19 U.S.C. § 2401e: Qualifying requirements for agricultural commodity producers

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. The producer certifies that the producer has not received cash benefits under any provision of this subchapter other than this part. 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. information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and 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. Notwithstanding 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 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 section 1308–3a of title 7 ; or information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary. 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) 3 of title 7. 3 See References in Text note below. as defined in section 62 of title 26 and implemented in accordance with procedures established by the Secretary; and that is earned directly or indirectly from all agricultural and nonagricultural sources of an individual or entity for a fiscal or corresponding crop year. The term “average adjusted gross income” means the average adjusted gross income of a producer for each of the 3 preceding taxable years. 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. 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 the national average price of the agricultural commodity for the most recent marketing year, and the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year. 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. The maximum amount of cash benefits an agricultural commodity producer may receive in any 12-month period shall not exceed $10,000. shall not be eligible for any other cash benefit under this subchapter, and shall be entitled to employment services and training benefits under division II of subpart B of part 2.