commodity producers certified as eligible under , means each consecutive year after the year in which the group is certified and in which the Secretary makes the determination under subsection (c) or (d), as the case may be.

(2)

Classes of goods within a commodity

section 2401e of this titleIn any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and .

Pub. L. 93–618, title II, § 292Pub. L. 107–210, div. A, title I, § 141(a)116 Stat. 947Pub. L. 111–5, div. B, title I, § 1882(a)123 Stat. 415Pub. L. 112–40, title II, § 201(b)125 Stat. 403Pub. L. 114–27, title IV, § 402(b)129 Stat. 374(, as added , , ; amended , , ; , (c), , ; , (c), , .)

Termination of Assistance

For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 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. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 111–5Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 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

Pub. L. 114–272015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

Pub. L. 112–402011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

Pub. L. 111–52009—Subsecs. (c) to (e). , §§ 1882(a), 1893, temporarily added subsecs. (c) to (e) and struck out former subsecs. (c) to (e), which related to eligibility requirements for groups of agricultural commodity producers to apply for adjustment assistance, a special rule for such groups after the first year of certification, and determination of qualified year and commodity, respectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .

section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .

Effective and Termination Dates of 2011 Revival

Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .

Section 233 of Pub. L. 112–40section 2271 of this titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.

Effective and Termination Dates of 2009 Amendment

Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .

Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.

Termination Date

section 285 of Pub. L. 93–618section 406(a)(7) of Pub. L. 114–27section 2271 of this titleExcept as otherwise provided, technical assistance and financial assistance may not be provided under this part after , see , as modified by , set out as notes preceding .