Further Continuing Appropriations and Extensions Act, 2023

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. 1. Short title This Act may be cited as the Providing Research and Estimates of Changes In Precipitation Act PRECIP Act 2. Amendment to the Weather Research and Forecasting Innovation Act of 2017 (a) In general The Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8521 VI Improving Federal Precipitation Information 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 assumptions 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 incorporate assumptions of 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. (11) Such other topics as the Administrator or National Academies consider appropriate. (c) Authorization of appropriations There is authorized $1,500,000 to the National Oceanic and Atmospheric Administration to carry out this study. 602. Improving Precipitation Frequency Estimates (a) In general The Administrator shall— (1) not later than 5 years after the date of enactment of this title and not less frequently than every 5 years thereafter, update precipitation frequency estimates for the United States, such that each update includes at least one precipitation frequency atlas that incorporates assumptions of non-stationarity; (2) develop products targeted at users of this data in support of the mission of the National Oceanic and Atmospheric Administration; (3) make publicly available, in a searchable, interoperable format, all precipitation frequency estimate studies developed by the National Oceanic and Atmospheric Administration that the Administrator has the legal right to redistribute and that are deemed to be at an appropriate stage of development on an internet website of the National Oceanic and Atmospheric Administration; and (4) ensure all precipitation frequency estimate data, products, and supporting documentation and metadata are preserved, curated, and served by the National Oceanic and Atmospheric Administration, as appropriate. (b) Authorization of Appropriations There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section $3,500,000 for each of fiscal years 2022 through 2030. 603. 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 the National Academies report under section 601 and not less than every 10 years thereafter, update probable maximum precipitation estimates for the United States, such that each update includes estimates that incorporate assumptions of non-stationarity; (2) coordinate with partners to conduct research in the field of extreme precipitation estimation, in accordance with the research needs identified by the National Academies report under section 601; (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 in section 601; (3) facilitates review of probable maximum precipitation studies by regulatory agencies; (4) provides confidence in regional and site-specific probable maximum precipitation estimates; and (5) includes such other topics as the Administrator deems appropriate. (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. (e) Authorization of Appropriations There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section: (1) $13,000,000 for fiscal year 2022. (2) $14,000,000 for fiscal year 2023. (3) $14,000,000 for fiscal year 2024. (4) $2,000,000 for fiscal year 2025. (5) $2,000,000 for fiscal year 2026. (6) $2,000,000 for fiscal year 2027. 604. Definitions In this title: (1) Administrator The term Administrator (2) National Academies The term National Academies (3) Precipitation frequency atlas The term precipitation frequency atlas (4) Precipitation frequency estimate The term precipitation frequency estimate (5) United States The term United States . (b) Conforming amendment Section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8501 TITLE VI—IMPROVING FEDERAL PRECIPITATION INFORMATION Sec. 601. Study on precipitation estimation. Sec. 602. Improving precipitation frequency estimates. Sec. 603. Improving probable maximum precipitation estimates. Sec. 604. Definitions. . May 3, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Further Continuing Appropriations and Extensions Act, 2023 This act provides continuing FY2023 appropriations for federal agencies through December 23, 2022, and extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are also effective through December 23, 2022.) The act also requires the National Oceanic and Atmospheric Administration (NOAA) to develop guidance and take other actions to update precipitation estimates. (Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of the division unless the act expressly provides otherwise. (Sec. 4) This section provides appropriations for a payment to Colette Wallace McEachin, the beneficiary of the late Representative Aston Donald McEachin. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.) DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023 Further Continuing Appropriations Act, 2023 This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 23, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when the existing CR expires on December 16, 2022. The CR funds most programs and activities at the FY2022 levels. It also extends several exceptions that provide funding flexibility or additional appropriations for various programs. The division also extends the Department of Homeland Security's federal intrusion detection and prevention system and a related reporting requirement. DIVISION B--OTHER MATTERS TITLE I--EXTENSIONS (Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses. (Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors. United States Parole Commission Further Extension Act of 2022 (Sec. 103) This section extends the U.S. Parole Commission. (Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account. TITLE II--BUDGETARY EFFECTS This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION C--HEALTH AND HUMAN SERVICES TITLE I--MEDICARE AND MEDICAID (Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system. (Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients. (Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories. (Sec. 104) This section decreases funding for the Medicare Improvement Fund. TITLE II--HUMAN SERVICES (Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals. (Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs). TITLE III--EXTENSION OF FDA AUTHORIZATIONS (Sec. 301) This section reauthorizes the Critical Path Public-Private Partnerships, through which the Food and Drug Administration (FDA) may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development. (Sec. 302) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs. (Sec. 303) This section reauthorizes through December 24, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 24, 2022. (Sec. 304) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development. (Sec. 305) This section reauthorizes until December 24, 2022, a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period. (Sec. 306) This section extends through December 24, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices. (Sec. 307) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions. (Sec. 308) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications. (Sec. 309) This section reauthorizes through December 24, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices. TITLE IV--INDIAN HEALTH This title extends until December 24, 2022, provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities. DIVISION D--PRECIP ACT Providing Research and Estimates of Changes In Precipitation Act or the PRECIP Act This division directs the National Oceanic and Atmospheric Administration (NOAA) to take actions regarding precipitation estimation. NOAA must seek to enter an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the state of practice and research needs for precipitation estimation, including probable maximum precipitation estimation. NOAA, in consideration of the study's recommendations, shall consult with relevant partners on the development of a plan to update probable maximum precipitation estimates. NOAA shall develop guidance regarding probable maximum precipitation estimates that (1) provides best practices for 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; (3) facilitates review of probable maximum precipitation studies by regulatory agencies; and (4) provides confidence in regional and site-specific probable maximum precipitation estimates.