7 U.S.C. § 1308

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (a)(5)(A), (B), is classified generally to Title 26, Internal Revenue Code.

Pub. L. 113–79Feb. 7, 2014128 Stat. 649 section 9001 of this titleThe Agricultural Act of 2014, referred to in subsecs. (d) and (f)(5)(A), (6)(A), is , , . Title I of the Act is classified principally to chapter 115 (§ 9001 et seq.) of this title. For complete classification of this Act to the Code, see short title note set out under and Tables.

section 1308–3a(b) of this titlePub. L. 113–79, title I, § 1605(a)(2)Feb. 7, 2014128 Stat. 707 Pars. (1) and (2) of , referred to in subsec. (e)(1), were repealed, and new pars. (1) and (2) were enacted, by , , .

Pub. L. 110–246June 18, 2008122 Stat. 1651 section 8701 of this titleThe Food, Conservation, and Energy Act of 2008, referred to in subsec. (f)(5)(A), (6)(A), is , , . Title I of the Act is classified principally to chapter 113 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–198Dec. 23, 198599 Stat. 1504 Title XII of this Act, referred to in subsec. (f)(5)(A), (6)(A), means title XII of the Food Security Act of 1985, , , , which is classified principally to chapter 58 (§ 3801 et seq.) of Title 16, Conservation.

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

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.

Prior Provisions

Pub. L. 97–98, title XI, § 1101Dec. 22, 198195 Stat. 1263 Pub. L. 98–88, § 6Aug. 26, 198397 Stat. 499 A prior section 1308, , , ; , , , related to programs for 1982 through 1985 crops.

Pub. L. 95–113, title I, § 101Sept. 29, 197791 Stat. 917 Pub. L. 96–213, § 5Mar. 18, 198094 Stat. 120 Another prior section 1308, , , ; , , , related to programs for 1978 through 1981 crops.

Amendments

Pub. L. 119–21, § 10306(a)(1)2025—Subsec. (a)(5), (6). , added par. (5) and redesignated former par. (5) as (6).

Pub. L. 119–21, § 10307(1)Subsec. (b). , substituted “Subject to subsection (i), the total amount” for “The total amount” and “$155,000” for “$125,000”.

Pub. L. 119–21, § 10306(a)(2), substituted “except a qualified pass-through entity” for “except a joint venture or general partnership”.

Pub. L. 119–21, § 10307(2)Subsec. (c). , substituted “Subject to subsection (i), the total amount” for “The total amount” and “$155,000” for “$125,000”.

Pub. L. 119–21, § 10306(a)(2), substituted “except a qualified pass-through entity” for “except a joint venture or general partnership”.

Pub. L. 119–21, § 10306(a)(3)Subsec. (d). , struck out “subtitle B of title I of the Agricultural Act of 2014 or” after “made available under”.

Pub. L. 119–21, § 10306(b)Subsec. (e)(3)(B)(ii). , substituted “qualified pass-through entities” for “joint ventures and general partnerships” in heading and text and substituted “a qualified pass-through entity” for “a joint venture or a general partnership” and “the qualified pass-through entity” for “the joint venture or general partnership”.

Pub. L. 119–21, § 10307(3)Subsec. (i). , added subsec. (i).

Pub. L. 115–334, § 1703(a)(1)(A)7 U.S.C. 90112018—Subsec. (a)(1). , substituted “section 1111 of the Agricultural Act of 2014 ()” for “section 1001 of the Food, Conservation, and Energy Act of 2008”.

Pub. L. 115–334, § 1703(a)(1)(B)Subsec. (a)(2). , inserted “first cousin, niece, nephew,” after “sibling,”.

Pub. L. 115–334, § 1703(a)(2)7 U.S.C. 9016Subsecs. (b), (c). , substituted “sections 1116 and 1117 of the Agricultural Act of 2014 (, 9017)” for “sections 1116 and 1117 and as marketing loan gains or loan deficiency payments under subtitle B of title I of the Agricultural Act of 2014”.

Pub. L. 115–334, § 1703(a)(3)Subsec. (f)(9). , added par. (9).

Pub. L. 113–79, § 1603(a)2014—Subsecs. (b), (c). , added subsecs. (b) and (c) and struck out former subsecs. (b) and (c). Prior to amendment, subsec. (b) related to limitations on direct payments, counter-cyclical payments, and ACRE payments for covered commodities other than peanuts, and subsec. (c) related to limitations on direct payments, counter-cyclical payments, and ACRE payments for peanuts.

Pub. L. 113–79, § 1605(f)Subsec. (d). , inserted before period at end “or title I of the Agricultural Act of 2014”.

Pub. L. 113–79, § 1603(b)(1), substituted “the forfeiture of a commodity pledged as collateral for a loan made available under subtitle B of title I of the Agricultural Act of 2014” for “the marketing assistance loan program or the loan deficiency payment program under title I of the Food, Conservation, and Energy Act of 2008”.

Pub. L. 113–79, § 1603(b)(2)(A)Subsec. (f)(5)(A). , substituted “, title I of the Agricultural Act of 2014, or title XII” for “or title XII”.

Pub. L. 113–79, § 1603(b)(2)(B)Subsec. (f)(6)(A). , substituted “, title I of the Agricultural Act of 2014, or title XII” for “or title XII”.

Pub. L. 110–246, § 1603(b)(1)(A)section 1308–5 of this title2008—Subsec. (a). , inserted “through ” after “this section” in introductory provisions.

Pub. L. 110–246, § 1603(a)Subsec. (a)(1). , substituted “Food, Conservation, and Energy Act of 2008” for “Farm Security and Rural Investment Act of 2002”.

Pub. L. 110–246, § 1603(b)(1)(B)Subsec. (a)(2). , (C), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘loan commodity’ has the meaning given that term in section 1001 of the Farm Security and Rural Investment Act of 2002, except that the term does not include wool, mohair, or honey.”

Pub. L. 110–246, § 1603(b)(1)(B)Subsec. (a)(3) to (5). , (C), added pars. (3) and (4) and redesignated former par. (3) as (5).

Pub. L. 110–246, § 1603(b)(2)Subsecs. (b) to (d). , added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which related to limitation on direct payments, limitation on counter-cyclical payments, and limitation on marketing loan gains and loan deficiency payments, respectively.

Pub. L. 110–246, § 1603(b)(3)Subsecs. (e) to (h). , added subsecs. (e) to (g), redesignated former subsec. (g) as (h), and struck out former subsecs. (e) and (f) which related to issuance of regulations defining “person” and prescribing rules determined necessary to assure a fair and reasonable application of section limitation, and inapplicability to public schools of provisions limiting payments to any person.

Pub. L. 107–171, § 1603(a)2002—, substituted section catchline for former section catchline.

Pub. L. 107–171, § 1603(a)Subsec. (a) to (d). , added subsecs. (a) to (d) and struck out former pars. (1) to (4) which related to limitation on payments under production flexibility contracts, limitation on marketing loan gains and loan deficiency payments, description of payments subject to limitation, and definitions, respectively.

Pub. L. 107–171, § 1603(b)(1)Subsec. (e). , redesignated par. (5) as subsec. (e), inserted heading, further redesignated former subpars., cls., and subcls. as pars., subpars., and cls., respectively, substituted “paragraph (1), subject to subparagraph (B)” for “subparagraph (A), subject to clause (ii)” in subsec. (e)(2)(A) and “as described in subsections (b), (c), and (d) of this section” for “as described in paragraphs (1) and (2)” in subsec. (e)(2)(C)(ii), and struck out second sentence of subsec. (e)(1) which read as follows: “Such regulations shall incorporate the provisions in subparagraphs (B) through (E) of this paragraph, paragraphs (6) and (7), and sections 1308–1 through 1308–3 of this title.”

Pub. L. 107–171, § 1603(b)(2)Subsec. (f). , redesignated par. (6) as subsec. (f) and inserted heading.

Pub. L. 107–171, § 1603(b)(3)Subsec. (g). , redesignated par. (7) as subsec. (g) and inserted heading.

Pub. L. 104–1271996—Pars. (1) to (4). added pars. (1) to (4) and struck out former pars. (1) to (4) which established limitations on payments under wheat, feed grains, upland cotton, extra long staple cotton, honey, and rice programs for 1987 through 1997 crops.

Pub. L. 103–661993—Pars. (1)(A), (B), (2)(A). substituted “1997” for “1995”.

Pub. L. 102–2371991—Par. (2)(B)(iv). inserted “section” before “107B(c)(1)”.

Pub. L. 101–624, § 1111(a)(1)1990—Par. (1). , designated existing provisions as subpar. (A), substituted “1995” for “1990”, and added subpar. (B).

Pub. L. 101–624, § 1111(a)(2)Par. (2)(A). , substituted “1991 through 1995 crops” for “1987 through 1990 crops” and substituted “and” for “honey, and (with respect to clause (iii)(II) of subparagraph (B))” after “rice,”.

Pub. L. 101–624, § 1111(a)(3)(A)Par. (2)(B)(iii). , added cl. (iii) and struck out former cl. (iii) which read as follows: “(iii)(I) any gain realized by a producer from repaying a loan for a crop of wheat, feed grains, upland cotton, rice, or honey at the rate permitted under section 107D(a)(5), 105C(a)(4), 103A(a)(5), 101A(a)(5), or 201(b)(2), respectively, of the Agricultural Act of 1949 or (II) any gain realized by a producer from repaying a loan for a crop of any other commodity at a lower level than the original loan level established under the Agricultural Act of 1949;”

Pub. L. 101–624, § 1111(a)(3)(B)Par. (2)(B)(iv). , substituted “107B(c)(1) or 105B(c)(1)” for “section 107D(c)(1) or 105C(c)(1)”, and “section 107B(a)(3) or 105B(a)(3)” for “section 107D(a)(4) or 105C(a)(3)”.

Pub. L. 101–624, § 1111(a)(3)(C)Par. (2)(B)(v). , added cl. (v) and struck out former cl. (v) which read as follows: “(v) any loan deficiency payment received for a crop of wheat, feed grains, upland cotton, or rice under section 107D(b), 105C(b), 103A(b), or 101A(b), respectively, of the Agricultural Act of 1949; and”.

Pub. L. 101–624, § 1111(a)(3)(D)Par. (2)(B)(vi). , substituted “section 107B(f), 105B(f), 103B(f), or 101B(f)” for “section 107D(g), 105C(g), 103A(g), or 101A(g)”.

Pub. L. 101–624, § 1111(e)Par. (5)(B)(ii)(III). , added subcl. (III).

Pub. L. 101–624, § 1111(c)Par. (5)(B)(iii). , amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “Such regulations shall provide that, with respect to any married couple, the husband and wife shall be considered to be one person, except that any married couple consisting of spouses who, prior to their marriage, were separately engaged in unrelated farming operations, each spouse shall be treated as a separate person with respect to the farming operation brought into the marriage by such spouse so long as such operation remains as a separate farming operation, for the purposes of the application of the limitations under this section.”

Pub. L. 101–217, § 21989—Par. (5)(D). , amended subpar. (D) generally, striking out cl. (i) designation, substituting “Any” for “Except as provided in clause (ii), any” and “ineligible to receive any payment specified in paragraph (1) or (2) or subtitle D of title XII with respect to such land” for “considered the same person as the landlord”, and struck out cls. (ii) and (iii) which read as follows:

“(ii) A tenant that because of any act or failure to act would otherwise be considered the same person as the landlord under clause (i) shall not be considered the same person as the landlord if the Secretary has at any time made a determination, for purposes of this section, regarding the number of persons with respect to the tenant’s operation on such land for the 1989 crop year and the landlord did not consent to or knowingly participate in such act or failure to act.

“(iii) Any tenant that would be considered to be the same person as the landlord but for the operation of clause (ii) shall be eligible to receive any payment specified in paragraph (1) or (2) or subtitle D of title XII with respect to such land only to the extent that the tenant would be eligible for such payments if the tenant were to be considered the same person as the landlord under the regulations in place immediately prior to the enactment of this subparagraph.”

Pub. L. 101–217, § 1, in temporarily amending subpar. (D) generally, designated existing provisions as cl. (i) and added cls. (ii) and (iii). See Effective and Termination Dates of 1989 Amendment note below.

Pub. L. 100–203, § 1301(a)(1)1987—Par. (1). , substituted “Subject to sections 1308–1 through 1308–3 of this title, for each” for “For each”.

Pub. L. 100–203, § 1301(a)(2)(A)Par. (2)(A). , substituted “Subject to sections 1308–1 through 1308–3 of this title, for each” for “For each”.

Pub. L. 100–203, § 1307Par. (2)(C). , struck out cl. (ii) designation, and struck out cl. (i) which read as follows: “The total amount of loans on a crop of honey that a person may have outstanding at any one time under the annual program established for such crop under the Agricultural Act of 1949 may not exceed $250,000 less the amount of payments, as described in paragraph (1) and subparagraphs (A) and (B) of this paragraph, received by such person for the crop year involved.”

Pub. L. 100–203, § 1301(a)(2)(B)Pub. L. 100–71section 1307 of Pub. L. 100–203, which directed substitution of “Subject to sections 1308–1 through 1308–3 of this title, the total” for “The total” could not be executed in view of amendments by and .

Pub. L. 100–71 designated existing provision as cl. (i) and added cl. (ii).

Pub. L. 100–203, § 1303(a)(1)Par. (5)(A). , (2), inserted after first sentence “Such regulations shall incorporate the provisions in subparagraphs (B) through (E) of this paragraph, paragraphs (6) and (7), and sections 1308–1 through 1308–3 of this title” and struck out at end “Such regulations shall provide that the term ‘person’ does not include any cooperative association of producers that markets commodities for producers with respect to the commodities so marketed for producers.”

Pub. L. 100–203, § 1303(a)(2)Par. (5)(B). , (3), added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 100–203, § 1303(a)(3)Par. (5)(C). , redesignated subpar. (B) as (C).

Pub. L. 100–203, § 1303(a)(4)Par. (5)(D), (E). , added subpars. (D) and (E).

Pub. L. 100–203, § 1303(b)Par. (6). , amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The provisions of this section that limit payments to any person shall not be applicable to lands or animals owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed or animals are husbanded primarily in the direct furtherance of a public function, as determined by the Secretary.”

Pub. L. 100–203, § 1305(c)Par. (7). , added par. (7).

Pub. L. 99–500Pub. L. 99–591, § 108(a)(1)1986—Par. (1). and , in temporarily amending par. (1) generally, substituted provision limiting, for each of the 1987 through 1990 crops, the total amount of deficiency payments, excluding deficiency payments described in par. (2)(B)(I)(iv) and land diversion payments that any one person be entitled to as not to exceed $50,000 for provision limiting, for each of the 1986 through 1990 crops, the total amount of payments, excluding disaster payments, that any one person be entitled to as not to exceed $50,000. See Effective and Termination Dates of 1986 Amendment note below.

Pub. L. 99–500Pub. L. 99–591, § 108(a)(1)Par. (2). and , in temporarily amending par. (2) generally, designated existing provision as subpar. (A), and in subpar. (A) as so designated, substituted provision limiting, for each of the 1987 through 1990 crops, the total amount of payments set forth in subpar. (B) that any one person be entitled to as not to exceed $250,000 and inserting honey as an eligible crop for provision limiting, for each of the 1986 through 1990 crops, the total amount of disaster payments not any one person be entitled to as not to exceed $100,000, and added subpars. (B) and (C). See Effective and Termination Dates of 1986 Amendment note below.

Pub. L. 99–500Pub. L. 99–591, § 108(a)(1)Par. (3). and , temporarily substituted provision authorizing the Secretary, if he determines that a limitation will have an adverse effect on a program, to adjust upward such limitation as appropriate or necessary for provision specifying what is not included within the term “payments” as used in this section. See Effective and Termination Dates of 1986 Amendment note below.

Pub. L. 99–500Pub. L. 99–591, § 108(a)(2)Par. (5)(A). and , temporarily inserted provision that the term “person” not include any cooperative association of producers that markets commodities for producers with respect to the commodities so marketed for producers. See Effective and Termination Dates of 1986 Amendment note below.

Pub. L. 99–500Pub. L. 99–591, § 108(a)(3)Par. (6). and , temporarily substituted “lands or animals owned” for “lands owned” and inserted “or animals are husbanded”. See Effective and Termination Dates of 1986 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–334, title I, § 1703(b)Dec. 20, 2018132 Stat. 4526

Effective Date of 2014 Amendment

Pub. L. 113–79, title I, § 1603(c)Feb. 7, 2014128 Stat. 706

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246May 22, 2008Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .

Effective Date of 1990 Amendment

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

Effective and Termination Dates of 1989 Amendment

Pub. L. 101–217, § 1Dec. 11, 1989103 Stat. 1857 , , , provided that the amendment made by that section is effective only for the 1989 crops.

Pub. L. 101–217, § 2Dec. 11, 1989103 Stat. 1857 Pub. L. 101–624, title XI, § 1111(i)Nov. 28, 1990104 Stat. 3500 , , , as amended by , , , provided that the amendment made by that section is effective beginning with the 1990 crops.

Effective Date of 1987 Amendment

Pub. L. 100–203, title IDec. 22, 1987101 Stat. 1330–12 Pub. L. 100–203, §§ 1301(a), 1303, , , 1330–16, provided that the amendments made by sections 1301(a)(1), (2) and 1303 of are effective beginning with 1989 crops.

Effective and Termination Dates of 1986 Amendment

Pub. L. 99–500, § 108(a)Oct. 18, 1986100 Stat. 1783–346 Pub. L. 99–591, § 108(a)Oct. 30, 1986100 Stat. 3341–346 Pub. L. 99–500Pub. L. 99–591, , , and , , , provided that the amendment made by and is effective with respect to each of the 1987 through 1990 crops.

Pub. L. 99–500, § 108(b)Oct. 18, 1986100 Stat. 1783–347 Pub. L. 99–591, § 108(b)Oct. 30, 1986100 Stat. 3341–347

Transition Provisions

Pub. L. 110–234, title I, § 1603(h)May 22, 2008122 Stat. 1012 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664

section 1603(h) of Pub. L. 110–246section 8702 of this title[For definition of “covered commodity” as used in , set out above, see .]

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246section 8701 of this title[ and enacted identical provisions. was repealed by , set out as a note under .]

Pub. L. 107–171, title I, § 1603(d)May 13, 2002116 Stat. 215

Equitable Relief

Pub. L. 101–217, § 3Dec. 11, 1989103 Stat. 1858

Payment Provisions Education Program

Pub. L. 100–203, title I, § 1304(a)Dec. 22, 1987101 Stat. 1330–17

Regulations To Carry Out 1987 Amendments; Transition Rules; Equitable Adjustments

Pub. L. 100–203, title I, § 1305(a)Dec. 22, 1987101 Stat. 1330–18

Conservation Reserve Application

Pub. L. 100–203, title I, § 1305(d)Dec. 22, 1987101 Stat. 1330–18

Revision of Regulations

Pub. L. 99–500, § 108(c)Oct. 18, 1986100 Stat. 1783–347 Pub. L. 99–591, § 108(c)Oct. 30, 1986100 Stat. 3341–347

Separate Person Status Among Family Members

Pub. L. 99–198Pub. L. 99–500, § 101(a) [title VI, § 636]Oct. 18, 1986100 Stat. 1783 Pub. L. 99–591, § 101(a) [title VI, § 636]Oct. 30, 1986100 Stat. 3341