184 
(3) NATIONAL AVERAGE DAIRY FEED RATION 
COST.—For each month, the Secretary shall cal-
culate a National Average Dairy Feed Ration Cost 
per hundredweight using the same procedures (ad-
justed to a hundredweight basis) used to calculate 
the feed components of the estimated price of 16% 
Mixed Dairy Feed per pound noted on page 33 of 
the USDA March 2008 Agricultural Prices publica-
tion (including the data and factors noted in foot-
note 4). 
(e) PAYMENT QUANTITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the payment quantity for a producer during the ap-
plicable month under this section shall be equal to 
the quantity of eligible production marketed by the 
producer during the month. 
(2) LIMITATION.— 
(A) IN GENERAL.—The payment quantity 
for all producers on a single dairy operation for 
which the producers receive payments under 
subsection (b) shall not exceed— 
(i) for the period beginning October 1, 
2007, and ending September 30, 2008, 
2,400,000 pounds; 
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(ii) for the period beginning October 
1, 2008, and ending August 31, 2012, 
2,985,000 pounds for each fiscal year; and 
(iii) effective beginning September 1, 
2012, 2,400,000 pounds per fiscal year. 
(B) STANDARDS.—For purposes of deter-
mining whether producers are producers on sep-
arate dairy operations or a single dairy oper-
ation, the Secretary shall apply the same stand-
ards as were applied in implementing the dairy 
program under section 805 of the Agriculture, 
Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations 
Act, 2001 (as enacted into law by Public Law 
106–387; 114 Stat. 1549A–50). 
(3) RECONSTITUTION.—The Secretary shall en-
sure that a producer does not reconstitute a dairy 
operation for the sole purpose of receiving additional 
payments under this section. 
(f) PAYMENTS.—A payment under a contract under 
this section shall be made on a monthly basis not later 
than 60 days after the last day of the month for which 
the payment is made. 
(g) SIGNUP.—The Secretary shall offer to enter into 
contracts under this section during the period beginning 
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on the date that is 90 days after the date of enactment 
of this Act and ending on September 30, 2012. 
(h) DURATION OF CONTRACT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), any contract entered into by producers on 
a dairy farm under this section shall cover eligible 
production marketed by the producers on the dairy 
farm during the period starting with the first day of 
month the producers on the dairy farm enter into 
the contract and ending on September 30, 2012. 
(2) VIOLATIONS.—If a producer violates the 
contract, the Secretary may— 
(A) terminate the contract and allow the 
producer to retain any payments received under 
the contract; or 
(B) allow the contract to remain in effect 
and require the producer to repay a portion of 
the payments received under the contract based 
on the severity of the violation. 
SEC. 1507. DAIRY PROMOTION AND RESEARCH PROGRAM. 
(a) EXTENSION
OF DAIRY PROMOTION
AND RE-
SEARCH AUTHORITY.—Section 113(e)(2) of the Dairy 
Production 
Stabilization 
Act 
of 
1983 
(7 
U.S.C. 
4504(e)(2)) is amended by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
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(b) DEFINITION
OF UNITED STATES
FOR PRO-
MOTION PROGRAM.—Section 111 of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4502) is amended— 
(1) by striking subsection (l) and inserting the 
following: 
‘‘(l) the term ‘United States’, when used in a geo-
graphical sense, means all of the States, the District of 
Columbia, and the Commonwealth of Puerto Rico;’’; and 
(2) in subsection (m), by striking ‘‘(as defined 
in subsection (l))’’. 
(c) DEFINITION OF UNITED STATES FOR RESEARCH 
PROGRAM.—Section 130 of the Dairy Production Sta-
bilization Act of 1983 (7 U.S.C. 4531)) is amended by 
striking paragraph (12) and inserting the following: 
‘‘(12) the term ‘United States’, when used in a 
geographical sense, means all of the States, the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico.’’. 
(d) ASSESSMENT RATE FOR IMPORTED DAIRY PROD-
UCTS.—Section 113(g) of the Dairy Production Stabiliza-
tion Act of 1983 (7 U.S.C. 4504(g)) is amended by strik-
ing paragraph (3) and inserting the following: 
‘‘(3) RATE.— 
‘‘(A) IN
GENERAL.—The rate of assess-
ment for milk produced in the United States 
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prescribed by the order shall be 15 cents per 
hundredweight of milk for commercial use or 
the equivalent thereof, as determined by the 
Secretary. 
‘‘(B) IMPORTED
DAIRY
PRODUCTS.—The 
rate of assessment for imported dairy products 
prescribed by the order shall be 7.5 cents per 
hundredweight of milk for commercial use or 
the equivalent thereof, as determined by the 
Secretary.’’. 
(e) TIME AND METHOD OF IMPORTER PAYMENTS.— 
Section 113(g)(6) of the Dairy Production Stabilization 
Act of 1983 (7 U.S.C. 4504(g)(6)) is amended— 
(1) by striking subparagraph (B); and 
(2) by redesignating subparagraph (C) as sub-
paragraph (B). 
(f) REFUND
OF ASSESSMENTS
ON CERTAIN IM-
PORTED DAIRY PRODUCTS.—Section 113(g) of the Dairy 
Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) 
is amended by adding at the end the following: 
‘‘(7) REFUND OF ASSESSMENTS ON CERTAIN 
IMPORTED PRODUCTS.— 
‘‘(A) IN GENERAL.—An importer shall be 
entitled to a refund of any assessment paid 
under this subsection on imported dairy prod-
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ucts imported under a contract entered into 
prior to the date of enactment of the Food, 
Conservation, and Energy Act of 2008. 
‘‘(B) EXPIRATION.—Refunds under sub-
paragraph (A) shall expire 1 year after the date 
of enactment of the Food, Conservation, and 
Energy Act of 2008.’’. 
SEC. 1508. REPORT ON DEPARTMENT OF AGRICULTURE RE-
PORTING PROCEDURES FOR NONFAT DRY 
MILK. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report regarding Department of Agriculture re-
porting procedures for nonfat dry milk and the impact of 
the procedures on Federal milk marketing order minimum 
prices during the period beginning on July 1, 2006, and 
ending on the date of enactment of this Act. 
SEC. 1509. FEDERAL MILK MARKETING ORDER REVIEW 
COMMISSION. 
(a) ESTABLISHMENT.—Subject to the availability of 
appropriations to carry out this section, the Secretary 
shall establish a commission to be known as the ‘‘Federal 
Milk Marketing Order Review Commission’’ (referred to 
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(7) evaluating the nutritional composition of 
milk, including the potential benefits and costs of 
adjusting the milk content standards. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.—The commission shall con-
sist of 14 members. 
(2) MEMBERS.—As soon as practicable after 
the date on which funds are first made available to 
carry out this section, the Secretary shall appoint 
members to the commission according to the fol-
lowing requirements: 
(A) At least 1 member shall represent a 
national consumer organization. 
(B) At least 4 members shall represent 
land-grant universities or NLGCA Institutions 
(as defined in section 1404 of the National Ag-
ricultural Research, Extension, and Teaching 
Policy Act of 1977 (7 U.S.C. 3103)) with ac-
credited dairy economic programs, with at least 
2 of those members being experts in the field 
of economics. 
(C) At least 1 member shall represent the 
food and beverage retail sector. 
(D) 4 dairy producers and 4 dairy proc-
essors, appointed so as to balance geographical 
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distribution of milk production and dairy proc-
essing, reflect all segments of dairy processing, 
and represent all regions of the United States 
equitably, including States that operate outside 
of a Federal milk marketing order. 
(3) CHAIR.—The commission shall elect 1 of 
the appointed members of the commission to serve 
as chairperson for the duration of the proceedings of 
the commission. 
(4) VACANCY.—Any vacancy occurring before 
the termination of the commission shall be filled in 
the same manner as the original appointment. 
(5) COMPENSATION.—Members of the commis-
sion shall serve without compensation, but shall be 
reimbursed by the Secretary from existing budget 
authority for necessary and reasonable expenses in-
curred in the performance of the duties of the com-
mission. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the first meeting of the commission, the 
commission shall submit to Congress and the Sec-
retary a report describing the results of the review 
and evaluation conducted under this section, includ-
ing such recommendations regarding the legislative 
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and regulatory options considered under subsection 
(b) as the commission considers to be appropriate. 
(2) OPINIONS.—The report findings shall re-
flect, to the maximum extent practicable, a con-
sensus opinion of the commission members, but the 
report may include majority and minority findings 
regarding those matters for which consensus was not 
reached. 
(e) ADVISORY NATURE.—The commission is wholly 
advisory in nature, and the recommendations of the com-
mission are nonbinding. 
(f) NO EFFECT ON EXISTING PROGRAMS.—The Sec-
retary shall not allow the existence of the commission to 
impede, delay, or otherwise affect any decisionmaking 
process of the Department of Agriculture, including any 
rulemaking procedures planned, proposed, or near comple-
tion. 
(g) ADMINISTRATIVE ASSISTANCE.—The Secretary 
shall provide administrative support to the commission, 
and expend to carry out this section such funds as nec-
essary from budget authority available to the Secretary. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
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(i) TERMINATION.—The commission shall terminate 
effective on the date of the submission of the report under 
subsection (d). 
SEC. 1510. MANDATORY REPORTING OF DAIRY COMMOD-
ITIES. 
(a) ELECTRONIC REPORTING.—Section 273 of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ELECTRONIC REPORTING.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of funds under paragraph (3), the Secretary shall es-
tablish an electronic reporting system to carry out 
this section. 
‘‘(2) FREQUENCY OF REPORTS.—After the es-
tablishment of the electronic reporting system in ac-
cordance with paragraph (1), the Secretary shall in-
crease the frequency of the reports required under 
this section. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection.’’. 
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(b) QUARTERLY AUDITS.—Section 273(c) of the Ag-
ricultural Marketing Act of 1946 (7 U.S.C. 1637b(c)) is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) VERIFICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
take such actions as the Secretary considers 
necessary to verify the accuracy of the informa-
tion submitted or reported under this subtitle. 
‘‘(B) QUARTERLY AUDITS.—The Secretary 
shall quarterly conduct an audit of information 
submitted or reported under this subtitle and 
compare such information with other related 
dairy market statistics.’’. 
Subtitle F—Administration 
SEC. 1601. ADMINISTRATION GENERALLY. 
(a) USE OF COMMODITY CREDIT CORPORATION.— 
Except as otherwise provided in this title, the Secretary 
shall use the funds, facilities, and authorities of the Com-
modity Credit Corporation to carry out this title. 
(b) DETERMINATIONS
BY SECRETARY.—A deter-
mination made by the Secretary under this title shall be 
final and conclusive. 
(c) REGULATIONS.— 
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(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, not later than 90 days after 
the date of enactment of this Act, the Secretary and 
the Commodity Credit Corporation, as appropriate, 
shall promulgate such regulations as are necessary 
to implement this title and the amendments made by 
this title. 
(2) PROCEDURE.—The promulgation of the reg-
ulations and administration of this title and the 
amendments made by this title shall be made with-
out 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 Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804), relating to notices of 
proposed rulemaking 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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(4) INTERIM
REGULATIONS.—Notwithstanding 
paragraphs (1) and (2), the Secretary shall imple-
ment the amendments made by sections 1603 and 
1604 for the 2009 crop, fiscal, or program year, as 
appropriate, through the promulgation of an interim 
rule. 
(d) ADJUSTMENT AUTHORITY RELATED TO TRADE 
AGREEMENTS COMPLIANCE.— 
(1) 
REQUIRED
DETERMINATION; 
ADJUST-
MENT.—If the Secretary determines that expendi-
tures under this title that are subject to the total al-
lowable 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 max-
imum extent practicable, make adjustments in the 
amount of such expenditures during that period to 
ensure that such expenditures do not exceed such al-
lowable 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 
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the Senate a report describing the determination 
made under that paragraph and the extent of the 
adjustment to be made. 
(e) TREATMENT OF ADVANCE PAYMENT OPTION.— 
Section 1601(d) of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7991(d)) is amended— 
(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, Conservation, and Energy Act of 2008.’’. 
SEC. 1602. 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, peanuts, and sugar 
and shall not be applicable to milk during the period be-
ginning on the date of enactment of this Act through De-
cember 31, 2012: 
(1) Parts II through V of subtitle B of title III 
(7 U.S.C. 1326 et seq.). 
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(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 
provisions of the Agricultural Act of 1949 shall not be ap-
plicable to the 2008 through 2012 crops of covered com-
modities, peanuts, and sugar and shall not be applicable 
to milk during the period beginning on the date of enact-
ment 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.). 
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(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 
The joint resolution entitled ‘‘A joint resolution relating 
to corn and wheat marketing quotas under the Agricul-
tural 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. 
SEC. 1603. 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 Secu-
rity and Rural Investment Act of 2002’’ each place it ap-
pears and inserting ‘‘Food, Conservation, and Energy Act 
of 2008’’. 
(b) REVISION OF LIMITATIONS.— 
(1) DEFINITIONS.—Section 1001(a) of the 
Food Security Act of 1985 (7 U.S.C. 1308(a)) is 
amended— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘through section 1001F’’after 
‘‘section’’; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (5); and 
(C) by inserting after paragraph (1) the 
following: 
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‘‘(2) FAMILY
MEMBER.—The term ‘family 
member’ means a person to whom a member in the 
farming operation is related as lineal ancestor, lineal 
descendant, sibling, spouse, or otherwise by mar-
riage. 
‘‘(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. 
‘‘(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 
amended by striking subsections (b), (c), and (d) 
and inserting the following: 
‘‘(b) LIMITATION ON DIRECT PAYMENTS, COUNTER- 
CYCLICAL PAYMENTS, AND ACRE PAYMENTS FOR COV-
ERED 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 
general partnership) for any crop year under subtitle 
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A of title I of the Food, Conservation, and Energy 
Act of 2008 for 1 or more covered commodities (ex-
cept for peanuts) may not exceed— 
‘‘(A) in the case of a person or legal entity 
that does not participate in the average crop 
revenue election program under section 1105 of 
that Act, $40,000; or 
‘‘(B) in the case of a person or legal entity 
that participates in the average crop revenue 
election program under section 1105 of that 
Act, an amount equal to— 
‘‘(i) the payment limit specified in 
subparagraph (A); less 
‘‘(ii) the amount of the reduction in 
direct payments under section 1105(a)(1) 
of that Act. 
‘‘(2) COUNTER-CYCLICAL
PAYMENTS.—In the 
case of a person or legal entity (except a joint ven-
ture or a general partnership) that does not partici-
pate in the average crop revenue election program 
under section 1105 of the Food, Conservation, and 
Energy Act of 2008, the total amount of counter-cy-
clical payments received, directly or indirectly, by 
the person or legal entity for any crop year under 
subtitle A of title I of that Act for 1 or more covered 
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‘‘(3) ACRE 
AND
COUNTER-CYCLICAL
PAY-
MENTS.—In the case of a person or legal entity (ex-
cept a joint venture or a general partnership) that 
participates in the average crop revenue election pro-
gram under section 1105 of the Food, Conservation, 
and Energy Act of 2008, the total amount of aver-
age crop revenue election payments received, directly 
or indirectly, by the person or legal entity for any 
crop year for peanuts may not exceed the sum of— 
‘‘(A) $65,000; and 
‘‘(B) the amount by which the direct pay-
ment limitation is reduced under paragraph 
(1)(B). 
‘‘(d) LIMITATION ON APPLICABILITY.—Nothing in 
this section authorizes any limitation on any benefit asso-
ciated with the marketing assistance loan program or the 
loan deficiency payment program under title I of the Food, 
Conservation, and Energy Act of 2008.’’. 
(3) DIRECT
ATTRIBUTION.—Section 1001 of 
the Food Security Act of 1985 (7 U.S.C. 1308) is 
amended— 
(A) by striking subsections (e) and (f) and 
redesignating subsection (g) as subsection (h); 
and 
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(B) by inserting after subsection (d) the 
following: 
‘‘(e) ATTRIBUTION OF PAYMENTS.— 
‘‘(1) IN
GENERAL.—In implementing sub-
sections (b) and (c) and a program described in 
paragraphs (1)(C) and (2)(B) of section 1001D(b), 
the Secretary shall issue such regulations as are nec-
essary 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 pay-
ments. 
‘‘(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.— 
‘‘(A) IN GENERAL.—Each payment made 
to a legal entity shall be attributed to those per-
sons who have a direct or indirect ownership in-
terest in the legal entity unless the payment to 
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the legal entity has been reduced by the pro 
rata share of the person. 
‘‘(B) ATTRIBUTION OF PAYMENTS.— 
‘‘(i) PAYMENT
LIMITS.—Except as 
provided in clause (ii), payments made to 
a legal entity shall not exceed the amounts 
specified in subsections (b) and (c). 
‘‘(ii) EXCEPTION
FOR
JOINT
VEN-
TURES
AND
GENERAL
PARTNERSHIPS.— 
Payments made to a joint venture or a 
general partnership shall not exceed, for 
each payment specified in subsections (b) 
and (c), the amount determined by multi-
plying the maximum payment amount 
specified in subsections (b) and (c) by the 
number of persons and legal entities (other 
than joint ventures and general partner-
ships) that comprise the ownership of the 
joint venture or general partnership. 
‘‘(iii) REDUCTION.—Payments made 
to a legal entity shall be reduced propor-
tionately by an amount that represents the 
direct or indirect ownership in the legal en-
tity by any person or legal entity that has 
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otherwise exceeded the applicable max-
imum payment limitation. 
‘‘(4) 4 LEVELS OF ATTRIBUTION FOR EMBED-
DED 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 
represents 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 
second-tier legal entity in the first-tier 
legal entity. 
‘‘(ii) OWNERSHIP BY A PERSON.—If 
the second-tier legal entity is owned (in 
whole or in part) by a person, the amount 
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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 pro-
vided in clause (ii), the Secretary shall at-
tribute 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.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), payments received by a child 
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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 par-
ents 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 
marketed by the association on behalf of the mem-
bers of the association but shall apply to the pro-
ducers as persons. 
‘‘(3) TRUSTS AND ESTATES.— 
‘‘(A) IN GENERAL.—With respect to irrev-
ocable trusts and estates, the Secretary shall 
administer 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.— 
‘‘(i) IN
GENERAL.—In order for a 
trust to be considered an irrevocable trust, 
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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 re-
mainder interest in the corpus of the 
trust; or 
‘‘(III) except as provided in 
clause (ii), provide for the transfer of 
the corpus of the trust to the remain-
der beneficiary in less than 20 years 
beginning on the date the trust is es-
tablished. 
‘‘(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) contingent on the death of 
the grantor or income beneficiary. 
‘‘(C) REVOCABLE
TRUST.—For the pur-
poses of this section through section 1001F, a 
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