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Code · BILL · 113th Congress · S. 281 (Introduced in Senate) — To amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity... · Sec. 2

Sec. 2. Payment limitations

840 words·~4 min read·/bill/113/s/281/is/section-2

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Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— in subsection (a), by striking paragraph
(3)and inserting the following: The term legal entity means— an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d); a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); and an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture. The term legal entity does not include a general partnership or joint venture. ; by striking subsections
(b)through
(d)and inserting the following: The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) (or a successor provision) may not exceed $125,000, of which— not more than $75,000 may consist of marketing loan gains and loan deficiency payments under subtitle B or C of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) (or a successor provision); and not more than $50,000 may consist of any other payments made for covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) (or a successor provision). Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph
(2)and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b). In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary. A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection
(b)that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections. ; in paragraph (3)(B) of subsection (f), by adding at the end the following: In promulgating regulations to define the term legal entity as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation. ; and in subsection (h), in the second sentence, by striking or other entity and inserting or legal entity . Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— in subsection (e), by striking subsections
(b)and
(c)each place it appears in paragraphs
(1)and (3)(B) and inserting subsection
(b); in subsection (f)— in paragraph (2), by striking Subsections
(b)and
(c)and inserting Subsection
(b); in paragraph (4)(B), by striking subsection
(b)or
(c)and inserting subsection
(b); in paragraph (5)— in subparagraph (A), by striking subsection
(d); and in subparagraph (B), by striking subsection (b), (c), or
(d)and inserting subsection
(b); and in paragraph (6)— in subparagraph (A), by striking Notwithstanding subsection (d), except as provided in subsection
(g)and inserting Except as provided in subsection
(f); and in subparagraph (B), by striking subsections (b), (c), and
(d)and inserting subsection
(b); in subsection (g)— in paragraph (1)— by striking subsection (f)(6)(A) and inserting subsection (e)(6)(A) ; and by striking subsection
(b)or
(c)and inserting subsection
(b); and in paragraph (2)(A), by striking subsections
(b)and
(c)and inserting subsection
(b); and by redesignating subsections
(e)through
(h)as subsections
(d)through (g), respectively. Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— in subsection (a), by striking subsections
(b)and
(c)of section 1001 and inserting section 1001(b) ; and in subsection (b)(1), by striking subsection
(b)or
(c)of section 1001 and inserting section 1001(b) . Section 1001B(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–2(a) ) is amended in the matter preceding paragraph
(1)by striking subsections
(b)and
(c)of section 1001 and inserting section 1001(b) . The amendments made by this section shall apply beginning with the 2014 crop year.
Connectionstraces to 4
2 references not yet in our index
  • 7 USC 1308–1
  • 7 USC 1308–2(a)
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cites case law
Sec. 2
Payment limitations
Cite7 USC 1308–1
Cite7 USC 1308–2(a)
Cites 6Cited by 0 across 0 sources
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