§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) 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 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.

(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.)

Amendment of Section

For termination of amendment by section 1893 of Pub. L. 111–5, see Effective and Termination Dates of 2009 Amendment note below.

Amendments

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 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 Effective and Termination Dates of 2009 Amendment note below.

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

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.

Except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, see section 1893 of Pub. L. 111–5, set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title.

Termination Date

Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.