Further Continuing Appropriations and Extensions Act, 2023
PL 117-229 (H.R.1437), enacted 12/16/2022

[117th Congress Public Law 229]
[From the U.S. Government Publishing Office]



[[Page 2307]]

       FURTHER CONTINUING APPROPRIATIONS AND EXTENSIONS ACT, 2023

[[Page 136 STAT. 2308]]

Public Law 117-229
117th Congress

                                 An Act


 
  Making further continuing appropriations for the fiscal year ending 
      September 30, 2023, and for other purposes. <<NOTE: Dec. 16, 
                         2022 -  [H.R. 1437]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Further 
Continuing Appropriations and Extensions Act, 2023.>> 
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. <<NOTE: 1 USC 1 note.>>  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 <<NOTE: Colette Wallace McEachin.>>  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-- <<NOTE: Further Continuing Appropriations Act, 
2023.>> FURTHER CONTINUING APPROPRIATIONS ACT, 2023

    Sec. 101.  The Continuing Appropriations Act, 2023 (division A of 
Public Law 117-180) is amended--

[[Page 136 STAT. 2309]]

            (1) by striking the date specified in section 
        106(3) <<NOTE: Ante, p. 2116.>>  and inserting ``December 23, 
        2022'';
            (2) by adding after section 157 <<NOTE: Ante, p. 2127.>>  
        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. <<NOTE: United States Parole Commission Further 
                        Extension Act of 2022.>>  UNITED STATES 
                        PAROLE COMMISSION EXTENSION.

    (a) <<NOTE: 18 USC 1 note.>>  Short Title.--This section may be 
cited as the ``United States Parole Commission Further Extension Act of 
2022''.

    (b) <<NOTE: 18 USC 3551 note.>>  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 <<NOTE: Ante, p. 2133.>>  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).

[[Page 136 STAT. 2310]]

    (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) <<NOTE: 42 USC 1395ww note.>>  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.--

[[Page 136 STAT. 2311]]

            (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-- <<NOTE: Time period.>> 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

[[Page 136 STAT. 2312]]

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) <<NOTE: 131 Stat. 1073.>>  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''.

[[Page 136 STAT. 2313]]

                         TITLE IV--INDIAN HEALTH

SEC. 401. EXTENSION OF MORATORIUM.

    Section 424(a) of title IV of division G of Public Law 113-
76 <<NOTE: 136 Stat. 2136.>>  is amended by striking ``December 16, 
2022'' and inserting ``December 24, 2022''.

   DIVISION D <<NOTE: Providing Research and Estimates of Changes In 
Precipitation Act.>> --PRECIP ACT
SEC. 1. <<NOTE: 15 USC 8501 note.>>  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. <<NOTE: 15 USC 8561.>>  STUDY ON PRECIPITATION 
                        ESTIMATION.

    ``(a) <<NOTE: Deadline. Contracts.>>  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) <<NOTE: Public information. Web posting. Reports.>>  
        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) <<NOTE: Examination.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  evaluation of the 
                strengths and challenges of the full spectrum of 
                approaches, including for probable maximum precipitation 
                studies.

[[Page 136 STAT. 2314]]

            ``(4) A description of existing research needs in the field 
        of precipitation estimation in order to modernize current 
        methodologies and consider non-stationarity.
            ``(5) <<NOTE: Examination.>>  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) <<NOTE: Plan.>>  A recommended plan for a Federal 
        research and development program, including specifications for 
        costs, timeframes, and responsible agencies for addressing 
        identified research needs.
            ``(7) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions. Data.>> Recommendations for 
        data management to promote long-term needs such as enabling 
        retrospective analyses and data discoverability, 
        interoperability, and reuse.
            ``(9) <<NOTE: Recommenda- tions.>>  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. <<NOTE: Deadlines. 15 USC 8562.>>  IMPROVING PROBABLE 
                        MAXIMUM PRECIPITATION ESTIMATES.

    ``(a) <<NOTE: Consultation.>>  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) <<NOTE: Updates.>>  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) <<NOTE: Coordination.>>  coordinate with partners to 
        conduct research in the field of extreme precipitation 
        estimation, in accordance with the research needs identified in 
        such report;
            ``(3) <<NOTE: Public information. Web posting.>>  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.

[[Page 136 STAT. 2315]]

    ``(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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Time period. Publication.>>  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. <<NOTE: 15 USC 8563.>>  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.

[[Page 136 STAT. 2316]]

``Sec. 602. Improving probable maximum precipitation estimates.
``Sec. 603. Definitions.''.

    Approved December 16, 2022.

LEGISLATIVE HISTORY--H.R. 1437 (S. 3053):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-304 (Comm. on Science, Space, and Technology).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            May 10, 11, considered and passed House.
            Nov. 17, considered and passed Senate, amended.
            Dec. 14, House concurred in Senate amendment with an 
                amendment.
            Dec. 15, Senate concurred in House amendment.

                                  <all>