II 

Calendar No. 641 

117TH CONGRESS 

2D SESSION S. 5244 

Making continuing appropriations for fiscal year 2023, extending various 

health programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2022 

Mr. LEE (for himself, Mr. BRAUN, Mr. SCOTT of Florida, and Mr. JOHNSON) 

introduced the following bill; which was read the first time 

DECEMBER 14, 2022 

Read the second time and placed on the calendar 

A BILL 

Making continuing appropriations for fiscal year 2023, 

extending various health programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Appropria5 tions and Health Extenders Act of 2022’’. 


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1 TITLE I—CONTINUING 

2 APPROPRIATIONS 

3 SEC. 101. EXTENSION OF APPROPRIATIONS. 

4 Section 106(3) of division A of the Continuing Appro5 priations and Ukraine Supplemental Appropriations Act, 

6 2023 (Public Law 117–180; 136 Stat. 2116) is amended 

7 by striking ‘‘December 16, 2022’’ and inserting ‘‘February 

8 3, 2023’’. 

9 SEC. 102. PAYGO REPORT. 

10 Notwithstanding subsection (a) of section 5 of the 

11 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934), the 

12 Office of Management and Budget shall make publicly 

13 available the annual PAYGO report required under such 

14 subsection for 2022 and prepare any order required under 

15 subsection (b) of such section not later than February 4, 

16 2023. 

17 TITLE II—EXTENSIONS, TECH18 NICAL CORRECTIONS, AND 

19 OTHER MATTERS 

20 SEC. 201. EXTENSION OF FCC AUCTION AUTHORITY. 

21 Section 309(j)(11) of the Communications Act of 

22 1934 (47 U.S.C. 309(j)(11)) is amended by striking ‘‘De23 cember 16, 2022’’ and inserting ‘‘February 3, 2023’’. 


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1 SEC. 202. EXTENSION OF AUTHORIZATION FOR SPECIAL AS2 SESSMENT FOR DOMESTIC TRAFFICKING VIC3 TIMS’ FUND. 

4 Section 3014(a) of title 18, United States Code, is 

5 amended, in the matter preceding paragraph (1), by strik6 ing ‘‘December 16, 2022’’ and inserting ‘‘February 3, 

7 2023’’. 

8 SEC. 203. EXTENSION OF COMMODITY FUTURES TRADING 

9 COMMISSION CUSTOMER PROTECTION FUND 

10 EXPENSES ACCOUNT. 

11 Section 1(b) of Public Law 117–25 (135 Stat. 297) 

12 is amended by striking ‘‘December 16, 2022’’ each place 

13 it appears and inserting ‘‘February 3, 2023’’. 

14 TITLE III—HEALTH AND HUMAN 

15 SERVICES EXTENSIONS 

16 Subtitle A—Medicare and Medicaid 

17 SEC. 301. EXTENSION OF INCREASED INPATIENT HOSPITAL 

18 PAYMENT ADJUSTMENT FOR CERTAIN LOW19 VOLUME HOSPITALS. 

20 (a) IN GENERAL.—Section 1886(d)(12) of the Social 

21 Security Act (42 U.S.C. 1395ww(d)(12)) is amended— 

22 (1) in subparagraph (B), in the matter pre23 ceding clause (i), by striking ‘‘December 17, 2022’’ 

24 and inserting ‘‘February 4, 2023’’; 

25 (2) in subparagraph (C)(i)— 


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1 (A) in the matter preceding subclause (I), 

2 by striking ‘‘December 16, 2022’’ and inserting 

3 ‘‘February 3, 2023’’; 

4 (B) in subclause (III), by striking ‘‘Decem5 ber 16, 2022’’ and inserting ‘‘February 3, 

6 2023’’; 

7 (C) in subclause (IV), by striking ‘‘Decem8 ber 17, 2022’’ and inserting ‘‘February 4, 

9 2023’’; and 

10 (3) in subparagraph (D)— 

11 (A) in the matter preceding clause (i), by 

12 striking ‘‘December 16, 2022’’ and inserting 

13 ‘‘February 3, 2023’’; and 

14 (B) in clause (ii), by striking ‘‘December 

15 16, 2022’’ and inserting ‘‘February 3, 2023’’. 

16 (b) IMPLEMENTATION.—Notwithstanding any other 

17 provision of law, the Secretary of Health and Human 

18 Services may implement the provisions of, including the 

19 amendments made by, this section by program instruction 

20 or otherwise. 

21 SEC. 302. EXTENSION OF THE MEDICARE-DEPENDENT HOS22 PITAL (MDH) PROGRAM. 

23 (a) IN GENERAL.—Section 1886(d)(5)(G) of the So24 cial Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amend25 ed— 


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1 (1) in clause (i), by striking ‘‘December 17, 

2 2022’’ and inserting ‘‘February 4, 2023’’; and 

3 (2) in clause (ii)(II), by striking ‘‘December 17, 

4 2022’’ and inserting ‘‘February 4, 2023’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) EXTENSION OF TARGET AMOUNT.—Section 

7 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 

8 1395ww(b)(3)(D)) is amended— 

9 (A) in the matter preceding clause (i), by 

10 striking ‘‘December 17, 2022’’ and inserting 

11 ‘‘February 4, 2023’’; and 

12 (B) in clause (iv), by striking ‘‘December 

13 16, 2022’’ and inserting ‘‘February 3, 2023’’. 

14 (2) PERMITTING HOSPITALS TO DECLINE RE15 CLASSIFICATION.—Section 13501(e)(2) of the Omni16 bus Budget Reconciliation Act of 1993 (42 U.S.C. 

17 1395ww note) is amended by striking ‘‘December 

18 16, 2022’’ and inserting ‘‘February 3, 2023’’. 

19 SEC. 303. EXTENSION OF INCREASED FMAPS FOR THE TER20 RITORIES. 

21 Section 1905(ff) of the Social Security Act (42 

22 U.S.C. 1396d(ff)) is amended by striking ‘‘December 16, 

23 2022’’ each place it appears and inserting ‘‘February 3, 

24 2023’’ in each such place. 


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1 Subtitle B—Human Services 

2 SEC. 311. EXTENSION OF MATERNAL, INFANT, AND EARLY 

3 CHILDHOOD HOME VISITING PROGRAMS. 

4 Activities authorized by section 511 of the Social Se5 curity Act shall continue through February 3, 2023, in 

6 the manner authorized for fiscal year 2022, and out of 

7 any money in the Treasury of the United States not other8 wise appropriated, there is hereby appropriated for such 

9 purpose an amount equal to the pro rata portion of the 

10 amount appropriated for such activities for fiscal year 

11 2022. 

12 SEC. 312. EXTENSION OF CHILD AND FAMILY SERVICES 

13 PROGRAMS. 

14 Activities authorized by part B of title IV of the So15 cial Security Act shall continue through February 3, 2023, 

16 in the manner authorized for fiscal year 2022, and out 

17 of any money in the Treasury of the United States not 

18 otherwise appropriated, there are hereby appropriated 

19 such sums as may be necessary for such purpose. 

20 Subtitle C—Indian Health 

21 SEC. 321. EXTENSION OF MORATORIUM RELATING TO 

22 FUNDS FOR HEALTH CARE SERVICES FOR 

23 CERTAIN ALASKA NATIVE VILLAGES. 

24 Section 424(a) of the Department of the Interior, En25 vironment, and Related Agencies Appropriations Act, 


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1 2014 (Public Law 113–76; 128 Stat. 343; 132 Stat. 

2 693;136 Stat. 2136) is amended by striking ‘‘December 

3 16, 2022’’ and inserting ‘‘February 3, 2023’’. 

4 TITLE IV—REAUTHORIZATION 

5 OF OTHER PROVISIONS 

6 SEC. 401. REAUTHORIZATION OF THE BEST PHARMA7 CEUTICALS FOR CHILDREN PROGRAM. 

8 Section 409I(d)(1) of the Public Health Service Act 

9 (42 U.S.C. 284m(d)(1)) is amended by striking 

10 ‘‘$5,273,973 for the period beginning on October 1, 2022 

11 and ending on December 16, 2022’’ and inserting 

12 ‘‘$8,630,138 for the period beginning on October 1, 2022, 

13 and ending on February 3, 2023’’. 

14 SEC. 402. REAUTHORIZATION OF THE HUMANITARIAN DE15 VICE EXEMPTION INCENTIVE. 

16 Section 520(m)(6)(A)(iv) of the Federal Food, Drug, 

17 and Cosmetic Act (21 U.S.C. 360j(m)(6)(A)(iv)) is 

18 amended by striking ‘‘December 17, 2022’’ and inserting 

19 ‘‘February 4, 2023’’. 

20 SEC. 403. REAUTHORIZATION OF THE PEDIATRIC DEVICE 

21 CONSORTIA PROGRAM. 

22 Section 305(e) of the Food and Drug Administration 

23 Amendments Act of 2007 (Public Law 110–85; 42 U.S.C. 

24 282 note) is amended by striking ‘‘$1,107,534 for the pe25 riod beginning on October 1, 2022, and ending on DecemVerDate Sep 11 2014 00:54 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5244.PCS S5244

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1 ber 16, 2022’’ and inserting ‘‘$1,812,328 for the period 

2 beginning on October 1, 2022, and ending on February 

3 3, 2023’’. 

4 SEC. 404. REAUTHORIZATION OF PROVISION PERTAINING 

5 TO DRUGS CONTAINING SINGLE 

6 ENANTIOMERS. 

7 Section 505(u)(4) of the Federal Food, Drug, and 

8 Cosmetic Act (21 U.S.C. 355(u)(4)) is amended by strik9 ing ‘‘December 17, 2022’’ and inserting ‘‘February 4, 

10 2023’’. 

11 SEC. 405. REAUTHORIZATION OF THE CRITICAL PATH PUB12 LIC-PRIVATE PARTNERSHIP. 

13 Section 566(f) of the Federal Food, Drug, and Cos14 metic Act (21 U.S.C. 360bbb–5(f)) is amended by striking 

15 ‘‘$1,265,753 for the period beginning on October 1, 2022 

16 and ending on December 16, 2022’’ and inserting 

17 ‘‘$2,071,232 for the period beginning on October 1, 2022, 

18 and ending on February 3, 2023’’. 

19 SEC. 406. REAUTHORIZATION OF ORPHAN DRUG GRANTS. 

20 Section 5(c) of the Orphan Drug Act (21 U.S.C. 

21 360ee(c)) is amended by striking ‘‘$6,328,767 for the pe22 riod beginning on October 1, 2022, and ending on Decem23 ber 16, 2022’’ and inserting ‘‘$10,356,164 for the period 

24 beginning on October 1, 2022, and ending on February 

25 3, 2023’’. 


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1 SEC. 407. REAUTHORIZATION OF CERTAIN DEVICE INSPEC2 TIONS. 

3 Section 704(g)(11) of the Federal Food, Drug, and 

4 Cosmetic Act (21 U.S.C. 374(g)(11)) is amended by strik5 ing ‘‘December 17, 2022’’ and inserting ‘‘February 4, 

6 2023’’. 

7 SEC. 408. REAUTHORIZATION OF REPORTING REQUIRE8 MENTS RELATED TO PENDING GENERIC 

9 DRUG APPLICATIONS AND PRIORITY REVIEW 

10 APPLICATIONS. 

11 Section 807 of the FDA Reauthorization Act of 2017 

12 (Public Law 115–52) is amended, in the matter preceding 

13 paragraph (1), by striking ‘‘December 16, 2022’’ and in14 serting ‘‘February 3, 2023’’. 


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Calendar No. 641 

117TH CONGRESS 

2D SESSION S. 5244 

A BILL 

Making continuing appropriations for fiscal year 

other purposes. 2023, extending various health programs, and for 

DECEMBER 14, 2022 

Read the second time and placed on the calendar 


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