S.Amdt. 6541Senate117th Congress (2021-2023)

In the nature of a substitute.

Sponsored by Mike LeeSen. Mike Lee (R-UT)
Submitted December 15, 2022

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Roll call votes on amendments in Senate: Amendment SA 6541, as modified, not agreed to in Senate by Yea-Nay Vote. 35 - 56. Record Vote Number: 398.

December 15, 2022

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Roll call votes on amendments in Senate: Amendment SA 6541, as modified, not agreed to in Senate by Yea-Nay Vote. 35 - 56. Record Vote Number: 398.

December 15, 2022

Floor

Senate amendment not agreed to: Amendment SA 6541, as modified, not agreed to in Senate by Yea-Nay Vote. 35 - 56. Record Vote Number: 398.

December 15, 2022

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Senate amendment proposed (on the floor): Amendment SA 6541 proposed by Senator Lee.

December 15, 2022

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Senate amendment submitted

December 15, 2022

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Amendment SA 6541 proposed by Senator Lee. (consideration: CR S7238-7240) In the nature of a substitute.

December 15, 2022

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Amendment SA 6541, as modified, not agreed to in Senate by Yea-Nay Vote. 35 - 56. Record Vote Number: 398. (text as modified: CR S7238-7239)

December 15, 2022

Text

Submitted

SA 6541. Mr. LEE (for himself, Mr. Braun, Mr. Scott of Florida, and
Mr. Johnson) proposed an amendment to the bill H.R. 1437, 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; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

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 matters

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. 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 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--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

Sec. 101.  The Continuing Appropriations Act, 2023
(division A of Public Law 117-180) is amended--
(1) by striking the date specified in section 106(3) and
inserting ``March 10, 2023'';
(2) by adding after section 157 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 ``March 10, 2023''.

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 ``March 10, 2023''.

SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

(a) Short Title.--This section may be cited as the ``United
States Parole Commission Further Extension Act of 2022''.
(b) 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 is amended by striking ``December 16, 2022'' each place
it appears and inserting ``March 10, 2023''.

TITLE II--BUDGETARY MATTERS

SEC. 201. 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 March 11, 2023.

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 ``March
11, 2023'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by striking
``December 16, 2022'' and inserting ``March 10, 2023'';
(B) in subclause (III), by striking ``December 16, 2022''
and inserting ``March 10, 2023''; and
(C) in subclause (IV), by striking ``December 17, 2022''
and inserting ``March 11, 2023''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``December 16, 2022'' and inserting ``March 10, 2023''; and
(B) in clause (ii), by striking ``December 16, 2022'' and
inserting ``March 10, 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. 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 ``March 11, 2023''; and
(2) in clause (ii)(II), by striking ``December 17, 2022''
and inserting ``March 11, 2023''.
(b) Conforming Amendments.--
(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 ``March 11, 2023''; and
(B) in clause (iv), by striking ``December 16, 2022'' and
inserting ``March 10, 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 ``March 10, 2023''.

[[Page S7263]]

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 ``March 10, 2023''; and
(2) in paragraph (3), by striking ``December 16, 2022'' and
inserting ``March 10, 2023''.

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 March 10, 2023, 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 March 10, 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.

TITLE III--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 16, 2022'' and inserting ``$2,646,574 for the period
beginning on October 1, 2022 and ending on March 10, 2023''.

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 ``$11,027,398 for the
period beginning on October 1, 2022 and ending on March 10,
2023''.

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 ``March 11,
2023''.

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 ``$2,315,753 for the period beginning on
October 1, 2022 and ending on March 10, 2023''.

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 ``March 11, 2023''.

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 ``March 11, 2023''.

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 ``$13,232,876 for the period beginning on October
1, 2022 and ending on March 10, 2023''.

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) is amended, in the matter preceding paragraph
(1), by striking ``December 16, 2022'' and inserting ``March
10, 2023''.

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 ``March 11, 2023''.

TITLE IV--INDIAN HEALTH

SEC. 401. EXTENSION OF MORATORIUM.

Section 424(a) of title IV of division G of Public Law 113-
76 is amended by striking ``December 16, 2022'' and inserting
``March 11, 2023''.

DIVISION D--PRECIP ACT

SEC. 1. 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. 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 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) 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 consider 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.
``(c) Authorization of Appropriations.--There is authorized
$1,500,000 to the National Oceanic and Atmospheric
Administration to carry out this study.

``SEC. 602. 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 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) coordinate with partners to conduct research in the
field of extreme precipitation estimation, in accordance with
the research needs identified in such report;
``(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

[[Page S7264]]

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) 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.

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