Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
Sponsored By: Representative Craig
Became Law
Summary
Continues federal funding into FY2023. It also provides emergency supplemental aid for Ukraine, creates a FEMA claims program for the Hermit’s Peak/Calf Canyon fires, extends many health and veterans authorities, and reauthorizes FDA user fees through mid‑decade.
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- Households, disaster survivors, and communities: Funds $1.0 billion for Low Income Home Energy Assistance and transfers $2.5 billion to FEMA for Hermit’s Peak/Calf Canyon claims, while adding crisis services and refugee/entrant assistance.
- Veterans and VA users: Extends numerous VA health and benefits authorities, including hospital and nursing home care copayment and service rules through 2024, with other program authorities extended into 2026.
- Defense, Ukraine, and oversight: Provides emergency defense and security aid for Ukraine, including $3.0 billion for the Ukraine Security Assistance Initiative and $4.5 billion in direct economic support, and increases reporting, end‑use monitoring, and inspector oversight across transfers and programs.
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Bill Overview
Analyzed Economic Effects
22 provisions identified: 15 benefits, 6 costs, 1 mixed.
One-time $174,000 to Walorski beneficiary
The law directs a one‑time $174,000 payment in FY2023 to Dean Swihart, the beneficiary of Representative Jacqueline Walorski‑Swihart.
Cash help for Hermit's Peak victims
The law creates a $2.5 billion FEMA fund to pay claims from the Hermit's Peak/Calf Canyon Fire. You can claim many unpaid losses, like extra mortgage interest, deductibles, temporary housing, lost wages, cleanup, and some flood insurance premiums due by May 31, 2024. Any person or many types of entities can qualify if harmed by this specific fire, regardless of citizenship. Funds are available until spent, with oversight reports to Congress.
More money to run Social Security
The law raises the Social Security Administration’s administrative limit by $400 million to $13.602945 billion. This supports benefit processing and customer service during the covered period.
More support for refugee resettlement
The law provides $1.775 billion for refugee and entrant assistance, available through September 30, 2025. The Defense Department may transfer up to $3 billion through September 30, 2023 to State Department accounts for Operation Allies Welcome. The FBI also receives $15.3 million in FY2023 for investigations tied to Afghan resettlement.
HUD disaster recovery grants for 2021–2022
HUD gets $2.0 billion for disaster recovery tied to major disasters in 2021 and 2022. Money can support housing, recovery, and utility needs and stays available until spent. Congress labels this an emergency.
Higher FDA fees for device makers
From FY2023–FY2027, FDA device fees increase. Premarket fees range from $425,000 (FY2023) to $470,000 (FY2027). Registration fees rise from $6,250 (FY2023) to $8,465 (FY2027). Fees can adjust if FDA misses hiring goals or meets performance goals. Some user‑fee rules and device submission definitions are updated, and de novo requests are counted.
Higher FDA fees for generic drugs
For FY2023, the generic drug user‑fee base revenue is $582.5 million. Starting FY2024, fees can rise for capacity planning (up to 3% or up to 4% if ANDA volume or complex share is high). FDA must lower fees if reserves exceed 12 weeks. Fees apply to ANDAs received on or after October 1, 2022.
Higher foreign assistance authority in 2023
For fiscal year 2023, the law raises a foreign assistance authority to $3.7 billion. This increases the government’s ability to fund foreign assistance in 2023.
Agencies can avoid worker furloughs
During the covered period, agencies may apportion funds to avoid furloughs for civilian employees. Agencies must first cut or defer non‑personnel administrative costs.
More LIHEAP help for energy bills
The law adds $1.0 billion for LIHEAP energy help in fiscal year 2023. Of that, $500 million follows a special allocation rule. Funds are available until September 30, 2023.
New SBA certification for veteran businesses
The law provides $20 million in FY2023 for SBA to set up a certification program for service‑disabled veteran‑owned small businesses. Funds support staffing and systems to run the program.
SBA can meet higher loan demand
The SBA can apportion funds at the rate needed to handle more guaranteed business loans. This applies to 7(a), trust certificates, 503, and debenture guarantees during the covered period.
Federal pays 100% for fire recovery
For projects tied to the Hermit's Peak/Calf Canyon Fire, the federal share is 100%. State, local, and individual matching is waived for eligible recovery and agricultural projects. If the President declared an emergency for this fire, certain assistance also gets a 100% federal share.
More funding for 988 crisis line
The law provides $62 million in fiscal year 2023 for 988 suicide and crisis services. The money is available until September 30, 2023 to support crisis centers and behavioral health response.
Extended Medicare boosts for rural hospitals
The law extends higher Medicare inpatient payments for certain low‑volume hospitals from December 17, 2022 through September 30, 2023, and in FY2024 and beyond. It also shifts key dates for Medicare‑dependent hospital rules for part of FY2023 to keep payment targets and options in place.
New fee rules for biosimilar developers
FDA updates biosimilar user‑fee timing and adds rules on transfers and reactivation. A transferee must pay the annual development fee upon notice. To reactivate, firms must pay past due annual development fees and a reactivation fee within set deadlines. FDA may remove firms from the program after two years of nonpayment with notice.
Medicare improvement fund cut
The law lowers the Medicare Improvement Fund from $7.5 billion to $7.308 billion. This reduces available money by $192 million for Medicare improvements.
How to file Hermit's Peak claims
The Administrator must post interim claim rules within 45 days, with clear English and Spanish outreach in New Mexico. You can choose arbitration for disputes, but that choice is final and blocks court review. If you sue, you must file in the U.S. District Court in New Mexico within 60 days, and the court uses a deferential standard. Lawyers face fee caps, and payments are protected from most federal offsets. Accepting a final payment releases other related claims. Tribes and tribal members can file without Bureau of Indian Affairs control.
Pilot lets FDA accept lab testing
FDA will pilot a program to accredit testing labs. If a lab is accredited, FDA will generally accept its results to show a device meets recognized standards. FDA can audit or suspend accreditations and will post an annual progress report.
More oversight of aid to Ukraine
Defense and State must report on tracking U.S. defense articles sent to Ukraine within 60 days. They must also send written reports every 30 days through FY2023 listing aid, the authority used, and funding. Reports are unclassified but may include a classified annex.
Funds to staff Indian Health Service
The law provides $16.721 million for Indian Health Services and $1.201 million for Indian Health Facilities. The money supports staffing and operations at facilities opened or updated in FY2022 and FY2023.
Short-term cuts to FDA grant programs
For Oct 1–Dec 16, 2022, funding is reduced for several programs: $1,265,753 for Critical Path, $6,328,767 for Orphan Drug grants, $1,107,534 for Pediatric Device Consortia, and $5,273,973 for Best Pharmaceuticals for Children. These replace larger annual amounts for that short period.
Sponsors & CoSponsors
Sponsor
Craig
MN • D
Cosponsors
Rep. Kildee, Daniel T. [D-MI-5]
MI • D
Sponsored 2/25/2022
McBath
GA • D
Sponsored 2/25/2022
Morelle
NY • D
Sponsored 3/8/2022
Rep. Manning, Kathy E. [D-NC-6]
NC • D
Sponsored 3/8/2022
Hayes
CT • D
Sponsored 3/28/2022
Adams
NC • D
Sponsored 3/28/2022
Barragan
CA • D
Sponsored 3/28/2022
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 3/28/2022
Rep. Maloney, Carolyn B. [D-NY-12]
NY • D
Sponsored 3/28/2022
Peters
CA • D
Sponsored 3/28/2022
Titus
NV • D
Sponsored 3/28/2022
Castro (TX)
TX • D
Sponsored 3/28/2022
Williams (GA)
GA • D
Sponsored 3/28/2022
Kaptur
OH • D
Sponsored 3/28/2022
Sherrill
NJ • D
Sponsored 3/28/2022
Gottheimer
NJ • D
Sponsored 3/28/2022
Elissa Slotkin
MI • D
Sponsored 3/29/2022
Connolly
VA • D
Sponsored 3/29/2022
Dingell
MI • D
Sponsored 3/29/2022
Horsford
NV • D
Sponsored 3/29/2022
Fletcher
TX • D
Sponsored 3/29/2022
Meng
NY • D
Sponsored 3/29/2022
Watson Coleman
NJ • D
Sponsored 3/29/2022
Rep. Bourdeaux, Carolyn [D-GA-7]
GA • D
Sponsored 3/29/2022
Schrier
WA • D
Sponsored 3/29/2022
Carter (LA)
LA • D
Sponsored 3/29/2022
Larson (CT)
CT • D
Sponsored 3/29/2022
Evans (PA)
PA • D
Sponsored 3/29/2022
Rep. Spanberger, Abigail Davis [D-VA-7]
VA • D
Sponsored 3/30/2022
Jeffries
NY • D
Sponsored 3/30/2022
Rep. Axne, Cynthia [D-IA-3]
IA • D
Sponsored 3/31/2022
Roll Call Votes
No roll call votes available for this bill.
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