
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1308-3]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
  Part A--Definitions, Loans, Parity Payments, and Consumer Safeguards
 
Sec. 1308-3. Foreign persons made ineligible for program 
        benefits
        
    Notwithstanding any other provision of law:

(a) In general

    Any person who is not a citizen of the United States or an alien 
lawfully admitted into the United States for permanent residence under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall be 
ineligible to receive any type of loans or payments made available under 
the Agricultural Market Transition Act [7 U.S.C. 7201 et seq.], the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or 
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 
et seq.), or under any contract entered into under title XII [16 U.S.C. 
3801 et seq.], with respect to any commodity produced, or land set aside 
from production, on a farm that is owned or operated by such person, 
unless such person is an individual who is providing land, capital, and 
a substantial amount of personal labor in the production of crops on 
such farm.

(b) Corporations or other entities

    For purposes of subsection (a) of this section, a corporation or 
other entity shall be considered a person that is ineligible for 
production adjustment payments, price support program loans, payments, 
or benefits if more than 10 percent of the beneficial ownership of the 
entity is held by persons who are not citizens of the United States or 
aliens lawfully admitted into the United States for permanent residence 
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], 
unless such persons provide a substantial amount of personal labor in 
the production of crops on such farm. Notwithstanding the foregoing 
provisions of this subsection, with respect to an entity that is 
determined to be ineligible to receive such payments, loans, or other 
benefits, the Secretary may make payments, loans, and other benefits in 
an amount determined by the Secretary to be representative of the 
percentage interests of the entity that is owned by citizens of the 
United States and aliens lawfully admitted into the United States for 
permanent residence under the Immigration and Nationality Act.

(c) Prospective application

    No person shall become ineligible under this section for production 
adjustment payments, price support program loans, payments or benefits 
as the result of the production of a crop of an agricultural commodity 
planted, or commodity program or conservation reserve contract entered 
into, before December 22, 1987.

(Pub. L. 99-198, title X, Sec. 1001C, as added Pub. L. 100-203, title I, 
Sec. 1306, Dec. 22, 1987, 101 Stat. 1330-19; amended Pub. L. 101-624, 
title XI, Sec. 1111(b), Nov. 28, 1990, 104 Stat. 3498; Pub. L. 103-66, 
title I, Sec. 1101(b)(3)(B), Aug. 10, 1993, 107 Stat. 314; Pub. L. 104-
127, title I, Sec. 115(c)(2), Apr. 4, 1996, 110 Stat. 903.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsecs. (a) and 
(b), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, 
Aliens and Nationality. For complete classification of this Act to the 
Code, see Short Title note set out under section 1101 of Title 8 and 
Tables.
    The Agricultural Market Transition Act, referred to in subsec. (a), 
is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 896, which is 
classified principally to chapter 100 (Sec. 7201 et seq.) of this title. 
For complete classification of this Act to the Code, see References in 
Text note set out under section 7201 of this title and Tables.
    The Commodity Credit Corporation Charter Act, referred to in subsec. 
(a), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which is 
classified generally to subchapter II (Sec. 714 et seq.) of chapter 15 
of Title 15, Commerce and Trade. For complete classification of this Act 
to the Code, see Short Title note set out under section 714 of Title 15 
and Tables.
    The Food Security Act of 1985, referred to in subsec. (a), is Pub. 
L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of the 
Act, popularly known as the ``Sodbuster Law'', is classified principally 
to chapter 58 (Sec. 3801 et seq.) of Title 16, Conservation. Subtitle D 
of title XII of the Act is classified generally to subchapter IV 
(Sec. 3831 et seq.) of chapter 58 of Title 16. For complete 
classification of this Act to the Code, see Short Title of 1985 
Amendment note set out under section 1281 of this title and Tables.

                          Codification

    Section was enacted as part of the Food Security Act of 1985, and 
not as part of the Agricultural Adjustment Act of 1938 which comprises 
this chapter.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-127 substituted ``Any person'' for 
``For each of the 1991 through 1997 crops, any person'', substituted 
``loans or payments made available under the Agricultural Market 
Transition Act,'' for ``production adjustment payments, price support 
program loans, payments, or benefits made available under the 
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),'', and struck out 
``during the 1989 through 1997 crop years'' before ``, with respect to 
any commodity produced''.
    1993--Subsec. (a). Pub. L. 103-66 substituted ``1997'' for ``1995'' 
in two places.
    1990--Subsec. (a). Pub. L. 101-624 substituted ``1991 through 1995 
crops'' for ``1989 and 1990 crops'' and inserted ``, or under any 
contract entered into under title XII during the 1989 through 1995 crop 
years,'' after ``(16 U.S.C. 3831 et seq.)''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-624 effective beginning with 1991 crop of 
an agricultural commodity, with provision for prior crops, see section 
1171 of Pub. L. 101-624, set out as a note under section 1421 of this 
title.


                             Effective Date

    Section 1306 of Pub. L. 100-203 provided that this section is 
effective beginning with 1989 crops.

                  Section Referred to in Other Sections

    This section is referred to in sections 1308, 1308-2, 1308-4, 7215 
of this title.
