--- kind: "section" citation: "7 U.S.C. § 1308–2" title: "7" title_heading: "Agriculture" number: "1308–2" heading: "Denial of program benefits" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/1308-2" units: - "Chapter 35 — Agricultural Adjustment Act of 1938" - "Subchapter II — Loans, Parity Payments, Consumer Safeguards, Marketing Quotas, and Marketing Certificates" - "Part A — Definitions, Loans, Parity Payments, and Consumer Safeguards" --- # §1308–2. Denial of program benefits - (a) **2-year denial of program benefits—** A [person](/usc/7/1301.md?p=a-8) or legal entity shall be ineligible to receive payments specified in subsections (b) and (c) of [section 1308 of this title](/usc/7/1308.md) for the crop year, and the succeeding crop year, in which the [Secretary](/usc/7/1301.md?p=a-7) determines that the [person](/usc/7/1301.md?p=a-8) or legal entity— - (1) failed to comply with [section 1308–1(b) of this title](/usc/7/1308–1.md?p=b) and adopted or participated in adopting a scheme or device to evade the application of section [1308](/usc/7/1308.md), [1308–1](/usc/7/1308–1.md), or [1308–3](/usc/7/1308–3.md) of this title; or - (2) intentionally concealed the interest of the [person](/usc/7/1301.md?p=a-8) or legal entity in any farm or legal entity engaged in farming. - (b) **Extended ineligibility—** If the [Secretary](/usc/7/1301.md?p=a-7) determines that a [person](/usc/7/1301.md?p=a-8) or legal entity, for the benefit of the [person](/usc/7/1301.md?p=a-8) or legal entity or the benefit of any other [person](/usc/7/1301.md?p=a-8) or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of sections [1308](/usc/7/1308.md) through [1308–5](/usc/7/1308–5.md) of this title, or committed other equally serious actions (as identified in regulations issued by the [Secretary](/usc/7/1301.md?p=a-7)), the [Secretary](/usc/7/1301.md?p=a-7) may for a period not to exceed 5 crop years deny the issuance of payments to the [person](/usc/7/1301.md?p=a-8) or legal entity. - (c) **Pro rata denial—** - (1) **In general—** Payments otherwise owed to a [person](/usc/7/1301.md?p=a-8) or legal entity described in subsections [(a)](#a) or [(b)](#b) shall be denied in a pro rata manner based on the ownership interest of the [person](/usc/7/1301.md?p=a-8) or legal entity in a farm. - (2) **Cash rent tenant—** Payments otherwise payable to a [person](/usc/7/1301.md?p=a-8) or legal entity shall be denied in a pro rata manner if the [person](/usc/7/1301.md?p=a-8) or legal entity is a cash rent tenant on a farm owned or under the control of a [person](/usc/7/1301.md?p=a-8) or legal entity with respect to which a determination has been made under subsection [(a)](#a) or [(b)](#b). - (d) **Joint and several liability—** Any legal entity (including qualified pass-through entities) and any member of any legal entity determined to have knowingly participated in a scheme or device to evade, or that has the purpose of evading, sections [1308](/usc/7/1308.md), [1308–1](/usc/7/1308–1.md), or [1308–3](/usc/7/1308–3.md) of this title shall be jointly and severally liable for any amounts that are payable to the [Secretary](/usc/7/1301.md?p=a-7) as the result of the scheme or device (including amounts necessary to recover those amounts). - (e) **Release—** The [Secretary](/usc/7/1301.md?p=a-7) may partially or fully release from liability any [person](/usc/7/1301.md?p=a-8) or legal entity who cooperates with the [Secretary](/usc/7/1301.md?p=a-7) in enforcing sections [1308](/usc/7/1308.md), [1308–1](/usc/7/1308–1.md), and [1308–3](/usc/7/1308–3.md) of this title, and this section. ## Source credit (Pub. L. 99–198, title X, § 1001B, as added Pub. L. 100–203, title I, § 1304(b), Dec. 22, 1987, 101 Stat. 1330–17; amended Pub. L. 107–171, title I, § 1603(c)(2), May 13, 2002, 116 Stat. 215; Pub. L. 110–234, title I, § 1603(e), May 22, 2008, 122 Stat. 1010; Pub. L. 110–246, § 4(a), title I, § 1603(e), June 18, 2008, 122 Stat. 1664, 1738; Pub. L. 119–21, title I, § 10306(d), July 4, 2025, 139 Stat. 91.) ## Notes ### Editorial Notes ### Codification Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. 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. ### Amendments 2025—Subsec. (d). Pub. L. 119–21 substituted “qualified pass-through entities” for “partnerships and joint ventures”. 2008—Pub. L. 110–246, § 1603(e), amended section generally. Prior to amendment, text read as follows: “If the Secretary of Agriculture determines that any person has adopted a scheme or device to evade, or that has the purpose of evading, section 1308, 1308–1, or 1308–3 of this title, such person shall be ineligible to receive farm program payments (as described in subsections (b), (c), and (d) of section 1308 of this title as being subject to limitation) applicable to the crop year for which such scheme or device was adopted and the succeeding crop year.” 2002—Pub. L. 107–171 substituted “as described in subsections (b), (c), and (d) of section 1308 of this title” for “as described in paragraphs (1) and (2) of section 1308 of this title”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. ### Effective Date Pub. L. 100–203, title I, § 1304(b), Dec. 22, 1987, 101 Stat. 1330–17, provided that this section is effective beginning with the 1989 crops. ### Transition Provisions Section, as in effect on Sept. 30, 2007, to continue to apply with respect to the 2007 and 2008 crops of any covered commodity or peanuts, see section 1603(h) of Pub. L. 110–246, set out as a note under section 1308 of this title.