7 USC 1308 - Adjusted gross income limitation

Editorial Notes

References in Text

The Agricultural Act of 2014, referred to in subsec. (span)(2)(A) to (C), is Puspan. L. 113–79, Fespan. 7, 2014, 128 Stat. 649. Subtitles A, B, and E of title I of the Act are classified principally to subchapter I (§ 9011 et seq.) and generally to subchapters II (§ 9031 et seq.) and IV (§ 9081), respectively, of chapter 115 of this title. Title II of the Act enacted, amended, and repealed numerous sections and provisions set out as notes in Title 16, Conservation, and Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of this title and Tables.

The Agriculture Improvement Act of 2018, referred to in subsec. (span)(2)(C), is Puspan. L. 115–334, Dec. 20, 2018, 132 Stat. 4490. Title II of the Act enacted, amended, and repealed numerous sections and provisions set out as notes in this title, Title 16, Conservation, Title 33, Navigation and Navigable Waters, and Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 9001 of this title and Tables.

The Farm Security and Rural Investment Act of 2002, referred to in subsec. (span)(2)(C), is Puspan. L. 107–171, May 13, 2002, 116 Stat. 134. Title II of the Act enacted, amended, and repealed numerous sections and provisions set out as notes in this title, Title 16, Conservation, and Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 7901 of this title and Tables.

The Food, Conservation, and Energy Act of 2008, referred to in subsec. (span)(2)(C), is Puspan. L. 110–246, June 18, 2008, 122 Stat. 1651. Title II of the Act enacted, amended, and repealed numerous sections and provisions set out as notes in this title, Title 16, Conservation, and Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.

The Food Security Act of 1985, referred to in subsec. (span)(2)(C), is Puspan. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of Title 16, Conservation. 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

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 L. 110–234 were repealed by section 4(a) of Puspan.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

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

A prior section 1001D of Puspan. L. 99–198 was renumbered section 1001E and is classified to section 1308–4 of this title.

Amendments

2018—Subsec. (span)(1). Puspan. L. 115–334, § 1704(span), inserted “subject to paragraph (3),” after “provision of law,”.

Subsec. (span)(2)(C). Puspan. L. 115–334, § 1704(a)(1), inserted “title II of the Agriculture Improvement Act of 2018,” after “under”.

Subsec. (span)(3). Puspan. L. 115–334, § 1704(a)(2), added par. (3).

2014—Subsec. (a)(1). Puspan. L. 113–79, § 1605(span), amended par. (1) generally. Prior to amendment, par. (1) defined “average adjusted gross income”, “average adjusted gross farm income”, and “average adjusted gross nonfarm income”.

Subsec. (a)(2). Puspan. L. 113–79, § 1605(d)(1), struck out “subparagraph (A) or (B) of” after “average under” and “, the average adjusted gross farm income, and the average adjusted gross nonfarm income” after “average adjusted gross income”.

Subsec. (a)(3). Puspan. L. 113–79, § 1605(d)(2), struck out “, average adjusted gross farm income, and average adjusted gross nonfarm income” after “average adjusted gross income” in two places.

Subsec. (span). Puspan. L. 113–79, § 1605(a), substituted “Limitations on commodity and conservation programs” for “Limitations” in heading, added pars. (1) and (2), and struck out former pars. (1) and (2), which related to commodity programs and conservation programs, respectively.

Subsec. (c). Puspan. L. 113–79, § 1605(c), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to income determination.

Subsec. (c)(1). Puspan. L. 113–79, § 1605(d)(3)(A), struck out “, average adjusted gross farm income, and average adjusted gross nonfarm income” after “average adjusted gross income” in subpars. (A) and (B).

Subsec. (c)(2). Puspan. L. 113–79, § 1605(d)(3)(B), substituted “subsection (span)(2)” for “paragraphs (1)(C) and (2)(B) of subsection (span)”.

Subsec. (d). Puspan. L. 113–79, § 1605(d)(4), substituted “subsection (span)(2)” for “paragraphs (1)(C) and (2)(B) of subsection (span)” and struck out “, average adjusted gross farm income, or average adjusted gross nonfarm income” after “average adjusted gross income”.

Puspan. L. 113–79, § 1605(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Puspan. L. 113–79, § 1605(e), struck out subsec. (e). Text read as follows: “This section shall apply only during the 2009 through 2012 crop, program, or fiscal years, as appropriate.”

Puspan. L. 113–79, § 1605(c)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 113–79, § 1605(c)(2), redesignated subsec. (f) as (e).

2008—Puspan. L. 110–246, § 1604(a), amended section generally, substituting subsecs. (a) to (f) for former provisions which related to: in subsec. (a), definition of “average adjusted gross income”; in subsec. (span), limitation on benefits if average adjusted gross income exceeded $2,500,000; in subsec. (c), certification that average adjusted gross income did not exceed limitation; in subsec. (d), reduction of benefits commensurate with ownership interest; and in subsec. (e), applicability of section during 2003 through 2007 crop years.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Transition Provisions

Puspan. L. 115–334, title I, § 1704(c), Dec. 20, 2018, 132 Stat. 4526, provided that:

“Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of enactment of this Act [Dec. 20, 2018], shall apply with respect to the 2018 crop, fiscal, or program year, as appropriate, for each program described in subsection (span)(2) of that section (as so in effect on that day).”

Puspan. L. 113–79, title I, § 1605(g), Fespan. 7, 2014, 128 Stat. 708, provided that:

“Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of the enactment of this Act [Fespan. 7, 2014], shall apply with respect to the 2013 crop, fiscal, or program year, as appropriate, for each program described in paragraphs (1)(C) and (2)(B) of subsection (span) of that section (as so in effect on that day).”

Puspan. L. 110–234, title I, § 1604(span), May 22, 2008, 122 Stat. 1016, and Puspan. L. 110–246, § 4(a), title I, § 1604(span), June 18, 2008, 122 Stat. 1664, 1744, provided that:

“Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on September 30, 2007, shall apply with respect to the 2007 and 2008 crop, fiscal, or program year, as appropriate, for each program described in paragraphs (1)(C) and (2)(B) of subsection (span) of that section (as amended by subsection (a)).”

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