```

[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.
```