7 U.S.C. § 1308–3 — Foreign persons made ineligible for program benefits
submitted 39 years ago by Pub. L. 99-198 to r/title-7-AGRICULTURE · 423 words · no verdicts yet
A person who is neither a U.S. citizen nor a lawful permanent resident generally cannot receive specified farm-program loans or payments. A corporation or other entity is generally ineligible when more than 10 percent of its beneficial ownership is held by such people, subject to the stated labor exceptions and prospective-application rule.
(a) In general. A person* who is not a U.S. citizen or an alien lawfully admitted for permanent residence under the Immigration and Nationality Act cannot receive any kind of loan or payment made available under the farm programs listed in this subsection. This applies to a commodity produced, or land taken out of production, on a farm that the person owns or operates. The exception is an individual who provides land, capital, and a substantial amount of personal labor to produce crops on that farm.
(b) Corporations or other entities. For subsection (a), a corporation or other entity is treated as an ineligible person for production-adjustment payments, price-support program loans, payments, or benefits if more than 10 percent of its beneficial ownership is held by people who are neither U.S. citizens nor lawful permanent residents under the Immigration and Nationality Act. This does not apply if those people provide a substantial amount of personal labor in producing crops on the farm. Even when an entity is ineligible, the Secretary* may provide payments, loans, and other benefits in an amount the Secretary decides represents the ownership interests held by U.S. citizens and lawful permanent residents.
(c) Prospective application. A person does not become ineligible under this section because of a crop planted, or a commodity-program or conservation-reserve contract entered into, before December 22, 1987.
Notwithstanding any other provision of law:
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 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.
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.
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.
Source credit: (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.)
- 1987Enacted · Pub. L. 99-198 · 101 Stat. 1330
- 1990Amended · Pub. L. 101-624 · 104 Stat. 3498
- 1993Amended · Pub. L. 103-66 · 107 Stat. 314
- 1996Amended · Pub. L. 104-127 · 110 Stat. 903
- 2002Amended · Pub. L. 107-171 · 116 Stat. 215
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1002
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1730
- 2014Amended · Pub. L. 113-79 · 128 Stat. 706
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-198 on 1987-12-22.
all 0 arguments · sorted by: best
no arguments yet — make the first case