Page:United States Statutes at Large Volume 122.djvu/1756

 12 2 STA T . 1 73 3 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ventur e sa n dg enera lp artners hi ps ) that com prise the o w nership o f the j oint venture or general partnership .‘ ‘ ( iii) REDUCTION . —P a y ments made to a legal entity shall b e reduced proportionately by an amount that represents the direct or indirect ownership in the legal entity by any person or legal entity that has otherwise e x ceeded the applicable maximum payment limitation. ‘‘( 4 )4 L E V EL S O FA TT R I B UTION FOR E M BEDDED LE G AL ENTI - TIES.— ‘‘( A ) I N GENERAL.—Attribution of payments made to legal entities shall be traced through 4 levels of ownership in legal entities. ‘‘( B ) F IRST 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 ) S ECOND 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 propor- tion to the ownership of the second-tier legal entity in the first-tier legal entity. ‘‘(ii) OW NERS H I P B Y 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 ) T HIRD AND FOURTH LEVELS.— ‘‘(i) IN GENERAL.— E xcept 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 ) M INOR CHILDREN.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), payments received by a child under the age of 1 8 shall be attributed to the parents of the child. ‘‘(B) REGULATIONS.—The Secretary shall issue regula- tions 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 ) MAR K ETING COOPERATIVES.—Subsections (b) and (c) shall not apply to a cooperative association of producers with respect to commodities produced by the members of the associa- tion that are mar k eted by the association on behalf of the members of the association but shall apply to the producers as persons. Ap p licab ili ty.

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