II Calendar No. 641 117th CONGRESS 2d Session S. 5244 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. Short title This Act may be cited as the Continuing Appropriations and Health Extenders Act of 2022 . I Continuing appropriations 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 . 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. II Extensions, Technical Corrections, and Other Matters 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 . 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 . 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 . III Health and Human Services Extensions A Medicare and Medicaid 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. 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 . 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. B Human Services 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. 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. C Indian Health 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 . IV Reauthorization of other provisions 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 .

December 14, 2022 Read the second time and placed on the calendar