US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 1308–3

Foreign persons made ineligible for program benefits

Notwithstanding any other provision of law:
(a)

In general

8 U.S.C. 11017 U.S.C. 87017 U.S.C. 90017 U.S.C. 720115 U.S.C. 71416 U.S.C. 38311

1 See References in Text note below.
16 U.S.C. 3801Any 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 ( 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 [ et seq.], title I of the Agricultural Act of 2014 [ et seq.], the Agricultural Market Transition Act [ et seq.], the Commodity Credit Corporation Charter Act ( et seq.), or subtitle D of title XII of the Food Security Act of 1985 ( et seq.), or under any contract entered into under title XII [ 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

8 U.S.C. 1101For 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 [ 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 .

Pub. L. 99–198, title X, § 1001CPub. L. 100–203, title I, § 1306101 Stat. 1330–19Pub. L. 101–624, title XI, § 1111(b)104 Stat. 3498Pub. L. 103–66, title I, § 1101(b)(3)(B)107 Stat. 314Pub. L. 104–127, title I, § 115(c)(2)110 Stat. 903Pub. L. 107–171, title I, § 1603(c)(3)116 Stat. 215Pub. L. 110–234, title I, § 1603(a)122 Stat. 1002Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title I, § 1603(b)(3)128 Stat. 706(, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , title I, § 1603(a), , , 1730; , , .)

Editorial Notes

References in Text

act June 27, 1952, ch. 47766 Stat. 163section 1101 of Title 8The Immigration and Nationality Act, referred to in subsecs. (a) and (b), is , , which is classified principally to chapter 12 (§ 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 and Tables.

Pub. L. 110–246122 Stat. 1651section 8701 of this titleThe Food, Conservation, and Energy Act of 2008, referred to in subsec. (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. 113–79128 Stat. 649section 9001 of this titleThe Agricultural Act of 2014, referred to in subsec. (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.

Pub. L. 104–127110 Stat. 896section 7201 of this titleThe Agricultural Market Transition Act, referred to in subsec. (a), is title I of , , , which is classified principally to chapter 100 (§ 7201 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under and Tables.

act June 29, 1948, ch. 70462 Stat. 1070section 714 of Title 15The Commodity Credit Corporation Charter Act, referred to in subsec. (a), is , , which is classified generally to subchapter II (§ 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 and Tables.

Pub. L. 99–19899 Stat. 1354section 1281 of this titleThe Food Security Act of 1985, referred to in subsec. (a), is , , . Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of Title 16, Conservation. Subtitle D of title XII of the Act is classified generally to subchapter IV (§ 3830 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 and Tables.

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 .

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

Pub. L. 113–792014—Subsec. (a). inserted “title I of the Agricultural Act of 2014,” before “the Agricultural Market Transition Act”.

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

Pub. L. 107–1712002—Subsec. (a). inserted “title I of the Farm Security and Rural Investment Act of 2002,” after “made available under”.

Pub. L. 104–1277 U.S.C. 14211996—Subsec. (a). 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 ( et seq.),”, and struck out “during the 1989 through 1997 crop years” before “, with respect to any commodity produced”.

Pub. L. 103–661993—Subsec. (a). substituted “1997” for “1995” in two places.

Pub. L. 101–62416 U.S.C. 38311990—Subsec. (a). 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 “( et seq.)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–79section 1603(c) of Pub. L. 113–79section 1308 of this titleAmendment by applicable beginning with the 2014 crop year, see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. 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 Date

Pub. L. 100–203, title I, § 1306101 Stat. 1330–19, , , provided that this section is effective beginning with the 1989 crops.