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 12 2 STA T . 1 7 2 9PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 relating t o noti c e s o fp ropose d r u le m a k ing and pu b lic participation in rulemaking and (C) t h e notice and comment pro v isions of section 5 5 3 of title 5 ,U nited S tates Code . (3) C ONGRES S I ON AL RE V IE W O F AGEN CY R U LE M A K ING. —I n carr y ing out this subsection, the Secretary shall use the authority provided under section 80 8 of title 5, United States Code. ( 4 )IN T ERIM REGULATIONS.— N ot w ithstanding paragraphs ( 1 )and( 2 ), the Secretary shall implement the amendments made by sections 1 6 03 and 1604 for the 200 9 crop, fiscal, or program year, as appropriate, through the promulgation of an interim rule. (d) ADJ USTMENT AUT H ORITY R ELATED TO T RADE AGREEMENTS COM P LIANCE.— (1) RE Q UIRED DETERMINATION; ADJUSTMENT.—If the Sec - retary determines that e x penditures under this title that are sub j ect 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 period to ensure that such expenditures do not exceed such allowable levels. (2) CONGRESSIONAL NOTIFICATION.— B efore making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the H ouse of Representa- tives or the Committee on Agriculture, Nutrition, and F orestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made. (e) TREATMENT OF ADVANCE P AYMENT O PTION.—Section 1601(d) of the Farm Security and Rural Investment 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 E nergy Act of 2008.’’. SEC.1602 .S U S P E N S IO NO F PE RMA NEN T PRICE SUPPORT AUT H ORIT Y . (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 commod- ities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through D ecember 31, 2012: (1) Parts II through V of subtitle B of title III (7 U.S.C. 1326 et se q .). (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 applicable to the 2008 Timep e r i od.7USC8 78 2 . R epor ts .

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