104 STAT. 3498 PUBLIC LAW 101-624—NOV. 28, 1990 (A) by striking clause (iii) and inserting the following new clause: "(iii) any gain realized by a producer from repaying a loan for a crop of any commodity (other than honey) at a lower level than the original loan level established under the Agricultural Act of 1949;"; (B) in clause (iv)— (i) by striking "section 107D(c)(l) or 105ac)(l)" and inserting "107B(c)(l) or 105B(c)(l); and (ii) by striking "section 107D(a)(4) or 105C(a)(3)" and inserting "section 107B(a)(3) or 105B(a)(3)"; (C) by striking clause (v) and inserting the following new clause: "(v) any loan deficiency payment received for a crop of wheat, feed grains, upland cotton, rice, or oilseeds under section 107B(b), 105B(b), 103B(b), 101B(b), or 205(e), respectively, of the Agricultural Act of 1949; and"; and (D) in clause (vi), by striking "section 107D(g), 105C(g), 103A(g), or 101A(g)" and inserting "section 107B(f), 105B(f), 103B(a or lOlB(f)". 0?) FOREIGN PERSONS.— Section lOOlC(a) of such Act (7 U.S.C. 1308-3(a)) is amended— (1) by striking "1989 and 1990 crops" and inserting "1991 through 1995 crops"; and (2) by inserting after "(16 U.S.C. 3831 et seq.)" the following: ", or under any contract entered into under title XII during the 1989 through 1995 crop years,". (c) SPOUSES.—Clause (iii) of section 1001(5)(B) of such Act (7 U.S.C. 1308(5)(B)(iii)) is amended to read as follows: Regulations. "(iii) The regulations shall provide that, with respect to any married couple, the husband and wife shall be considered to be one person, except that, for the purpose of the application of the limitations established under this section— "(I) in the case of any married couple consisting of spouses who, prior to their marriage, were separately engaged in unrelated farming operations, each spouse shall be treated as a separate person with respect to the farming operation brought into the marriage by the spouse so long as the operation remains as a separate farming operation; and "(II) at the option of the Secretary, in the case of any married couple consisting of spouses who do not hold, directly or indirectly, a substantial beneficial interest in more than one entity (including the spouses themselves) engaged in farm operations that also receives farm program payments (as described in paragraphs (1) and (2)) as separate persons, the spouses may be considered as separate persons if each spouse meets the other requirements established under this section and section lOOlA to be considered to be a separate person.". (d) GROWERS OF HYBRID SEED.—Section 1001A(b) of such Act (7 U.S.C. 1308-l(b)) is amended by adding at the end the following new paragraph: "(6) GROWERS OF HYBRID SEED.— To determine whether a person growing hybrid seed under contract shall be considered to be actively engaged in farming, the Secretary shall not take into consideration the existence of a hybrid seed contract.".
�
