American Recovery and Reinvestment Act of 2009/Division B/Title I/Subtitle I/Part IV

by United States Congress

PART IV—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 1881. DEFINITIONS.

Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended—

(1) by amending paragraph (1) to read as follows:

"(1) Agricultural commodity.—The term `agricultural commodity' includes—

"(A) any agricultural commodity (including livestock) in its raw or natural state;

"(B) any class of goods within an agricultural commodity; and

"(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.";

(2) by amending paragraph (2) to read as follows:

"(2) Agricultural commodity producer.—The term `agricultural commodity producer' means—

"(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or

"(B) a person that reports gain or loss from the trade or business of fishing on the person's annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 292."; and

(3) by adding at the end the following:

"(7) Marketing year.—The term `marketing year' means—

"(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or

"(B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.".

SEC. 1882. ELIGIBILITY.

(a) In General.—

Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amended by striking subsections (c) through (e) and inserting the following:

"(c) Group Eligibility Requirements.—The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines that—

"(1)(A) the national average price of the agricultural commodity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year;

"(B) the quantity of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average of the quantity of production of the commodity produced by the group in the 3 marketing years preceding such marketing year;

"(C) the value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or

"(D) the cash receipts for the agricultural commodity produced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year;

"(2) the volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and

"(3) the increase in such imports contributed importantly to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1).

"(d) Eligibility of Certain Other Producers.—An agricultural commodity producer or group of producers that resides outside of the State or region identified in the petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date the notice is published in the Federal Register under subsection (a) with respect to that petition.

"(e) Treatment of Classes of Goods Within a Commodity.—In 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 under subsection (c)—

"(1) group eligibility;

"(2) the national average price, quantity of production, or value of production, or cash receipts; and

"(3) the volume of imports.".

(b) Conforming Amendments.—

Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended—

(1) in subsection (a), by striking "section 292 (c) or (d), as the case may be," and inserting "section 292(c)"; and

(2) in subsection (c), by striking "decline in price for" and inserting "decrease in the national average price, quantity of production, or value of production of, or cash receipts for,".

SEC. 1883. BENEFITS.

(a) In General.—

Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended to read as follows:

"SEC. 296. QUALIFYING REQUIREMENTS AND BENEFITS FOR AGRICULTURAL COMMODITY PRODUCERS.

"(a) In General.—

"(1) Requirements.—

"(A) In general.—Benefits under this chapter shall be available to an agricultural commodity producer covered by a certification under this chapter who files an application for such benefits not later than 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the producer submits to the Secretary sufficient information to establish that—

"(i) the producer produced the agricultural commodity covered by the application filed under this subsection in the marketing year with respect to which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year;

"(ii)(I) the quantity of the agricultural commodity that was produced by the producer in the marketing year with respect to which the petition is filed has decreased compared to the most recent marketing year preceding that marketing year for which data are available; or

"(II)(aa) the price received for the agricultural commodity by the producer during the marketing year with respect to which the petition is filed has decreased compared to the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or

"(bb) the county level price maintained by the Secretary for the agricultural commodity on the date on which the petition is filed has decreased compared to the average county level price for the commodity in the 3 marketing years preceding the date on which the petition is filed; and

"(iii) the producer is not receiving—

"(I) cash benefits under chapter 2 or 3; or

"(II) benefits based on the production of an agricultural commodity covered by another petition filed under this chapter.

"(B) Special rule with respect to crops not grown every year.—For purposes of subparagraph (A)(ii)(II)(aa), if a petition is filed with respect to an agricultural commodity that is not produced by the producer every year, an agricultural commodity producer producing that commodity may establish the average price received for the commodity by the producer in the 3 marketing years preceding the year with respect to which the petition is filed by using average price data for the 3 most recent marketing years in which the producer produced the commodity and for which data are available.

"(2) Limitations based on adjusted gross income.—

"(A) In general.—Notwithstanding any other provision of this chapter, an agricultural commodity producer shall not be eligible for assistance under this chapter in any year in which the average adjusted gross income (as defined in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a))) of the producer exceeds the level set forth in subparagraph (A) or (B) of section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)), whichever is applicable.

"(B) Demonstration of compliance.—An agricultural commodity producer shall provide to the Secretary such information as the Secretary determines necessary to demonstrate that the producer is in compliance with the limitation under subparagraph (A).

"(C) Counter-cyclical and acre payments.—The total amount of payments made to an agricultural commodity producer under this chapter during any crop year may not exceed the limitations on payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308).

"(b) Technical Assistance.—

"(1) Initial technical assistance.—

"(A) In general.—An agricultural commodity producer that files an application and meets the requirements under subsection (a)(1) shall be entitled to receive initial technical assistance designed to improve the competitiveness of the production and marketing of the agricultural commodity with respect to which the producer was certified under this chapter. Such assistance shall include information regarding—

"(i) improving the yield and marketing of that agricultural commodity; and

"(ii) the feasibility and desirability of substituting one or more alternative agricultural commodities for that agricultural commodity.

"(B) Transportation and subsistence expenses.—

"(i) In general.—The Secretary may authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses incurred by an agricultural commodity producer in connection with initial technical assistance under subparagraph (A) if such assistance is provided at facilities that are not within normal commuting distance of the regular place of residence of the producer.

"(ii) Exceptions.—The Secretary may not authorize payments to an agricultural commodity producer under clause (i)—

"(I) for subsistence expenses that exceed the lesser of—

"(aa) the actual per diem expenses for subsistence incurred by the producer; or

"(bb) the prevailing per diem allowance rate authorized under Federal travel regulations; or

"(II) for travel expenses that exceed the prevailing mileage rate authorized under the Federal travel regulations.

"(2) Intensive technical assistance.—A producer that has completed initial technical assistance under paragraph (1) shall be eligible to participate in intensive technical assistance. Such assistance shall consist of—

"(A) a series of courses to further assist the producer in improving the competitiveness of the producer in producing—

"(i) the agricultural commodity with respect to which the producer was certified under this chapter; or

"(ii) another agricultural commodity; and

"(B) assistance in developing an initial business plan based on the courses completed under subparagraph (A).

"(3) Initial business plan.—

"(A) Approval by secretary.—The Secretary shall approve an initial business plan developed under paragraph (2)(B) if the plan—

"(i) reflects the skills gained by the producer through the courses described in paragraph (2)(A); and

"(ii) demonstrates how the producer will apply those skills to the circumstances of the producer.

"(B) Financial assistance for implementing initial business plan.—Upon approval of the producer's initial business plan by the Secretary under subparagraph (A), a producer shall be entitled to an amount not to exceed $4,000 to—

"(i) implement the initial business plan; or

"(ii) develop a long-term business adjustment plan under paragraph (4).

"(4) Long-term business adjustment plan.—

"(A) In general.—A producer that has completed intensive technical assistance under paragraph (2) and whose initial business plan has been approved under paragraph (3)(A) shall be eligible for, in addition to the amount under subparagraph (C), assistance in developing a long-term business adjustment plan.

"(B) Approval of long-term business adjustment plans.—The Secretary shall approve a long-term business adjustment plan developed under subparagraph (A) if the Secretary determines that the plan—

"(i) includes steps reasonably calculated to materially contribute to the economic adjustment of the producer to changing market conditions;

"(ii) takes into consideration the interests of the workers employed by the producer; and

"(iii) demonstrates that the producer will have sufficient resources to implement the business plan.

"(C) Plan implementation.—Upon approval of the producer's long-term business adjustment plan under subparagraph (B), a producer shall be entitled to an amount not to exceed $8,000 to implement the long-term business adjustment plan.

"(c) Maximum Amount of Assistance.—An agricultural commodity producer may receive not more than $12,000 under paragraphs (3) and (4) of subsection (b) in the 36-month period following certification under section 293.

"(d) Limitations on Other Assistance.—An agricultural commodity producer that receives benefits under this chapter (other than initial technical assistance under subsection (b)(1)) shall not be eligible for cash benefits under chapter 2 or 3.".

(b) Clerical Amendment.—

The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 296 and inserting the following:

"Sec. 296. Qualifying requirements and benefits for agricultural commodity producers.".

SEC. 1884. REPORT.

Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended by adding at the end the following:

"(d) Report by the Secretary.—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 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 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 chapter.

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

SEC. 1885. FRAUD AND RECOVERY OF OVERPAYMENTS.

Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C. 2401f(a)(1)) is amended by inserting "or has expended funds received under this chapter for a purpose that was not approved by the Secretary," after "entitled,".

SEC. 1886. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN FISHERMEN.

For purposes of chapters 2 and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), in the case of an agricultural commodity producer that—

(1) is a fisherman or aquaculture producer, and

(2) is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be,

the increase in imports of articles like or directly competitive with the agricultural commodity produced by such producer may be based on imports of wild-caught seafood, farm-raised seafood, or both.

SEC. 1887. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking "fiscal years 2003 through 2007" and all that follows through the end period and inserting "fiscal years 2009 and 2010, and $22,500,000 for the period beginning October 1, 2010, and ending December 31, 2010, to carry out the purposes of this chapter, including administrative costs, and salaries and expenses of employees of the Department of Agriculture.".