To clarify the Food Security Act of 1985.
PL 101-217 (H.R.3620), enacted 12/11/1989

PUBLIC LAW 101-217—DEC. 11, 1989 
103 STAT. 1857 
Public Law 101-217 
101st Congress 
An Act 
Dec. 11, 1989 
To clarify the Food Security Act of 1985. 
[HR 36201 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Agriculture and 
agricultural 
SECTION 1. AMENDMENT AFFECTING THE 1989 CROPS. 
commodities. 
Effective only for the 1989 crops, section 1001(5)(D) of the Food 
Security Act of 1985 (7 U.S.C. 1308(5)(D)) is amended to read as 
follows: 
"(D)(i) Except £is provided in clause (ii), any person that 
conducts a farming operation to produce a crop subject to 
limitations under this section as a tenant that rents the land for 
cash (or a crop share guaranteed as to the amount of the 
commodity to be paid in rent) and that makes a significant 
contribution of active personal management but not of personal 
labor shall be considered the same person as the landlord unless 
the tenant makes a significant contribution of equipment used 
in the farming operation. 
(ii) A tenant that because of any act or failure to act would 
otherwise be considered the same person as the landlord under 
clause (i) shall not be considered the same person as the land-
lord if the Secretary has at any time made a determination, for 
purposes of this section, regarding the number of persons with 
respect to the tenant's operation on such land for the 1989 crop 
year and the landlord did not consent to or knowingly partici-
pate in such act or failure to act. 
(iii) Any tenant that would be considered to be the same 
person as the landlord but for the operation of clause (ii) shall 
be eligible to receive any payment specified in paragraph (1) or 
(2) or subtitle D of title XII with respect to such land only to the 
extent that the tenant would be eligible for such payments if 
the tenant were to be considered the same person as the land-
lord under the regulations in place immediately prior to the 
enactment of this subparagraph.". 
SEC. 2. AMENDMENT AFFECTING THE 1990 CROPS. 
Effective only for the 1990 crops, section 1001(5)(D) of the Food 
Security Act of 1985 (7 U.S.C. 1308(5)(D)) is amended to read as 
follows: 
"(D) Any person that conducts a farming operation to produce 
a crop subject to limitations under this section as a tenant that 
rents the land for cash (or a crop share guaranteed as to the 
amount of the commodity to be paid in rent) and that makes a 
significant contribution of active personal management but not 
of personal labor shall be ineligible to receive any payment 
specified in paragraph (1) or (2) or subtitle D of title XII with 
respect to such land unless the tenant makes a significant 
contribution of equipment used in the farming operation.". 
103 STAT. 1858 
PUBLIC LAW 101-217—DEC. 11, 1989 
7 u s e 1308 note. 
SEC. 3. EQUITABLE RELIEF. 
Nothing in this Act shall be construed in any way to limit the 
authority of the Secretary of Agriculture to provide equitable relief 
under any provision of law. 
Approved December 11, 1989. 
LEGISLATIVE HISTORY—H.R. 3620: 
HOUSE REPORTS: No. 101-358 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 14, considered and passed House. 
Nov. 20, considered and passed Senate, amended. 
Nov. 21, House concurred in Senate amendments.