[117th Congress Public Law 229]
[From the U.S. Government Publishing Office]
[[Page 2307]]
FURTHER CONTINUING APPROPRIATIONS AND EXTENSIONS ACT, 2023
[[Page 136 STAT. 2308]]
Public Law 117-229
117th Congress
An Act
Making further continuing appropriations for the fiscal year ending
September 30, 2023, and for other purposes. <<NOTE: Dec. 16,
2022 - [H.R. 1437]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Continuing Appropriations and Extensions Act, 2023.>>
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. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Colette Wallace McEachin.>> 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-- <<NOTE: Further Continuing Appropriations Act,
2023.>> FURTHER CONTINUING APPROPRIATIONS ACT, 2023
Sec. 101. The Continuing Appropriations Act, 2023 (division A of
Public Law 117-180) is amended--
[[Page 136 STAT. 2309]]
(1) by striking the date specified in section
106(3) <<NOTE: Ante, p. 2116.>> and inserting ``December 23,
2022'';
(2) by adding after section 157 <<NOTE: Ante, p. 2127.>>
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. <<NOTE: United States Parole Commission Further
Extension Act of 2022.>> UNITED STATES
PAROLE COMMISSION EXTENSION.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be
cited as the ``United States Parole Commission Further Extension Act of
2022''.
(b) <<NOTE: 18 USC 3551 note.>> 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 <<NOTE: Ante, p. 2133.>> 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).
[[Page 136 STAT. 2310]]
(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) <<NOTE: 42 USC 1395ww note.>> 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.--
[[Page 136 STAT. 2311]]
(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-- <<NOTE: Time period.>> 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
[[Page 136 STAT. 2312]]
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) <<NOTE: 131 Stat. 1073.>> 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''.
[[Page 136 STAT. 2313]]
TITLE IV--INDIAN HEALTH
SEC. 401. EXTENSION OF MORATORIUM.
Section 424(a) of title IV of division G of Public Law 113-
76 <<NOTE: 136 Stat. 2136.>> is amended by striking ``December 16,
2022'' and inserting ``December 24, 2022''.
DIVISION D <<NOTE: Providing Research and Estimates of Changes In
Precipitation Act.>> --PRECIP ACT
SEC. 1. <<NOTE: 15 USC 8501 note.>> 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. <<NOTE: 15 USC 8561.>> STUDY ON PRECIPITATION
ESTIMATION.
``(a) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Public information. Web posting. Reports.>>
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) <<NOTE: Examination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> evaluation of the
strengths and challenges of the full spectrum of
approaches, including for probable maximum precipitation
studies.
[[Page 136 STAT. 2314]]
``(4) A description of existing research needs in the field
of precipitation estimation in order to modernize current
methodologies and consider non-stationarity.
``(5) <<NOTE: Examination.>> 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) <<NOTE: Plan.>> A recommended plan for a Federal
research and development program, including specifications for
costs, timeframes, and responsible agencies for addressing
identified research needs.
``(7) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions. Data.>> Recommendations for
data management to promote long-term needs such as enabling
retrospective analyses and data discoverability,
interoperability, and reuse.
``(9) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Deadlines. 15 USC 8562.>> IMPROVING PROBABLE
MAXIMUM PRECIPITATION ESTIMATES.
``(a) <<NOTE: Consultation.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Coordination.>> coordinate with partners to
conduct research in the field of extreme precipitation
estimation, in accordance with the research needs identified in
such report;
``(3) <<NOTE: Public information. Web posting.>> 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.
[[Page 136 STAT. 2315]]
``(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) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Time period. Publication.>> 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. <<NOTE: 15 USC 8563.>> 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.
[[Page 136 STAT. 2316]]
``Sec. 602. Improving probable maximum precipitation estimates.
``Sec. 603. Definitions.''.
Approved December 16, 2022.
LEGISLATIVE HISTORY--H.R. 1437 (S. 3053):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 117-304 (Comm. on Science, Space, and Technology).
CONGRESSIONAL RECORD, Vol. 168 (2022):
May 10, 11, considered and passed House.
Nov. 17, considered and passed Senate, amended.
Dec. 14, House concurred in Senate amendment with an
amendment.
Dec. 15, Senate concurred in House amendment.
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