[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1437 Enrolled Bill (ENR)]
H.R.1437
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
Making further continuing appropriations for the fiscal year ending
September 30, 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.