[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3044 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3044
To provide certain assistance for the Commonwealth of Puerto Rico, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2016
Mr. Sanders introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide certain assistance for the Commonwealth of Puerto Rico, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Puerto Rico
Humanitarian Relief and Reconstruction Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Commonwealth.
TITLE I--SENSE OF CONGRESS ON DEBT HELD BY THE COMMONWEALTH
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Sense of Congress.
TITLE II--PUERTO RICO RECONSTRUCTION FINANCE CORPORATION
Sec. 201. Definitions.
Sec. 202. Establishment and funding.
Sec. 203. Board of the Corporation.
Sec. 204. Duties.
Sec. 205. Default by the Commonwealth or a municipality of the
Commonwealth.
Sec. 206. Rule of construction.
TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY
Sec. 301. Amendment.
Sec. 302. Effective date; application of amendment.
Sec. 303. Severability.
TITLE IV--ADDRESSING HEALTH CARE DISPARITIES IN THE COMMONWEALTH
Subtitle A--Medicaid
Sec. 411. Elimination of general Medicaid funding limitations (``cap'')
for Puerto Rico.
Sec. 412. Elimination of specific Federal medical assistance percentage
(FMAP) limitation for Puerto Rico.
Sec. 413. Application of 100 percent Federal poverty line (FPL)
limitation to Puerto Rico.
Sec. 414. Extension of application of Medicare payment floor to primary
care services furnished in Puerto Rico
under Medicaid and application to
additional providers.
Subtitle B--Medicare Provisions
Sec. 421. Application of part B deemed enrollment process to residents
of Puerto Rico; special enrollment period
and limit on late enrollment penalties.
Sec. 422. Puerto Rico practice expense GPCI improvement.
Sec. 423. Permanent extension of incentive payments for primary care
services furnished in Puerto Rico.
Subtitle C--National Environmental Public Health Tracking and Studies
Sec. 431. National Environmental Public Health Tracking.
Sec. 432. Study on environmental, biological, and health data from the
island of Vieques, Puerto Rico.
TITLE V--INFRASTRUCTURE INVESTMENTS
Subtitle A--Energy Infrastructure Incentives
Sec. 511. Grant program to promote of access to renewable energy and
energy efficiency for Puerto Rico.
Sec. 512. Incentives for energy efficient commercial buildings.
Sec. 513. Incentives for new energy efficient homes.
Subtitle B--Transportation, Housing, and Agriculture Infrastructure
Incentives
Sec. 521. General provisions.
Sec. 522. Highway program.
Sec. 523. TIGER discretionary grants.
Sec. 524. Passenger and freight rail improvements.
Sec. 525. Airport Improvement Program.
Sec. 526. Clean and safe water revolving funds.
Sec. 527. Rural Utilities Service programs.
Sec. 528. Rural Energy for America Program.
Sec. 529. Construction of ferry boats and ferry terminal facilities.
Sec. 530. Corps of Engineers funds.
Sec. 531. Predisaster hazard mitigation and resiliency.
Sec. 532. Broadband programs.
Sec. 533. Housing and community development.
TITLE VI--EARNED INCOME TAX CREDIT AND TAX EQUALIZATION MEASURES
Sec. 611. Puerto Rico residents eligible for earned income tax credit.
Sec. 612. Equitable treatment for residents of Puerto Rico with respect
to the refundable portion of the child tax
credit.
TITLE VII--PUERTO RICO DETERMINATION ON STATUS
Sec. 701. Vote regarding status.
Sec. 702. Certification and transmittal of results.
Sec. 703. Transition process.
Sec. 704. Rules for elections for Federal offices.
Sec. 705. Issuance of Presidential proclamation.
Sec. 706. State of Puerto Rico.
Sec. 707. Effect on membership of House of Representatives.
SEC. 2. DEFINITION OF COMMONWEALTH.
In this Act, the term ``Commonwealth'' means the Commonwealth of
Puerto Rico.
TITLE I--SENSE OF CONGRESS ON DEBT HELD BY THE COMMONWEALTH
SEC. 101. FINDINGS.
Congress finds that--
(1) in 2015, a Commission for the Comprehensive Audit of
Puerto Rico's Public Debt was established in Puerto Rico under
Act 97; and
(2) the Commission for the Comprehensive Audit of Puerto
Rico's Public Debt is currently conducting an audit of the debt
held by Puerto Rico.
SEC. 102. PURPOSES.
The purposes of this Act are--
(1) to ensure that pensions of ordinary investors are
protected; and
(2) to ensure that Wall Street speculators are not able to
profit from the misfortune of United States citizens, including
the 3,500,000 people in Puerto Rico.
SEC. 103. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) if the Commission for the Comprehensive Audit of Puerto
Rico's Public Debt finds that any of the debt held by Puerto
Rico was acquired in violation of the Constitution of Puerto
Rico, the Puerto Rican government should immediately set aside
this debt and suggest to holders of this debt that they seek
redress from the investment banks that helped market and sell
these unconstitutional instruments;
(2) the Board of Governors of the Federal Reserve System
has the authority to provide emergency financing to Puerto Rico
to facilitate an orderly restructuring of the debt held by
Puerto Rico under sections 13(3) and 14(2)(b) of the Federal
Reserve Act (12 U.S.C. 343 and 355); and
(3) Puerto Rico is experiencing a humanitarian crisis, and
that the American government must meet the basic human needs of
its citizens ahead of the profits of Wall Street.
TITLE II--PUERTO RICO RECONSTRUCTION FINANCE CORPORATION
SEC. 201. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of the
Corporation.
(2) Bond.--The term ``Bond'' means a bond, loan, line of
credit, note, or other borrowing title, in physical or
dematerialized form, of which--
(A) the issuer, borrower, or guarantor is a
municipality or the Commonwealth; and
(B) the date of issuance or incurrence of debt
precedes the date of enactment of this Act.
(3) Corporation.--The term ``Corporation'' means the Puerto
Rico Reconstruction Finance Corporation established under
section 202.
(4) Municipality.--The term ``municipality''--
(A) includes any political subdivision, public
agency, instrumentality or instrumentality of the
Commonwealth; and
(B) should be broadly construed to effectuate the
purposes of this title.
SEC. 202. ESTABLISHMENT AND FUNDING.
There is established a public bank with the authority to draw upon
the Exchange Stabilization Fund, to be known as the ``Reconstruction
Finance Corporation of Puerto Rico''.
SEC. 203. BOARD OF THE CORPORATION.
(a) In General.--The Corporation shall have a board consisting of 7
members, including a chairman, of whom all shall--
(1) reside in Puerto Rico;
(2) have expertise in the economy, culture, history, and
government of Puerto Rico; and
(3) represent the interests of labor, agriculture, small
business, and the environment.
(b) Appointment.--
(1) In general.--The President shall appoint the individual
members of the Board, of whom--
(A) 4 members should be selected from a list
submitted by the legislative branch of the Puerto Rican
government;
(B) 2 members should be selected from a list
submitted by the Governor of Puerto Rico; and
(C) 1 member may be selected in the sole discretion
of the President.
(2) Advice and consent.--With respect to the appointment of
a Board member described in subparagraph (A) or (B) of
paragraph (1), such an appointment shall be by and with the
advice and consent of the Senate, unless the President appoints
an individual from a list, as provided in this subsection, in
which case no Senate confirmation is required.
(c) Term.--Each member of the Board shall serve a term of 4 years
and may be reappointed after the expiration of a term.
(d) Ethics.--
(1) Conflict of interest.--Notwithstanding any ethics
provision governing employees of the Commonwealth, all members
and staff of the Board shall be subject to the Federal conflict
of interest requirements described in section 208 of title 18,
United States Code.
(2) Financial disclosure.--Notwithstanding any ethics
provision governing employees of the Commonwealth, all members
of the Board and staff designated by the Board shall be subject
to disclosure of their financial interests, the contents of
which shall conform to the same requirements set forth in
section 102 of the Ethics in Government Act of 1978 (5 U.S.C.
App.).
SEC. 204. DUTIES.
The Board may--
(1) hire and pay members of the Board and staff;
(2) organize the affairs in accordance with bylaws approved
by the Board;
(3) discount any note or Bond from any public entity in the
Commonwealth upon approval of a majority of the Board;
(4) make any expenditure the Board determines is necessary
to address the humanitarian crisis in the Commonwealth and
restore economic growth;
(5) authorize expenditures and lending activities,
including discounting any note or offering a financial
guarantee, by an affirmative vote of a majority of the members
of the Board;
(6) negotiate with the Commonwealth or a municipality that
has defaulted on a Bond over budgets, revenues, and
appropriations;
(7) remove a stay under section 205(d);
(8) discount Bonds and notes from the Commonwealth or a
municipality;
(9) may reduce the par value of any such Bond; and
(10) protect the public pensions in the Commonwealth as
well as ordinary investors and pension funds in the United
States.
SEC. 205. DEFAULT BY THE COMMONWEALTH OR A MUNICIPALITY OF THE
COMMONWEALTH.
(a) Who May File an Application With the Corporation.--An entity
may file an application with the Corporation under this title if and
only if such entity--
(1) is a municipality or the Commonwealth;
(2) is specifically authorized, in its capacity as a
municipality or the Commonwealth or by name, to file an
application with the Corporation under this title by
Commonwealth law, by the Corporation itself, or by a
governmental officer or organization empowered by Commonwealth
law to authorize such entity to file an application with the
Corporation under this title;
(3) desires to and is authorized by Commonwealth law, by
the Corporation itself, or by a governmental officer or
organization empowered by Commonwealth law to make such
authorization to restructure its Bond debts; and
(4)(A) has obtained the agreement of creditors holding at
least a majority in amount of the claims that such entity
intends to impair under a plan in a case under this title;
(B) has negotiated in good faith with creditors and has
failed to obtain the agreement of creditors holding at least a
majority in amount of the claims of each class that such entity
intends to impair under a plan in a case under this title; or
(C) is unable to negotiate with creditors because such
negotiation is impracticable, as determined by the entity.
(b) Application.--The Commonwealth or a municipality may file with
the Corporation an application that the Commonwealth or municipality
that the Commonwealth or municipality--
(1) meets the requirements described in subsection (a); and
(2) desires to restructure its debt.
(c) Purchase of Bonds.--
(1) In general.--If the Commonwealth or a municipality
files an application under subsection (b) and the Board, by an
affirmative vote of a majority of the members of the Board,
accepts the application--
(A) the Corporation shall purchase each Bond from
the holder of the Bond issued by the Commonwealth or
municipality at the price paid for the Bond by the
holder of the Bond; and
(B) the par value of each Bond issued by the
Commonwealth or municipality shall be reduced to the
last price paid for that Bond.
(2) Authority of corporation.--The Corporation may examine
records of sales of Bonds to determine whether the price paid
by the holder of a Bond is not fraudulent.
(3) Misrepresentation of bond purchase price.--Any person
that violates paragraph (1) shall be subject to the penalties
under section 10 of the Securities Exchange Act of 1934 (15
U.S.C. 78j) in the same manner and to the same extent as if the
person had violated that section.
(4) Bond insurers.--Any insurer of a Bond issued by the
Commonwealth or a municipality on which the Commonwealth or
municipality has defaulted shall not be liable to the holder of
a Bond for any amount that is greater than the purchase price
of the Bond if the insurer demonstrates to the satisfaction of
the Corporation that the solvency of the issuer would be
affected by the restructuring of the Bond.
(5) Payments as final settlement.--Amounts paid by the
Corporation for bonds under this subsection shall be in full
and final settlement of any and all debts, claims, and liens
with respect to such bonds.
(d) Automatic Stay.--
(1) Except as otherwise provided in this section, the
filing and acceptance of an application under subsection (b)
operates with respect to any claim, debt, or cause of action
related to a Bond as a stay, applicable to all entities (as
such term is defined in section 101 of title 11, United States
Code), of--
(A) the commencement or continuation, including the
issuance or employment of process, of a judicial,
administrative, or other action or proceeding against
the Commonwealth or a municipality, or to recover a
claim against the Commonwealth or a municipality;
(B) the enforcement, against the Commonwealth or a
municipality or against property of the Commonwealth or
a municipality, of a judgment;
(C) any act to obtain possession of property of the
Commonwealth or a municipality, or of property from the
Commonwealth or a municipality, or to exercise control
over property of the Commonwealth or a municipality;
(D) any act to create, perfect, or enforce any lien
against property of the Commonwealth or a municipality;
(E) any act to create, perfect, or enforce against
property of the Commonwealth or a municipality any lien
to the extent that such lien secures a claim;
(F) any act to collect, assess, or recover a claim
against the Commonwealth or a municipality; and
(G) the setoff of any debt owing to the
Commonwealth or a municipality against any claim
against the Commonwealth or a municipality.
(2) On motion of a party in interest and after notice and a
hearing, the Board may grant relief from a stay under paragraph
(1)--
(A) for cause, including the lack of adequate
protection of a security interest in property of such
party in interest; or
(B) with respect to a stay of an act against
property under paragraph (1), if--
(i) the applying entity does not have an
equity in such property; and
(ii) such property is not necessary for the
Commonwealth or municipality to provide
essential services.
(3) Thirty days after a request under paragraph (4) for
relief from the stay of any act against property of the
Commonwealth or a municipality under paragraph (1), such stay
is terminated with respect to the party in interest making such
request, unless the Board, after notice and a hearing, orders
such stay continued in effect pending the conclusion of, or as
a result of, a final hearing and determination under paragraph
(4). A hearing under this subsection may be a preliminary
hearing, or may be consolidated with the final hearing under
paragraph (4). The Corporation shall order such stay continued
in effect pending the conclusion of the final hearing under
paragraph (4) if there is a reasonable likelihood that the
party opposing relief from such stay will prevail at the
conclusion of such final hearing. If the hearing under this
subsection is a preliminary hearing, then such final hearing
shall be concluded not later than 30 days after the conclusion
of such preliminary hearing, unless the 30-day period is
extended with the consent of the parties in interest or for a
specific time which the Corporation finds is required by
compelling circumstances.
(4) Upon request of a party in interest, the Corporation,
with or without a hearing, shall grant such relief from the
stay provided under paragraph (1) as is necessary to prevent
irreparable damage to the secured interest of an entity in
property, if such interest will suffer such damage before there
is an opportunity for notice and a hearing under paragraph (2)
or (3).
(5) No order, judgment, or decree entered in violation of
this section shall have any force or effect.
(6) In any hearing under paragraph (2) or (3) concerning
relief from a stay--
(A) the party requesting such relief has the burden
of proof on the issue of the applying entity's equity
in property; and
(B) the party opposing such relief has the burden
of proof on all other issues.
SEC. 206. RULE OF CONSTRUCTION.
No application submitted or accepted under this title shall be
permitted to diminish or impair any pension benefit, or the funding
obligations for such a benefit, nor shall it permit the impairment or
rejection of any agreement between a debtor and any labor organization.
TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY
SEC. 301. AMENDMENT.
Section 101(52) of title 11, United States Code, is amended to read
as follows:
``(52) The term `State' includes Puerto Rico and, except
for the purpose of defining who may be a debtor under chapter 9
of this title, includes the District of Columbia.''.
SEC. 302. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) Effective Date.--Except as provided in subsection (b), this
title and the amendment made by this title shall take effect on the
date of the enactment of this Act.
(b) Application of Amendment.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this title shall apply with respect to--
(A) cases commenced under title 11 of the United
States Code on or after the date of the enactment of
this Act; and
(B) debts, claims, and liens created before, on, or
after such date.
(2) Exception.--No case commenced by a municipality of
Puerto Rico under chapter 9 of title 11, United States Code,
shall permit--
(A) the diminishment or impairment of any pension
benefit, or the funding obligations for such a benefit;
or
(B) the impairment or rejection of any agreement
between a debtor and any labor organization.
SEC. 303. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or the application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and the amendments made by this title, or the application of that
provision or amendment to other persons or circumstances, shall not be
affected.
TITLE IV--ADDRESSING HEALTH CARE DISPARITIES IN THE COMMONWEALTH
Subtitle A--Medicaid
SEC. 411. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS (``CAP'')
FOR PUERTO RICO.
(a) In General.--Section 1108 of the Social Security Act (42 U.S.C.
1308) is amended--
(1) in subsection (f), in the matter before paragraph (1),
by striking ``subsection (g)'' and inserting ``subsections (g)
and (h)'';
(2) in subsection (g)(2), in the matter before subparagraph
(A), by inserting ``and subsection (h)'' after ``paragraphs (3)
and (5)''; and
(3) by adding at the end the following new subsection:
``(h) Sunset of Medicaid Funding Limitations for Puerto Rico.--
Subsections (f) and (g) shall not apply to Puerto Rico beginning with
fiscal year 2017.''.
(b) Conforming Amendments.--
(1) Section 1903(u) of the Social Security Act (42 U.S.C.
1396b(u)) is amended by striking ``Puerto Rico,''.
(2) Section 1323(c)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18043(c)(1)) is amended by
striking ``ending with 2019'' and inserting the following:
``ending with--
``(A) for purposes of payment pursuant to
subsection (a) to Puerto Rico, 2016; and
``(B) for purposes of payment pursuant to
subsection (a) to another territory, 2019.''.
(c) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2017.
SEC. 412. ELIMINATION OF SPECIFIC FEDERAL MEDICAL ASSISTANCE PERCENTAGE
(FMAP) LIMITATION FOR PUERTO RICO.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in clause (2) of subsection (b), by striking ``Puerto
Rico,''; and
(2) in subsection (y)(1), in the matter preceding
subparagraph (A)--
(A) by inserting ``, for fiscal years before fiscal
year 2017,'' before ``is one of the''; and
(B) by inserting ``and, for fiscal year 2017 and
subsequent fiscal years, is one of the 50 States, the
District of Columbia, or Puerto Rico,'' after ``the
District of Columbia''.
(b) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2017.
SEC. 413. APPLICATION OF 100 PERCENT FEDERAL POVERTY LINE (FPL)
LIMITATION TO PUERTO RICO.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(10)(A)(i)(VIII), by inserting ``(or,
subject to subsection (j), 100 percent in the case of Puerto
Rico)'' after ``133 percent''; and
(2) in subsection (j)--
(A) by inserting ``(1)'' after ``(j)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) Subject to subparagraph (B), Federal financial
participation shall not be available to Puerto Rico for medical
assistance for an individual whose family income exceeds 100 percent of
the poverty line (as defined in section 2110(c)(5)) for a family of the
size involved, except in the case of individuals qualifying for medical
assistance under subsection (a)(10)(A)(i)(IX).
``(B) The Secretary may, under section 1115, waive the limitation
under subparagraph (A). In carrying out this subparagraph, the
Secretary shall take into account the eligibility levels established
under the State plan of Puerto Rico before the date of the enactment of
this paragraph.''.
(b) Not Applying 5 Percent Disregard.--Section 1902(e)(14)(I) of
the Social Security Act (42 U.S.C. 1396b(e)(14)(I)) is amended by
adding at the end the following:
``The previous sentence shall not apply to Puerto
Rico.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to eligibility determinations made with respect to
items and services furnished on or after October 1, 2016.
SEC. 414. EXTENSION OF APPLICATION OF MEDICARE PAYMENT FLOOR TO PRIMARY
CARE SERVICES FURNISHED IN PUERTO RICO UNDER MEDICAID AND
APPLICATION TO ADDITIONAL PROVIDERS.
(a) In General.--Section 1902(a)(13) of the Social Security Act (42
U.S.C. 1396a(a)(13)) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the semicolon at the
end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) payment for primary care services (as defined
in subsection (jj)) at a rate that is not less than 100
percent of the payment rate that applies to such
services and physician under part B of title XVIII (or,
if greater, the payment rate that would be applicable
under such part if the conversion factor under section
1848(d) for the year involved were the conversion
factor under such section for 2009), and that is not
less than the rate that would otherwise apply to such
services under this title if the rate were determined
without regard to this subparagraph, and that are
furnished in Puerto Rico on or after January 1, 2017--
``(i) by a physician with a primary
specialty designation of family medicine,
general internal medicine, or pediatric
medicine, but only if the physician self-
attests that--
``(I) the physician is Board
certified in family medicine, general
internal medicine, or pediatric
medicine; or
``(II) with respect to the most
recently completed calendar year (or in
the case of a newly eligible physician,
the preceding month), 60 percent of all
services the physician billed for under
the State plan or a waiver under this
title, or provided through a medicaid
managed care organization (as defined
in section 1903(m)(1)(A)), were for
services described in subparagraph (A)
or (B) of subsection (jj)(1);
``(ii) by a physician with a primary
specialty designation of obstetrics and
gynecology, but only if the physician self-
attests that--
``(I) the physician is Board
certified in obstetrics and gynecology;
and
``(II) with respect to the most
recently completed calendar year (or in
the case of a newly eligible physician,
the preceding month), 60 percent of all
services the physician billed for under
the State plan or a waiver under this
title, or provided through a medicaid
managed care organization (as defined
in section 1903(m)(1)(A)), were for
services described in subparagraph (A)
or (B) of subsection (jj)(1);
``(iii) by an advanced practice clinician,
as defined by the Secretary, that works under
the supervision of--
``(I) a physician that satisfies
the criteria specified in clause (i) or
(ii); or
``(II) a nurse practitioner or a
physician assistant (as such terms are
defined in section 1861(aa)(5)(A)) who
is working in accordance with State
law, or a certified nurse-midwife (as
defined in section 1861(gg)) who is
working in accordance with State law,
but only if the nurse practitioner,
physician assistant, or certified
nurse-midwife self-attests that, with
respect to the most recently completed
calendar year (or in the case of a
newly eligible nurse practitioner,
physician assistant, or certified
nurse-midwife, the preceding month), 60
percent of all services the nurse
practitioner, physician assistant, or
certified nurse-midwife billed for
under the State plan or a waiver under
this title, or provided through a
medicaid managed care organization (as
defined in section 1903(m)(1)(A)), were
for services described in subparagraph
(A) or (B) of subsection (jj)(1);
``(iv) by a rural health clinic, Federally-
qualified health center, or other health clinic
that receives reimbursement on a fee schedule
applicable to a physician, a nurse practitioner
or a physician assistant (as such terms are
defined in section 1861(aa)(5)(A)) who is
working in accordance with State law, or a
certified nurse-midwife (as defined in section
1861(gg)) who is working in accordance with
State law, for services furnished by a
physician, nurse practitioner, physician
assistant, or certified nurse-midwife, or
services furnished by an advanced practice
clinician supervised by a physician described
in clause (i)(I) or (ii)(I), another advanced
practice clinician, or a certified nurse-
midwife, but only if the rural health clinic or
Federally-qualified health center self-attests
that 60 percent of all services billed for
under the State plan or a waiver under this
title, or provided through a medicaid managed
care organization (as defined in section
1903(m)(1)(A)), were for services described in
subparagraph (A) or (B) of subsection (jj)(1);
or
``(v) by a nurse practitioner or a
physician assistant (as such terms are defined
in section 1861(aa)(5)(A)) who is working in
accordance with State law, or a certified
nurse-midwife (as defined in section 1861(gg))
who is working in accordance with State law, in
accordance with procedures that ensure that the
portion of the payment for such services that
the nurse practitioner, physician assistant, or
certified nurse-midwife is paid is not less
than the amount that the nurse practitioner,
physician assistant, or certified nurse-midwife
would be paid if the services were provided
under part B of title XVIII, but only if the
nurse practitioner, physician assistant, or
certified nurse-midwife self-attests that, with
respect to the most recently completed calendar
year (or in the case of a newly eligible nurse
practitioner, physician assistant, or certified
nurse-midwife, the preceding month), 60 percent
of all services the nurse practitioner,
physician assistant, or certified nurse-midwife
billed for under the State plan or a waiver
under this title, or provided through a
medicaid managed care organization (as defined
in section 1903(m)(1)(A)), were for services
described in subparagraph (A) or (B) of
subsection (jj)(1);''.
(b) Conforming Amendments.--
(1) Section 1905(dd) of the Social Security Act (42 U.S.C.
1396(dd)) is amended--
(A) by inserting the following sentence after the
first sentence: ``Notwithstanding subsection (b), with
respect to the portion of the amounts expended for
medical assistance for services described in section
1902(a)(13)(D) furnished in Puerto Rico on or after
January 1, 2017, that is attributable to the amount by
which the minimum payment rate required under such
section (or, by application, section 1932(f)) exceeds
the payment rate applicable to such services under the
State plan as of July 1, 2009, the Federal medical
assistance percentage shall be equal to 100 percent.'';
and
(B) in the last sentence, by striking ``preceding
sentence does not'' and inserting ``preceding sentences
do not''.
(2) Section 1932(f) of the Social Security Act (42 U.S.C.
1396u-2(f)) is amended--
(A) by striking ``section 1902(a)(13)(C)'' and
inserting ``subparagraph (C) or (D) of section
1902(a)(13)''; and
(B) by striking ``specified in such section'' and
inserting ``specified in such subparagraphs''.
Subtitle B--Medicare Provisions
SEC. 421. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO RESIDENTS
OF PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND LIMIT ON
LATE ENROLLMENT PENALTIES.
(a) Application of Part B Deemed Enrollment Process to Residents of
Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C.
1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals whose initial enrollment period under section
1837(d) of the Social Security Act begins on or after the first day of
the effective month, specified by the Secretary of Health and Human
Services under section 1839(j)(1)(C) of such Act, as added by
subsection (c)(2).
(c) Transition Providing Special Enrollment Period and Limit on
Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section
1839 of the Social Security Act (42 U.S.C. 1395r) is amended--
(1) in the first sentence of subsection (b), by inserting
``subject to section 1839(j)(2),'' after ``subsection (i)(4) or
(l) of section 1837,''; and
(2) by adding at the end the following new subsection:
``(j) Special Rules for Certain Residents of Puerto Rico.--
``(1) Special enrollment period, coverage period for
residents who are eligible but not enrolled.--
``(A) In general.--In the case of a transition
individual (as defined in paragraph (3)) who is not
enrolled under this part as of the day before the first
day of the effective month (as defined in subparagraph
(C)), the Secretary shall provide for a special
enrollment period under section 1837 of 7 months
beginning with such effective month during which the
individual may be enrolled under this part.
``(B) Coverage period.--In the case of such an
individual who enrolls during such special enrollment
period, the coverage period under section 1838 shall
begin on the first day of the second month after the
month in which the individual enrolls.
``(C) Effective month defined.--In this section,
the term `effective month' means a month, not earlier
than October 2017 and not later than January 2018,
specified by the Secretary.
``(2) Reduction in late enrollment penalties for current
enrollees and individuals enrolling during transition.--
``(A) In general.--In the case of a transition
individual who is enrolled under this part as of the
day before the first day of the effective month or who
enrolls under this part on or after the date of the
enactment of this subsection but before the end of the
special enrollment period under paragraph (1)(A), the
amount of the late enrollment penalty imposed under
section 1839(b) shall be recalculated by reducing the
penalty to 15 percent of the penalty otherwise
established.
``(B) Application.--Subparagraph (A) shall be
applied in the case of a transition individual who--
``(i) is enrolled under this part as of the
month before the effective month, for premiums
for months beginning with such effective month;
or
``(ii) enrolls under this part on or after
the date of the enactment of this Act and
before the end of the special enrollment period
under paragraph (1)(A), for premiums for months
during the coverage period under this part
which occur during or after the effective
month.
``(C) Loss of reduction if individual terminates
enrollment.--Subparagraph (A) shall not apply to a
transition individual if the individual terminates
enrollment under this part after the end of the special
enrollment period under paragraph (1).
``(3) Transition individual defined.--In this section, the
term `transition individual' means an individual who resides in
Puerto Rico and who would have been deemed enrolled under this
part pursuant to section 1837(f) before the first day of the
effective month but for the fact that the individual was a
resident of Puerto Rico, regardless of whether the individual
is enrolled under this part as of such first day.''.
SEC. 422. PUERTO RICO PRACTICE EXPENSE GPCI IMPROVEMENT.
Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)) is amended--
(1) in subparagraph (A), by striking ``and (I)'' and
inserting ``(I), and (J)''; and
(2) by adding at the end the following new subparagraph:
``(J) Floor for practice expense index for services
furnished in puerto rico.--
``(i) In general.--For purposes of payment
for services furnished in Puerto Rico in a year
(beginning with 2017), after calculating the
practice expense index in subparagraph (A)(i)
for Puerto Rico, if such index is below the
reference index (as defined in clause (ii)) for
the year, the Secretary shall increase such
index for Puerto Rico to equal the value of the
reference index for the year. The preceding
sentence shall not be applied in a budget
neutral manner.
``(ii) Reference index defined.--In this
subparagraph, the term `reference index' means,
with respect to a year, 0.800 or, if less, the
lowest practice expense index value for the
year for any area in the 50 States or the
District of Columbia.''.
SEC. 423. PERMANENT EXTENSION OF INCENTIVE PAYMENTS FOR PRIMARY CARE
SERVICES FURNISHED IN PUERTO RICO.
Section 1833(x)(1) of the Social Security Act (42 U.S.C.
1395l(x)(1)) is amended by inserting ``(and in the case of primary care
services furnished on or after January 1, 2017, in Puerto Rico)'' after
``2016''.
Subtitle C--National Environmental Public Health Tracking and Studies
SEC. 431. NATIONAL ENVIRONMENTAL PUBLIC HEALTH TRACKING.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Prevention and Control, shall
update the National Environmental Public Health Tracking Network of the
Centers for Disease Control and Prevention to include Puerto Rico
(including Vieques).
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 432. STUDY ON ENVIRONMENTAL, BIOLOGICAL, AND HEALTH DATA FROM THE
ISLAND OF VIEQUES, PUERTO RICO.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall award a
grant to an institution of higher education in Puerto Rico for the
conduct of a 3-year study, in collaboration with the Puerto Rico
Department of Health, on the environmental, biological, and health of
residents of Vieques, Puerto Rico and specifically whether and to what
extent past military exercises on Vieques have contributed to health
conditions experienced by some residents of Vieques.
(b) Elements.--The study conducted under subsection (a) shall
include--
(1) a review of the existing literature and previous public
health assessments;
(2) testing of drinking water, air, seafood, locally grown
produce, and soil samples;
(3) an analysis of previous biomonitoring studies in
Vieques;
(4) new biomonitoring testing to determine the source of
previously unexplained findings of metals in residents' blood,
urine, hair, or feces;
(5) biomonitoring control group testing from mainland
Puerto Rico; and
(6) an analysis of the impact of the cumulative effects of
exposure to multiple contaminants.
(c) Use of Funds.--All costs related to biomonitoring and
environmental testing under the study under subsection (a) shall be
paid for directly with funds awarded under the grant under such
subsection. Grant funds may be used to purchase testing equipment, as
needed.
(d) Final Report.--The recipient of the grant under subsection (a)
shall submit to the Secretary of Health and Human Services, a final
report under such grant. Not later than 30 days after the submission of
such report, the Secretary shall make such report public.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
TITLE V--INFRASTRUCTURE INVESTMENTS
Subtitle A--Energy Infrastructure Incentives
SEC. 511. GRANT PROGRAM TO PROMOTE OF ACCESS TO RENEWABLE ENERGY AND
ENERGY EFFICIENCY FOR PUERTO RICO.
(a) In General.--Upon application, the Secretary of the Treasury
shall, subject to the requirements of this section, provide a grant to
each eligible person who places in service specified energy property in
the Commonwealth to reimburse such person for a portion of the expense
of such property as provided in subsection (b). No grant shall be made
under this section with respect to any property unless--
(1) in the case of specified energy property which is
described in paragraph (1) of section 45(d) or clause (i) of
section 48(a)(3)(A) of the Internal Revenue Code of 1986
(determined without regard to any date by which construction
must begin), the construction of such property begins after the
date of the enactment of this Act and before January 1 of the
applicable calendar year, and
(2) in the case of any other specified energy property,
such property is placed in service after the date of the
enactment of this Act and before January 1 of the applicable
calendar year.
(b) Grant Amount.--
(1) In general.--The amount of the grant under subsection
(a) with respect to any specified energy property shall be the
applicable percentage of the basis of such property.
(2) Applicable percentage.--For purposes of paragraph (1),
the term ``applicable percentage'' means--
(A) 30 percent in the case of any property
described in paragraphs (1) through (4) of subsection
(d), and
(B) 10 percent in the case of any other property.
(3) Dollar limitations.--In the case of property described
in paragraph (1), (2), (6), or (7) of subsection (d), the
amount of any grant under this section with respect to such
property shall not exceed the limitation described in section
48(a)(5)(E), 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the
Internal Revenue Code of 1986, respectively, with respect to
such property.
(c) Time for Payment of Grant.--The Secretary of the Treasury shall
make payment of any grant under subsection (a) during the 60-day period
beginning on the later of--
(1) the date of the application for such grant, or
(2) the date the specified energy property for which the
grant is being made is placed in service.
(d) Specified Energy Property.--For purposes of this section, the
term ``specified energy property'' means any of the following:
(1) Qualified facilities.--Any qualified property (as
defined in section 48(a)(5)(D) of the Internal Revenue Code of
1986) which is part of a qualified facility (within the meaning
of section 45 of such Code) described in paragraph (1), (2),
(3), (4), (6), (7), (9), or (11) of section 45(d) of such Code
(determined without regard to any date by which construction
must begin).
(2) Qualified fuel cell property.--Any qualified fuel cell
property (as defined in section 48(c)(1) of such Code,
determined without regard to any termination date).
(3) Solar property.--Any property described in clause (i)
or (ii) of section 48(a)(3)(A) of such Code (determined without
regard to any termination date).
(4) Qualified small wind energy property.--Any qualified
small wind energy property (as defined in section 48(c)(4) of
such Code, determined without regard to any termination date).
(5) Geothermal property.--Any property described in clause
(iii) of section 48(a)(3)(A) of such Code.
(6) Qualified microturbine property.--Any qualified
microturbine property (as defined in section 48(c)(2) of such
Code, determined without regard to any termination date).
(7) Combined heat and power system property.--Any combined
heat and power system property (as defined in section 48(c)(3)
of such Code, determined without regard to subparagraph (A)(iv)
thereof).
(8) Geothermal heat pump property.--Any property described
in clause (vii) of section 48(a)(3)(A) of such Code (determined
without regard to any termination date).
Such term shall not include any property unless depreciation (or
amortization in lieu of depreciation) is allowable (or would be
allowable if section 933 of the Internal Revenue Code of 1986 were not
taken into account) with respect to such property.
(e) Eligible Person.--For purposes of this section, the term
``eligible person'' means--
(1) any individual that is a bona fide resident (as defined
under section 937 of the Internal Revenue Code of 1986) of the
Commonwealth, and
(2) any corporation which is organized under the laws of
the Commonwealth.
(f) Applicable Calendar Year.--For purposes of this section, the
term ``applicable calendar year'' means the calendar year following the
first calendar year in which the aggregate amount of grants paid under
subsection (a) exceeds $1,200,000,000.
(g) Other Definitions.--Terms used in this section which are also
used in section 45 or 48 of the Internal Revenue Code of 1986 shall
have the same meaning for purposes of this section as when used in such
section 45 or 48. Any reference in this section to the Secretary of the
Treasury shall be treated as including the Secretary's delegate.
(h) Application of Certain Rules.--In making grants under this
section, the Secretary of the Treasury shall apply rules similar to the
rules of section 50 of the Internal Revenue Code of 1986, except that
in applying subsection (b)(1) thereof ``Puerto Rico'' shall be
substituted for ``United States''. In applying such rules, if the
property is disposed of, or otherwise ceases to be specified energy
property, the Secretary of the Treasury shall provide for the recapture
of the appropriate percentage of the grant amount in such manner as the
Secretary of the Treasury determines appropriate.
(i) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
SEC. 512. INCENTIVES FOR ENERGY EFFICIENT COMMERCIAL BUILDINGS.
(a) Permanent Extension of Energy Efficient Commercial Buildings
Deduction.--Section 179D of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(b) Update of Standard.--
(1) In general.--Section 179D of the Internal Revenue Code
of 1986 is amended by striking ``Standard 90.1-2001'' each
place it appears and inserting ``the applicable ASHRAE
standard''.
(2) Applicable ashrae standard.--Section 179D(c)(2) of such
Code is amended to read as follows:
``(2) Applicable ashrae standard.--The term `applicable
ASHRAE standard' means--
``(A) Standard 90.1-2013 of the American Society of
Heating, Refrigerating, and Air Conditioning Engineers
and the Illuminating Engineering Society of North
America, or
``(B) in the case of any subsequent standard
adopted by the American Society of Heating,
Refrigerating, and Air Conditioning Engineers which
supersedes the standard described in subparagraph (A),
such subsequent standard.''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2015.
(c) Grant Program for Puerto Rico.--
(1) In general.--Upon application, the Secretary of the
Treasury shall, subject to the requirements of this subsection,
provide a grant to each eligible person who places in service
energy efficient building property to reimburse such person for
a portion of the expense of such property as provided in
paragraph (2). No grant shall be made under this subsection
with respect to any property unless such property is placed in
service on or before the last day of the applicable calendar
year.
(2) Grant amount.--The amount of the grant under paragraph
(1) with respect to any energy efficient building property
shall be equal to the product of--
(A) 35 percent, and
(B) the excess of--
(i) the product of--
(I) $1.80, and
(II) the square footage of the
building, over
(ii) the aggregate amount of all prior
grants under paragraph (1) with respect to the
building.
(3) Time for payment of grant.--The Secretary of the
Treasury shall make payment of any grant under paragraph (1)
during the 60-day period beginning on the later of--
(A) the date of the application for such grant, or
(B) the date the energy efficient commercial
building property for which the grant is being made is
placed in service.
(4) Energy efficient commercial building property.--For
purposes of this subsection, the term ``energy efficient
commercial building property'' has the meaning given such term
under section 179D(c) of the Internal Revenue Code of 1986,
except that--
(A) the determination of whether depreciation (or
amortization in lieu of depreciation) is allowable
under such section 179D(c)(1)(A) shall be made without
regard to section 933 of such Code, and
(B) such section 179D(c)(1)(B)(i) shall be applied
by substituting ``Puerto Rico'' for ``United States''.
(5) Eligible person.--For purposes of this subsection, the
term ``eligible person'' means--
(A) any individual that is a bona fide resident (as
defined under section 937 of the Internal Revenue Code
of 1986) of Puerto Rico, and
(B) any corporation which is organized under the
laws of the Commonwealth.
(6) Applicable calendar year.--For purposes of this
subsection, the term ``applicable calendar year'' means the
calendar year following the first calendar year in which the
aggregate amount of grants paid under subsection (a) exceeds
$400,000,000.
(7) Secretary of the treasury.--Any reference in this
subsection to the Secretary of the Treasury shall be treated as
including the Secretary's delegate.
(8) Application of special rules.--Rules similar to the
rules of subsections (d), (f), and (g) of section 179D of the
Internal Revenue Code of 1986 shall apply with respect to
grants under this subsection.
(9) Appropriations.--There is hereby appropriated to the
Secretary of the Treasury such sums as may be necessary to
carry out this subsection.
SEC. 513. INCENTIVES FOR NEW ENERGY EFFICIENT HOMES.
(a) Permanent Extension of New Energy Efficient Home Credit.--
Section 45L of the Internal Revenue Code of 1986 is amended by striking
subsection (g).
(b) Update of Standard.--
(1) In general.--Section 45L of the Internal Revenue Code
of 1986 is amended by striking ``the standards of chapter 4 of
the 2006 International Energy Conservation Code, as such Code
(including supplements) is in effect on January 1, 2006'' each
place it appears and inserting ``the applicable standards''.
(2) Applicable standards.--Section 45L of such Code, as
amended by subsection (a), is amended by adding at the end the
following new subsection:
``(h) Applicable Standards.--For purposes of this section, the term
`applicable standards' means, with respect to any dwelling unit, the
standards in effect for residential building energy efficiency under
the International Energy Conservation Code on the first day of the
taxable year in which construction for the dwelling unit commenced.''.
(3) Effective date.--The amendments made by this subsection
shall apply to homes acquired after December 31, 2015.
(c) Grant Program for Puerto Rico.--
(1) In general.--Upon application, the Secretary of the
Treasury shall, subject to the requirements of this subsection,
provide a grant to each eligible contractor with respect to
each qualified new energy efficient home which is--
(A) constructed by an eligible contractor, and
(B) acquired by a person from such eligible
contractor for use as a residence.
No grant shall be made under this subsection with respect to
any qualified new energy efficient home unless such home is
acquired by another person for use as a residence on or before
the last day of the applicable calendar year.
(2) Amount of grant.--The amount of the grant under
paragraph (1) with respect to any qualified new energy
efficient home is an amount equal to--
(A) in the case of a dwelling unit described in
paragraph (1) or (2) of section 45L(c) of the Internal
Revenue Code of 1986, $2,000, and
(B) in the case of a dwelling unit described in
paragraph (3) of section 45L(c) of the Internal Revenue
Code of 1986, $1,000.
(3) Time for payment of grant.--The Secretary of the
Treasury shall make payment of any grant under paragraph (1)
during the 60-day period beginning on the later of--
(A) the date of the application for such grant, or
(B) the date the qualified new energy efficient
home for which the grant is acquired by another person
for use as a residence.
(4) Qualified new energy efficient home.--For purposes of
this subsection, the term ``qualified new energy efficient
home'' has the meaning given such term under section 45L(b)(2)
of the Internal Revenue Code of 1986, except that--
(A) subparagraph (A) thereof shall be applied by
substituting ``Puerto Rico'' for ``the United States'',
and
(B) subparagraph (B) thereof shall be applied by
substituting ``the date of the enactment of section 513
of the Puerto Rico Humanitarian Relief and
Reconstruction Act'' for ``the date of the enactment of
this section''.
(5) Applicable calendar year.--For purposes of this
subsection, the term ``applicable calendar year'' means the
calendar year following the first calendar year in which the
aggregate amount of grants paid under subsection (a) exceeds
$400,000,000.
(6) Other terms.--Terms used in this subsection which are
also used in section 45L of the Internal Revenue Code of 1986
shall have the same meaning for purposes of this subsection as
when used in section 45L. Any reference in this subsection to
the Secretary of the Treasury shall be treated as including the
Secretary's delegate.
(7) Appropriations.--There is hereby appropriated to the
Secretary of the Treasury such sums as may be necessary to
carry out this subsection.
Subtitle B--Transportation, Housing, and Agriculture Infrastructure
Incentives
SEC. 521. GENERAL PROVISIONS.
(a) Waiver of Non-Federal Share.--Notwithstanding any other
provision of law, the non-Federal share of the cost of any program or
activity carried out using funds provided under this subtitle shall be
zero.
(b) Maintenance of Funding; Administrative Expenses.--
(1) Maintenance of funding.--The funding provided to any
program or account under this subtitle shall supplement (and
not supplant) any funding provided for that program or account
under any other provision of law.
(2) Administrative expenses.--Notwithstanding any other
provision of law (including regulations), of any funds provided
for a program or account under this subtitle, the applicable
Federal department or agency head may use such percentage for
administrative expenses as is established by the limitation for
administrative expenses in applicable laws (including
regulations) relating to the program or activity.
SEC. 522. HIGHWAY PROGRAM.
(a) Funding.--Out of funds of the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Transportation
$450,000,000 for each of fiscal years 2017 through 2026 to carry out
the Puerto Rico Highway Program under section 165(b) of title 23,
United States Code.
(b) Conforming Amendment.--Section 165(a)(1) of title 23, United
States Code, is amended by striking ``$158,000,000'' and inserting
``$608,000,000''.
SEC. 523. TIGER DISCRETIONARY GRANTS.
(a) Definition of TIGER Discretionary Grant.--In this section, the
term ``TIGER discretionary grant'' means a grant awarded and
administered by the Secretary of Transportation using funds made
available for national infrastructure investments under title I of
division L of the Consolidated Appropriations Act, 2016 (Public Law
114-113; 129 Stat. 2835).
(b) Requirement.--Out of funds of the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Transportation
$50,000,000 for each of fiscal years 2017 through 2021 to award TIGER
discretionary grants for eligible programs and activities in the
Commonwealth of Puerto Rico.
SEC. 524. PASSENGER AND FREIGHT RAIL IMPROVEMENTS.
(a) Funding.--Out of funds of the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Transportation
$120,000,000 for each of fiscal years 2017 through 2021 for planning
and capital costs to build, improve, or expand passenger and freight
rail projects in the Commonwealth under titles 23 and 49, United States
Code.
(b) Eligible Uses.--Of the amounts made available for each fiscal
year under subsection (a)--
(1) not more than 15 percent may be used for temporary
operating assistance for such rail and transit projects as the
Secretary of Transportation determines to be eligible; and
(2) not more than 50 percent may be allocated to another
transportation capital investment account funded under this
Act, on approval of the Secretary of Transportation.
SEC. 525. AIRPORT IMPROVEMENT PROGRAM.
Out of funds of the Treasury not otherwise appropriated, there is
appropriated to the Secretary of Transportation $40,000,000 for each of
fiscal years 2017 through 2021 to make grants under the Airport
Improvement Program under subchapter I of chapter 471 of title 49,
United States Code, for eligible programs and activities in the
Commonwealth.
SEC. 526. CLEAN AND SAFE WATER REVOLVING FUNDS.
Out of funds of the Treasury not otherwise appropriated, there is
appropriated to the Administrator of the Environmental Protection
Agency for each of fiscal years 2017 through 2021--
(1) $25,000,000 to make a capitalization grant to the
Commonwealth for the purpose of establishing and maintaining a
water pollution control revolving fund under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.);
and
(2) $25,000,000 to make a capitalization grant to the
Commonwealth for the purpose of establishing and maintaining a
drinking water treatment revolving loan fund under section
1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)).
SEC. 527. RURAL UTILITIES SERVICE PROGRAMS.
(a) Water and Environmental Programs.--Out of funds of the Treasury
not otherwise appropriated, there is appropriated to the Administrator
of the Rural Utilities Service $50,000,000 for each of fiscal years
2017 through 2021 to provide, for eligible programs and activities in
the Commonwealth--
(1) water or waste disposal grants or direct or guaranteed
loans under paragraph (1) or (2) of section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a));
(2) rural water or wastewater technical assistance and
training grants under section 306(a)(14) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)(14));
(3) emergency community water assistance grants under
section 306A of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926a); and
(4) solid waste management grants under section 310B(b) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(b)).
(b) Electric Program.--Out of funds of the Treasury not otherwise
appropriated, there is appropriated to the Administrator of the Rural
Utilities Service $50,000,000 for each of fiscal years 2017 through
2021 to provide electric infrastructure grants for eligible programs
and activities in the Commonwealth under the Rural Electrification Act
of 1936 (7 U.S.C. 901 et seq.).
SEC. 528. RURAL ENERGY FOR AMERICA PROGRAM.
Out of funds of the Treasury not otherwise appropriated, there is
appropriated to the Secretary of Agriculture $25,000,000 for each of
fiscal years 2017 through 2021 to provide financial assistance and
grants for eligible programs and activities in the Commonwealth under
section 9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107).
SEC. 529. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Out of funds of the Treasury not otherwise appropriated, there is
appropriated to the Secretary of Transportation $5,000,000 for each of
fiscal years 2017 through 2021 for the construction of ferry boats and
ferry terminal facilities in the Commonwealth under section 147 of
title 23, United States Code.
SEC. 530. CORPS OF ENGINEERS FUNDS.
(a) Construction Account.--Out of funds of the Treasury not
otherwise appropriated, there is appropriated to the Construction
Account of the Corps of Engineers $150,000,000 for each of fiscal years
2017 through 2021 for authorized navigation, coastal storm and riverine
flood damage reduction, ecosystem restoration, and environmental
infrastructure assistance activities in the Commonwealth, with priority
given to dredging the Cano Martin Pena.
(b) Operations and Maintenance Account.--Out of funds of the
Treasury not otherwise appropriated, there is appropriated to the
Operations and Maintenance Account of the Corps of Engineers
$75,000,000 for each of fiscal years 2017 through 2021 for eligible
operations and maintenance costs of coastal harbors and channels, and
for inland harbors, to improve the movement of goods through marine
ports in the Commonwealth.
SEC. 531. PREDISASTER HAZARD MITIGATION AND RESILIENCY.
Out of funds of the Treasury not otherwise appropriated, there is
appropriated to the Director of the Federal Emergency Management Agency
$50,000,000 for each of fiscal years 2017 through 2021 to carry out in
the Commonwealth minor localized flood reduction projects and major
flood risk reduction projects under the predisaster hazard mitigation
program under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133).
SEC. 532. BROADBAND PROGRAMS.
(a) Broadband Initiatives Program.--Out of funds of the Treasury
not otherwise appropriated, there is appropriated $30,000,000 for each
of fiscal years 2017 through 2021 for the broadband initiatives program
established under title VI of the Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.) to expand access to, and the quality of,
broadband service across the Commonwealth, with preference given to--
(1) public or cooperatively owned telecommunications
systems; or
(2) telecommunications systems that provide telehealth,
distance learning, and public safety benefits.
(b) BroadbandUSA Program.--Out of funds of the Treasury not
otherwise appropriated, there is appropriated $30,000,000 for each of
fiscal years 2017 through 2021 to the National Telecommunications and
Information Administration to carry out the BroadbandUSA program in the
Commonwealth, with preference given to--
(1) public or cooperatively owned telecommunications
systems; or
(2) telecommunications systems that provide telehealth,
distance learning, and public safety benefits.
SEC. 533. HOUSING AND COMMUNITY DEVELOPMENT.
(a) HOME Investment Partnerships Program.--
(1) All participating jurisdictions.--Out of funds of the
Treasury not otherwise appropriated, there is appropriated
$17,000,000 for each of fiscal years 2017 through 2021 for the
HOME Investment Partnerships program authorized under title II
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12721 et seq.) to be allocated proportionately among
participating jurisdictions in the Commonwealth in accordance
with the allocation among such jurisdictions for the most
recent fiscal year.
(2) Cano martin pena communities.--Out of funds of the
Treasury not otherwise appropriated, in addition to the amount
appropriated under paragraph (1), there is appropriated
$3,000,000 for each of fiscal years 2017 through 2021 for the
HOME Investment Partnerships program authorized under title II
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12721 et seq.) to be allocated to the HOME Investment
Partnership Program of the Municipality of San Juan for use by
the Cano Martin Pena Community Land Trust (also known as ``El
Fedeicomiso de la Tierra del Cano Martin Pena'') to create,
improve, and rehabilitate affordable housing in the 8 Cano
Martin Pena communities, including for the costs of relocating
homes from the banks of the channel to other locations in the
community.
(b) Community Development Block Grant Program.--
(1) All jurisdictions.--Out of funds of the Treasury not
otherwise appropriated, there is appropriated $60,000,000 for
each of fiscal years 2017 through 2021 for the community
development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
to be allocated proportionately among entitlement communities
and nonentitlement communities in the Commonwealth in
accordance with the allocation among such communities for the
most recent fiscal year.
(2) Cano martin pena communities.--Out of funds of the
Treasury not otherwise appropriated, in addition to the amount
appropriated under paragraph (1), there is appropriated
$5,000,000 for each of fiscal years 2017 through 2021 for the
community development block grant program under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) to be allocated to the Municipality of San Juan for
use by the Martin Pena Canal ENLACE Project Corporation (also
known as ``La Corporacion del Proyecto ENLACE del Cano Martin
Pena'') for housing, community, and economic development in the
8 Cano Martin Pena communities.
TITLE VI--EARNED INCOME TAX CREDIT AND TAX EQUALIZATION MEASURES
SEC. 611. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED INCOME TAX CREDIT.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(n) Residents of Puerto Rico.--
``(1) In general.--In the case of residents of Puerto
Rico--
``(A) the United States shall be treated as
including Puerto Rico for purposes of subsections
(c)(1)(A)(ii)(I) and (c)(3)(C),
``(B) subsection (c)(1)(D) shall not apply to
nonresident alien individuals who are residents of
Puerto Rico, and
``(C) adjusted gross income and gross income shall
be computed without regard to section 933 for purposes
of subsections (a)(2)(B) and (c)(2)(A)(i).
``(2) Limitation.--The credit allowed under this section by
reason of this subsection for any taxable year shall not exceed
the amount, determined under regulations or other guidance
promulgated by the Secretary, that a similarly situated
taxpayer would receive if residing in a State.''.
(b) Child Tax Credit Not Reduced.--Subclause (II) of section
24(d)(1)(B)(ii) of such Code is amended by inserting before the period
``(determined without regard to section 32(n) in the case of residents
of Puerto Rico)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 612. EQUITABLE TREATMENT FOR RESIDENTS OF PUERTO RICO WITH RESPECT
TO THE REFUNDABLE PORTION OF THE CHILD TAX CREDIT.
(a) In General.--Section 24(d)(1) of the Internal Revenue Code of
1986 is amended by inserting ``or section 933'' after ``section 112''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2015.
TITLE VII--PUERTO RICO DETERMINATION ON STATUS
SEC. 701. VOTE REGARDING STATUS.
(a) Vote.--
(1) In general.--Not later than January 31, 2018, the State
Elections Commission of Puerto Rico shall provide for a binding
vote or series of votes as described in paragraph (2), in
accordance with rules and regulations determined by the
Commission, including qualifications for voter eligibility.
(2) Regulations.--Not later than 90 days after the date of
enactment of this Act, the State Elections Commission of Puerto
Rico shall promulgate regulations governing the provision by
the State Elections Commission of a binding vote, or series of
binding votes, regarding whether Puerto Rico should--
(A) be admitted as a State of the United States;
(B) become a sovereign nation; or
(C) continue the status quo as a commonwealth
territory of the United States and simply reform the
government of the Commonwealth.
(b) Funds for Vote.--The funds made available pursuant to Public
Law 113-76 (128 Stat. 5) may be used to conduct the vote under this
section.
SEC. 702. CERTIFICATION AND TRANSMITTAL OF RESULTS.
Not later than 10 days after the certification of the vote by the
State Elections Commission of Puerto Rico, the Governor of Puerto Rico
shall transmit the certified results to the President of the United
States, the Speaker of the House of Representatives, and the President
pro tempore of the Senate.
SEC. 703. TRANSITION PROCESS.
If a majority of the votes cast in the vote conducted pursuant to
section 701 are for the admission of Puerto Rico into the United States
as a State, the following shall apply:
(1) Proclamation.--Within 30 calendar days of receipt of
the certified results transmitted pursuant to section 702, the
President shall issue a proclamation to begin the transition
process that will culminate in Puerto Rico's admission into the
United States as a State effective by not later than the date
that is 4 years after the date on which the vote under section
701 is certified by the State Elections Commission of Puerto
Rico.
(2) Commission.--
(A) Establishment.--Within 90 calendar days of
receipt of the certified results transmitted pursuant
to section 702, the President shall appoint a
commission, to be known as the ``Commission on the
Equal Application of Federal Law to Puerto Rico''
(referred to in this paragraph as the ``Commission'').
(B) Purpose.--The Commission shall survey the laws
of the United States and make recommendations to
Congress as to how laws that do not apply to the
territory or apply differently to the territory than to
the several States should be amended or repealed to
treat Puerto Rico equally with the several States as of
the date of the admission of Puerto Rico into the
United States as a State.
(C) Membership.--The Commission shall consist of 5
persons, at least 2 of whom shall be residents of
Puerto Rico.
(D) Report.--The Commission shall issue a final
report to the President of the United States, the
Speaker of the House of Representatives, and the
President pro tempore of the Senate by July 1, 2018.
(E) Termination.--Upon issuing the final report
under subparagraph (D), the Commission shall terminate.
(F) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.), other than
section 14, shall apply to the Commission.
SEC. 704. RULES FOR ELECTIONS FOR FEDERAL OFFICES.
(a) Preparation for Elections.--If a majority of the votes cast in
the vote conducted pursuant to section 701 are for the admission of
Puerto Rico into the United States as a State, not later than January
1, 2020, Puerto Rico shall carry out such actions as may be necessary
to enable Puerto Rico to hold elections for Federal office in November
2020 in accordance with this section.
(b) Presidential Election.--With respect to the election for the
office of President and Vice President held in November 2020--
(1) Puerto Rico shall be considered a State for purposes of
chapter 21 of title 3, United States Code;
(2) the electors of Puerto Rico shall be considered
electors of a State for purposes of such chapter; and
(3) for purposes of section 3 of such title, the number of
electors from Puerto Rico shall be equal to the number of
Senators and Representatives to which Puerto Rico is entitled
during the 117th Congress, as determined in accordance with
subsections (c) and (d).
(c) Election of Senators.--
(1) Election of 2 senators.--The regularly scheduled
general elections for Federal office held in Puerto Rico during
November 2020 shall include the election of 2 Senators, each of
whom shall first take office on the first day of the 117th
Congress.
(2) Special rule.--In the election of Senators from Puerto
Rico pursuant to paragraph (1), the 2 Senate offices shall be
separately identified and designated, and no person may be a
candidate for both offices. No such identification or
designation of either of the offices shall refer to, or be
taken to refer to, the terms of such offices, or in any way
impair the privilege of the Senate to determine the class to
which each of the Senators elected shall be assigned.
(d) Election of Representatives.--
(1) In general.--Effective on the first day of the 117th
Congress, and until the taking effect of the first
reapportionment occurring after the regular decennial census
conducted for 2020, Puerto Rico shall be entitled to the number
of Representatives to which Puerto Rico would have been
entitled for the 116th Congress if Puerto Rico had been a State
during such Congress, as shown in the statement transmitted by
the President to Congress under paragraph (2).
(2) Determination of initial number.--
(A) Determination.--Not later than July 1, 2019,
the President shall submit to Congress a statement of
the number of Representatives to which Puerto Rico
would have been entitled for the 116th Congress if
Puerto Rico had been a State during such Congress, in
the same manner as provided under section 22(a) of the
Act of June 28, 1929 (2 U.S.C. 2a(a)).
(B) Submission of number by clerk.--Not later than
15 calendar days after receiving the statement of the
President under subparagraph (A), the Clerk of the
House of Representatives, in accordance with section
22(b) of such Act (2 U.S.C. 2a(b)), shall transmit to
the Governor of Puerto Rico and the Speaker of the
House of Representatives a certificate of the number of
Representatives to which Puerto Rico is entitled during
the period described in paragraph (1).
(3) Termination of office of resident commissioner.--
Effective on the date on which a Representative from Puerto
Rico first takes office in accordance with this subsection, the
Office of the Resident Commissioner to the United States, as
described in section 36 of the Act of March 2, 1917 (48 U.S.C.
891 et seq.), is terminated.
(e) Administration of Primary Elections.--Puerto Rico may hold
primary elections for the offices described in this section at such
time and in such manner as Puerto Rico may provide, so long as such
elections are held in the manner required by the laws applicable to
elections for Federal office.
SEC. 705. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
Following the transition process set forth in section 703, if
applicable, the President shall issue a proclamation declaring that
Puerto Rico is admitted into the United States on an equal footing with
the other States, effective on the date that is 4 years after the date
on which the vote under section 701 is certified by the State Elections
Commission of Puerto Rico. Upon issuance of the proclamation by the
President, Puerto Rico shall be deemed admitted into the United States
as a State.
SEC. 706. STATE OF PUERTO RICO.
Upon the admission of Puerto Rico into the United States as a
State, the following shall apply:
(1) State constitution.--The Constitution of the
Commonwealth of Puerto Rico shall be accepted as the
Constitution of the State.
(2) Territory.--The State shall consist of all of the
territory, together with the waters included in the seaward
boundary, of the Commonwealth of Puerto Rico.
(3) Continuity of government.--The persons holding
legislative, executive, and judicial offices of the
Commonwealth of Puerto Rico shall continue to discharge the
duties of their respective offices.
(4) Continuity of laws.--
(A) Territory law.--All of the territory laws in
force in Puerto Rico shall continue in force and effect
in the State, except as modified by this Act, and shall
be subject to repeal or amendment by the Legislature
and the Governor of Puerto Rico.
(B) Federal law.--All of the laws of the United
States shall have the same force and effect as on the
date immediately prior to the date of admission of
Puerto Rico into the United States as a State, except
for any provision of law that treats Puerto Rico and
its residents differently than the States of the United
States and their residents, which shall be amended as
of the date of admission to treat the State of Puerto
Rico and its residents equally with the other States of
the United States and their residents.
SEC. 707. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Temporary Increase During Initial Period.--
(1) Temporary increase.--Upon the admission of Puerto Rico
into the United States as a State, during the period described
in paragraph (1) of section 704(d)--
(A) the membership of the House of Representatives
shall be increased by the number of Members to which
Puerto Rico is entitled during such period; and
(B) each such Representative shall be in addition
to the membership of the House of Representatives as
prescribed by law on the date of enactment of this Act.
(2) No effect on existing apportionment.--The temporary
increase in the membership of the House of Representatives
provided under paragraph (1) shall not, during the period
described in paragraph (1) of section 704(d)--
(A) operate to either increase or decrease the
permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (2 U.S.C. 2);
or
(B) affect the basis of reapportionment established
by section 22 of the Act of June 28, 1929 (2 U.S.C.
2a), for the 82nd Congress and each Congress
thereafter.
(b) Permanent Increase Effective With Next Reapportionment.--
(1) In general.--Upon the admission of Puerto Rico into the
United States as a State, effective with respect to the 118th
Congress and each succeeding Congress, the House of
Representatives shall be composed of a number of Members equal
to the sum of 435 plus the number by which the membership of
the House was increased under subsection (a).
(2) Reapportionment of members resulting from increase.--
(A) In general.--Section 22(a) of the Act of June
28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the
then existing number of Representatives'' and inserting
``the number of Representatives established with
respect to the 118th Congress''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the
regular decennial census conducted for 2020 and each
subsequent regular decennial census.
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