United States Code

USC most recently checked for updates: Apr 22, 2024

§ 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 title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.], 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.),1

1
 See References in Text note below.
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), 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, § 1001C, as added Pub. L. 100–203, title I, § 1306, Dec. 22, 1987, 101 Stat. 1330–19; amended Pub. L. 101–624, title XI, § 1111(b), Nov. 28, 1990, 104 Stat. 3498; Pub. L. 103–66, title I, § 1101(b)(3)(B), Aug. 10, 1993, 107 Stat. 314; Pub. L. 104–127, title I, § 115(c)(2), Apr. 4, 1996, 110 Stat. 903; Pub. L. 107–171, title I, § 1603(c)(3), May 13, 2002, 116 Stat. 215; Pub. L. 110–234, title I, § 1603(a), May 22, 2008, 122 Stat. 1002; Pub. L. 110–246, § 4(a), title I, § 1603(a), June 18, 2008, 122 Stat. 1664, 1730; Pub. L. 113–79, title I, § 1603(b)(3), Feb. 7, 2014, 128 Stat. 706.)
cite as: 7 USC 1308-3