Further Continuing Appropriations and Extensions Act, 2023

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.