[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Pages S7262-S7264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6541. Mr. LEE (for himself, Mr. Braun, Mr. Scott of Florida, and 
Mr. Johnson) proposed an amendment to the bill H.R. 1437, 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; as follows:

        In lieu of the matter proposed to be inserted, 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 matters

                 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 ``March 10, 2023'';
       (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 ``March 10, 2023''.

     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 ``March 10, 2023''.

     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 ``March 10, 2023''.

                      TITLE II--BUDGETARY MATTERS

     SEC. 201. PAYGO REPORT.

       Notwithstanding subsection (a) of section 5 of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934), the 
     Office of Management and Budget shall make publicly available 
     the annual PAYGO report required under such subsection for 
     2022 and prepare any order required under subsection (b) of 
     such section not later than March 11, 2023.

                 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 ``March 
     11, 2023'';
       (2) in subparagraph (C)(i)--
       (A) in the matter preceding subclause (I), by striking 
     ``December 16, 2022'' and inserting ``March 10, 2023'';
       (B) in subclause (III), by striking ``December 16, 2022'' 
     and inserting ``March 10, 2023''; and
       (C) in subclause (IV), by striking ``December 17, 2022'' 
     and inserting ``March 11, 2023''; and
       (3) in subparagraph (D)--
       (A) in the matter preceding clause (i), by striking 
     ``December 16, 2022'' and inserting ``March 10, 2023''; and
       (B) in clause (ii), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.
       (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 ``March 11, 2023''; and
       (2) in clause (ii)(II), by striking ``December 17, 2022'' 
     and inserting ``March 11, 2023''.
       (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 ``March 11, 2023''; and
       (B) in clause (iv), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.
       (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 ``March 10, 2023''.

[[Page S7263]]

  


     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 ``March 10, 2023''; and
       (2) in paragraph (3), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.

     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 March 10, 2023, 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 March 10, 2023, 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 ``$2,646,574 for the period 
     beginning on October 1, 2022 and ending on March 10, 2023''.

     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 ``$11,027,398 for the 
     period beginning on October 1, 2022 and ending on March 10, 
     2023''.

     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 ``March 11, 
     2023''.

     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 ``$2,315,753 for the period beginning on 
     October 1, 2022 and ending on March 10, 2023''.

     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 ``March 11, 2023''.

     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 ``March 11, 2023''.

     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 ``$13,232,876 for the period beginning on October 
     1, 2022 and ending on March 10, 2023''.

     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 ``March 
     10, 2023''.

     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 ``March 11, 2023''.

                        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 
     ``March 11, 2023''.

                         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

[[Page S7264]]

     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.''.
                                 ______