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‘‘(C) 
SUBMISSION.—Reports 
under 
this
paragraph shall be submitted by electronic
means at such time as designated by the Sec-
retary.
‘‘(D) AVAILABILITY.—The Secretary shall
compile the information reported under this
paragraph and make the compiled information
available to the public on the same day as the
information is reported.
‘‘(2) STORAGE REPORTING.—
‘‘(A) IN GENERAL.—The Secretary shall re-
quire each dairy manufacturer or other person
storing dairy products to report, at periodic in-
tervals determined by the Secretary, information
regarding the quantities of dairy products in
storage.
‘‘(B) AVAILABILITY.—The Secretary shall
make information described under subparagraph
(A) available to the public in a timely manner.
‘‘(3) CONDITIONS.—The conditions referred to in
paragraph (1) are that the information required
under that paragraph is required only—
‘‘(A) with respect to those package sizes ac-
tually used to establish minimum prices for
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Class III or Class IV milk under a Federal milk
marketing order; and
‘‘(B) to the extent that the information is
actually used to establish minimum prices for
Class III or Class IV milk under a Federal milk
marketing order.
‘‘(4) EXEMPTION FOR SMALL PROCESSORS.—The
daily reporting requirements of this subsection shall
not apply to a processor that processes not more than
1,000,000 pounds of dairy products a year.
‘‘(5) PERIODIC REVIEW.—The Secretary shall—
‘‘(A) periodically review the information re-
ported for products under this subsection; and
‘‘(B) propose changes for the information
required to be reported under this subsection,
through the public hearing process established
under the applicable Federal milk marketing
order.
‘‘(6) ELECTRONIC
REPORTING.—To the max-
imum extent practicable, the Secretary shall carry out
the program established under this subsection using
electronic reporting technology.’’.
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SEC. 1610. ADDITIONAL MANDATORY DAIRY REPORTING.
Subsection (b)(3) of section 273 of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1637b) (as redesignated
by section 1609(2)) is amended—
(1) by striking ‘‘shall take such actions’’ and in-
serting ‘‘shall—
‘‘(A) take such actions’’;
(2) in subparagraph (A) (as designated by para-
graph (1)), by striking the period at the end and in-
serting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(B) include regular audits and compari-
sons with other related dairy market statistics on
at least a quarterly basis.’’.
Subtitle E—Administration
SEC. 1701. ADMINISTRATION GENERALLY.
(a) USE OF COMMODITY CREDIT CORPORATION.—Ex-
cept as otherwise provided in subtitles A through D and
this subtitle, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry
out subtitles A through D and this subtitle.
(b) DETERMINATIONS BY SECRETARY.—A determina-
tion made by the Secretary under this title shall be final
and conclusive.
(c) REGULATIONS.—
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(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, the Secretary
and the Commodity Credit Corporation, as appro-
priate, shall promulgate such regulations as are nec-
essary to implement this title and the amendments
made by this title.
(2) PROCEDURE.—The promulgation of the regu-
lations and administration of this title and the
amendments made by this title shall be made without
regard to—
(A) chapter 35 of title 44, United States
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’);
(B) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed.
Reg. 13804), relating to notices of proposed rule-
making and public participation in rulemaking;
and
(C) the notice and comment provisions of
section 553 of title 5, United States Code.
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
retary shall use the authority provided under section
808 of title 5, United States Code.
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(d) ADJUSTMENT AUTHORITY RELATED TO TRADE
AGREEMENTS COMPLIANCE.—
(1) REQUIRED DETERMINATION; ADJUSTMENT.—
If the Secretary determines that expenditures under
subtitles A through D and this subtitle that are sub-
ject to the total allowable domestic support levels
under the Uruguay Round Agreements (as defined in
section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501)) will exceed such allowable levels for
any applicable reporting period, the Secretary shall,
to the maximum extent practicable, make adjustments
in the amount of such expenditures during that pe-
riod to ensure that such expenditures do not exceed
such allowable levels.
(2) 
CONGRESSIONAL
NOTIFICATION.—Before
making any adjustment under paragraph (1), the
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives or the Com-
mittee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the determination made
under that paragraph and the extent of the adjust-
ment to be made.
(e) TREATMENT OF ADVANCE PAYMENT OPTION.—Sec-
tion 1601(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7991(d)) is amended—
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(1) in paragraph (1), by striking ‘‘and’’ at the
end;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the advance payment of direct payments
and counter-cyclical payments under title I of the
Food and Energy Security Act of 2007.’’.
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT
AUTHORITY.
(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.—The
following provisions of the Agricultural Adjustment Act of
1938 shall not be applicable to the 2008 through 2012 crops
of covered commodities and sugar and shall not be applica-
ble to milk during the period beginning on the date of enact-
ment of this Act through December 31, 2012:
(1) Parts II through V of subtitle B of title III
(7 U.S.C. 1326 et seq.).
(2) In the case of upland cotton, section 377 (7
U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et
seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) AGRICULTURAL ACT OF 1949.—The following pro-
visions of the Agricultural Act of 1949 shall not be applica-
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ble to the 2008 through 2012 crops of covered commodities
and sugar and shall not be applicable to milk during the
period beginning on the date of enactment of this Act and
through December 31, 2012:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than
sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and
1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.—
The joint resolution entitled ‘‘A joint resolution relating to
corn and wheat marketing quotas under the Agricultural
Adjustment Act of 1938, as amended’’, approved May 26,
1941 (7 U.S.C. 1330 and 1340), shall not be applicable to
the crops of wheat planted for harvest in the calendar years
2008 through 2012.
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SEC. 1703. PAYMENT LIMITATIONS.
(a) EXTENSION OF LIMITATIONS.—Sections 1001 and
1001C(a) of the Food Security Act of 1985 (7 U.S.C. 1308,
1308–3(a)) are amended by striking ‘‘Farm Security and
Rural Investment Act of 2002’’ each place it appears and
inserting ‘‘Food and Energy Security Act of 2007’’.
(b) REVISION OF LIMITATIONS.—
(1) DEFINITIONS.—Section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended—
(A) in the matter preceding paragraph (1),
by inserting ‘‘and section 1001A’’ after ‘‘sec-
tion’’;
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (5); and
(C) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) FAMILY MEMBER.—The term ‘family mem-
ber’ means an individual to whom a member in the
farming operation is related as lineal ancestor, lineal
descendant, sibling, or spouse.
‘‘(3) LEGAL
ENTITY.—The term ‘legal entity’
means an entity that is created under Federal or
State law and that—
‘‘(A) owns land or an agricultural com-
modity; or
‘‘(B) produces an agricultural commodity.
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‘‘(4) PERSON.—The term ‘person’ means a nat-
ural person, and does not include a legal entity.’’.
(2) LIMITATION
ON
DIRECT
PAYMENTS
AND
COUNTER-CYCLICAL PAYMENTS.—Section 1001 of the
Food Security Act of 1985 (7 U.S.C. 1308) is amend-
ed by striking subsections (b), (c) and (d) and insert-
ing the following:
‘‘(b) LIMITATION ON DIRECT AND COUNTER-CYCLICAL
PAYMENTS
FOR COVERED COMMODITIES (OTHER THAN
PEANUTS).—
‘‘(1) DIRECT PAYMENTS.—The total amount of
direct payments received, directly or indirectly, by a
person or legal entity (except a joint venture or a gen-
eral partnership) for any crop year under part I of
subtitle A of title I of the Food and Energy Security
Act of 2007 for 1 or more covered commodities (except
for peanuts), or average crop revenue payments deter-
mined under section 1401(b)(2) of that Act, may not
exceed $40,000.
‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total
amount of counter-cyclical payments received, directly
or indirectly, by a person or legal entity (except a
joint venture or a general partnership) for any crop
year under part I of subtitle A of title I of the Food
and Energy Security Act of 2007 for one or more cov-
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ered commodities (except for peanuts), or average
crop revenue payments determined under section
1401(b)(3) of that Act, may not exceed $60,000.
‘‘(c) 
LIMITATION
ON
DIRECT
PAYMENTS
AND
COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.—
‘‘(1) DIRECT PAYMENTS.—The total amount of
direct payments received, directly or indirectly, by a
person or legal entity (except a joint venture or a gen-
eral partnership) for any crop year under part III of
subtitle A of title I of the Food and Energy Security
Act of 2007 for peanuts, or average crop revenue pay-
ments determined under section 1401(b)(2) of that
Act, may not exceed $40,000.
‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total
amount of counter-cyclical payments received, directly
or indirectly, by a person or legal entity (except a
joint venture or a general partnership) for any crop
year under part III of subtitle A of title I of the Food
and Energy Security Act of 2007 for peanuts, or av-
erage crop revenue payments determined under sec-
tion 1401(b)(3) of that Act, may not exceed $60,000.’’.
‘‘(d) LIMITATION ON APPLICABILITY.—Nothing in this
section authorizes any limitation on any benefit associated
with the marketing assistance loan program or the loan de-
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ficiency payment program under title I of the Food and
Energy Security Act of 2007.’’.
(3) DIRECT ATTRIBUTION.—Section 1001 of the
Food Security Act of 1985 (7 U.S.C. 1308) is amend-
ed by striking subsection (e) and redesignating sub-
sections (f) and (g) as (g) and (h), respectively, and
inserting the following:
‘‘(e) ATTRIBUTION OF PAYMENTS.—
‘‘(1) IN GENERAL.—In implementing subsections
(b) and (c) and a program described in section
1001D(b)(2)(C), the Secretary shall issue such regula-
tions as are necessary to ensure that the total amount
of payments are attributed to a person by taking into
account the direct and indirect ownership interests of
the person in a legal entity that is eligible to receive
the payments.
‘‘(2) PAYMENTS TO A PERSON.—Each payment
made directly to a person shall be combined with the
pro rata interest of the person in payments received
by a legal entity in which the person has a direct or
indirect ownership interest unless the payments of the
legal entity have been reduced by the pro rata share
of the person.
‘‘(3) PAYMENTS TO A LEGAL ENTITY.—
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‘‘(A) IN GENERAL.—Each payment made to
a legal entity shall be attributed to those persons
who have a direct or indirect ownership interest
in the legal entity unless the payment to the
legal entity has been reduced by the pro rata
share of the person.
‘‘(B) ATTRIBUTION OF PAYMENTS.—
‘‘(i) PAYMENT LIMITS.—Except as pro-
vided in clause (ii), payments made to a
legal entity shall not exceed the amounts
specified in subsections (b) and (c).
‘‘(ii) EXCEPTION FOR JOINT VENTURES
AND
GENERAL
PARTNERSHIPS.—Payments
made to a joint venture or a general part-
nership shall not exceed, for each payment
specified in subsections (b) and (c), the
amount determined by multiplying the
maximum payment amount specified in
subsections (b) and (c) by the number of
persons and legal entities (other than joint
ventures and general partnerships) that
comprise the ownership of the joint venture
or general partnership.
‘‘(iii) REDUCTION.—Payments made to
a legal entity shall be reduced proportion-
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ately by an amount that represents the di-
rect or indirect ownership in the legal enti-
ty by any individual or legal entity that
has otherwise exceeded the applicable max-
imum payment limitation.
‘‘(4) 4 LEVELS OF ATTRIBUTION FOR EMBEDDED
LEGAL ENTITIES.—
‘‘(A) IN
GENERAL.—Attribution of pay-
ments made to legal entities shall be traced
through 4 levels of ownership in legal entities.
‘‘(B) FIRST LEVEL.—Any payments made
to a legal entity (a first-tier legal entity) that is
owned in whole or in part by a person shall be
attributed to the person in an amount that rep-
resents the direct ownership in the first-tier legal
entity by the person.
‘‘(C) SECOND LEVEL.—
‘‘(i) IN
GENERAL.—Any payments
made to a first-tier legal entity that is
owned (in whole or in part) by another
legal entity (a second-tier legal entity) shall
be attributed to the second-tier legal entity
in proportion to the ownership of the sec-
ond-tier legal entity in the first-tier legal
entity.
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‘‘(ii) OWNERSHIP
BY
A
PERSON.—If
the second-tier legal entity is owned (in
whole or in part) by a person, the amount
of the payment made to the first-tier legal
entity shall be attributed to the person in
the amount that represents the indirect
ownership in the first-tier legal entity by
the person.
‘‘(D) THIRD AND FOURTH LEVELS.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), the Secretary shall attribute
payments at the third and fourth tiers of
ownership in the same manner as specified
in subparagraph (C).
‘‘(ii) FOURTH-TIER
OWNERSHIP.—If
the fourth-tier of ownership is that of a
fourth-tier legal entity and not that of a
person, the Secretary shall reduce the
amount of the payment to be made to the
first-tier legal entity in the amount that
represents the indirect ownership in the
first-tier legal entity by the fourth-tier legal
entity.
‘‘(f) SPECIAL RULES.—
‘‘(1) MINOR CHILDREN.—
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‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), payments received by a child
under the age of 18 shall be attributed to the
parents of the child.
‘‘(B) REGULATIONS.—The Secretary shall
issue regulations specifying the conditions under
which payments received by a child under the
age of 18 will not be attributed to the parents of
the child.
‘‘(2) MARKETING
COOPERATIVES.—Subsections
(b) and (c) shall not apply to a cooperative associa-
tion of producers with respect to commodities pro-
duced by the members of the association that are mar-
keted by the association on behalf of the members of
the association but shall apply to the producers as
persons.
‘‘(3) TRUSTS AND ESTATES.—
‘‘(A) IN GENERAL.—With respect to irrev-
ocable trusts and estates, the Secretary shall ad-
minister this section through section 1001F in
such manner as the Secretary determines will
ensure the fair and equitable treatment of the
beneficiaries of the trusts and estates.
‘‘(B) IRREVOCABLE TRUST.—
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‘‘(i) IN GENERAL.—In order for a trust
to be considered an irrevocable trust, the
terms of the trust agreement shall not—
‘‘(I) allow for modification or ter-
mination of the trust by the grantor;
‘‘(II) allow for the grantor to have
any future, contingent, or remainder
interest in the corpus of the trust; or
‘‘(III) except as provided in clause
(ii), provide for the transfer of the cor-
pus of the trust to the remainder bene-
ficiary in less than 20 years beginning
on the date the trust is established.
‘‘(ii) 
EXCEPTION.—Clause 
(i)(III)
shall not apply in a case in which the
transfer is—
‘‘(I) contingent on the remainder
beneficiary achieving at least the age of
majority; or
‘‘(II) is contingent on the death of
the grantor or income beneficiary.
‘‘(C) REVOCABLE TRUST.—For the purposes
of this section through section 1001F, a revocable
trust shall be considered to be the same person as
the grantor of the trust.