A bill making continuing appropriations for fiscal year 2023, extending various health programs, and for other purposes.
Bill: S.5244 | Sponsor: Sen. Lee, Mike (R-UT)
Policy area: Economics and Public Finance

Summary:
Continuing Appropriations and Health Extenders Act of 2022
This bill provides continuing FY2023 appropriations to federal agencies through February 3, 2023.
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 bill also extends several expiring programs and authorities, including several health programs.

Making continuing appropriations for fiscal year 2023, extending 
            various health programs, 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 ``Continuing Appropriations and Health 
Extenders Act of 2022''.

                   TITLE I--CONTINUING APPROPRIATIONS

SEC. 101. EXTENSION OF APPROPRIATIONS.

    Section 106(3) of division A of the Continuing Appropriations and 
Ukraine Supplemental Appropriations Act, 2023 (Public Law 117-180; 136 
Stat. 2116) is amended by striking ``December 16, 2022'' and inserting 
``February 3, 2023''.

SEC. 102. PAYGO REPORT.

    Notwithstanding subsection (a) of section 5 of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 934), the Office of Management and 
Budget shall make publicly available the annual PAYGO report required 
under such subsection for 2022 and prepare any order required under 
subsection (b) of such section not later than February 4, 2023.

     TITLE II--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS

SEC. 201. 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 
``February 3, 2023''.

SEC. 202. 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 ``February 3, 2023''.

SEC. 203. EXTENSION OF COMMODITY FUTURES TRADING COMMISSION CUSTOMER 
              PROTECTION FUND EXPENSES ACCOUNT.

    Section 1(b) of Public Law 117-25 (135 Stat. 297) is amended by 
striking ``December 16, 2022'' each place it appears and inserting 
``February 3, 2023''.

            TITLE III--HEALTH AND HUMAN SERVICES EXTENSIONS

                   Subtitle A--Medicare and Medicaid

SEC. 301. 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 ``February 
        4, 2023'';
            (2) in subparagraph (C)(i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``December 16, 2022'' and inserting ``February 
                3, 2023'';
                    (B) in subclause (III), by striking ``December 16, 
                2022'' and inserting ``February 3, 2023'';
                    (C) in subclause (IV), by striking ``December 17, 
                2022'' and inserting ``February 4, 2023''; and
            (3) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``December 16, 2022'' and inserting ``February 3, 
                2023''; and
                    (B) in clause (ii), by striking ``December 16, 
                2022'' and inserting ``February 3, 2023''.
    (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. 302. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) 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 ``February 4, 2023''; and
            (2) in clause (ii)(II), by striking ``December 17, 2022'' 
        and inserting ``February 4, 2023''.
    (b) Conforming Amendments.--
            (1) Extension of target amount.--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 ``February 4, 
                2023''; and
                    (B) in clause (iv), by striking ``December 16, 
                2022'' and inserting ``February 3, 2023''.
            (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 ``February 3, 2023''.

SEC. 303. EXTENSION OF INCREASED FMAPS FOR THE TERRITORIES.

    Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) 
is amended by striking ``December 16, 2022'' each place it appears and 
inserting ``February 3, 2023'' in each such place.

                       Subtitle B--Human Services

SEC. 311. EXTENSION OF MATERNAL, INFANT, AND EARLY CHILDHOOD HOME 
              VISITING PROGRAMS.

    Activities authorized by section 511 of the Social Security Act 
shall continue through February 3, 2023, in the manner authorized for 
fiscal year 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. 312. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

    Activities authorized by part B of title IV of the Social Security 
Act shall continue through February 3, 2023, 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.

                       Subtitle C--Indian Health

SEC. 321. EXTENSION OF MORATORIUM RELATING TO FUNDS FOR HEALTH CARE 
              SERVICES FOR CERTAIN ALASKA NATIVE VILLAGES.

    Section 424(a) of the Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 
343; 132 Stat. 693;136 Stat. 2136) is amended by striking ``December 
16, 2022'' and inserting ``February 3, 2023''.

             TITLE IV--REAUTHORIZATION OF OTHER PROVISIONS

SEC. 401. 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 ``$8,630,138 for the period beginning on October 1, 2022, and 
ending on February 3, 2023''.

SEC. 402. 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 ``February 4, 2023''.

SEC. 403. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM.

    Section 305(e) of the Food and Drug Administration Amendments 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 ``$1,812,328 for the period beginning 
on October 1, 2022, and ending on February 3, 2023''.

SEC. 404. 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 ``February 4, 2023''.

SEC. 405. 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 ``$2,071,232 for the period beginning on October 1, 2022, and 
ending on February 3, 2023''.

SEC. 406. 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 ``$10,356,164 for the 
period beginning on October 1, 2022, and ending on February 3, 2023''.

SEC. 407. 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 ``February 4, 2023''.

SEC. 408. 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 ``February 3, 2023''.
                                                       Calendar No. 641

117th CONGRESS

  2d Session

                                S. 5244

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