Chapter 12, Subchapter VIII, Section 2497, Subsection (g) · 19 U.S.C. Chapter 12

Contents

(g)

(1)Except as otherwise provided in this section, the eligible producers on a farm shall not be eligible for assistance under this section (other than subsections (c) and (d)) if the eligible producers on the farm—

(A)in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, did not obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act); or

(B)in the case of each noninsurable commodity of the eligible producers on the farm, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program.

(2)To be considered to have obtained insurance under paragraph (1)(A), an eligible producer on a farm shall have obtained a policy or plan of insurance with not less than 50 percent yield coverage at 55 percent of the insurable price for each crop planted or intended to be planted for harvest on a whole farm.

(3)With respect to eligible producers that are socially disadvantaged farmers or ranchers or limited resource or beginning farmers or ranchers, as determined by the Secretary, the Secretary may—

(A)waive paragraph (1); and

(B)provide disaster assistance under this section at a level that the Secretary determines to be equitable and appropriate.

(4)

(A)In the case of an eligible producer that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year but does not meet the requirements of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after the date of enactment of this subchapter.3

(B)In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insurance program sales closing date or noninsured crop assistance program fee payment date was prior to August 14, 2008, the Secretary shall waive paragraph (1) if the eligible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after October 13, 2008.

(5)

(A)The Secretary may provide equitable relief to eligible producers on a farm that are otherwise ineligible or unintentionally fail to meet the requirements of paragraph (1) for 1 or more crops on a farm on a case-by-case basis, as determined by the Secretary.

(B)In the case of eligible producers on a farm that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible producers failed to meet the requirements of paragraph (1) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.

(6)

(A)For purposes of assistance under subsection (b), at the option of an eligible producer on a farm, the Secretary shall waive paragraph (1)—

(i)in the case of a portion of the total acreage of a farm of the eligible producer that is not of economic significance on the farm, as established by the Secretary; or

(ii)in the case of a crop for which the administrative fee required for the purchase of noninsured crop disaster assistance coverage exceeds 10 percent of the value of that coverage.

(B)The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the total farm revenue under subsection (b)(4).

(7)

(A)Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm—

(i)pay the appropriate fee described in paragraph (4)(A) not later than 90 days after February 17, 2009; and

(ii)

(I)in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and

(II)in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available.

(B)Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm—

(i)in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and

(ii)in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.

(C)Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of—

(i)the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or

(ii)the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if—

(I)in clause (i) of that subparagraph, “120 percent” is substituted for “115 percent”; and

(II)in clause (ii) of that subparagraph, “125” 6 is substituted for “120 percent”.

(D)For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to February 17, 2009.

(E)The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.

(F)Notwithstanding any other provision of this section, the Secretary may provide assistance (including multiyear assistance) under this section to eligible producers on a farm that—

(i)suffered a production loss or multiyear production losses due to a natural cause during the 2008 crop year; and

(ii)as determined by the Secretary—

(I)

(aa)except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A 3; or

(bb)do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; and

(II)are not eligible for the noninsured crop disaster assistance program established by section 7333 of title 7.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 108

Show every defined term

actual production history yield
means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop disaster assistance program, respectively.
actual production on the farm
means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
ad valorem
includes ad valorem equivalent.
ad valorem equivalent
means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate.
adjusted actual production history yield
means—
adjusted gross income
means adjusted gross income of an agricultural commodity producer—
adjusted noninsured crop disaster assistance program yield
means—
adversely affected employment
means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this part.
adversely affected worker
means an individual who, because of lack of work in adversely affected employment—
agricultural commodity
means any agricultural commodity (including livestock) in its raw or natural state.
agricultural commodity producer
has the same meaning as the term “person” as prescribed by regulations promulgated under section 1308(e) of title 7 (before the amendment made by section 1703(a) 1 of the Food, Conservation, and Energy Act of 2008).
appropriate congressional committees
means—
approval resolution
means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of ____ transmitted by the President to the Congress on ____.”, the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date.
average adjusted gross income
means the average adjusted gross income of a producer for each of the 3 preceding taxable years.
average weekly hours
means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).
average weekly wage
means one-thirteenth of the total wages paid to an individual in the high quarter.
barrier
includes—
barriers to, or other distortions of, international trade in services
includes, but is not limited to—
beneficiary developing country
means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating such country as a beneficiary developing country for purposes of this subchapter.
benefit period
means, with respect to an individual—
citrus product
means any processed oranges or grapefruit, or any orange or grapefruit juice, including concentrate.
commerce
includes, but is not limited to—
Communist country
means any country dominated or controlled by communism.
contributed importantly
means a cause which is important but not necessarily more important than any other cause.
counter-cyclical program payment yield
means the weighted average payment yield established under under— 1
country
means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands.
covered livestock
means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer—
cultural industries
means persons engaged in any of the following activities:
disaster county
includes—
distortion
includes a subsidy;
domestic industry
means, with respect to an article, the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article.
downstream producer
means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico.
drought monitor
means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary.
duly authorized representative
means an association of agricultural commodity producers.
duty
includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
electronic commerce
has the meaning given that term in section 1104(3) 5 of the Internet Tax Freedom Act.
eligible institution
means an institution of higher education (as defined in section 1002 of title 20), but only with respect to a program offered by the institution that can be completed in not more than 2 years.
eligible livestock producer
means an eligible producer on a farm that—
eligible orchardist
means a person that produces annual crops from trees for commercial purposes.
eligible producer on a farm
means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
employee stock ownership plan
means a plan described in section 4975(e)(7) of title 26,
entered
means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
equity capital
means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the adjusted basis of such property but disregarding adjustments made on account of depreciation or amortization made during the period described in paragraph (3)(D)), less the amount of its indebtedness.
existing
means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken;
export targeting
means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are bestowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise.
farm
means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer.
farm-raised fish
means any aquatic species that is propagated and reared in a controlled environment.
firm
includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court.
foreign country
includes any foreign instrumentality.
former beneficiary sub-Saharan African country
means a country that, after being designated as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.], ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.
implementing bill
means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements, or with respect to an extension described in section 3572(c)(3) of this title, submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title and which contains—
implementing revenue bill or resolution
means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
insurable commodity
means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
international trade
includes—
internationally recognized worker rights
includes—
job finding club
means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.
job search program
means a job search workshop or job finding club.
job search workshop
means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs.
least-developed beneficiary developing country
means a beneficiary developing country that is designated as a least-developed beneficiary developing country under section 2462(a)(2) of this title.
livestock
includes—
major drug producing country
means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana;
major drug-transit country
means a country—
major industrial country
means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.
Member
includes any Delegate or Resident Commissioner.
narcotic and psychotropic drugs and other controlled substances
has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned.
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.
natural disaster
means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary.
non-Federal government
means—
nondiscriminatory treatment
means trade treatment based on normal trade relations (known under international law as most-favored-nation treatment).
noninsurable commodity
means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program.
noninsured crop assistance program
means the program carried out under section 7333 of title 7.
normal production on the farm
means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).
nursery tree grower
means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.
on-the-job training
means training provided by an employer to an individual who is employed by the employer.
other import restriction
includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation.
partial separation
means, with respect to an individual who has not been totally separated, that he has had—
persons that rely upon intellectual property protection
means persons involved in—
priority watch list
means the priority watch list established by the Trade Representative pursuant to subsection (a).
provisional relief
means—
qualified employer securities
means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the employee stock ownership plan after it is allocated to their plan accounts, and
qualified trust
means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] and section 401 of title 26,
qualifying natural disaster declaration
means a natural disaster declared by the Secretary for production losses under section 1961(a) of title 7.
resolution
means only—
retaliation list
means the list of products of a foreign country or countries that have failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the Trade Representative is imposing duties above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the United States.
Secretary
means the Secretary of Agriculture.
serious injury
means a significant overall impairment in the position of a domestic industry.
service sector access authorization
means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.
services
means economic activities whose outputs are other than tangible goods.
significant cause
refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause.
significant idling of productive facilities
includes the closing of plants or the underutilization of production capacity.
socially disadvantaged farmer or rancher
has the meaning given the term in section 2279(e) 3 of title 7.
State
includes the District of Columbia and the Commonwealth of Puerto Rico;
State agency
means the agency of the State which administers the State law.
State law
means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26.
substantial cause
means a cause which is important and not less than any other cause.
supplier
means a firm that produces and supplies directly to another firm (or subdivision) component parts for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.
Textiles Agreement
means the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title.
threat of serious injury
means serious injury that is clearly imminent.
total separation
means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.
Trade Representative
means the United States Trade Representative.
tree
includes a tree, bush, and vine.
Trust Fund
means the Agricultural Disaster Relief Trust Fund established under section 2497a of this title.
unemployment insurance
means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].
unfair trade practice
means any act, policy, or practice that—
week
means a week as defined in the applicable State law.
week of unemployment
means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.
worst forms of child labor
means— The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary developing country involved.
WTO
means the World Trade Organization.