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— 
H. R. 1437—2 

(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). 
H. R. 1437—3 

(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.— 
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(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 
H. R. 1437—5 

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’’. 
H. R. 1437—6 

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. 
H. R. 1437—7 

‘‘(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. 
H. R. 1437—8 

‘‘(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. 
H. R. 1437—9 

‘‘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.