US Code

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

19 U.S.C. § 2401e

Qualifying requirements for agricultural commodity producers

(a)

In general

(1)

Requirements

1
1 So in original. Probably should be “an”.
section 2401b of this titlePayment of a  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 , 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

section 1308–3a of title 7Notwithstanding 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 .

(ii)

Certification

2
2 So in original. Probably should be a reference to clause (i).
To comply with the limitation under subparagraph (A), an individual or entity shall provide to the Secretary—
(I)
section 1308–3a of title 7 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 ; or
(II)
information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary.
(B)

Counter-cyclical payments

3

3 See References in Text note below.
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)  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)
section 62 of title 26 as defined in 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

section 2401g of this titleSubject to the provisions of , 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.

Pub. L. 93–618, title II, § 296Pub. L. 107–210, div. A, title I, § 141(a)116 Stat. 949Pub. L. 108–429, title II, § 2004(a)(9)118 Stat. 2590Pub. L. 111–5, div. B, title I, § 1883(a)123 Stat. 416Pub. 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

References in Text

Section 1308(c) of title 7Pub. L. 110–246, § 1603(b)(2)Pub. L. 113–79, § 1603(a), referred to in subsec. (a)(2)(B), was struck out, and new subsecs. (b) and (c) containing provisions relating to counter-cyclical payments were added, by . 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 .

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—, §§ 1883(a), 1893, temporarily amended section generally. Prior to amendment, section related to qualifying requirements for adjustment assistance, amount of cash benefits, maximum amount in any 12-month period, and limitations on other assistance. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 108–429, § 2004(a)(9)(A)(i)2004—Subsec. (a)(1). , substituted “adjustment assistance under this part” for “trade adjustment allowance” and “such assistance” for “such allowance” in introductory provisions.

Pub. L. 108–429, § 2004(a)(9)(A)(ii)Subsec. (a)(1)(A). , made technical amendment to reference in original act which appears in text as reference to this subsection.

Pub. L. 108–429, § 2004(a)(9)(B)Subsec. (b)(2). , substituted “paragraph (1), except” for “paragraph (1) except”.

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 .