Page:United States Statutes at Large Volume 124.djvu/525

124 STAT. 499 PUBLIC LAW 111–148—MAR. 23, 2010 be 1 hour equally divided between the majority and minority leaders or their designees. ‘‘(5) RULES OF THE SENATE AND HOUSE OF REPRESENTA- TIVES.—This subsection and subsection (f)(2) are enacted by Congress— ‘‘(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respec- tively, but applicable only with respect to the procedure to be followed in that House in the case of bill under this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ‘‘(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ‘‘(e) IMPLEMENTATION OF PROPOSAL.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall, except as provided in paragraph (3), implement the recommendations contained in a proposal sub- mitted by the President to Congress pursuant to this section on August 15 of the year in which the proposal is so submitted. ‘‘(2) APPLICATION.— ‘‘(A) IN GENERAL.—A recommendation described in paragraph (1) shall apply as follows: ‘‘(i) In the case of a recommendation that is a change in the payment rate for an item or service under Medicare in which payment rates change on a fiscal year basis (or a cost reporting period basis that relates to a fiscal year), on a calendar year basis (or a cost reporting period basis that relates to a cal- endar year), or on a rate year basis (or a cost reporting period basis that relates to a rate year), such rec- ommendation shall apply to items and services fur- nished on the first day of the first fiscal year, calendar year, or rate year (as the case may be) that begins after such August 15. ‘‘(ii) In the case of a recommendation relating to payments to plans under parts C and D, such rec- ommendation shall apply to plan years beginning on the first day of the first calendar year that begins after such August 15. ‘‘(iii) In the case of any other recommendation, such recommendation shall be addressed in the regular regulatory process timeframe and shall apply as soon as practicable. ‘‘(B) INTERIM FINAL RULEMAKING.—The Secretary may use interim final rulemaking to implement any rec- ommendation described in paragraph (1). ‘‘(3) EXCEPTION.—The Secretary shall not be required to implement the recommendations contained in a proposal sub- mitted in a proposal year by the President to Congress pursuant to this section if— ‘‘(A) prior to August 15 of the proposal year, Federal legislation is enacted that includes the following provision: ‘This Act supercedes the recommendations of the Board