[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1437 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                     December 14, 2022.
    Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 1437) entitled ``An Act to amend the Weather Research 
and Forecasting Innovation Act of 2017 to direct the National Oceanic 
and Atmospheric Administration to provide comprehensive and regularly 
updated Federal precipitation information, and for other purposes.'', 
with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the 
      Senate, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Further Continuing Appropriations 
and Extensions Act, 2023''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
Sec. 4. Payment to Widows and Heirs of Deceased Members of Congress.

        DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

                       DIVISION B--OTHER MATTERS

Title I--Extensions
Title II--Budgetary Effects

                 DIVISION C--HEALTH AND HUMAN SERVICES

Title I--Medicare and Medicaid
Title II--Human Services
Title III--Extension of FDA Authorizations
Title IV--Indian Health

                         DIVISION D--PRECIP ACT

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

SEC. 4. PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS.

    There is hereby appropriated for fiscal year 2023, out of any money 
in the Treasury not otherwise appropriated, for payment to Colette 
Wallace McEachin, beneficiary of Aston Donald McEachin, late a 
Representative from the Commonwealth of Virginia, $174,000.

        DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

    Sec. 101.  The Continuing Appropriations Act, 2023 (division A of 
Public Law 117-180) is amended--
            (1) by striking the date specified in section 106(3) and 
        inserting ``December 23, 2022'';
            (2) by adding after section 157 the following new section:
    ``Sec. 158.  During the period covered by this Act, section 227(a) 
of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525) 
shall not apply.''.
     This division may be cited as the ``Further Continuing 
Appropriations Act, 2023''.

                       DIVISION B--OTHER MATTERS

                          TITLE I--EXTENSIONS

SEC. 101. EXTENSION OF FCC AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ``December 16, 2022'' and inserting 
``December 23, 2022''.

SEC. 102. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR 
              DOMESTIC TRAFFICKING VICTIMS' FUND.

    Section 3014(a) of title 18, United States Code, is amended, in the 
matter preceding paragraph (1), by striking ``December 16, 2022'' and 
inserting ``December 23, 2022''.

SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

    (a) Short Title.--This section may be cited as the ``United States 
Parole Commission Further Extension Act of 2022''.
    (b) Amendment of Sentencing Reform Act of 1984.--For purposes of 
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 
note; Public Law 98-473; 98 Stat. 2032), as such section relates to 
chapter 311 of title 18, United States Code, and the United States 
Parole Commission, each reference in such section to ``35 years'' or 
``35-year period'' shall be deemed a reference to ``35 years and 53 
days'' or ``35-year and 53-day period'', respectively.

SEC. 104. EXTENSION OF COMMODITY FUTURES TRADING COMMISSION CUSTOMER 
              PROTECTION FUND EXPENSES ACCOUNT.

    Section 1(b) of Public Law 117-25 (135 Stat. 297), as amended by 
section 104 of division C of the Continuing Appropriations and Ukraine 
Supplemental Appropriations Act, 2023 is amended by striking ``December 
16, 2022'' each place it appears and inserting ``December 23, 2022''.

                      TITLE II--BUDGETARY EFFECTS

SEC. 201. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of this 
division and each succeeding division shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this 
division and each succeeding division shall not be entered on any PAYGO 
scorecard maintained for purposes of section 4106 of H. Con. Res. 71 
(115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this division and 
each succeeding division shall not be estimated--
            (1) for purposes of section 251 of such Act;
            (2) for purposes of an allocation to the Committee on 
        Appropriations pursuant to section 302(a) of the Congressional 
        Budget Act of 1974; and
            (3) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.

                 DIVISION C--HEALTH AND HUMAN SERVICES

                     TITLE I--MEDICARE AND MEDICAID

SEC. 101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT 
              FOR CERTAIN LOW-VOLUME HOSPITALS.

    (a) In General.--Section 1886(d)(12) of the Social Security Act (42 
U.S.C. 1395ww(d)(12)) is amended--
            (1) in subparagraph (B), in the matter preceding clause 
        (i), by striking ``December 17, 2022'' and inserting ``December 
        24, 2022'';
            (2) in subparagraph (C)(i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``December 16, 2022'' and inserting ``December 
                23, 2022'';
                    (B) in subclause (III), by striking ``December 16, 
                2022''' and inserting ``December 23, 2022''; and
                    (C) in subclause (IV), by striking ``December 17, 
                2022'' and inserting ``December 24, 2022''; and
            (3) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``December 16, 2022''' and inserting ``December 23, 
                2022''; and
                    (B) in clause (ii), by striking ``December 16, 
                2022''' and inserting ``December 23, 2022''.
    (b) Implementation.--Notwithstanding any other provision of law, 
the Secretary of Health and Human Services may implement the provisions 
of, including the amendments made by, this section by program 
instruction or otherwise.

SEC. 102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.

    (a) In General.--Section 1886(d)(5)(G) of the Social Security Act 
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
            (1) in clause (i), by striking ``December 17, 2022'' and 
        inserting ``December 24, 2022''; and
            (2) in clause (ii)(II), by striking ``December 17, 2022'' 
        and inserting ``December 24, 2022''.
    (b) Conforming Amendments.--
            (1) Extension of target amounts.--Section 1886(b)(3)(D) of 
        the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is 
        amended--
                    (A) in the matter preceding clause (i), by striking 
                ``December 17, 2022'' and inserting ``December 24, 
                2022''; and
                    (B) in clause (iv), by striking ``December 16, 
                2022,'' and inserting ``December 23, 2022''.
            (2) Permitting hospitals to decline reclassification.--
        Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 
        1993 (42 U.S.C. 1395ww note) is amended by striking ``December 
        16, 2022'' and inserting ``December 23, 2022''.

SEC. 103. EXTENSION OF INCREASED FMAPS UNDER MEDICAID FOR THE 
              TERRITORIES.

    Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) 
is amended--
            (1) in paragraph (2), by striking ``December 16, 2022'' and 
        inserting ``December 23, 2022''; and
            (2) in paragraph (3), by striking ``December 16, 2022'' and 
        inserting ``December 23, 2022''.

SEC. 104. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``$7,308,000,000'' and inserting 
``$7,278,000,000''.

                        TITLE II--HUMAN SERVICES

SEC. 201. EXTENSION OF MATERNAL, INFANT, AND EARLY CHILDHOOD HOME 
              VISITING PROGRAMS.

    Activities authorized by section 511 of the Social Security Act 
shall continue through December 23, 2022, and out of any money in the 
Treasury of the United States not otherwise appropriated, there is 
hereby appropriated for such purpose an amount equal to the pro rata 
portion of the amount appropriated for such activities for fiscal year 
2022.

SEC. 202. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

     Activities authorized by part B of title IV of the Social Security 
Act shall continue through December 23, 2022, in the manner authorized 
for fiscal year 2022, and out of any money in the Treasury of the 
United States not otherwise appropriated, there are hereby appropriated 
such sums as may be necessary for such purpose.

               TITLE III--EXTENSION OF FDA AUTHORIZATIONS

SEC. 301. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE 
              PARTNERSHIP.

    Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753 for the period 
beginning on October 1, 2022 and ending on December 16, 2022'' and 
inserting ``$1,380,822 for the period beginning on October 1, 2022 and 
ending on December 23, 2022''.

SEC. 302. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR CHILDREN 
              PROGRAM.

    Section 409I(d)(1) of the Public Health Service Act (42 U.S.C. 
284m(d)(1)) is amended by striking ``$5,273,973 for the period 
beginning on October 1, 2022 and ending on December 16, 2022'' and 
inserting ``$5,753,425 for the period beginning on October 1, 2022 and 
ending on December 23, 2022''.

SEC. 303. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION 
              INCENTIVE.

    Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``December 17, 
2022'' and inserting ``December 24, 2022''.

SEC. 304. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM.

    Section 305(e) of the Pediatric Medical Device Safety and 
Improvement Act of 2007 (Public Law 110-85; 42 U.S.C. 282 note) is 
amended by striking ``$1,107,534 for the period beginning on October 1, 
2022, and ending on December 16, 2022'' and inserting ``$1,610,959 for 
the period beginning on October 1, 2022 and ending on December 23, 
2022''.

SEC. 305. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING 
              SINGLE ENANTIOMERS.

    Section 505(u)(4) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(u)(4)) is amended by striking ``December 17, 2022'' and 
inserting ``December 24, 2022''.

SEC. 306. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

    Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 374(g)(11)) is amended by striking ``December 17, 2022'' and 
inserting ``December 24, 2022''.

SEC. 307. REAUTHORIZATION OF ORPHAN DRUG GRANTS.

    Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended 
by striking ``$6,328,767 for the period beginning on October 1, 2022, 
and ending on December 16, 2022'' and inserting ``$6,904,110 for the 
period beginning on October 1, 2022 and ending on December 23, 2022''.

SEC. 308. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING 
              GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW 
              APPLICATIONS.

    Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115-
52) is amended, in the matter preceding paragraph (1), by striking 
``December 16, 2022'' and inserting ``December 23, 2022''.

SEC. 309. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.

    Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360m(c)) is amended by striking ``December 17, 2022'' and 
inserting ``December 24, 2022''.

                        TITLE IV--INDIAN HEALTH

SEC. 401. EXTENSION OF MORATORIUM.

    Section 424(a) of title IV of division G of Public Law 113-76 is 
amended by striking ``December 16, 2022'' and inserting ``December 24, 
2022''.

                         DIVISION D--PRECIP ACT

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Providing Research and Estimates of 
Changes In Precipitation Act'' or the ``PRECIP Act''.

SEC. 2. AMENDMENT TO THE WEATHER RESEARCH AND FORECASTING INNOVATION 
              ACT OF 2017 RELATING TO IMPROVING FEDERAL PRECIPITATION 
              INFORMATION.

    (a) In General.--The Weather Research and Forecasting Innovation 
Act of 2017 (15 U.S.C. 8501 et seq.) is amended by adding at the end 
the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

``SEC. 601. STUDY ON PRECIPITATION ESTIMATION.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the PRECIP Act, the Administrator, in consultation with 
other Federal agencies as appropriate, shall seek to enter an agreement 
with the National Academies--
            ``(1) to conduct a study on the state of practice and 
        research needs for precipitation estimation, including probable 
        maximum precipitation estimation; and
            ``(2) to submit, not later than 24 months after the date on 
        which such agreement is finalized, to the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and make publicly available on a website, a report on 
        the results of the study under paragraph (1).
    ``(b) Study.--The report under subsection (a) shall include the 
following:
            ``(1) An examination of the current state of practice for 
        precipitation estimation at scales appropriate for 
        decisionmaker needs, and rationale for further evolution of 
        this field.
            ``(2) An evaluation of best practices for precipitation 
        estimation that are based on the best-available science, 
        include considerations of non-stationarity, and can be utilized 
        by the user community.
            ``(3) A framework for--
                    ``(A) the development of a National Guidance 
                Document for estimating extreme precipitation in future 
                conditions; and
                    ``(B) evaluation of the strengths and challenges of 
                the full spectrum of approaches, including for probable 
                maximum precipitation studies.
            ``(4) A description of existing research needs in the field 
        of precipitation estimation in order to modernize current 
        methodologies and consider non-stationarity.
            ``(5) A description of in-situ, airborne, and space-based 
        observation requirements, that could enhance precipitation 
        estimation and development of models, including an examination 
        of the use of geographic information systems and geospatial 
        technology for integration, analysis, and visualization of 
        precipitation data.
            ``(6) A recommended plan for a Federal research and 
        development program, including specifications for costs, 
        timeframes, and responsible agencies for addressing identified 
        research needs.
            ``(7) An analysis of the respective roles in precipitation 
        estimation of various Federal agencies, academia, State, 
        tribal, territorial, and local governments, and other public 
        and private stakeholders.
            ``(8) Recommendations for data management to promote long-
        term needs such as enabling retrospective analyses and data 
        discoverability, interoperability, and reuse.
            ``(9) Recommendations for how data and services from the 
        entire enterprise can be best leveraged by the Federal 
        Government.
            ``(10) A description of non-Federal precipitation data, its 
        accessibility by the Federal Government, and ways for National 
        Oceanic and Atmospheric Administration to improve or expand 
        such datasets.
    ``(c) Authorization of Appropriations.--There is authorized 
$1,500,000 to the National Oceanic and Atmospheric Administration to 
carry out this study.

``SEC. 602. IMPROVING PROBABLE MAXIMUM PRECIPITATION ESTIMATES.

    ``(a) In General.--Not later than 90 days after the date on which 
the National Academies makes public the report under section 601, the 
Administrator, in consideration of the report recommendations, shall 
consult with relevant partners, including users of the data, on the 
development of a plan to--
            ``(1) not later than 6 years after the completion of such 
        report and not less than every 10 years thereafter, update 
        probable maximum precipitation estimates for the United States, 
        such that each update considers non-stationarity;
            ``(2) coordinate with partners to conduct research in the 
        field of extreme precipitation estimation, in accordance with 
        the research needs identified in such report;
            ``(3) make publicly available, in a searchable, 
        interoperable format, all probable maximum precipitation 
        studies developed by the National Oceanic and Atmospheric 
        Administration that the Administrator has the legal right to 
        redistribute and deemed to be at an appropriate state of 
        development on an internet website of the National Oceanic and 
        Atmospheric Administration; and
            ``(4) ensure all probable maximum precipitation estimate 
        data, products, and supporting documentation and metadata 
        developed by the National Oceanic and Atmospheric 
        Administration are preserved, curated, and served by the 
        National Oceanic and Atmospheric Administration, as 
        appropriate.
    ``(b) National Guidance Document for the Development of Probable 
Maximum Precipitation Estimates.--The Administrator, in collaboration 
with Federal agencies, State, territorial, Tribal and local 
governments, academia, and other partners the Administrator deems 
appropriate, shall develop a National Guidance Document that--
            ``(1) provides best practices that can be followed by 
        Federal and State regulatory agencies, private meteorological 
        consultants, and other users that perform probable maximum 
        precipitation studies;
            ``(2) considers the recommendations provided in the 
        National Academies study under section 601;
            ``(3) facilitates review of probable maximum precipitation 
        studies by regulatory agencies; and
            ``(4) provides confidence in regional and site-specific 
        probable maximum precipitation estimates.
    ``(c) Publication.--Not later than 2 years after the date on which 
the National Academies makes public the report under section 601, the 
Administrator shall make publicly available the National Guidance 
Document under subsection (b) on an internet website of the National 
Oceanic and Atmospheric Administration.
    ``(d) Updates.--The Administrator shall update the National 
Guidance Document not less than once every 10 years after the 
publication of the National Guidance Document under subsection (c) and 
publish such updates in accordance with such subsection.

``SEC. 603. DEFINITIONS.

    `` In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            ``(2) National academies.--The term `National Academies' 
        means the National Academies of Sciences, Engineering, and 
        Medicine.
            ``(3) United states.--The term `United States' means, 
        collectively, each State of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, American Samoa, 
        Guam, the Commonwealth of the Northern Mariana Islands, the 
        Virgin Islands of the United States, and any other territory or 
        possession of the United States.''.
    (b) Conforming Amendment.--Section 1(b) of the Weather Research and 
Forecasting Innovation Act of 2017 (15 U.S.C. 8501 note) is amended in 
the table of contents by adding at the end the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

``Sec. 601. Study on precipitation estimation.
``Sec. 602. Improving probable maximum precipitation estimates.
``Sec. 603. Definitions.''.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H.R. 1437

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT