3.0.0
6833
2023-09-05T17:28:33Z
2023-09-05T17:28:33Z
House
HR
2022-02-25
117
[Congressional Record Volume 168, Number 35 (Friday, February 25, 2022)][House][Pages H1147-H1148]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Ms. CRAIG:H.R. 6833.[[Page H1148]]Congress has the power to enact this legislation pursuantto the following:Article 1, Section 8 for the Commerce Clause
- hsif00
Energy and Commerce Committee
House
Standing
  - hsif14
Health Subcommittee
    - Referred to
2022-02-28T19:24:14Z
  - Referred to
2022-02-25T17:31:50Z
- hsed00
Education and the Workforce Committee
House
Standing
  - Referred to
2022-02-25T17:32:05Z
- hswm00
Ways and Means Committee
House
Standing
  - Referred to
2022-02-25T17:32:00Z

- Providing for consideration of the bill (H.R. 3617) to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes; providing for consideration of the bill (H.R. 6833) to amend title XXVII of the Public Health Service Act, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 to establish requirements with respect to cost-sharing for certain insulin products, and for other purposes; and for other purposes.
117
1017
HRES
2022-03-31
Motion to reconsider laid on the table Agreed to without objection.
14:20:24
  - Procedurally-related
House

- Affordable Insulin Now Act
117
3700
S
2022-02-17
Read twice and referred to the Committee on Finance.
  - Related bill
CRS

- Make Medicine Affordable Act
117
7497
HR
2022-04-12
Referred to the Subcommittee on Health.
  - Related bill
CRS

- Inflation Reduction Act of 2022
117
5376
HR
2022-08-16
Became Public Law No: 117-169.
  - Related bill
CRS

- A concurrent resolution providing for a correction in the enrollment of H.R. 6833.
117
45
SCONRES
2022-09-30
Motion to reconsider laid on the table Agreed to without objection.
12:15:04
  - Related bill
House

- Hermit’s Peak Fire Assistance Act
117
7721
HR
2022-11-01
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  - Related bill
CRS

- Extending America’s Spectrum Auction Leadership Act of 2022
117
7783
HR
2022-06-15
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 29 - 0 .
  - Related bill
CRS

- To extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.
117
8684
HR
2022-11-01
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  - Related bill
CRS

- Hermit’s Peak Fire Assistance Act
117
4186
S
2022-05-11
Read twice and referred to the Committee on the Judiciary.
  - Related bill
CRS

- FDASRA Act of 2022
117
4535
S
2022-07-14
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  - Related bill
CRS

- Hermit's Peak/Calf Canyon Fire Forest Restoration Program Relief Act
117
4729
S
2022-09-29
Committee on Energy and Natural Resources. Hearings held.
  - Related bill
CRS

- A bill to extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.
117
4785
S
2022-09-16
Became Public Law No: 117-177.
  - Related bill
CRS

- Keeping Our Commitment to Ending Veteran Homelessness Act of 2022
117
4958
S
2022-09-27
Read twice and referred to the Committee on Veterans' Affairs.
  - Related bill
CRS
- 2022-09-30
Became Public Law No: 117-180.
President
E40000
9
Library of Congress
- 2022-09-30
Became Public Law No: 117-180.
BecameLaw
36000
9
Library of Congress
- 2022-09-30
Signed by President.
President
E30000
9
Library of Congress
- 2022-09-30
Signed by President.
BecameLaw
36000
9
Library of Congress
- 2022-09-30
Presented to President.
Floor
E20000
2
House floor actions
- 2022-09-30
Presented to President.
President
28000
9
Library of Congress
- 2022-09-30
13:05:02
Motion to reconsider laid on the table Agreed to without objection.
ResolvingDifferences
H41931
2
House floor actions
- 2022-09-30
13:05:00
On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 230 - 201 (Roll no. 476).
ResolvingDifferences
H41610
2
House floor actions
476
https://clerk.house.gov/evs/2022/roll476.xml
House
117
2022-09-30T17:05:00Z
2
- 2022-09-30
Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 230 - 201 (Roll no. 476).
NotUsed
19500
9
Library of Congress
476
https://clerk.house.gov/evs/2022/roll476.xml
House
117
2022-09-30T17:05:00Z
2
- 2022-09-30
11:43:26
POSTPONED PROCEEDINGS - At the conclusion of debate on the motion to agree to the Senate amendment to H.R. 6833, the Chair put the question on agreeing to the motion and by voice vote, announced that the ayes had prevailed. Mrs. Granger demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Floor
H8D000
2
House floor actions
- 2022-09-30
11:43:13
The previous question was ordered pursuant to the rule.
ResolvingDifferences
H41400
2
House floor actions
- 2022-09-30
11:17:00
DEBATE - Pursuant to H. Res. 1404, the House proceeded with one hour of debate on the motion to agree to the Senate amendment to H.R. 6833.
Floor
H8D000
2
House floor actions
- 2022-09-30
11:16:43
Ms. DeLauro moved that the House agree to the Senate amendment. (consideration: CR H8330-8350, H8354-8355)
ResolvingDifferences
H40150
2
House floor actions
- 2022-09-29
Senate
Message on Senate action sent to the House.
Floor
- 2022-09-29
Senate
Passed Senate under the order of 9/29/2022, having achieved 60 votes in the affirmative with an amendment by Yea-Nay Vote. 72 - 25. Record Vote Number: 351.
Floor
351
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00351.xml
Senate
117
2022-09-29T18:38:52Z
2
- 2022-09-29
Passed/agreed to in Senate: Passed Senate under the order of 9/29/2022, having achieved 60 votes in the affirmative with an amendment by Yea-Nay Vote. 72 - 25. Record Vote Number: 351.
Floor
17000
9
Library of Congress
351
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00351.xml
Senate
117
2022-09-29T18:38:52Z
2
- 2022-09-29
Senate
Cloture motion on the measure withdrawn by unanimous consent in Senate.
Floor
- 2022-09-29
  - ssap00
Appropriations Committee
Senate
Motion by Senator Schumer to commit to Senate Committee on Appropriations with instructions to report back forthwith with the following amendment (SA 6031) withdrawn in Senate.
Floor
- 2022-09-29
Senate
Considered by Senate.
Floor
- 2022-09-28
Senate
Cloture motion on the measure presented in Senate. (CR S5148)
Floor
- 2022-09-28
  - ssap00
Appropriations Committee
Senate
Motion by Senator Schumer to commit to Senate Committee on Appropriations with instructions to report back forthwith with the following amendment (SA 6031) made in Senate. (CR S5148)
Floor
- 2022-09-28
Senate
Measure laid before Senate by motion.
Floor
- 2022-09-28
Senate
Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
Floor
- 2022-09-28
Senate
Motion to proceed to measure considered in Senate. (CR S5115)
Floor
- 2022-09-27
Senate
Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 72 - 23. Record Vote Number: 349. (CR S5045-5046)
Floor
349
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00349.xml
Senate
117
2022-09-27T22:51:16Z
2
- 2022-09-27
Senate
Motion to proceed to measure considered in Senate.
Floor
- 2022-09-22
Senate
Cloture motion on the motion to proceed to the measure presented in Senate. (CR S4955)
Floor
- 2022-09-22
Senate
Motion to proceed to consideration of measure made in Senate. (CR S4955)
Floor
- 2022-05-25
Senate
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 389.
Calendars
- 2022-05-24
Senate
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Calendars
- 2022-04-04
Senate
Received in the Senate.
IntroReferral
- 2022-03-31
17:51:23
Motion to reconsider laid on the table Agreed to without objection.
Floor
H38310
2
House floor actions
- 2022-03-31
17:51:21
On passage Passed by the Yeas and Nays: 232 - 193 (Roll no. 102). (text: CR H4033-4034)
Floor
H37100
2
House floor actions
102
https://clerk.house.gov/evs/2022/roll102.xml
House
117
2022-03-31T21:51:21Z
2
- 2022-03-31
17:51:21
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 232 - 193 (Roll no. 102).(text: CR H4033-4034)
Floor
8000
9
Library of Congress
102
https://clerk.house.gov/evs/2022/roll102.xml
House
117
2022-03-31T21:51:21Z
2
- 2022-03-31
17:38:37
On motion to recommit Failed by the Yeas and Nays: 197 - 225 (Roll no. 101).
Floor
H36210
2
House floor actions
  - hsif00
Energy and Commerce Committee
101
https://clerk.house.gov/evs/2022/roll101.xml
House
117
2022-03-31T21:38:37Z
2
- 2022-03-31
17:28:29
Considered as unfinished business. (consideration: CR H4053-4055)
Floor
H30000
2
House floor actions
- 2022-03-31
15:44:42
POSTPONED PROCEEDINGS - At the conclusion of the debate on H.R. 6833, the Chair put the question on the motion to recommit and by voice vote announced the noes had prevailed. Mr. Bucshon demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Floor
H8D000
2
House floor actions
- 2022-03-31
15:44:19
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Floor
H8A000
2
House floor actions
- 2022-03-31
15:44:08
Mr. Bucshon moved to recommit to the Committee on Energy and Commerce. (text: CR H4046)
Floor
H36200
2
House floor actions
  - hsif00
Energy and Commerce Committee
- 2022-03-31
15:43:21
The previous question was ordered pursuant to the rule.
Floor
H35000
2
House floor actions
- 2022-03-31
14:23:00
DEBATE - The House proceeded with one hour of debate on H.R. 6833.
Floor
H8D000
2
House floor actions
- 2022-03-31
14:22:24
Rule provides for consideration of H.R. 3617 and H.R. 6833. The resolutions provides for one hour of general debate on H.R. 3617, under a structured rule. The resolution provides for one hour of general debate on H.R. 6833, under a closed rule. The rule provides that House Resolution 188, agreed to March 8, 2021, is amended by striking April 1, 2022 each place it appears and inserting April 29, 2022.
Floor
H8D000
2
House floor actions
- 2022-03-31
14:22:19
Considered under the provisions of rule H. Res. 1017. (consideration: CR H4033-4046)
Floor
H30000
2
House floor actions
- 2022-03-31
14:20:23
Rule H. Res. 1017 passed House.
Floor
H1L220
2
House floor actions
- 2022-03-31
10:09:18
Rules Committee Resolution H. Res. 1017 Reported to House. Rule provides for consideration of H.R. 3617 and H.R. 6833. The resolutions provides for one hour of general debate on H.R. 3617, under a structured rule. The resolution provides for one hour of general debate on H.R. 6833, under a closed rule. The rule provides that House Resolution 188, agreed to March 8, 2021, is amended by striking April 1, 2022 each place it appears and inserting April 29, 2022.
Floor
H1L210
2
House floor actions
- 2022-02-28
  - hsif14
Health Subcommittee
1
House committee actions
Referred to the Subcommittee on Health.
Committee
- 2022-02-25
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
IntroReferral
H11100
2
House floor actions
  - hsed00
Education and the Workforce Committee
- 2022-02-25
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
IntroReferral
H11100
2
House floor actions
  - hswm00
Ways and Means Committee
- 2022-02-25
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
IntroReferral
H11100
2
House floor actions
  - hsif00
Energy and Commerce Committee
- 2022-02-25
Introduced in House
IntroReferral
Intro-H
9
Library of Congress
- 2022-02-25
Introduced in House
IntroReferral
1000
9
Library of Congress
- C001119
Rep. Craig, Angie [D-MN-2]
Angie
Craig
D
MN
2
N
- K000380
Rep. Kildee, Daniel T. [D-MI-5]
Daniel
Kildee
D
MI
T.
5
2022-02-25
True
- M001208
Rep. McBath, Lucy [D-GA-6]
Lucy
McBath
D
GA
6
2022-02-25
True
- M001206
Rep. Morelle, Joseph D. [D-NY-25]
Joseph
Morelle
D
NY
D.
25
2022-03-08
False
- M001135
Rep. Manning, Kathy E. [D-NC-6]
Kathy
Manning
D
NC
E.
6
2022-03-08
False
- H001081
Rep. Hayes, Jahana [D-CT-5]
Jahana
Hayes
D
CT
5
2022-03-28
False
- A000370
Rep. Adams, Alma S. [D-NC-12]
Alma
Adams
D
NC
S.
12
2022-03-28
False
- B001300
Rep. Barragan, Nanette Diaz [D-CA-44]
Nanette
Barragan
D
CA
Diaz
44
2022-03-28
False
- N000147
Del. Norton, Eleanor Holmes [D-DC-At Large]
ELEANOR
NORTON
D
DC
HOLMES
0
2022-03-28
False
- M000087
Rep. Maloney, Carolyn B. [D-NY-12]
CAROLYN
MALONEY
D
NY
B.
12
2022-03-28
False
- P000608
Rep. Peters, Scott H. [D-CA-52]
Scott
Peters
D
CA
H.
52
2022-03-28
False
- T000468
Rep. Titus, Dina [D-NV-1]
Dina
Titus
D
NV
1
2022-03-28
False
- C001091
Rep. Castro, Joaquin [D-TX-20]
Joaquin
Castro
D
TX
20
2022-03-28
False
- W000788
Rep. Williams, Nikema [D-GA-5]
Nikema
Williams
D
GA
5
2022-03-28
False
- K000009
Rep. Kaptur, Marcy [D-OH-9]
MARCY
KAPTUR
D
OH
9
2022-03-28
False
- S001207
Rep. Sherrill, Mikie [D-NJ-11]
Mikie
Sherrill
D
NJ
11
2022-03-28
False
- G000583
Rep. Gottheimer, Josh [D-NJ-5]
Josh
Gottheimer
D
NJ
5
2022-03-28
False
- S001208
Rep. Slotkin, Elissa [D-MI-8]
Elissa
Slotkin
D
MI
8
2022-03-29
False
- C001078
Rep. Connolly, Gerald E. [D-VA-11]
Gerald
Connolly
D
VA
E.
11
2022-03-29
False
- D000624
Rep. Dingell, Debbie [D-MI-12]
Debbie
Dingell
D
MI
12
2022-03-29
False
- H001066
Rep. Horsford, Steven [D-NV-4]
Steven
Horsford
D
NV
4
2022-03-29
False
- F000468
Rep. Fletcher, Lizzie [D-TX-7]
Lizzie
Fletcher
D
TX
7
2022-03-29
False
- M001188
Rep. Meng, Grace [D-NY-6]
Grace
Meng
D
NY
6
2022-03-29
False
- W000822
Rep. Watson Coleman, Bonnie [D-NJ-12]
Bonnie
Watson Coleman
D
NJ
12
2022-03-29
False
- B001312
Rep. Bourdeaux, Carolyn [D-GA-7]
Carolyn
Bourdeaux
D
GA
7
2022-03-29
False
- S001216
Rep. Schrier, Kim [D-WA-8]
Kim
Schrier
D
WA
8
2022-03-29
False
- C001125
Rep. Carter, Troy [D-LA-2]
Troy
Carter
D
LA
2
2022-03-29
False
- L000557
Rep. Larson, John B. [D-CT-1]
JOHN
LARSON
D
CT
B.
1
2022-03-29
False
- E000296
Rep. Evans, Dwight [D-PA-3]
Dwight
Evans
D
PA
3
2022-03-29
False
- S001209
Rep. Spanberger, Abigail Davis [D-VA-7]
Abigail
Spanberger
D
VA
Davis
7
2022-03-30
False
- J000294
Rep. Jeffries, Hakeem S. [D-NY-8]
Hakeem
Jeffries
D
NY
S.
8
2022-03-30
False
- A000378
Rep. Axne, Cynthia [D-IA-3]
Cynthia
Axne
D
IA
3
2022-03-31
False
- 2022-03-30T15:15:00Z

Estimated Budgetary Effects of H.R. 6833, the Affordable Insulin Now Act
https://www.cbo.gov/publication/57957
As posted on the Website of the House Committee on Rules on March 28, 2022
- 2022-09-28T22:15:00Z

Senate Amendment Number 5745 to H.R. 6833, the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
https://www.cbo.gov/publication/58538
[]
- Public Law
117-180
Economics and Public Finance
- Digestive and metabolic diseases
- Drug therapy
- Employee benefits and pensions
- Health care costs and insurance
- Health care coverage and access
- Medicare
- Prescription drugs
Economics and Public Finance
00
2022-02-25
Introduced in House
2022-03-25T16:42:58Z
Affordable Insulin Now Act
This bill limits cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit.
Specifically, the bill caps cost-sharing under private health insurance for a month's supply of selected insulin products at $35 or 25% of a plan's negotiated price (after any price concessions), whichever is less, beginning in 2023.
The bill caps cost-sharing under the Medicare prescription drug benefit for insulin products at (1) $35 in 2023 regardless of whether a beneficiary has reached the annual out-of-pocket spending threshold, and (2) $35 beginning in 2024 for those who have not yet reached this threshold.
Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month's supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.
53
2022-03-31
Passed House
2022-04-05T00:18:02Z
Affordable Insulin Now Act
This bill limits cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit.
Specifically, the bill caps cost-sharing under private health insurance for a month's supply of selected insulin products at $35 or 25% of a plan's negotiated price (after any price concessions), whichever is less, beginning in 2023.
The bill caps cost-sharing under the Medicare prescription drug benefit for a month's supply of covered insulin products at $35 beginning in 2023.
Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month's supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.
The bill also (1) further delays implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws, and (2) increases funding for the Medicare Improvement Fund.
55
2022-09-29
Passed Senate
2022-10-21T22:20:54Z
Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
This bill provides continuing FY2023 appropriations to federal agencies through December 16, 2022, provides supplemental appropriations for assistance to Ukraine, and establishes a compensation program for victims of the Hermit's Peak/Calf Canyon fire in New Mexico.
The bill also extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are effective through December 16, 2022.)
(Sec. 3) This section provides that references to this Act included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) This section provides appropriations for a payment to Dean Swihart, the beneficiary of the late Representative Jacqueline Walorski-Swihart. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.)
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023
Continuing Appropriations Act, 2023
This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 16, 2022, or the enactment of the applicable appropriations act.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when FY2023 begins on October 1, 2022.
The CR funds most programs and activities at the FY2022 levels with several exceptions that provide funding flexibility and additional appropriations for various programs.
(Sec. 101) This section provides FY2023 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2022 appropriations acts.
The section extends several immigration-related programs and specifies several exceptions. It also includes a provision that provides additional funding for the Administration for Children and Families to carry out the Unaccompanied Children Program.
(Sec. 102) This section prohibits the Department of Defense (DOD) from funding new or accelerated production of certain projects and other activities and certain multiyear procurements prior to the enactment of the regular annual appropriations act.
(Sec. 103) This section specifies that funds provided by Section 101 of this division shall be available to the extent and in the manner that would be provided in the pertinent appropriations act.
(Sec. 104) This section prohibits appropriations provided by Section 101 of this division from being used to initiate or resume any project or activity that was not funded during FY2022.
(Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2023 activities and programs during the period of the CR.
(Sec. 106) This section continues the appropriations provided by this division through the earlier of December 16, 2022, or the enactment of the applicable appropriations act.
(Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law.
(Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations acts.
(Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
(Sec. 110) This section requires this division to be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
(Sec. 111) This section continues funding for certain appropriated entitlements and mandatory payments with budget authority provided in an FY2022 appropriations act at the rate necessary to maintain program levels under current law. It also provides authority to pay obligations for mandatory payments required to be made through the beginning of January 2023.
(Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned at the rate necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
(Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
(Sec. 114) This section extends designations of disaster relief and emergency requirements to funds provided by this division that previously carried those designations.
(Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR.
(Sec. 116) This section allows the Department of Agriculture's (USDA's) Farm Service Agency to apportion funding for the Agricultural Credit Insurance Fund Program account at the rate necessary to accommodate approved applications for direct and guaranteed farm ownership loans.
(Sec. 117) This section allows USDA's Rural Business-Cooperative Service to use funds provided by this division for loans under the Rural Microentrepreneur Assistance Program.
(Sec. 118) This section extends various authorities under the Livestock Mandatory Reporting Act of 1999, which requires buyers of live cattle, swine, and lamb and sellers of wholesale beef, pork, and lamb to report prices, volumes, and other marketing characteristics to USDA's Agricultural Marketing Service.
(Sec. 119) This section allows the Economic Development Administration to apportion funding for salaries and expenses at the rate necessary to maintain agency operations.
(Sec. 120) This section allows the National Telecommunications and Information Administration to apportion funding for salaries and expenses at the rate necessary to ensure continued oversight of public safety communications programs.
(Sec. 121) This section provides additional appropriations to the Federal Bureau of Investigation for investigative activities associated with Afghan resettlement operations.
(Sec. 122) This section allows DOD to transfer specified Overseas Humanitarian, Disaster, and Civic Aid funds to the Department of State to support Operation Allies Welcome or any successor operation. (Operation Allies Welcome is the coordinated effort across the federal government to support and resettle Afghan evacuees.)
(Sec. 123) This section extends the authority for DOD to provide physical protection and personal security for certain former or retired DOD officials who face serious and credible threats arising from duties performed while employed by DOD.
(Sec. 124) This section extends the availability of funding for the Afghan Security Forces Fund by rescinding specified FY2021 funding, appropriating the same amount for FY2022, and allowing the funds to remain available through FY2025.
(Sec. 125) This section provides additional emergency funding to the U.S. Army Corps of Engineers for specified water and wastewater infrastructure projects.
(Sec. 126) This section extends the authority for the Calfed Bay-Delta Program, which addresses ecosystem restoration and water management issues in California.
(Sec. 127) This section extends various Bureau of Reclamation authorities, including authorities related to (1) grants for improvements to Rio Grande Pueblo irrigation infrastructure, and (2) certain activities to aid eligible states affected by drought.
(Sec. 128) This section provides additional funding for the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to administer the new Craft Beverage Modernization Act import claims program.
(Sec. 129) This section provides additional funding for the Office of the National Cyber Director.
(Sec. 130) This section provides additional funding for fees that are paid to jurors.
(Sec. 131) This section provides additional funding for security improvements at U.S. courthouses and federal court facilities.
(Sec. 132) This section authorizes the District of Columbia to spend local funds at the rates set forth in the Fiscal Year 2023 Local Budget Act of 2022 for programs and activities that were funded in FY2022.
(Sec. 133) This section provides additional appropriations to the Small Business Administration (SBA) for costs associated with the establishment and implementation of a government-wide certification program within SBA for service-disabled veteran-owned small businesses.
(Sec. 134) This section allows the SBA to apportion funding at the rate necessary to meet demand for commitments for several of its lending programs.
(Sec. 135) This section allows the Federal Emergency Management Agency to apportion funding for the Disaster Relief Fund at the rate necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(Sec. 136) This section transfers specified funds from the Disaster Relief Fund to carry out the Hermit's Peak/Calf Canyon Fire Assistance Act.
(Sec. 137) This section extends the authority for the Department of Homeland Security's joint task forces.
(Sec. 138) This section extends the authorization for the U.S. Secret Service's National Computer Forensic Institute.
(Sec. 139) This section extends the authorization for the National Flood Insurance Program.
(Sec. 140) This section extends the authority for the Department of Homeland Security (DHS) and the General Services Administration to carry out a pilot program to acquire innovative commercial items through an expedited competitive process.
(Sec. 141) This section extends the authority for DHS and the Department of Justice to protect certain facilities and assets from unmanned aircraft.
(Sec. 142) This section permits funding provided for the National Park Service's National Recreation and Preservation account for heritage partnership programs to be used to provide continued financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2022.
(Sec. 143) This section permits funding for the Department of the Interior's Working Capital Fund to be apportioned at the rate necessary to implement enterprise cybersecurity safeguards.
(Sec. 144) This section provides additional funding to the Indian Health Service for costs related to staffing and operating facilities that were opened, renovated, or expanded in FY2022 and FY2023. It also allows the funds to be apportioned at the rate necessary to staff and operate the facilities.
(Sec. 145) This section provides additional funding for the Substance Abuse and Mental Health Services Administration to carry out 988 Suicide & Crisis Lifeline activities and behavioral health crisis services.
(Sec. 146) This section provides additional funding for the Low Income Home Energy Assistance Program (LIHEAP), which provides grants for states, tribes, and territories to operate home energy assistance programs for low-income households.
(Sec. 147) This section provides additional funding to the Administration for Children and Families for refugee and entrant assistance activities, including providing shelter and services for unaccompanied minors.
(Sec. 148) This section allows a higher spending rate for the Social Security Administration's administrative expenses.
(Sec. 149) This section extends the authority to provide resettlement assistance and other benefits and services to evacuees from Afghanistan.
(Sec. 150) This section extends funding for the Temporary Assistance for Needy Families (TANF) program.
(Sec. 151) This section extends the authority for the Department of Defense to obligate funds for certain military construction projects that first received appropriations in FY2018.
(Sec. 152) This section provides additional funding for various Department of State and U.S. Agency for International Development (USAID) programs and activities, including
- Diplomatic Programs;
- International Disaster Assistance;
- Transition Initiatives;
- Assistance for Europe, Eurasia and Central Asia;
- Migration and Refugee Assistance;
- International Narcotics Control and Law Enforcement; and
- the Foreign Military Financing Program.
(Sec. 153) This section extends the authorization for the Department of Housing and Urban Development's (HUD's) Mark-to-Market Program. (The program authorizes HUD to renew certain expiring project-based rental assistance contracts with private property owners to allow rents to be reduced to market rates and Federal House Administration-insured mortgages to be restructured to a level that can be supported by the lower rents.)
(Sec. 154) This section allows HUD to apportion funding for the Native Hawaiian Housing Loan Guarantee Fund Program at the rate necessary to accommodate demand for commitments to guarantee loans under the program.
(Sec. 155) This section provides additional funding for HUD's Community Development Block Grant Disaster Recovery Program to provide assistance for areas impacted by major disasters that occurred in 2021 and 2022.
(Sec. 156) This section allows HUD to transfer specified funds from the Project-Based Rental Assistance account to the Rental Housing Assistance account to address a funding shortfall related to the Section 236 Interest Reduction Payment (IRP) program. (The Section 236 IRP program provides payments to owners of certain affordable multifamily rental properties to reduce the effective interest rates on Federal House Administration-insured mortgages.)
(Sec. 157) This section extends the availability of specified Department of Transportation funding for National Infrastructure Investments grants through FY2023.
DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
Ukraine Supplemental Appropriations Act, 2023
TITLE I--DEPARTMENT OF DEFENSE
This title provides appropriations to the Department of Defense (DOD) to respond to the situation in Ukraine and for related expenses, including for
- the Ukraine Security Assistance Initiative,
- replenishing U.S. stocks of defense equipment sent to Ukraine,
- support and pay for personnel deployed to the region, and
- reviews and oversight of the assistance provided to Ukraine.
Specifically, the title provides appropriations to DOD for
- Military Personnel;
- Operation and Maintenance;
- Procurement;
- Research, Development, Test and Evaluation; and
- the Office of the Inspector General.
It also provides appropriations for the Intelligence Community Management Account.
(Sec. 1101) This section requires DOD to report to Congress on measures being taken to account for U.S. defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine.
(Sec. 1102) This section requires DOD, in coordination with the Department of State, to report to Congress on U.S. security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine.
TITLE II-- DEPARTMENT OF ENERGY
This title provides appropriations to the National Nuclear Security Administration for defense nuclear nonproliferation activities to respond to the situation in Ukraine (e.g., preparing for and responding to potential nuclear and radiological incidents.)
TITLE III--BILATERAL ECONOMIC ASSISTANCE
This title provides appropriations to the Economic Support Fund for assistance to Ukraine. (The fund is managed by the State Department and USAID.)
(Sec. 1301) This section increases the FY2023 funding cap for the Presidential Drawdown Authority, which authorizes the President to immediately transfer defense articles and services from U.S. stocks to a foreign country or international organization to respond to an unforeseen emergency. This authority has recently been used to provide defense items to Ukraine.
(Sec. 1302) This section allows funds provided by this title to be made available for direct financial support for the government of Ukraine, including Ukrainian first responders, and as a cash transfer. It also specifies requirements and restrictions for the funding such as reporting, oversight, and monitoring requirements.
TITLE IV--GENERAL PROVISIONS--THIS ACT
(Sec. 1401) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.
(Sec. 1402) This section specifies that the funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.
(Sec. 1403) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations accounts for FY2023.
(Sec. 1404) This section designates the funding provided by this division as emergency spending, which is exempt from various budget enforcement procedures.
DIVISION C--OTHER MATTERS
TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
(Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses.
(Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors.
United States Parole Commission Extension Act of 2022
(Sec. 103) This section extends the U.S. Parole Commission.
(Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account.
TITLE II--BUDGETARY EFFECTS
This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.
DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS
TITLE I--MEDICARE AND MEDICAID
(Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system.
(Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients.
(Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories.
(Sec. 104) This section decreases funding for the Medicare Improvement Fund.
TITLE II--HUMAN SERVICES
(Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals.
(Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs).
TITLE III--PUBLIC HEALTH
(Sec. 301) This section makes permanent the Health Center Volunteer Health Professionals Program, which allows health professionals who volunteer at public or nonprofit health centers to be considered covered Public Health Service employees for purposes of medical malpractice liability coverage under the Federal Tort Claims Act.
(Sec. 302) This section allows commissioned officers of the Public Health Service to retain excess annual leave that would otherwise be lost at the end of FY2022.
TITLE IV--INDIAN HEALTH
This title extends provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities.
DIVISION E--VETERANS AFFAIRS EXTENSIONS
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
(Sec. 101) This section extends through FY2024 the authority for the Department of Veterans Affairs (VA) to collect copayments from veterans for hospital care and nursing home care.
(Sec. 102) This section extends through FY2024 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability.
(Sec. 103) This section extends through FY2026 the authority to continue the VA and Department of Defense joint incentives program related to health care resources.
(Sec. 104) This section extends through FY2024 the authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
(Sec. 105) This section extends through FY2023 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers.
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
(Sec. 201) This section extends through FY2024 the authority of the VA to transport individuals to and from VA facilities in connection with vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care.
(Sec. 202) This section extends through FY2024 the authority of the VA to maintain a regional office in the Philippines.
(Sec. 203) This section extends through December 31, 2024, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error.
(Sec. 204) This section extends through December 31, 2024, the authority to provide assistance for specially adapted housing for disabled veterans who are residing temporarily in a residence owned by a family member.
(Sec. 205) This section extends through FY2024 the specially adapted housing assistive technology grant program.
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
(Sec. 301) This section reauthorizes through FY2024 homeless veterans reintegration programs conducted by the Department of Labor.
(Sec. 302) This section reauthorizes through FY2024 a Labor grant program that provides dedicated services for homeless women veterans and homeless veterans with children to expedite the reintegration of the veterans into the labor force.
(Sec. 303) This section extends through FY2024 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans.
(Sec. 304) This section reauthorizes through FY2024 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness.
(Sec. 305) This section reauthorizes through FY2024 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs.
(Sec. 306) This section reauthorizes through FY2026 the Advisory Committee on Homeless Veterans.
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES
(Sec. 401) This section reauthorizes through FY2026 the monthly assistance allowances available to certain disabled veterans from the Office of National Veterans Sports Programs and Special Events.
(Sec. 402) This section reauthorizes through FY2026 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces.
(Sec. 403) This section extends through FY2026 the authority for the VA Advisory Committee on Minority Veterans.
(Sec. 404) This section extends through FY2026 the authority for the Veterans' Advisory Committee on Education.
(Sec. 405) This section extends through FY2024 the authority of the VA to transfer real property to other agencies, states, or public or private entities.
DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022
FDA User Fee Reauthorization Act of 2022
This division extends through FY2027 the authority of the Food and Drug Administration (FDA) to collect user fees for drugs, medical devices, generic drugs, and biosimilar biological products. It also addresses other related issues, such as modifying the formulas for calculating such user fees and reauthorizing various programs. (The FDA collects user fees from various entities, including companies that produce drugs and medical devices. The total amounts generated by each user fee program are set out in statutes. Generally, the FDA negotiates these user fees with the relevant industry every five years.)
TITLE I--FEES RELATING TO DRUGS
Prescription Drug User Fee Amendments of 2022
(Sec. 1002) This section modifies various definitions in the Federal Food, Drug, and Cosmetic Act. Specifically, it modifies the definition of human drug application to include applications for certain allergenic extract products licensed on or after October 1, 2022.
For the purposes of assessing the prescription drug program fee, if a drug manufacturer makes a request for a particular prescription drug to be placed on the list for discontinued drugs, the FDA shall consider the drug discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later.
This section also establishes a statutory definition for skin-test diagnostic product. Generally, such a product is administered to the skin to detect a local hypersensitivity reaction to aid the diagnosis of an allergy or infection with certain pathogens.
(Sec. 1003) This section modifies the method by which the FDA assesses drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments. (The base revenue and various adjustments set the total amount of user fees that the FDA must collect through the particular user fee program each fiscal year.)
For the purposes of setting drug user fees, the FDA must make various adjustments including (1) increasing the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjusting the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees for FY2021.
This section also establishes that a human drug application for a skin-test diagnostic product shall not be subject to certain fees.
Furthermore, this section establishes a rule for fees for an approved human prescription drug that was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the same fiscal year. Generally, the relevant manufacturers of such a drug must pay the annual prescription drug program fee for that fiscal year, if the manufacturer has had a human drug application or supplement pending before the FDA after September 1, 1992.
This section also modifies exemptions to the prescription drug program fees for certain drugs. Specifically, this section exempts from such fees (1) certain large volume parenteral products, (2) drugs that are pharmaceutically equivalent to certain FDA-approved drugs, and (3) skin-test diagnostic products.
(Sec. 1005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human drugs, and (2) reporting requirements related to such authority.
TITLE II--FEES RELATING TO DEVICES
Medical Device User Fee Amendments of 2022
(Sec. 2002) This section amends the statutory definition of process for the review of device applications to include activities related to de novo classification requests. (Medical devices are assigned to one of three classes based on the level of control necessary to assure the device's safety and effectiveness.)
(Sec. 2003) This section modifies the method by which the FDA assesses medical device user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, the section establishes the total revenue amounts to be generated from such fees for each fiscal year through FY2027.
For the purpose of calculating such user fees, this section also authorizes increases for various purposes. For example, for FY2025-FY2027, the base establishment registration fee amounts shall be increased by specified amounts to meet improved performance goals for reviewing certain medical device applications. Other adjustments required by this section include decreases in the amount to be collected for such user fees if (1) the FDA's hiring to support the medical device application process is below certain thresholds, or (2) operating reserves for medical device application review operations exceed certain thresholds.
(Sec. 2005) This section permanently reauthorizes and modifies a program under which accredited testing laboratories are involved in assessing whether a medical device complies with certain statutory requirements. Currently, such a laboratory shall assess whether a device conforms to the relevant requirements. Under this section, a laboratory shall conduct tests to support such assessments.
(Sec. 2006) This section reauthorizes through December 17, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices.
(Sec. 2007) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to medical devices, and (2) reporting requirements related to such authority.
TITLE III--FEES RELATING TO GENERIC DRUGS
Generic Drug User Fee Amendments of 2022
(Sec. 3002) This section modifies the method by which the FDA assesses generic drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue amount and various adjustments to set the total amount that the FDA must collect each fiscal year for the particular user fee program.
The FDA must establish a capacity planning methodology to meet the resource capacity needed for the FDA's human generic drug activities and increase the revenue collected under this user fee program accordingly.
The FDA may also increase the user fees assessed for a fiscal year to meet certain operating reserve thresholds for the FDA's human generic drug activities. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly.
(Sec. 3004) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human generic drugs, and (2) reporting requirements related to such authority.
TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS
Biosimilar User Fee Amendments of 2022
(Sec. 4002) This section amends the definition of biosimilar biological product application to include a qualifying application for an allergenic extract product. Currently, applications for allergenic extract products are specifically excluded from the definition.
(Sec. 4003) This section modifies the method by which the FDA assesses biosimilar biological product user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments to set the total amount that the FDA must collect each fiscal year through the user fee program.
For the purposes of setting such user fees, the FDA must (1) increase the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjust the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees in FY2021.
The FDA must also increase the user fees assessed for a fiscal year if doing so is necessary to meet certain operating reserve thresholds for the FDA's review of biosimilar biological product applications. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly.
The section also makes other changes to the biosimilar user fees, including by (1) authorizing the FDA to administratively remove from the biosimilar biological product development program a person who has failed to pay the required fee for two consecutive years, and (2) eliminating the biosimilar biological product fee.
Furthermore, for the purposes of assessing the biosimilar biological product program fee, if a biosimilar product manufacturer makes a request for a particular biosimilar product to be placed on a list for discontinued products, the FDA shall consider the product discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later.
If an approved biosimilar product was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the fiscal year, the manufacturer of the product must pay the annual biosimilar biological product program fee for that fiscal year.
(Sec. 4005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to biosimilar biological products, and (2) reporting requirements related to such authority.
TITLE V--REAUTHORIZATION OF OTHER PROVISIONS
(Sec. 5001) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs.
(Sec. 5002) This section reauthorizes through December 17, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 17, 2022.
(Sec. 5003) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development.
(Sec. 5004) This section reauthorizes a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period.
(Sec. 5005) This section reauthorizes the Critical Path Public-Private Partnerships, through which the FDA may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development.
(Sec. 5006) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions.
(Sec. 5007) This section extends through December 17, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices.
(Sec. 5008) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications.
DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT
Hermit's Peak/Calf Canyon Fire Assistance Act
This division provides for monetary compensation to the persons injured by the prescribed fire burn in the Santa Fe National Forest in New Mexico that became a wildfire known as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.
Each person injured as a result the Hermit's Peak Fire shall be eligible to receive monetary compensation from the United States, including for personal injury, loss of property, business loss, or financial loss.
An Office of Hermit's Peak Fire Claims is established within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims from persons injured by the fire.
FEMA or the independent claims manager (which FEMA may appoint) shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by a person injured by the Hermit's Peak Fire.
Any claimant aggrieved by a final decision of FEMA concerning compensation may, not later than 60 days after the date on which the decision is issued, bring a civil action in the U.S. District Court for the District of New Mexico to modify or set aside the decision.
49
2022-09-30
Public Law
2022-10-25T14:28:49Z
Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
This act provides continuing FY2023 appropriations to federal agencies through December 16, 2022, provides supplemental appropriations for assistance to Ukraine, and establishes a compensation program for victims of the Hermit's Peak/Calf Canyon fire in New Mexico.
The act also extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are effective through December 16, 2022.)
(Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of the division unless the act expressly provides otherwise.
(Sec. 4) This section provides appropriations for a payment to Dean Swihart, the beneficiary of the late Representative Jacqueline Walorski-Swihart. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.)
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023
Continuing Appropriations Act, 2023
This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 16, 2022, or the enactment of the applicable appropriations act.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when FY2023 begins on October 1, 2022.
The CR funds most programs and activities at the FY2022 levels with several exceptions that provide funding flexibility and additional appropriations for various programs.
(Sec. 101) This section provides FY2023 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2022 appropriations acts.
The section extends several immigration-related programs and specifies several exceptions. It also includes a provision that provides additional funding for the Administration for Children and Families to carry out the Unaccompanied Children Program.
(Sec. 102) This section prohibits the Department of Defense (DOD) from funding new or accelerated production of certain projects and other activities and certain multiyear procurements prior to the enactment of the regular annual appropriations act.
(Sec. 103) This section specifies that funds provided by Section 101 of this division shall be available to the extent and in the manner that would be provided in the pertinent appropriations act.
(Sec. 104) This section prohibits appropriations provided by Section 101 of this division from being used to initiate or resume any project or activity that was not funded during FY2022.
(Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2023 activities and programs during the period of the CR.
(Sec. 106) This section continues the appropriations provided by this division through the earlier of December 16, 2022, or the enactment of the applicable appropriations act.
(Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law.
(Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations acts.
(Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
(Sec. 110) This section requires this division to be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
(Sec. 111) This section continues funding for certain appropriated entitlements and mandatory payments with budget authority provided in an FY2022 appropriations act at the rate necessary to maintain program levels under current law. It also provides authority to pay obligations for mandatory payments required to be made through the beginning of January 2023.
(Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned at the rate necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
(Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
(Sec. 114) This section extends designations of disaster relief and emergency requirements to funds provided by this division that previously carried those designations.
(Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR.
(Sec. 116) This section allows the Department of Agriculture's (USDA's) Farm Service Agency to apportion funding for the Agricultural Credit Insurance Fund Program account at the rate necessary to accommodate approved applications for direct and guaranteed farm ownership loans.
(Sec. 117) This section allows USDA's Rural Business-Cooperative Service to use funds provided by this division for loans under the Rural Microentrepreneur Assistance Program.
(Sec. 118) This section extends various authorities under the Livestock Mandatory Reporting Act of 1999, which requires buyers of live cattle, swine, and lamb and sellers of wholesale beef, pork, and lamb to report prices, volumes, and other marketing characteristics to USDA's Agricultural Marketing Service.
(Sec. 119) This section allows the Economic Development Administration to apportion funding for salaries and expenses at the rate necessary to maintain agency operations.
(Sec. 120) This section allows the National Telecommunications and Information Administration to apportion funding for salaries and expenses at the rate necessary to ensure continued oversight of public safety communications programs.
(Sec. 121) This section provides additional appropriations to the Federal Bureau of Investigation for investigative activities associated with Afghan resettlement operations.
(Sec. 122) This section allows DOD to transfer specified Overseas Humanitarian, Disaster, and Civic Aid funds to the Department of State to support Operation Allies Welcome or any successor operation. (Operation Allies Welcome is the coordinated effort across the federal government to support and resettle Afghan evacuees.)
(Sec. 123) This section extends the authority for DOD to provide physical protection and personal security for certain former or retired DOD officials who face serious and credible threats arising from duties performed while employed by DOD.
(Sec. 124) This section extends the availability of funding for the Afghan Security Forces Fund by rescinding specified FY2021 funding, appropriating the same amount for FY2022, and allowing the funds to remain available through FY2025.
(Sec. 125) This section provides additional emergency funding to the U.S. Army Corps of Engineers for specified water and wastewater infrastructure projects.
(Sec. 126) This section extends the authority for the Calfed Bay-Delta Program, which addresses ecosystem restoration and water management issues in California.
(Sec. 127) This section extends various Bureau of Reclamation authorities, including authorities related to (1) grants for improvements to Rio Grande Pueblo irrigation infrastructure, and (2) certain activities to aid eligible states affected by drought.
(Sec. 128) This section provides additional funding for the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to administer the new Craft Beverage Modernization Act import claims program.
(Sec. 129) This section provides additional funding for the Office of the National Cyber Director.
(Sec. 130) This section provides additional funding for fees that are paid to jurors.
(Sec. 131) This section provides additional funding for security improvements at U.S. courthouses and federal court facilities.
(Sec. 132) This section authorizes the District of Columbia to spend local funds at the rates set forth in the Fiscal Year 2023 Local Budget Act of 2022 for programs and activities that were funded in FY2022.
(Sec. 133) This section provides additional appropriations to the Small Business Administration (SBA) for costs associated with the establishment and implementation of a government-wide certification program within SBA for service-disabled veteran-owned small businesses.
(Sec. 134) This section allows the SBA to apportion funding at the rate necessary to meet demand for commitments for several of its lending programs.
(Sec. 135) This section allows the Federal Emergency Management Agency to apportion funding for the Disaster Relief Fund at the rate necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(Sec. 136) This section transfers specified funds from the Disaster Relief Fund to carry out the Hermit's Peak/Calf Canyon Fire Assistance Act.
(Sec. 137) This section extends the authority for the Department of Homeland Security's joint task forces.
(Sec. 138) This section extends the authorization for the U.S. Secret Service's National Computer Forensic Institute.
(Sec. 139) This section extends the authorization for the National Flood Insurance Program.
(Sec. 140) This section extends the authority for the Department of Homeland Security (DHS) and the General Services Administration to carry out a pilot program to acquire innovative commercial items through an expedited competitive process.
(Sec. 141) This section extends the authority for DHS and the Department of Justice to protect certain facilities and assets from unmanned aircraft.
(Sec. 142) This section permits funding provided for the National Park Service's National Recreation and Preservation account for heritage partnership programs to be used to provide continued financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2022.
(Sec. 143) This section permits funding for the Department of the Interior's Working Capital Fund to be apportioned at the rate necessary to implement enterprise cybersecurity safeguards.
(Sec. 144) This section provides additional funding to the Indian Health Service for costs related to staffing and operating facilities that were opened, renovated, or expanded in FY2022 and FY2023. It also allows the funds to be apportioned at the rate necessary to staff and operate the facilities.
(Sec. 145) This section provides additional funding for the Substance Abuse and Mental Health Services Administration to carry out 988 Suicide & Crisis Lifeline activities and behavioral health crisis services.
(Sec. 146) This section provides additional funding for the Low Income Home Energy Assistance Program (LIHEAP), which provides grants for states, tribes, and territories to operate home energy assistance programs for low-income households.
(Sec. 147) This section provides additional funding to the Administration for Children and Families for refugee and entrant assistance activities, including providing shelter and services for unaccompanied minors.
(Sec. 148) This section allows a higher spending rate for the Social Security Administration's administrative expenses.
(Sec. 149) This section extends the authority to provide resettlement assistance and other benefits and services to evacuees from Afghanistan.
(Sec. 150) This section extends funding for the Temporary Assistance for Needy Families (TANF) program.
(Sec. 151) This section extends the authority for the Department of Defense to obligate funds for certain military construction projects that first received appropriations in FY2018.
(Sec. 152) This section provides additional funding for various Department of State and U.S. Agency for International Development (USAID) programs and activities, including
- Diplomatic Programs;
- International Disaster Assistance;
- Transition Initiatives;
- Assistance for Europe, Eurasia and Central Asia;
- Migration and Refugee Assistance;
- International Narcotics Control and Law Enforcement; and
- the Foreign Military Financing Program.
(Sec. 153) This section extends the authorization for the Department of Housing and Urban Development's (HUD's) Mark-to-Market Program. (The program authorizes HUD to renew certain expiring project-based rental assistance contracts with private property owners to allow rents to be reduced to market rates and Federal House Administration-insured mortgages to be restructured to a level that can be supported by the lower rents.)
(Sec. 154) This section allows HUD to apportion funding for the Native Hawaiian Housing Loan Guarantee Fund Program at the rate necessary to accommodate demand for commitments to guarantee loans under the program.
(Sec. 155) This section provides additional funding for HUD's Community Development Block Grant Disaster Recovery Program to provide assistance for areas impacted by major disasters that occurred in 2021 and 2022.
(Sec. 156) This section allows HUD to transfer specified funds from the Project-Based Rental Assistance account to the Rental Housing Assistance account to address a funding shortfall related to the Section 236 Interest Reduction Payment (IRP) program. (The Section 236 IRP program provides payments to owners of certain affordable multifamily rental properties to reduce the effective interest rates on Federal House Administration-insured mortgages.)
(Sec. 157) This section extends the availability of specified Department of Transportation funding for National Infrastructure Investments grants through FY2023.
DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
Ukraine Supplemental Appropriations Act, 2023
TITLE I--DEPARTMENT OF DEFENSE
This title provides appropriations to the Department of Defense (DOD) to respond to the situation in Ukraine and for related expenses, including for
- the Ukraine Security Assistance Initiative,
- replenishing U.S. stocks of defense equipment sent to Ukraine,
- support and pay for personnel deployed to the region, and
- reviews and oversight of the assistance provided to Ukraine.
Specifically, the title provides appropriations to DOD for
- Military Personnel;
- Operation and Maintenance;
- Procurement;
- Research, Development, Test and Evaluation; and
- the Office of the Inspector General.
It also provides appropriations for the Intelligence Community Management Account.
(Sec. 1101) This section requires DOD to report to Congress on measures being taken to account for U.S. defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine.
(Sec. 1102) This section requires DOD, in coordination with the Department of State, to report to Congress on U.S. security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine.
TITLE II-- DEPARTMENT OF ENERGY
This title provides appropriations to the National Nuclear Security Administration for defense nuclear nonproliferation activities to respond to the situation in Ukraine (e.g., preparing for and responding to potential nuclear and radiological incidents.)
TITLE III--BILATERAL ECONOMIC ASSISTANCE
This title provides appropriations to the Economic Support Fund for assistance to Ukraine. (The fund is managed by the State Department and USAID.)
(Sec. 1301) This section increases the FY2023 funding cap for the Presidential Drawdown Authority, which authorizes the President to immediately transfer defense articles and services from U.S. stocks to a foreign country or international organization to respond to an unforeseen emergency. This authority has recently been used to provide defense items to Ukraine.
(Sec. 1302) This section allows funds provided by this title to be made available for direct financial support for the government of Ukraine, including Ukrainian first responders, and as a cash transfer. It also specifies requirements and restrictions for the funding such as reporting, oversight, and monitoring requirements.
TITLE IV--GENERAL PROVISIONS--THIS ACT
(Sec. 1401) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.
(Sec. 1402) This section specifies that the funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.
(Sec. 1403) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations accounts for FY2023.
(Sec. 1404) This section designates the funding provided by this division as emergency spending, which is exempt from various budget enforcement procedures.
DIVISION C--OTHER MATTERS
TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
(Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses.
(Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors.
United States Parole Commission Extension Act of 2022
(Sec. 103) This section extends the U.S. Parole Commission.
(Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account.
TITLE II--BUDGETARY EFFECTS
This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.
DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS
TITLE I--MEDICARE AND MEDICAID
(Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system.
(Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients.
(Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories.
(Sec. 104) This section decreases funding for the Medicare Improvement Fund.
TITLE II--HUMAN SERVICES
(Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals.
(Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs).
TITLE III--PUBLIC HEALTH
(Sec. 301) This section makes permanent the Health Center Volunteer Health Professionals Program, which allows health professionals who volunteer at public or nonprofit health centers to be considered covered Public Health Service employees for purposes of medical malpractice liability coverage under the Federal Tort Claims Act.
(Sec. 302) This section allows commissioned officers of the Public Health Service to retain excess annual leave that would otherwise be lost at the end of FY2022.
TITLE IV--INDIAN HEALTH
This title extends provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities.
DIVISION E--VETERANS AFFAIRS EXTENSIONS
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
(Sec. 101) This section extends through FY2024 the authority for the Department of Veterans Affairs (VA) to collect copayments from veterans for hospital care and nursing home care.
(Sec. 102) This section extends through FY2024 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability.
(Sec. 103) This section extends through FY2026 the authority to continue the VA and Department of Defense joint incentives program related to health care resources.
(Sec. 104) This section extends through FY2024 the authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
(Sec. 105) This section extends through FY2023 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers.
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
(Sec. 201) This section extends through FY2024 the authority of the VA to transport individuals to and from VA facilities in connection with vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care.
(Sec. 202) This section extends through FY2024 the authority of the VA to maintain a regional office in the Philippines.
(Sec. 203) This section extends through December 31, 2024, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error.
(Sec. 204) This section extends through December 31, 2024, the authority to provide assistance for specially adapted housing for disabled veterans who are residing temporarily in a residence owned by a family member.
(Sec. 205) This section extends through FY2024 the specially adapted housing assistive technology grant program.
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
(Sec. 301) This section reauthorizes through FY2024 homeless veterans reintegration programs conducted by the Department of Labor.
(Sec. 302) This section reauthorizes through FY2024 a Labor grant program that provides dedicated services for homeless women veterans and homeless veterans with children to expedite the reintegration of the veterans into the labor force.
(Sec. 303) This section extends through FY2024 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans.
(Sec. 304) This section reauthorizes through FY2024 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness.
(Sec. 305) This section reauthorizes through FY2024 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs.
(Sec. 306) This section reauthorizes through FY2026 the Advisory Committee on Homeless Veterans.
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES
(Sec. 401) This section reauthorizes through FY2026 the monthly assistance allowances available to certain disabled veterans from the Office of National Veterans Sports Programs and Special Events.
(Sec. 402) This section reauthorizes through FY2026 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces.
(Sec. 403) This section extends through FY2026 the authority for the VA Advisory Committee on Minority Veterans.
(Sec. 404) This section extends through FY2026 the authority for the Veterans' Advisory Committee on Education.
(Sec. 405) This section extends through FY2024 the authority of the VA to transfer real property to other agencies, states, or public or private entities.
DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022
FDA User Fee Reauthorization Act of 2022
This division extends through FY2027 the authority of the Food and Drug Administration (FDA) to collect user fees for drugs, medical devices, generic drugs, and biosimilar biological products. It also addresses other related issues, such as modifying the formulas for calculating such user fees and reauthorizing various programs. (The FDA collects user fees from various entities, including companies that produce drugs and medical devices. The total amounts generated by each user fee program are set out in statutes. Generally, the FDA negotiates these user fees with the relevant industry every five years.)
TITLE I--FEES RELATING TO DRUGS
Prescription Drug User Fee Amendments of 2022
(Sec. 1002) This section modifies various definitions in the Federal Food, Drug, and Cosmetic Act. Specifically, it modifies the definition of human drug application to include applications for certain allergenic extract products licensed on or after October 1, 2022.
For the purposes of assessing the prescription drug program fee, if a drug manufacturer makes a request for a particular prescription drug to be placed on the list for discontinued drugs, the FDA shall consider the drug discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later.
This section also establishes a statutory definition for skin-test diagnostic product. Generally, such a product is administered to the skin to detect a local hypersensitivity reaction to aid the diagnosis of an allergy or infection with certain pathogens.
(Sec. 1003) This section modifies the method by which the FDA assesses drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments. (The base revenue and various adjustments set the total amount of user fees that the FDA must collect through the particular user fee program each fiscal year.)
For the purposes of setting drug user fees, the FDA must make various adjustments including (1) increasing the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjusting the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees for FY2021.
This section also establishes that a human drug application for a skin-test diagnostic product shall not be subject to certain fees.
Furthermore, this section establishes a rule for fees for an approved human prescription drug that was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the same fiscal year. Generally, the relevant manufacturers of such a drug must pay the annual prescription drug program fee for that fiscal year, if the manufacturer has had a human drug application or supplement pending before the FDA after September 1, 1992.
This section also modifies exemptions to the prescription drug program fees for certain drugs. Specifically, this section exempts from such fees (1) certain large volume parenteral products, (2) drugs that are pharmaceutically equivalent to certain FDA-approved drugs, and (3) skin-test diagnostic products.
(Sec. 1005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human drugs, and (2) reporting requirements related to such authority.
TITLE II--FEES RELATING TO DEVICES
Medical Device User Fee Amendments of 2022
(Sec. 2002) This section amends the statutory definition of process for the review of device applications to include activities related to de novo classification requests. (Medical devices are assigned to one of three classes based on the level of control necessary to assure the device's safety and effectiveness.)
(Sec. 2003) This section modifies the method by which the FDA assesses medical device user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, the section establishes the total revenue amounts to be generated from such fees for each fiscal year through FY2027.
For the purpose of calculating such user fees, this section also authorizes increases for various purposes. For example, for FY2025-FY2027, the base establishment registration fee amounts shall be increased by specified amounts to meet improved performance goals for reviewing certain medical device applications. Other adjustments required by this section include decreases in the amount to be collected for such user fees if (1) the FDA's hiring to support the medical device application process is below certain thresholds, or (2) operating reserves for medical device application review operations exceed certain thresholds.
(Sec. 2005) This section permanently reauthorizes and modifies a program under which accredited testing laboratories are involved in assessing whether a medical device complies with certain statutory requirements. Currently, such a laboratory shall assess whether a device conforms to the relevant requirements. Under this section, a laboratory shall conduct tests to support such assessments.
(Sec. 2006) This section reauthorizes through December 17, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices.
(Sec. 2007) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to medical devices, and (2) reporting requirements related to such authority.
TITLE III--FEES RELATING TO GENERIC DRUGS
Generic Drug User Fee Amendments of 2022
(Sec. 3002) This section modifies the method by which the FDA assesses generic drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue amount and various adjustments to set the total amount that the FDA must collect each fiscal year for the particular user fee program.
The FDA must establish a capacity planning methodology to meet the resource capacity needed for the FDA's human generic drug activities and increase the revenue collected under this user fee program accordingly.
The FDA may also increase the user fees assessed for a fiscal year to meet certain operating reserve thresholds for the FDA's human generic drug activities. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly.
(Sec. 3004) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human generic drugs, and (2) reporting requirements related to such authority.
TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS
Biosimilar User Fee Amendments of 2022
(Sec. 4002) This section amends the definition of biosimilar biological product application to include a qualifying application for an allergenic extract product. Currently, applications for allergenic extract products are specifically excluded from the definition.
(Sec. 4003) This section modifies the method by which the FDA assesses biosimilar biological product user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments to set the total amount that the FDA must collect each fiscal year through the user fee program.
For the purposes of setting such user fees, the FDA must (1) increase the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjust the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees in FY2021.
The FDA must also increase the user fees assessed for a fiscal year if doing so is necessary to meet certain operating reserve thresholds for the FDA's review of biosimilar biological product applications. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly.
The section also makes other changes to the biosimilar user fees, including by (1) authorizing the FDA to administratively remove from the biosimilar biological product development program a person who has failed to pay the required fee for two consecutive years, and (2) eliminating the biosimilar biological product fee.
Furthermore, for the purposes of assessing the biosimilar biological product program fee, if a biosimilar product manufacturer makes a request for a particular biosimilar product to be placed on a list for discontinued products, the FDA shall consider the product discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later.
If an approved biosimilar product was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the fiscal year, the manufacturer of the product must pay the annual biosimilar biological product program fee for that fiscal year.
(Sec. 4005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to biosimilar biological products, and (2) reporting requirements related to such authority.
TITLE V--REAUTHORIZATION OF OTHER PROVISIONS
(Sec. 5001) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs.
(Sec. 5002) This section reauthorizes through December 17, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 17, 2022.
(Sec. 5003) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development.
(Sec. 5004) This section reauthorizes a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period.
(Sec. 5005) This section reauthorizes the Critical Path Public-Private Partnerships, through which the FDA may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development.
(Sec. 5006) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions.
(Sec. 5007) This section extends through December 17, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices.
(Sec. 5008) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications.
DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT
Hermit's Peak/Calf Canyon Fire Assistance Act
This division provides for monetary compensation to the persons injured by the prescribed fire burn in the Santa Fe National Forest in New Mexico that became a wildfire known as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.
Each person injured as a result the Hermit's Peak Fire shall be eligible to receive monetary compensation from the United States, including for personal injury, loss of property, business loss, or financial loss.
An Office of Hermit's Peak Fire Claims is established within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims from persons injured by the fire.
FEMA or the independent claims manager (which FEMA may appoint) shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by a person injured by the Hermit's Peak Fire.
Any claimant aggrieved by a final decision of FEMA concerning compensation may, not later than 60 days after the date on which the decision is issued, bring a civil action in the U.S. District Court for the District of New Mexico to modify or set aside the decision.

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
- Display Title

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
- Short Titles as Enacted

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
- Official Title as Enacted

Making continuing appropriations for fiscal year 2023, and for other purposes.
H
House
- Short Titles as Passed Senate for portions of this bill

Hermit's Peak/Calf Canyon Fire Assistance Act
S
Senate
- Short Titles as Passed Senate for portions of this bill

FDA User Fee Reauthorization Act of 2022
S
Senate
- Short Titles as Passed Senate for portions of this bill

Biosimilar User Fee Amendments of 2022
S
Senate
- Short Titles as Passed Senate for portions of this bill

United States Parole Commission Extension Act of 2022
S
Senate
- Short Titles as Passed Senate for portions of this bill

Ukraine Supplemental Appropriations Act, 2023
S
Senate
- Short Titles as Passed Senate for portions of this bill

Medical Device User Fee Amendments of 2022
S
Senate
- Short Titles as Passed Senate for portions of this bill

Continuing Appropriations Act, 2023
S
Senate
- Short Titles as Passed Senate for portions of this bill

Generic Drug User Fee Amendments of 2022
S
Senate
- Short Titles as Passed Senate

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
S
Senate
- Short Titles as Passed Senate for portions of this bill

Prescription Drug User Fee Amendments of 2022
S
Senate
- Official Title as Introduced

To amend title XXVII of the Public Health Service Act, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 to establish requirements with respect to cost-sharing for certain insulin products, and for other purposes.
Introduced in House
IH
- Short Title(s) as Passed House

Affordable Insulin Now Act
H
House
Engrossed in House
EH
- Short Title(s) as Introduced

Affordable Insulin Now Act
Introduced in House
IH
6107
117
SAMDT
2022-09-30T04:17:33Z
- H000601
Sen. Hagerty, Bill [R-TN]
Bill
Hagerty
R
TN
2022-09-29T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
2
- 2022-09-29
Senate amendment submitted
Floor
91000
9
Library of Congress
6032
117
SAMDT
To modify the effective date.
2022-09-30T04:47:44Z
2022-09-29
SA 6032 fell when SA 6031 was withdrawn.
SA 6031
https://www.congress.gov/amendment/117th-congress/senate-amendment/6031
SA 6032
https://www.congress.gov/amendment/117th-congress/senate-amendment/6032
- S000148
Sen. Schumer, Charles E. [D-NY]
Charles
Schumer
D
NY
E.
2022-09-28T04:00:00Z
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
6031
117
SAMDT
To add an effective date.
2022-09-30T13:46:17Z
6
- 2022-09-29
0
Senate
SA 6032 fell when SA 6031 was withdrawn.
Floor
- 2022-09-29
0
Senate
Considered by Senate.
Floor
- 2022-09-28
0
Senate
Amendment SA 6032 proposed by Senator Schumer to Amendment SA 6031 (the instructions of the motion to commit). (consideration: CR S5148; text: CR S5148) To modify the effective date.
Floor
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
- 2022-09-28
Senate amendment proposed (on the floor): Amendment SA 6032 proposed by Senator Schumer to Amendment SA 6031 (the instructions of the motion to commit).
Floor
93000
9
Library of Congress
6031
117
SAMDT
To add an effective date.
2022-09-30T04:47:34Z
2022-09-29
Proposed amendment SA 6031 withdrawn in Senate.
SA 6031
https://www.congress.gov/amendment/117th-congress/senate-amendment/6031
- S000148
Sen. Schumer, Charles E. [D-NY]
Charles
Schumer
D
NY
E.
2022-09-28T04:00:00Z
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
1
6
- 2022-09-29
0
Senate
Proposed amendment SA 6031 withdrawn in Senate.
Floor
- 2022-09-29
0
Senate
Considered by Senate.
Floor
- 2022-09-28
0
Senate
Amendment SA 6031 proposed by Senator Schumer. (consideration: CR S5148; text: CR S5148) To add an effective date.
Floor
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
- 2022-09-28
Senate amendment proposed (on the floor): Amendment SA 6031 proposed by Senator Schumer.
Floor
93000
9
Library of Congress
6030
117
SAMDT
To add an effective date.
2022-09-30T04:47:23Z
2022-09-29
Proposed amendment SA 6030 withdrawn in Senate.
SA 6030
https://www.congress.gov/amendment/117th-congress/senate-amendment/6030
- S000148
Sen. Schumer, Charles E. [D-NY]
Charles
Schumer
D
NY
E.
2022-09-28T04:00:00Z
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
6
- 2022-09-29
0
Senate
Proposed amendment SA 6030 withdrawn in Senate.
Floor
- 2022-09-29
0
Senate
Considered by Senate.
Floor
- 2022-09-28
0
Senate
Amendment SA 6030 proposed by Senator Schumer to Amendment SA 5745. (consideration: CR S5148; text: CR S5148) To add an effective date.
Floor
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
- 2022-09-28
Senate amendment proposed (on the floor): Amendment SA 6030 proposed by Senator Schumer to Amendment SA 5745.
Floor
93000
9
Library of Congress
5937
117
SAMDT
2022-09-29T04:16:55Z
- D000563
Sen. Durbin, Richard J. [D-IL]
Richard
Durbin
D
IL
J.
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5864
117
SAMDT
2022-09-29T04:17:04Z
- D000618
Sen. Daines, Steve [R-MT]
Steve
Daines
R
MT
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5863
117
SAMDT
2022-09-29T04:17:04Z
- D000618
Sen. Daines, Steve [R-MT]
Steve
Daines
R
MT
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5836
117
SAMDT
2022-09-29T04:17:01Z
- G000359
Sen. Graham, Lindsey [R-SC]
Lindsey
Graham
R
SC
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5835
117
SAMDT
2022-09-29T04:17:01Z
- G000359
Sen. Graham, Lindsey [R-SC]
Lindsey
Graham
R
SC
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5777
117
SAMDT
2022-09-29T04:17:03Z
- S001198
Sen. Sullivan, Dan [R-AK]
Dan
Sullivan
R
AK
1
1
- M001153
Sen. Murkowski, Lisa [R-AK]
Lisa
Murkowski
R
AK
2022-09-28
True
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
2
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5765
117
SAMDT
To amend chapter 2 of title 1, United States Code, to create requirements for calling an Article V Convention, and for other purposes.
2022-09-30T04:47:54Z
2022-09-29
Proposed amendment SA 5765 withdrawn in Senate.
SA 5765
https://www.congress.gov/amendment/117th-congress/senate-amendment/5765
- B001310
Sen. Braun, Mike [R-IN]
Mike
Braun
R
IN
2022-09-29T04:00:00Z
2022-09-28T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T13:46:17Z
5
- 2022-09-29
0
Senate
Proposed amendment SA 5765 withdrawn in Senate.
Floor
- 2022-09-29
0
Senate
Amendment SA 5765 proposed by Senator Braun to Amendment SA 5745. (consideration: CR S5518-5519; text: CR S5518-5519) To amend chapter 2 of title 1, United States Code, to create requirements for calling an Article V Convention, and for other purposes.
Floor
- 2022-09-29
Senate amendment proposed (on the floor): Amendment SA 5765 proposed by Senator Braun to Amendment SA 5745.
Floor
93000
9
Library of Congress
- 2022-09-28
Senate amendment submitted
Floor
91000
9
Library of Congress
5745
117
SAMDT
In the nature of a substitute.
2022-09-30T04:48:04Z
2022-09-29
Amendment SA 5745 agreed to in Senate by Unanimous Consent.
SA 5745
https://www.congress.gov/amendment/117th-congress/senate-amendment/5745
- S000148
Sen. Schumer, Charles E. [D-NY]
Charles
Schumer
D
NY
E.
2022-09-29T00:20:00Z
2022-09-27T04:00:00Z
Senate
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
6
9
- 2022-09-29
0
Senate
Amendment SA 5745 agreed to in Senate by Unanimous Consent.
Floor
- 2022-09-29
0
Senate
Cloture motion on amendment SA 5745 withdrawn by unanimous consent in Senate.
Floor
- 2022-09-29
0
Senate
Considered by Senate.
Floor
- 2022-09-28
0
Senate
Cloture motion on amendment SA 5745 presented in Senate.
Floor
- 2022-09-28
0
Senate
Amendment SA 5745 proposed by Senator Schumer. (consideration: CR S5147-5148; text: 09/27/2022 CR S5745-5111) In the nature of a substitute.
Floor
- 2022-09-29
Senate amendment agreed to: Amendment SA 5745 agreed to in Senate by Unanimous Consent.
Floor
94000
9
Library of Congress
- 2022-09-28
Senate amendment proposed (on the floor): Amendment SA 5745 proposed by Senator Schumer.
Floor
93000
9
Library of Congress
- 2022-09-27
Senate amendment submitted
Floor
91000
9
Library of Congress
186
117
HAMDT
Pursuant to the provisions of H.Res. 1017, the amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-38, modified by the amendment printed in part C of House Report 117-285 is considered adopted.
2022-04-01T07:16:23Z
2022-03-31
On agreeing to the Rules amendment (A001) Agreed to without objection.
- Rules Committee
2022-03-31T04:00:00Z
House of Representatives
117
HR
House
H
6833

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
2023-09-05T17:28:33Z
5
- 2022-03-31
On agreeing to the Rules amendment (A001) Agreed to without objection.
72500
9
Library of Congress
- 2022-03-31
Amendment in the nature of a substitute reported by the House Committee on Rules.
72500
9
Library of Congress
- 2022-03-31
House amendment offered
Floor
71000
9
Library of Congress
- 2022-03-31
House amendment agreed to: On agreeing to the Rules amendment (A001) Agreed to without objection.
Floor
72000
9
Library of Congress
- Enrolled Bill
  - https://www.govinfo.gov/content/pkg/BILLS-117hr6833enr/xml/BILLS-117hr6833enr.xml
- Engrossed Amendment Senate
2022-09-29T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr6833eas/xml/BILLS-117hr6833eas.xml
- Placed on Calendar Senate
2022-05-25T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr6833pcs/xml/BILLS-117hr6833pcs.xml
- Engrossed in House
2022-03-31T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr6833eh/xml/BILLS-117hr6833eh.xml
- Introduced in House
2022-02-25T05:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr6833ih/xml/BILLS-117hr6833ih.xml
- 2022-10-01T03:59:59Z
  - https://www.govinfo.gov/content/pkg/PLAW-117publ180/uslm/PLAW-117publ180.xml
Public Law
2022-09-30
Became Public Law No: 117-180.
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Congressional Research Service, Library of Congress
This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.