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.
Short title
This Act may be cited as the Continuing Appropriations and Health Extenders Act of 2022
.
Continuing appropriations
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
.
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.
Extensions, Technical Corrections, and Other Matters
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
.
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
.
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
.
Health and Human Services Extensions
Medicare and Medicaid
Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals
In general
Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended—
in subparagraph (B), in the matter preceding clause (i), by striking December 17, 2022
and inserting February 4, 2023
;
in subparagraph (C)(i)—
in the matter preceding subclause (I), by striking December 16, 2022
and inserting February 3, 2023
;
in subclause (III), by striking December 16, 2022
and inserting February 3, 2023
;
in subclause (IV), by striking December 17, 2022
and inserting February 4, 2023
; and
in subparagraph (D)—
in the matter preceding clause (i), by striking December 16, 2022
and inserting February 3, 2023
; and
in clause (ii), by striking December 16, 2022
and inserting February 3, 2023
.
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.
Extension of the Medicare-dependent hospital (MDH) program
In general
Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—
in clause (i), by striking December 17, 2022
and inserting February 4, 2023
; and
in clause (ii)(II), by striking December 17, 2022
and inserting February 4, 2023
.
Conforming amendments
Extension of target amount
Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended—
in the matter preceding clause (i), by striking December 17, 2022
and inserting February 4, 2023
; and
in clause (iv), by striking December 16, 2022
and inserting February 3, 2023
.
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
.
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.
Human Services
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.
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.
Indian Health
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
.
Reauthorization of other provisions
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
.
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
.
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
.
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
.
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
.
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
.
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
.
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