[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2381 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2381

 To provide assistance and support to the Commonwealth of Puerto Rico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2015

Mr. Hatch (for himself, Ms. Murkowski, and Mr. Grassley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To provide assistance and support to the Commonwealth of Puerto Rico.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Puerto Rico 
Assistance Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                             TITLE I--TAXES

Sec. 101. Temporary employee payroll tax cut for residents of United 
                            States possessions.
                       TITLE II--PUBLIC PENSIONS

Sec. 201. Study of Puerto Rico public pension debt.
Sec. 202. Reporting requirements generally applicable to State and 
                            local government pension plans.
Sec. 203. Annuity accumulation retirement plans of employees of State 
                            and local governments.
    TITLE III--PUERTO RICO FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

Sec. 301. Purposes.
Sec. 302. Definitions.
        Subtitle A--Establishment and Organization of Authority

Sec. 311. Commonwealth Financial Responsibility and Management 
                            Assistance Authority.
Sec. 312. Executive Director and staff.
Sec. 313. Powers of Authority.
Sec. 314. Exemption from liability for claims.
Sec. 315. Treatment of actions.
Sec. 316. Funding for operation of Authority.
Sec. 317. Suspension of activities.
Sec. 318. Application of laws of Commonwealth to Authority.
               Subtitle B--Responsibilities of Authority

                         Part I--Control Period

Sec. 321. Early opt-in authority.
Sec. 322. Certifications by Authority.
Sec. 323. Financial plan and budget for public corporations during 
                            control period.
Sec. 324. Financial plan and budget for the Commonwealth during a 
                            control period.
Sec. 325. Review to ensure compliance.
Sec. 326. Restrictions on borrowing.
Sec. 327. Finding of noncompliance.
Sec. 328. Recommendations regarding financial stability and management 
                            responsibility.
                       Part II--Issuance of Bonds

Sec. 331. Authority to issue bonds.
Sec. 332. Pledge of security interest in revenues of Commonwealth 
                            government.
Sec. 333. Establishment of debt service reserve fund.
Sec. 334. Other requirements for issuance of bonds.
Sec. 335. No full faith and credit of the United States.
                  Part III--Other Duties of Authority

Sec. 341. Duties of Authority during year other than control year.
Sec. 342. General assistance in achieving financial stability and 
                            management efficiency.
Sec. 343. Obtaining reports.
Sec. 344. Reports and comments.
                  Subtitle C--Chief Financial Officer

Sec. 351. Establishment of office.
Sec. 352. Appointment; removal.
Sec. 353. Functions of Chief Financial Officer.
                           Subtitle D--Effect

Sec. 361. Effect.
Sec. 362. Preemption.
                TITLE IV--ADDITIONAL REPORTS AND STUDIES

Sec. 401. Report on exclusion of territories from exchanges.
Sec. 402. Study of Puerto Rico public pension debt.
Sec. 403. Health and human services report.
                     TITLE V--TRANSITION ASSISTANCE

Sec. 501. Assistance by the Authority, if necessary, to assist 
                            transition to stability.
Sec. 502. Offset for transition assistance and Prevention and Public 
                            Health Fund.
                     TITLE VI--TECHNICAL ASSISTANCE

Sec. 601. Technical assistance to improve accounting, disclosure, and 
                            economic measurement practices in the 
                            territories.

                             TITLE I--TAXES

SEC. 101. TEMPORARY EMPLOYEE PAYROLL TAX CUT FOR RESIDENTS OF UNITED 
              STATES POSSESSIONS.

    (a) In General.--Notwithstanding any other provision of law, in the 
case of a qualified resident of a United States possession--
            (1) there shall be allowed a credit against the tax imposed 
        by section 1401(a) of the Internal Revenue Code of 1986 for any 
        taxable year which begins in the payroll tax holiday period an 
        amount equal to 3.1 percent of the lesser of--
                    (A) the self-employment income (as defined in 
                section 1402(b) of such Code) derived from sources 
                within a United States possession (as determined under 
                section 937(b) of such Code) for the taxable year, or
                    (B) the net earnings from self-employment (as 
                defined in section 1402(a) of such Code) for the 
                taxable year, and
            (2) with respect to remuneration received during the 
        payroll tax holiday period for services performed as an 
        employee within a United States possession (except amounts 
        received for services performed as an employee of the United 
        States or any agency thereof), the rate of tax under 3101(a) of 
        such Code shall be 3.1 percent (including for purposes of 
        determining the applicable percentage under sections 3201(a) 
        and 3211(a)(1) of such Code).
    (b) Special Rules.--
            (1) Application of rule for special refunds.--In the case 
        of an qualified resident of a United States possession to whom 
        subsection (a)(2) applies, the first sentence of section 
        6413(c)(1) of the Internal Revenue Code of 1986 shall be 
        applied by substituting for ``exceeds the tax with respect to 
        the amount of such wages received in such year which is equal 
        to such contribution and benefit base'' the following: 
        ``exceeds the sum of--
            ``(1) 3.1 percent of the lesser of--
                    ``(A) the wages received in such year to which 
                section 101(a)(2) of the Puerto Rico Assistance Act of 
                2015 applies, or
                    ``(B) the contribution and benefit base, plus
            ``(2) 6.2 percent of the lesser of--
                    ``(A) the wages received in such year to which such 
                section does not apply, or
                    ``(B) the contribution and benefits base reduced 
                (but not below zero) by the amount of wages taken into 
                account under paragraph (1).''.
            (2) Employer liability.--An employer who receives an 
        attestation from an employee, in such form and manner as 
        directed by the Secretary of the Treasury (or the Secretary's 
        delegate), that such employee is a qualified resident of a 
        United States possession shall not be liable under section 3102 
        or 3202 of the Internal Revenue Code of 1986 for any failure to 
        collect taxes in excess of the rate which applies under this 
        section unless a reasonable person would determine that such 
        attestation is not true and correct.
            (3) De minimis services.--For purposes of subsection 
        (a)(2), services performed as an employee outside of a United 
        States possession shall not be taken into account if such 
        services are de minimis.
    (c) Definitions.--
            (1) Qualified resident.--The term ``qualified resident'' 
        means, with respect to any calendar year, any individual--
                    (A) who was present in a United States possession 
                for at least 183 days during the preceding calendar 
                year, and
                    (B) who, as of the first day of the calendar year, 
                does not have a tax home (determined under the 
                principles of section 911(d)(3) of the Internal Revenue 
                Code of 1986 without regard to the second sentence 
                thereof) outside of a United States possession and does 
                not have a closer connection (determined under the 
                principles of section 7701(b)(3)(B)(ii) of such Code) 
                to the United States or a foreign country than to a 
                United States possession.
        For purposes of subparagraph (A), the determination of whether 
        a person is present for any day shall be made under the 
        principles of section 7701(b) of such Code.
            (2) United states possession.--The term ``United States 
        possession'' means Puerto Rico, American Samoa, Guam, the 
        Northern Mariana Islands, and the Virgin Islands.
            (3) Payroll tax holiday period.--The term ``payroll tax 
        holiday period'' means the period beginning after December 31, 
        2015, and ending before January 1, 2021.
    (d) Reduced Rate for 2020.--In the case of the period beginning 
after December 31, 2019, and ending before January 1, 2021, this 
section shall be applied--
            (1) by substituting ``1.55 percent'' for ``3.1 percent'' in 
        subsection (a)(1), and
            (2) by substituting ``4.65 percent'' for ``3.1 percent'' 
        each place it appears in subsections (a)(2) and (b).
    (e) Employer Notification.--The Secretary of the Treasury shall 
notify employers of the payroll tax holiday period in any manner the 
Secretary deems appropriate.
    (f) Transfers of Funds.--
            (1) Transfers to federal old-age and survivors insurance 
        trust fund.--There are hereby appropriated to the Federal Old-
        Age and Survivors Trust Fund and the Federal Disability 
        Insurance Trust Fund established under section 201 of the 
        Social Security Act (42 U.S.C. 401) amounts equal to the 
        reduction in revenues to the Treasury by reason of the 
        application of subsection (a). Amounts appropriated by the 
        preceding sentence shall be transferred from the general fund 
        at such times and in such manner as to replicate to the extent 
        possible the transfers which would have occurred to such Trust 
        Fund had such amendments not been enacted.
            (2) Transfers to social security equivalent benefit 
        account.--There are hereby appropriated to the Social Security 
        Equivalent Benefit Account established under section 15A(a) of 
        the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) 
        amounts equal to the reduction in revenues to the Treasury by 
        reason of the application of subsection (a)(2). Amounts 
        appropriated by the preceding sentence shall be transferred 
        from the general fund at such times and in such manner as to 
        replicate to the extent possible the transfers which would have 
        occurred to such Account had such amendments not been enacted.
            (3) Coordination with other laws.--For purposes of applying 
        any provision of law other than the provisions of the Internal 
        Revenue Code of 1986, the rate of tax in effect under section 
        3101(a) of such Code shall be determined without regard to the 
        reduction in such rate under this section.

                       TITLE II--PUBLIC PENSIONS

SEC. 201. STUDY OF PUERTO RICO PUBLIC PENSION DEBT.

    (a) In General.--Not later than 6 months after the establishment of 
the Puerto Rico Financial Responsibility and Management Assistance 
Authority under title III of this Act, the Joint Board for the 
Enrollment of Actuaries established under section 3041 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1241) shall report to 
such Authority and the Office of Domestic Finance of the Department of 
the Treasury on the following with respect to the Puerto Rico public 
pension plans:
            (1) Recommendations on actions that would be necessary to 
        ensure that such plans can be sustainably maintained and funded 
        by the government of Puerto Rico for the next 20 years.
            (2) Whether a freeze of future benefit accruals under such 
        plans is necessary or advisable.
            (3) The extent to which benefit reductions, such as have 
        been made in previous municipal bankruptcy proceedings, would 
        be necessary or advisable to attain sustainability for such 
        plans or create parity with payment reductions applicable to 
        retired individuals who are, directly or indirectly, Puerto 
        Rico bondholders.
The Joint Board may, in its discretion, seek assistance from the 
Advisory Committee on Actuarial Examinations of the Joint Board, and 
may expand the size of such committee as appropriate to accomplish the 
requirements of this subsection in a timely manner.
    (b) Puerto Rico Public Pension Plan.--For purposes of this section, 
the term ``Puerto Rico public pension plan'' means any of the following 
maintained by the government of Puerto Rico:
            (1) The Employees Retirement System (ERS).
            (2) The Teachers Retirement System (TRS).
            (3) The Judiciary Retirement System (JRS).

SEC. 202. REPORTING REQUIREMENTS GENERALLY APPLICABLE TO STATE AND 
              LOCAL GOVERNMENT PENSION PLANS.

    (a) In General.--The plan sponsor of a State or local government 
employee pension benefit plan shall file with the Secretary of the 
Treasury, in such form and manner as shall be prescribed by such 
Secretary, a report for each plan year beginning on or after January 1, 
2017, setting forth the following information with respect to the plan, 
as determined by the plan sponsor as of the end of such plan year:
            (1) A schedule of funding status, which shall include a 
        statement as to the current liability of the plan, the amount 
        of plan assets available to meet that liability, the amount of 
        the net unfunded liability (if any), and the funding percentage 
        of the plan.
            (2) A schedule of contributions by the plan sponsor and 
        each contributing employer for the plan year, indicating which 
        are or are not taken into account under paragraph (1).
            (3) Alternative projections which shall be specified in 
        regulations of the Secretary for each of the next 20 plan years 
        following the plan year relating to the amount of annual 
        contributions, the fair market value of plan assets, current 
        liability, the funding percentage, and such other matters as 
        the Secretary may specify in such regulations, together with a 
        statement of the assumptions and methods used in connection 
        with such projections, including assumptions related to funding 
        policy, plan changes, future workforce projections, future 
        investment returns, and such other matters as the Secretary may 
        specify in such regulations. The Secretary shall specify in 
        such regulations the projection assumptions and methods to be 
        used as necessary to achieve comparability across plans.
            (4) A statement of the actuarial assumptions used for the 
        plan year, including the rate of return on investment of plan 
        assets and assumptions as to such other matters as the 
        Secretary may prescribe by regulation.
            (5) A statement of the number of participants who are each 
        of the following--
                    (A) those who are retired or separated from service 
                and are receiving benefits;
                    (B) those who are retired or separated and are 
                entitled to future benefits; and
                    (C) those who are active under the plan.
            (6) A statement of the plan's investment returns, including 
        the rate of return, for the plan year and the 5 preceding plan 
        years.
            (7) A statement of the degree to which, and manner in 
        which, the plan sponsor expects to eliminate any unfunded 
        current liability that may exist for the plan year and the 
        extent to which the plan sponsor has followed the plan's 
        funding policy for each of the preceding 5 plan years. The 
        Secretary shall prescribe by regulation the specific criteria 
        to be used for meeting the requirements of this paragraph.
            (8) A statement of the amount of pension obligation bonds 
        outstanding.
    (b) Timing of Report.--The plan sponsor of a State or local 
government employee pension benefit plan shall make the filing required 
under subsection (a) for each plan year not later than 210 days after 
the end of such plan year (or within such time as may be required by 
regulations prescribed by the Secretary in order to reduce duplicative 
filing).
    (c) Additional Reporting Requirements.--
            (1) Supplementary reports.--In any case in which, in 
        determining the information filed in the annual report for a 
        plan year under subsection (a)--
                    (A) the value of plan assets is determined using a 
                standard other than fair market value, or
                    (B) the interest rate or rates used to determine 
                the value of liabilities or as the discount value for 
                liabilities are not the interest rates described in 
                paragraph (3),
the plan sponsor shall include in the annual report filed for such plan 
year pursuant to subsection (a) the supplementary report for such plan 
year described in paragraph (2).
            (2) Use of prescribed valuation method and interest 
        rates.--A supplementary report filed for a plan year pursuant 
        to this subsection shall include the information specified as 
        required in the annual report under paragraphs (1), (3), (6), 
        and (7) of subsection (a), determined as of the end of such 
        plan year by valuing plan assets at fair market value and by 
        using the interest rates described in paragraph (3) to value 
        liabilities and as the discount value for liabilities.
            (3) Interest rates based on u.s. treasury obligation yield 
        curve rate.--
                    (A) In general.--The interest rates described in 
                this paragraph are--
                            (i) in the case of benefits reasonably 
                        determined to be payable during the 5-year 
                        period beginning on the first day of the plan 
                        year, the first segment rate with respect to 
                        the applicable month,
                            (ii) in the case of benefits reasonably 
                        determined to be payable during the 15-year 
                        period beginning at the end of the period 
                        described in clause (i), the second segment 
                        rate with respect to the applicable month, and
                            (iii) in the case of benefits reasonably 
                        determined to be payable after the period 
                        described in clause (ii), the third segment 
                        rate with respect to the applicable month.
                    (B) Segment rates.--For purposes of this 
                paragraph--
                            (i) First segment rate.--The term ``first 
                        segment rate'' means, with respect to any 
                        month, the single rate of interest which shall 
                        be determined by the Secretary for such month 
                        on the basis of the U.S. Treasury obligation 
                        yield curve for such month, taking into account 
                        only that portion of such yield curve which is 
                        based on obligations maturing during the 5-year 
                        period commencing with such month.
                            (ii) Second segment rate.--The term 
                        ``second segment rate'' means, with respect to 
                        any month, the single rate of interest which 
                        shall be determined by the Secretary for such 
                        month on the basis of the U.S. Treasury 
                        obligation yield curve for such month, taking 
                        into account only that portion of such yield 
                        curve which is based on obligations maturing 
                        during the 15-year period beginning at the end 
                        of the period described in clause (i).
                            (iii) Third segment rate.--The term ``third 
                        segment rate'' means, with respect to any 
                        month, the single rate of interest which shall 
                        be determined by the Secretary for such month 
                        on the basis of the U.S. Treasury obligation 
                        yield curve for such month, taking into account 
                        only that portion of such yield curve which is 
                        based on obligations maturing during periods 
                        beginning after the period described in clause 
                        (ii).
                    (C) U.S. treasury obligation yield curve.--For 
                purposes of this paragraph, the term ``U.S. Treasury 
                obligation yield curve'' means, with respect to any 
                month, a yield curve which shall be prescribed by the 
                Secretary for such month and which reflects the 
                average, for the 24-month period ending with the month 
                preceding such month, of monthly yields on interest-
                bearing obligations of the United States.
    (d) Definitions.--For purposes of this section--
            (1) State or local government employee pension benefit 
        plan.--Except as provided in section 203, the terms ``State or 
        local government employee pension benefit plan'' and ``plan'' 
        mean any plan, fund, or program, other than a defined 
        contribution plan (within the meaning of section 414(i) of the 
        Internal Revenue Code of 1986), which was heretofore or is 
        hereafter established or maintained, in whole or in part, by a 
        State, a political subdivision of a State, or any agency or 
        instrumentality of a State or political subdivision of a State, 
        to the extent that by its express terms or as a result of 
        surrounding circumstances such plan, fund, or program--
                    (A) provides retirement income to employees, or
                    (B) results in a deferral of income by employees 
                for periods extending to the termination of covered 
                employment or beyond, regardless of the method of 
                calculating the contributions made to the plan, the 
                method of calculating the benefits under the plan, or 
                the method of distributing benefits from the plan.
            (2) Funding percentage.--The term ``funding percentage'' 
        for a plan year means the ratio (expressed as a percentage) 
        which--
                    (A) the value of plan assets as of the end of the 
                plan year, bears to
                    (B) the current liability of the plan for the plan 
                year.
            (3) Current liability.--The term ``current liability'' of a 
        plan for a plan year means the present value of all benefits 
        accrued or earned under the plan as of the end of the plan 
        year.
            (4) Plan sponsor.--The term ``plan sponsor'' means, in 
        connection with a State or local government employee pension 
        benefit plan, the State, political subdivision of a State, or 
        agency or instrumentality of a State or a political subdivision 
        of a State which establishes or maintains the plan.
            (5) Contributing employer.--The term ``contributing 
        employer'' means any employer that contributes to or 
        participates in a plan on behalf of its employees (including a 
        plan sponsor that contributes to the plan).
            (6) Participant.--
                    (A) In general.--The term ``participant'' means, in 
                connection with a State or local government employee 
                pension benefit plan, an individual--
                            (i) who is an employee or former employee 
                        of a State, political subdivision of a State, 
                        or agency or instrumentality of a State or a 
                        political subdivision of a State which is the 
                        plan sponsor of such plan, and
                            (ii) who is or may become eligible to 
                        receive a benefit of any type from such plan or 
                        whose beneficiaries may be eligible to receive 
                        any such benefit.
                    (B) Beneficiary.--The term ``beneficiary'' means a 
                person designated by a participant, or by the terms of 
                the plan, who is or may become entitled to a benefit 
                thereunder.
            (7) Plan year.--The term ``plan year'' means, in connection 
        with a plan, the calendar or fiscal year on which the records 
        of the plan are kept.
            (8) State.--The term ``State'' includes any State of the 
        United States, the District of Columbia, and any possession or 
        territory of the United States, including a possession 
        described in section 7701(d) of the Internal Revenue Code of 
        1986.
            (9) Fair market value.--The term ``fair market value'' has 
        the meaning given such term under section 430(g)(3)(A) of the 
        Internal Revenue Code of 1986 (without regard to section 
        430(g)(3)(B) thereof).
            (10) Other terms.--Any other term used in this section 
        which is also used in the Internal Revenue Code of 1986 shall 
        have the same meaning as when used in such Code.
    (e) Model Reporting Statement.--The Secretary shall develop model 
reporting statements for purposes of subsections (a) and (c). Plan 
sponsors of State or local government employee pension plans may elect, 
in such form and manner as shall be prescribed by the Secretary, to 
utilize the applicable model reporting statement for purposes of 
complying with requirements of such subsections.
    (f) Transparency of Information Filed.--The Secretary shall create 
and maintain a public website, with searchable capabilities, for 
purposes of posting the information received by the Secretary pursuant 
to subsections (a) and (c). Any such information received by the 
Secretary (including any updates to such information received by the 
Secretary) shall be posted on the website not later than 60 days after 
receipt and shall not be treated as return information for purposes of 
the Internal Revenue Code of 1986.

SEC. 203. ANNUITY ACCUMULATION RETIREMENT PLANS OF EMPLOYEES OF STATE 
              AND LOCAL GOVERNMENTS.

    (a) In General.--Part I of subchapter D of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after subpart E 
the following new subpart:

``Subpart F--Annuity Accumulation Retirement Plans for State and Local 
                          Government Employees

``Sec. 420A. Annuity accumulation retirement plans.

``SEC. 420A. ANNUITY ACCUMULATION RETIREMENT PLANS.

    ``(a) Annuity Accumulation Retirement Plans.--For purposes of this 
subpart--
            ``(1) In general.--The term `annuity accumulation 
        retirement plan' means a State or local governmental retirement 
        plan--
                    ``(A) which provides for the purchase, not less 
                frequently than annually, of a qualified individual 
                deferred fixed income annuity contract for each 
                participant which provides benefits based solely on the 
                contributions by an employer to an annuity provider and 
                the actuarial assumptions specified in the annuity 
                contract, and
                    ``(B) which provides that--
                            ``(i) no contributions may be made under 
                        the plan other than contributions described in 
                        subsection (c),
                            ``(ii) contributions pursuant to the plan 
                        on behalf of any eligible employee for any plan 
                        year, whether made annually or more frequently, 
                        are required to be paid not later than 90 days 
                        after the close of the plan year to an annuity 
                        provider to purchase a qualified individual 
                        deferred fixed income annuity contract for the 
                        employee, and
                            ``(iii) no benefits are provided by the 
                        employer under the plan other than the purchase 
                        of qualified individual deferred fixed income 
                        annuity contracts for eligible employees.
        Subject to the provisions of subsection (d)(3), nothing in 
        subparagraph (B)(iii) shall prohibit an employer from 
        establishing or maintaining a defined contribution plan or 
        defined benefit plan or providing any form of employee welfare 
        benefit separately from the plan.
            ``(2) Plan structure.--A plan will not be treated as an 
        annuity accumulation retirement plan unless--
                    ``(A) except as provided in subsection (e)(1), 
                benefits under the plan are limited to a monthly 
                payment for the life of the participant, commencing at 
                the applicable age under subsection (b)(1)(B), as 
                provided under the qualified individual deferred fixed 
                income annuity contract purchased with the employer 
                contributions described in subsection (c) and issued to 
                the participant, and
                    ``(B) the plan does not accumulate assets in trust 
                or otherwise, and the employer has no ownership 
                interest in any qualified individual deferred fixed 
                income annuity contract issued to a participant.
            ``(3) Requirements for annuity contract purchasing 
        process.--
                    ``(A) In general.--A plan will not be treated as an 
                annuity accumulation retirement plan unless the plan 
                provides that individual deferred fixed income annuity 
                contracts will be purchased through a process by which, 
                with respect to each purchase under paragraph (1)(A), 
                the plan administrator--
                            ``(i) obtains competitive bids, not less 
                        frequently than every 5 years, pursuant to a 
                        formal, public procurement process authorized 
                        under State law which requires institutional 
                        pricing on a group contract basis from multiple 
                        annuity providers verified by the applicable 
                        State insurance regulator as properly licensed 
                        to meet the specifications in the procurement 
                        request, and
                            ``(ii) selects 1 or more annuity providers 
                        pursuant to a process that includes an 
                        objective, thorough, and analytical search to 
                        identify and select providers and the 
                        evaluation of an annuity provider's claims 
                        paying ability and creditworthiness.
                    ``(B) Prohibition on providing benefit in exchange 
                for selection.--An annuity provider shall not be 
                treated as meeting the competitive bid requirements of 
                subparagraph (A)(i) if such provider, or any related 
                party to (within the meaning of such term as applied by 
                the State guaranty association) or agent of such 
                provider, on their own or on another's behalf, provides 
                anything of value to any employee of a State or local 
                government entity, or agency or instrumentality 
                thereof, or to a plan administrator, in connection with 
                the bidding process or the annuity purchase process 
                described in subparagraph (A).
                    ``(C) Compliance safe harbor.--A plan shall be 
                deemed to meet the requirements of subparagraph (A) if 
                the plan administrator obtains a determination in 
                writing from the Office of Domestic Finance, Department 
                of the Treasury, that such plan meets such 
                requirements. Authority to issue such a determination 
                shall not be delegated to any entity outside of the 
                Office of Domestic Finance.
            ``(4) General exemption from pension plan requirements.--
        Notwithstanding any other provision of this subchapter--
                    ``(A) except as provided in this section, no 
                requirement of this subchapter otherwise applicable to 
                a State or local governmental retirement plan shall 
                apply to an annuity accumulation retirement plan, and
                    ``(B) for purposes of this title other than any 
                such requirements, an annuity accumulation retirement 
                plan shall be treated as a defined benefit plan which 
                meets the requirements of section 401(a).
    ``(b) Qualified Individual Deferred Fixed Income Annuity 
Contract.--For purposes of this subpart, the term `qualified individual 
deferred fixed income annuity contract' means, with respect to an 
employee for any plan year, an annuity contract issued by an annuity 
provider--
            ``(1) which is--
                    ``(A) an individual annuity contract, or
                    ``(B) an individual certificate of benefits issued 
                to the employee under a group annuity contract,
            ``(2) except as provided in subsection (e), under the terms 
        of which--
                    ``(A) the monthly annuity payments during the 
                period described in subparagraph (B) are in equal 
                installments and are fixed at the time of purchase, and
                    ``(B) the entire interest of the employee in the 
                contract will be distributed in the form of monthly 
                annuity payments under a single life annuity, beginning 
                on the later of--
                            ``(i) the date the employee attains age--
                                    ``(I) 50 (or a later date specified 
                                by the State), in the case of a public 
                                safety employee, and
                                    ``(II) 62 (or a later date 
                                specified by the State), in the case of 
                                any other employee, or
                            ``(ii) in the case of a contract purchased 
                        after the date the employee attains such age, 
                        the 1st day of the 1st calendar year beginning 
                        after the calendar year in which such contract 
                        was purchased,
            ``(3) the purchase price of which is equal to the 
        contributions described in subsection (c) with respect to the 
        employee for the plan year in which it is purchased,
            ``(4) under which the employee's rights are nonforfeitable,
            ``(5) under which no loan may be made with respect to any 
        portion of any interest in the contract, and
            ``(6) except as provided in subsection (e)(2), no portion 
        of any interest in the contract may be assigned, alienated, or 
        pledged as collateral.
In the case of a certificate described in paragraph (1)(B), any 
reference in this section (other than paragraph (1)) to an annuity 
contract shall be treated as a reference to the portion of the group 
annuity contract to which such certificate relates.
    ``(c) Contribution Requirements and Limitations.--For purposes of 
subsection (a)(1)(B)--
            ``(1) In general.--The plan must provide that the only 
        contributions which may be made pursuant to the plan for any 
        plan year are nonelective contributions (within the meaning of 
        section 401(k)(11)(B)(ii)) made by the employer for the 
        purchase of qualified individual deferred fixed income annuity 
        contracts which are--
                    ``(A) made on behalf of each eligible employee for 
                the plan year, and
                    ``(B) equal to a percentage of the employee's 
                compensation which (except as provided in this 
                paragraph) is determined not later than the start of 
                the plan year.
        An employer shall not be treated as failing to meet the 
        requirements of this paragraph merely because the plan allows 
        the employer to elect to reduce the percentage under 
        subparagraph (B), or not to make any contributions pursuant to 
        the plan, for any period for all employees, and the employer so 
        elects not later than the start of the plan year.
            ``(2) Limits based on compensation.--
                    ``(A) Limitation.--
                            ``(i) In general.--The compensation taken 
                        into account under paragraph (1)(B) with 
                        respect to an employee for any year shall not 
                        exceed the limitation in effect for such year 
                        under section 401(a)(17).
                            ``(ii) Compensation.--For purposes of this 
                        subparagraph, the term `compensation' means 
                        includible compensation as defined in section 
                        403(b)(3), including any amount paid by an 
                        employer on behalf of the employee for a 
                        qualified deferred fixed income annuity 
                        contract.
                    ``(B) Percentage limitation.--
                            ``(i) In general.--The percentage under 
                        paragraph (1)(B) for any period shall not 
                        exceed--
                                    ``(I) 30 percent in the case of a 
                                public safety employee, or
                                    ``(II) 20 percent in the case of 
                                any other employee.
                            ``(ii) Election of higher percentage for 
                        certain employees.--A plan may elect to provide 
                        a higher percentage under paragraph (1)(B) than 
                        that specified under clause (i)--
                                    ``(I) in the case of any of the 
                                first 10 plan years after adoption of 
                                the plan, for all employees who have 
                                attained age 40 before the beginning of 
                                such plan year, and
                                    ``(II) in the case of any 
                                subsequent plan year, for all employees 
                                who have attained age 50 (age 40 in the 
                                case of a public safety employee) 
                                before the beginning of such plan year,
                        except that in no case may such percentage 
                        exceed 25 percent (35 percent in the case of a 
                        public safety employee).
                    ``(C) Aggregation rule.--All plans of an employer 
                treated as a single plan for purposes of section 415 
                shall be treated as a single plan for purposes of this 
                paragraph.
    ``(d) Tax Treatment of Annuity Accumulation Retirement Plans.--
            ``(1) Taxation of eligible employee.--The amount actually 
        paid to a distributee under a qualified individual deferred 
        fixed income annuity contract shall be taxable to the 
        distributee under section 72.
            ``(2) Treatment of employer contributions.--Contributions 
        made by an employer for the purchase of a qualified individual 
        deferred fixed income annuity contract under an annuity 
        accumulation retirement plan shall be excluded from the gross 
        income of the employee.
            ``(3) Inclusion in income of excess contributions or 
        contributions for participants in another defined benefit plan 
        of an employer.--
                    ``(A) Excess contributions.--Except as provided in 
                subparagraph (B), if--
                            ``(i) contributions are made for any plan 
                        year by an employer on behalf of an employee in 
                        excess of the limit determined after 
                        application of subsection (c)(2), the employee 
                        shall include in gross income an amount equal 
                        to such excess, or
                            ``(ii) an employee for whom such 
                        contributions are made for any plan year 
                        accrues benefits (for any period of service for 
                        which such contributions were made) under any 
                        other defined benefit plan of the employer 
                        which is not an annuity accumulation retirement 
                        plan, the employee shall include in gross 
                        income an amount equal to such contributions.
                    ``(B) Exception for premiums refunded.--
                Subparagraph (A) shall not apply with respect to 
                contributions on behalf of an employee for any plan 
                year if, not later than 6 months after the last day of 
                the plan year, the contributions described in 
                subparagraph (A) used to purchase a qualified 
                individual deferred fixed income annuity contract for 
                the employee are refunded to the employer.
                    ``(C) Taxable year of inclusion.--Any amount under 
                subparagraph (A) shall be includible in gross income of 
                the employee for the taxable year which includes the 
                date which is 6 months after the last day of the plan 
                year.
                    ``(D) Investment in the contract.--Any amount 
                included in gross income shall not be treated as 
                investment in the contract for purposes of section 72.
    ``(e) Special Rules.--
            ``(1) Employer option to provide alternative benefit 
        forms.--At the option of an employer, a qualified individual 
        deferred fixed income annuity contract may provide 1 or more of 
        the following optional benefits:
                    ``(A) Distribution under a joint and survivor 
                annuity.
                    ``(B) An annual adjustment in the amount of benefit 
                payments based on a fixed percentage not to exceed 3 
                percent.
                    ``(C) A 10-year period certain and life payment 
                option.
        If an employer provides for 1 or more of such optional 
        benefits, the contract shall provide that an employee may elect 
        any of the options provided at the time payments commence under 
        the contract.
            ``(2) Certain judgments and settlements.--Paragraphs (2)(B) 
        and (5) of subsection (b) shall not apply to any offset of an 
        employee's benefits payable under an annuity contract--
                    ``(A) pursuant to--
                            ``(i) the enforcement of a levy under 
                        section 6331 or the collection by the United 
                        States of a judgment resulting from an unpaid 
                        tax assessment, or
                            ``(ii) the enforcement of a fine imposed as 
                        part of a criminal sentence under subchapter C 
                        of chapter 227 of title 18, United States Code, 
                        or an order of restitution made pursuant to 
                        such title, or
                    ``(B) to the extent required under any State tax, 
                criminal, or domestic relations law.
    ``(f) Definitions.--For purposes of this section--
            ``(1) State or local governmental retirement plan.--The 
        term `State or local governmental retirement plan' means a 
        governmental plan providing for the deferral of compensation 
        which is established and maintained for its employees by a 
        State, a political subdivision of a State, or an agency or 
        instrumentality of any such entity. The term `State' includes 
        any possession or territory of the United States, including a 
        possession described in section 7701(d).
            ``(2) General definitions.--
                    ``(A) Eligible employee.--The term `eligible 
                employee' means, with respect to any State or local 
                governmental retirement plan, any officer or employee 
                (other than a contractor) eligible to participate in 
                the plan.
                    ``(B) Annuity provider.--The term `annuity 
                provider' means any company which is licensed to do 
                business as a life insurance company under the laws of 
                the State in which a qualified individual deferred 
                fixed income annuity contract to which this subchapter 
                applies is to be issued.
                    ``(C) Public safety employee.--The term `public 
                safety employee' means any employee of a State or 
                political subdivision of a State who provides police 
                protection, firefighting services, or emergency medical 
                services for any area within the jurisdiction of such 
                State or political subdivision.''.
    (b) FICA Exemption.--Paragraph (5) of section 3121(a) of the 
Internal Revenue Code of 1986 is amended by striking ``or'' at the end 
of subparagraph (H), by striking the semicolon at the end of 
subparagraph (I) and inserting ``, or'', and by adding at the end the 
following new subparagraph:
                    ``(J) under an annuity accumulation retirement plan 
                for the purchase of annuity contracts under section 
                420A;''.
    (c) Inclusion of Amount for the Purchase of Annuity Contracts on W-
2.--Subsection (a) of section 6051 of the Internal Revenue Code of 1986 
is amended by striking ``and'' at the end of paragraph (13), by 
striking the period at the end of paragraph (14)(B) and inserting ``, 
and'', and by inserting after paragraph (14) the following new 
paragraph:
            ``(15) the total amount contributed under an annuity 
        accumulation retirement plan for the purchase of annuity 
        contracts under section 420A.''.
    (d) Clerical Amendment.--The table of subparts for part I of 
subchapter D of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after the item relating to subpart E the following 
new item:

``subpart f--annuity accumulation retirement plans for state and local 
                        government employees''.

    (e) Effective Date.--Except as provided in subsection (b), the 
amendments made by this section shall apply to years beginning after 
December 31, 2015.

    TITLE III--PUERTO RICO FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

SEC. 301. PURPOSES.

    (a) Purposes.--The purposes of this title are--
            (1) to eliminate budget deficits and cash shortages of 
        Puerto Rico through visionary financial planning, sound 
        budgeting, accurate revenue forecasts, and careful spending;
            (2) to ensure the most efficient and effective delivery of 
        services, including public safety services, by the Commonwealth 
        government during a period of fiscal emergency;
            (3) to conduct necessary investigations and studies to 
        determine the fiscal status and operational efficiency of the 
        Commonwealth government;
            (4) to assist the Commonwealth government in--
                    (A) restructuring the organization and workforce of 
                the Commonwealth government to ensure that the 
                residents of Puerto Rico are served by a government 
                that is efficient and effective;
                    (B) ensuring the appropriate and efficient delivery 
                of services; and
                    (C) modernizing the budget, accounting, personnel, 
                procurement, information technology, and management 
                systems to ensure the maximum financial and performance 
                accountability of the Commonwealth government and 
                officers and employees of the Commonwealth government;
            (5) to enhance the access of the Commonwealth government to 
        the capital markets;
            (6) to ensure the continued orderly payment of the debt 
        service obligations of the Commonwealth government;
            (7) to ensure the long-term financial, fiscal, and economic 
        vitality and operational efficiency of Puerto Rico; and
            (8) to provide for the review of the financial impact of 
        activities of the Commonwealth government before the activities 
        are implemented or submitted for congressional review.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Authority.--The term ``Authority'' means the Puerto 
        Rico Financial Responsibility and Management Assistance 
        Authority established by section 311(a).
            (2) Chief financial officer.--The term ``Chief Financial 
        Officer'' means the Chief Financial Officer of Puerto Rico 
        appointed under section 352(a).
            (3) Commonwealth.--The term ``Commonwealth'' means the 
        Commonwealth of Puerto Rico.
            (4) Commonwealth government.--
                    (A) In general.--The term ``Commonwealth 
                government'' means--
                            (i) the government of the Commonwealth 
                        (including any department, agency, or 
                        instrumentality of the government of the 
                        Commonwealth);
                            (ii) an independent agency of the 
                        Commonwealth or any other agency, board, or 
                        commission established by the Governor or the 
                        Legislative Assembly;
                            (iii) the courts of the Commonwealth;
                            (iv) the Legislative Assembly; and
                            (v) any other agency, public authority, 
                        pension fund, or public benefit corporation 
                        established by the Commonwealth that has the 
                        authority to receive amounts directly or 
                        indirectly from the Commonwealth (other than 
                        amounts received from the sale of goods, the 
                        provision of services, or the loaning of funds 
                        to the Commonwealth).
                    (B) Exclusion.--The term ``Commonwealth 
                government'' does not include the Authority.
            (5) Control period.--The term ``control period'' means--
                    (A) in the case of a public corporation, a control 
                period for the public corporation initiated under 
                section 322(a)(2); and
                    (B) in the case of the Commonwealth government, a 
                control period for the Commonwealth government 
                initiated under section 322(b)(2).
            (6) Control year.--The term ``control year'' means any 
        fiscal year for which a financial plan and budget for a public 
        corporation or the Commonwealth government approved by the 
        Authority under section 323 or 324 is in effect.
            (7) Emergency manager.--The term ``emergency manager'' 
        means an emergency manager for a public corporation appointed 
        under section 322(a)(5)(A).
            (8) Financial plan and budget.--The term ``financial plan 
        and budget'' means--
                    (A) in the case of a public corporation, a 
                financial plan and budget developed for the public 
                corporation under section 323; and
                    (B) in the case of the Commonwealth government--
                            (i) a financial plan and budget for the 
                        Commonwealth government developed under section 
                        324; and
                            (ii) a budget of the Commonwealth 
                        government for any fiscal year that is subject 
                        to a financial plan and budget described in 
                        clause (i).
            (9) Governor.--The term ``Governor'' means the Governor of 
        the Commonwealth.
            (10) Legislative assembly.--The term ``Legislative 
        Assembly'' means the Legislative Assembly of Puerto Rico.
            (11) Public corporation.--
                    (A) In general.--The term ``public corporation'' 
                means an entity created by Commonwealth law as a public 
                corporation.
                    (B) Inclusions.--The term ``public corporation'' 
                includes--
                            (i) the Aqueduct and Sewer Authority;
                            (ii) the Convention Center District 
                        Authority;
                            (iii) the Electric Power Authority;
                            (iv) the Highway and Transportation 
                        Authority;
                            (v) the Housing Finance Authority;
                            (vi) the Industrial Development Company;
                            (vii) the Infrastructure Financing 
                        Authority;
                            (viii) the Port of the Americas Authority;
                            (ix) the Ports Authority;
                            (x) the Public Buildings Authority;
                            (xi) the Public Finance Corporation;
                            (xii) the Sales Taxes Financing 
                        Corporation; and
                            (xiii) the University of Puerto Rico.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.

        Subtitle A--Establishment and Organization of Authority

SEC. 311. COMMONWEALTH FINANCIAL RESPONSIBILITY AND MANAGEMENT 
              ASSISTANCE AUTHORITY.

    (a) Establishment.--Pursuant to article IV, section 3, clause 2 of 
the Constitution of the United States, the Puerto Rico Financial 
Responsibility and Management Assistance Authority is established in 
accordance with this section.
    (b) Membership.--
            (1) In general.--The Authority shall consist of--
                    (A) the Secretary; and
                    (B) 5 additional members who--
                            (i) meet the qualifications described in 
                        subsection (c); and
                            (ii) are appointed by the President, in 
                        consultation with the committees and 
                        individuals described in paragraph (3).
            (2) Authorized actions.--Beginning on the date on which the 
        President has appointed at least 3 members to the Authority, 
        the Authority may take any action authorized by this title.
            (3) Consultation required.--The President shall appoint the 
        members of the Authority after consultation with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Natural Resources of the House 
                of Representatives;
                    (C) the Resident Commissioner of the Commonwealth; 
                and
                    (D) the Governor.
            (4) Chairperson.--The Secretary shall serve as chairperson 
        of the Authority.
            (5) Terms of service.--
                    (A) Initial appointment; designation.--Each member 
                appointed to the Authority shall be--
                            (i) appointed for an initial term of 2 
                        years; and
                            (ii) designated into 3 tiers, consisting of 
                        not more than--
                                    (I) 1 member to serve in tier I;
                                    (II) 2 members to serve in tier II; 
                                and
                                    (III) 2 members to serve in tier 
                                III.
                    (B) Subsequent appointments.--For the term 
                immediately following the initial term under 
                subparagraph (A)(i), a member of the Authority may be 
                reappointed, or a new member named, for a term of--
                            (i) for the member serving in tier I--
                                    (I) 1 additional term of not more 
                                than 1 year; and
                                    (II) such subsequent terms of not 
                                more than 3 years as the President 
                                determines to be appropriate;
                            (ii) for a member serving in tier II--
                                    (I) 1 additional term of not more 
                                than 2 years; and
                                    (II) such subsequent terms of not 
                                more than 3 years as the President 
                                determines to be appropriate; and
                            (iii) for a member serving in tier III--
                                    (I) 1 additional term of 3 years; 
                                and
                                    (II) such subsequent terms of not 
                                more than 3 years as the President 
                                determines to be appropriate.
                    (C) Removal.--The President may remove a member of 
                the Authority only for cause.
            (6) Voting.--In voting on any matter in carrying out this 
        title--
                    (A) the chairperson of the Authority shall have 2 
                votes; and
                    (B) each other member of the Authority shall have 1 
                vote.
            (7) Citizenship; residence.--
                    (A) Citizenship.--Each member of the Authority 
                shall be a United States citizen.
                    (B) Residence.--Of the members of the Authority 
                described in paragraph (1)(B)--
                            (i) 3 shall maintain a primary residence in 
                        the Commonwealth; and
                            (ii) 2 shall not be residents of the 
                        Commonwealth.
    (c) Qualifications for Membership.--An individual meets the 
qualifications for membership on the Authority if the individual--
            (1) has knowledge and expertise in finance, management, and 
        the organization or operation of business or government;
            (2) complies with Federal conflict of interest requirements 
        of section 208 of title 18, United States Code;
            (3) is not, and has not been for a period of not less than 
        5 years before the date of appointment, an officer or employee 
        of--
                    (A) the Commonwealth; or
                    (B) any public corporation; and
            (4)(A) does not provide goods or services to the 
        Commonwealth; and
            (B) is not the spouse, parent, child, or sibling of an 
        individual who provides goods or services to the Commonwealth.
    (d) No Compensation for Service.--A member of the Authority--
            (1) shall serve without pay; but
            (2) may receive reimbursement for any reasonable and 
        necessary expenses incurred by reason of service on the 
        Authority.
    (e) Adoption of Bylaws for Conducting Business of Authority.--
            (1) In general.--As soon as practicable after the date of 
        appointment of the members to the Authority, the Authority 
        shall adopt bylaws, rules, and procedures governing the 
        activities of the Authority under this title, including 
        procedures for hiring experts and consultants.
            (2) Submission.--The bylaws, rules, and procedures adopted 
        under paragraph (1) shall--
                    (A) be public documents; and
                    (B) be submitted by the Authority, on adoption, to 
                each of--
                            (i) the Governor;
                            (ii) the Legislative Assembly;
                            (iii) the President; and
                            (iv) Congress.
            (3) Certain activities requiring approval of majority of 
        members.--
                    (A) In general.--Except as provided in subparagraph 
                (B), under the bylaws adopted under paragraph (1), the 
                Authority may conduct operations in accordance with any 
                procedures that the Authority considers appropriate.
                    (B) Affirmative vote required.--Notwithstanding 
                subparagraph (A), an affirmative vote of a majority of 
                the members of the Authority shall be required for the 
                Authority--
                            (i) to approve or disapprove a financial 
                        plan and budget under section 323 or 324;
                            (ii) to implement recommendations on 
                        financial stability and management 
                        responsibility under section 328;
                            (iii) to issue new bonds, notes, or other 
                        obligations under section 331; and
                            (iv) to allocate resources under title V.
            (4) Adoption of rules and regulations of commonwealth.--The 
        Authority may incorporate in the bylaws, rules, and procedures 
        adopted under paragraph (1) any rules and regulations of the 
        Commonwealth government that the Authority considers to be 
        appropriate to enable the Authority to carry out activities 
        under this title with the maximum degree of independence 
        practicable.

SEC. 312. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--
            (1) Appointment.--The chairperson of the Authority, with 
        the consent of the Authority, shall appoint an Executive 
        Director for the Authority.
            (2) Compensation.--
                    (A) In general.--Subject to subparagraph (B), the 
                Executive Director shall be paid at a rate determined 
                by the Authority.
                    (B) Rate of pay.--The rate of pay for the Executive 
                Director under subparagraph (A) may not exceed the 
                basic pay payable for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.
    (b) Staff.--With the approval of the chairperson, the Executive 
Director may appoint and fix the pay of additional personnel as the 
Executive Director considers appropriate, subject to the condition that 
no individual appointed by the Executive Director may be paid at a rate 
that exceeds the rate of pay for the Executive Director.
    (c) Inapplicability of Certain Employment and Procurement Laws.--
            (1) Civil service laws.--The Executive Director and staff 
        of the Authority--
                    (A) may be appointed without regard to the 
                provisions of title 5, United States Code, governing 
                appointments in the competitive service; and
                    (B) may be paid without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification and 
                General Schedule pay rates.
            (2) Commonwealth employment and procurement laws.--
                    (A) Employment laws.--The Executive Director and 
                staff of the Authority may be appointed and paid 
                without regard to the provisions of the Puerto Rico 
                Code governing appointments and salaries.
                    (B) Procurement laws.--The provisions of the Puerto 
                Rico Code governing procurement shall not apply to the 
                Authority.
    (d) Staff of Federal Agencies.--On the request of the chairperson, 
the head of any Federal or Commonwealth government department or agency 
may detail to the Authority, on a reimbursable or nonreimbursable 
basis, any of the personnel of the department or agency to assist the 
Authority in carrying out the duties of the Authority under this title.

SEC. 313. POWERS OF AUTHORITY.

    (a) In General.--The Authority may, for the purpose of carrying out 
this title--
            (1) hold hearings;
            (2) sit and act at such times and places as the Authority 
        considers appropriate;
            (3) take testimony;
            (4) receive evidence;
            (5) administer oaths or affirmations to witnesses appearing 
        before the Authority; and
            (6) provide assistance and recommendations regarding 
        financial stability and management responsibility to the 
        Commonwealth government for the purposes of this title.
    (b) Powers of Members and Agents.--Any member or agent of the 
Authority may, if authorized by the Authority, take any action that the 
Authority is authorized to take under this section.
    (c) Obtaining Official Data.--
            (1) Federal government.--Notwithstanding sections 552 and 
        552b of title 5, United States Code, the Authority may secure 
        directly from any Federal department or agency information 
        necessary to enable the Authority to carry out this title, with 
        the approval of the head of the applicable Federal department 
        or agency.
            (2) Commonwealth government.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Authority shall have the right to 
                secure copies of any records, documents, information, 
                or data from any entity of the Commonwealth government 
                necessary to enable the Authority to carry out the 
                responsibilities of the Authority under this title.
                    (B) Access.--At the request of the Authority, the 
                Authority shall be granted direct access to any 
                information systems, records, documents, information, 
                or data described in subparagraph (A) that would enable 
                the Authority to carry out the responsibilities of the 
                Authority under this title.
                    (C) Provision by heads of entities.--The head of 
                the department or agency of the Commonwealth government 
                responsible for the information shall provide the 
                Authority with any information and assistance 
                (including granting the Authority direct access to 
                automated or other information systems) as the 
                Authority may require under this paragraph.
    (d) Gifts, Bequests, and Devises.--
            (1) In general.--The Authority may accept, use, and dispose 
        of gifts, bequests, or devises of services and real and 
        personal property for the purpose of aiding or facilitating the 
        work of the Authority.
            (2) Use.--Any gifts, bequests, or devises of money accepted 
        by the Authority, and any proceeds from sales of other property 
        received as gifts, bequests, or devises by the Authority, 
        shall--
                    (A) be deposited in an account established by the 
                Authority; and
                    (B) be available for disbursement on order of the 
                chairperson of the Authority.
    (e) Subpoena Power.--
            (1) In general.--The chairperson of the Authority may issue 
        subpoenas requiring the attendance and testimony of witnesses 
        and the production of any evidence relating to any matter under 
        investigation by the Authority.
            (2) Scope.--The attendance of witnesses and the production 
        of evidence may be required by the Authority--
                    (A) from any place within the United States; and
                    (B) at any designated place of hearing within the 
                United States.
            (3) Failure to obey a subpoena.--
                    (A) Application to united states district court.--
                If a person refuses to obey a subpoena issued under 
                paragraph (1), the Authority may apply to a United 
                States district court for an order requiring the person 
                to appear before the Authority to give testimony or 
                produce evidence relating to the matter under 
                investigation.
                    (B) Judicial district.--An application may be made 
                under subparagraph (A) in--
                            (i) the judicial district in which the 
                        hearing is conducted; or
                            (ii) the judicial district in which the 
                        person subject to the subpoena is found, 
                        resides, or transacts business.
                    (C) Contempt.--The United States district court may 
                treat as civil contempt any failure to obey the order 
                of a court under this paragraph.
            (4) Service of subpoenas.--The Authority shall serve 
        subpoenas under this subsection in the manner provided for 
        subpoenas issued by United States district court under the 
        Federal Rules of Civil Procedure for the United States district 
        courts.
            (5) Service of process.--All service of process of any 
        court to which application is made under paragraph (2) may be 
        served in the judicial district in which the person required to 
        be served resides or may be found.
    (f) Administrative Support Services.--On the request of the 
Authority, the Administrator of General Services may provide to the 
Authority, on a reimbursable basis, the administrative support services 
necessary for the Authority to carry out the responsibilities of the 
Authority under this title.
    (g) Authority To Enter Into Contracts.--The Executive Director of 
the Authority may enter into any contract that the Executive Director 
considers appropriate (subject to the approval of the chairperson of 
the Authority) to carry out the responsibilities of the Authority under 
this title.
    (h) Civil Actions To Enforce Powers.--The Authority may seek 
judicial enforcement of the authority to carry out the responsibilities 
of the Authority under this title.
    (i) Penalties.--
            (1) Acts prohibited.--Any officer or employee of the 
        Commonwealth government shall be guilty of a misdemeanor if the 
        officer or employee--
                    (A)(i) takes any action in violation of any valid 
                order of the Authority; or
                    (ii) fails or refuses to take any action required 
                by an order described in clause (i); or
                    (B)(i) knowingly and willfully prepares, presents, 
                or certifies any information (including any projections 
                or estimates) or report for the Authority or any of the 
                agents of the Board that is false or misleading; or
                    (ii) on learning that any information described in 
                clause (i) is false or misleading, fails to immediately 
                advise the Authority or agents of the Board in writing 
                of the discovery.
            (2) Administrative discipline.--In addition to any other 
        applicable penalty, any officer or employee of the Commonwealth 
        government who knowingly and willfully violates paragraph (1) 
        shall be subject to appropriate administrative discipline, 
        including, as appropriate--
                    (A) suspension from duty without pay; or
                    (B) removal from office by order of the Governor or 
                Authority.
            (3) Report by governor on disciplinary actions taken.--In 
        the case of a violation of paragraph (1) by an officer or 
        employee of the Commonwealth government, the Governor shall 
        immediately submit to the Authority a report that--
                    (A) describes all pertinent facts; and
                    (B) includes a statement of the action taken 
                relating to the violation.

SEC. 314. EXEMPTION FROM LIABILITY FOR CLAIMS.

    The Authority (including the members of the Authority) may not be 
liable for any obligation of or claim against the Commonwealth 
resulting from actions taken to carry out this title.

SEC. 315. TREATMENT OF ACTIONS.

    (a) Jurisdiction Established.--Except as provided in section 
313(e)(3), any action against the Authority or any action otherwise 
arising out of this title, in whole or in part, shall be brought in the 
United States District Court for the District of Puerto Rico.
    (b) Appeal.--
            (1) Court of appeals.--Notwithstanding any other provision 
        of law, any order of the United States District Court for the 
        District of Puerto Rico that is issued pursuant to an action 
        brought under subsection (a) shall be reviewable only pursuant 
        to a notice of appeal to the United States Court of Appeals for 
        the First Circuit.
            (2) Supreme court.--Notwithstanding any other provision of 
        law, review by the Supreme Court of a decision of the Court of 
        Appeals that is issued under paragraph (1) may be available 
        only if the petition for review is filed by the date that is 10 
        days after the date of entry of the decision of the Court of 
        Appeals.
    (c) Timing of Relief.--No order of any court granting declaratory 
or injunctive relief against the Authority (including relief permitting 
or requiring the obligation, borrowing, or expenditure of funds) shall 
take effect during--
            (1) the pendency of the action before the court;
            (2) the period during which appeal may be taken; or
            (3) if appeal is taken, the period before the court has 
        entered a final order disposing of the action.
    (d) Expedited Consideration.--It shall be the duty of the United 
States District Court for the District of Puerto Rico, the United 
States Court of Appeals for the First Circuit, and the Supreme Court to 
advance on the docket, and to expedite to the greatest extent 
practicable, the disposition of any action brought under subsection 
(a).

SEC. 316. FUNDING FOR OPERATION OF AUTHORITY.

    (a) Annual Budgeting Process.--
            (1) Submission of budget.--The Authority shall submit to 
        the Secretary for inclusion in the annual budget of the 
        President a proposed budget for the Authority for each fiscal 
        year.
            (2) Contents of budget.--A budget submitted under paragraph 
        (1) shall describe--
                    (A) expenditures of the Authority by category, 
                including expenditures for staff of the Authority;
                    (B) services of personnel and other services 
                provided by or on behalf of the Authority for which the 
                Authority made no reimbursement; and
                    (C) any gifts or bequests made to the Authority 
                during the previous fiscal year.
            (3) Appropriations required.--For fiscal year 2016 and each 
        fiscal year thereafter, an amount may be obligated or expended 
        by the Authority for a fiscal year only if the amount has been 
        approved by an Act of Congress.
    (b) Special Rule for Funding of Operations During Fiscal Year 
2015.--As soon as practicable after the date of appointment of the 
members of the Authority, the Authority shall submit to the Governor 
and the President, for submission to Congress--
            (1) a request for reprogramming of funds under the budget 
        account for the Department of the Treasury; and
            (2) a description of anticipated expenditures of the 
        Authority for fiscal year 2015.

SEC. 317. SUSPENSION OF ACTIVITIES.

    The Authority shall suspend any activities carried out under this 
title, and the terms of the members of the Authority shall expire, on 
the date that is 3 years after the date on which the Authority 
certifies that all control periods initiated under section 322 have 
terminated.

SEC. 318. APPLICATION OF LAWS OF COMMONWEALTH TO AUTHORITY.

    (a) No Control, Supervision, Oversight, or Review by Governor or 
Legislative Assembly.--The Governor and the Legislative Assembly may 
not exercise any control, supervision, oversight, or review over the 
Authority or any activities of the Authority.
    (b) Authority Not Subject to Representation by Secretary of 
Justice.--In any action brought by, or on behalf of, the Authority, and 
in any action brought against the Authority--
            (1) the Authority shall be represented by such counsel as 
        the Authority may select; but
            (2) in no case may the Authority be represented by the 
        Secretary of Justice of the Commonwealth.

               Subtitle B--Responsibilities of Authority

                         PART I--CONTROL PERIOD

SEC. 321. EARLY OPT-IN AUTHORITY.

    Notwithstanding the timeframes provided in subsections (a)(1) and 
(b)(1) of section 322, the Authority may carry out this title beginning 
on the date on which the Legislative Assembly enacts a resolution 
supporting the actions of the Authority authorized by section 322.

SEC. 322. CERTIFICATIONS BY AUTHORITY.

    (a) Public Corporations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and annually thereafter, the Authority 
        shall certify whether any public corporation--
                    (A) does not have sufficient revenue to meet the 
                debt obligations of the public corporation;
                    (B) has defaulted with respect to any loan, bond, 
                note, or other form of borrowing;
                    (C) is unable to meet the payroll of the public 
                corporation for any pay period;
                    (D) has a cash deficit at the end of any quarter of 
                the fiscal year equal to or greater than the difference 
                between--
                            (i) the estimated revenues of the public 
                        corporation during the remainder of the fiscal 
                        year; and
                            (ii) the estimated expenditures of the 
                        public corporation (including repayments of 
                        temporary borrowing) during the remainder of 
                        the fiscal year; and
                    (E) fails to make any required payments relating to 
                pensions and benefits for current and former employees 
                of the public corporation.
            (2) Budget control.--If the Authority certifies that a 
        public corporation is unable to meet any of the requirements 
        under paragraph (1), a control period shall be initiated for 
        the public corporation in accordance with section 323.
            (3) Termination.--A control period for a public corporation 
        initiated under this subsection terminates on the date on which 
        the Authority certifies that--
                    (A) the public corporation has adequate access to 
                short-term and long-term credit markets at reasonable 
                interest rates to meet the borrowing needs of the 
                public corporation; and
                    (B) for 2 consecutive years after the initiation of 
                a control period, the expenditures made by the public 
                corporation during each fiscal year did not exceed the 
                revenues of the public corporation during that year, as 
                determined in accordance with generally accepted 
                accounting principles.
            (4) Consultation required.--In making a certification under 
        this subsection, the Authority shall consult with the 
        Government Development Bank of Puerto Rico.
            (5) Emergency manager.--
                    (A) In general.--If, during a control period for a 
                public corporation, the Authority certifies that over 
                the course of 2 consecutive quarters the expenditures 
                made by a public corporation exceed the revenues of 
                that public corporation in violation of the financial 
                plan and budget required under section 323, the 
                Authority may appoint an emergency manager for the 
                public corporation.
                    (B) Authority.--
                            (i) Authority of board of directors and 
                        officers.--The emergency manager shall exercise 
                        all authorities previously exercised by the 
                        board of directors and officers of the public 
                        corporation under the charter, bylaws, or 
                        organic statute of the public corporation or 
                        the applicable laws of the Commonwealth.
                            (ii) Additional authority.--
                                    (I) In general.--In addition to the 
                                authority under clause (i), the 
                                emergency manager may propose increases 
                                in, decreases in, or other changes to 
                                any rates, fees, taxes, or other 
                                charges that the public corporation has 
                                the power to impose on people or 
                                property within the Commonwealth.
                                    (II) Required demonstration.--An 
                                increase, decrease, or change proposed 
                                under subclause (I) shall be 
                                accompanied by a demonstration of the 
                                reasonable necessity of the increase, 
                                decrease, or change to maintain--
                                            (aa) the operation, 
                                        property, physical plant and 
                                        equipment, or financial 
                                        condition of the public 
                                        corporation; or
                                            (bb) the ability of the 
                                        public corporation to obtain 
                                        unsecured credit on the capital 
                                        markets at a reasonable 
                                        interest rate.
                                    (III) Review.--
                                            (aa) In general.--An 
                                        increase, decrease, or change 
                                        proposed under subclause (I) 
                                        shall be subject to review by 
                                        any commission, authority, 
                                        agency, or governmental body 
                                        with authority to review the 
                                        rates, fees, taxes, or other 
                                        charges imposed by the public 
                                        corporation.
                                            (bb) Deemed approval.--If a 
                                        commission, authority, agency, 
                                        or governmental body fails to 
                                        approve and implement or 
                                        disapprove the proposed 
                                        increase, decrease, or change 
                                        by the date that is 120 days 
                                        after the date on which the 
                                        increase, decrease, or change 
                                        is submitted to the commission, 
                                        authority, agency, or 
                                        governmental body, the proposed 
                                        increase, decrease, or change 
                                        shall be deemed approved by the 
                                        commission, authority, agency, 
                                        or governmental body.
                    (C) Salary.--The public corporation shall be 
                responsible for paying the salary and any other 
                compensation of the emergency manager.
    (b) Commonwealth Government.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act and annually thereafter, the Authority 
        shall certify whether the Commonwealth government--
                    (A) does not have sufficient revenue to meet debt 
                obligations of the Commonwealth government;
                    (B) has defaulted with respect to any loan, bond, 
                note, or other form of borrowing;
                    (C) is unable to meet the payroll of the 
                Commonwealth government for any pay period;
                    (D) has a cash deficit at the end of any quarter of 
                the fiscal year equal to or greater than the difference 
                between--
                            (i) the estimated revenues of the 
                        Commonwealth government during the remainder of 
                        the fiscal year; and
                            (ii) the estimated expenditures of the 
                        Commonwealth government (including repayments 
                        of temporary borrowing) during the remainder of 
                        the fiscal year; and
                    (E) fails to make any required payments relating to 
                pensions and benefits for current and former employees 
                of the Commonwealth government.
            (2) Budget control.--If the Authority certifies that the 
        Commonwealth government is unable to meet any of the 
        requirements under paragraph (1), a control period for the 
        Commonwealth government is initiated in accordance with section 
        324.
            (3) Termination.--A control period for the Commonwealth 
        government initiated under this subsection terminates on the 
        date on which the Authority certifies that--
                    (A) the Commonwealth government has adequate access 
                to short-term and long-term credit markets at 
                reasonable interest rates to meet the borrowing needs 
                of the Commonwealth government; and
                    (B) for 4 consecutive years after the initiation of 
                a control period for the Commonwealth government, the 
                expenditures made by the Commonwealth government during 
                each fiscal year did not exceed the revenues of the 
                Commonwealth government during that year, as determined 
                in accordance with the generally accepted accounting 
                principles contained in the comprehensive annual 
                financial report for the Commonwealth.
            (4) Required consultation.--In making a certification under 
        this subsection, the Authority shall consult with the 
        Government Development Bank of Puerto Rico.

SEC. 323. FINANCIAL PLAN AND BUDGET FOR PUBLIC CORPORATIONS DURING 
              CONTROL PERIOD.

    (a) Development; Contents.--
            (1) In general.--For each fiscal year for which a public 
        corporation is in a control period under section 322(a), the 
        Governor or the emergency manager (as applicable) shall develop 
        and submit to the Authority a financial plan and budget for the 
        public corporation in accordance with this section.
            (2) Contents.--
                    (A) In general.--A financial plan and budget for 
                the public corporation for a fiscal year shall specify 
                the budgets for the public corporation for the 
                applicable fiscal year and the subsequent 3 fiscal 
                years (including the projected revenues and 
                expenditures of each fund of the public corporation for 
                those fiscal years), in accordance with the 
                requirements described in subparagraph (B).
                    (B) Requirements.--The financial plan and budget 
                shall--
                            (i) meet the standards described in 
                        paragraph (3) to promote the financial 
                        stability of the public corporation;
                            (ii) provide for estimates of revenues and 
                        expenditures on a modified accrual basis;
                            (iii)(I) describe lump-sum expenditures by 
                        department, by object class;
                            (II) describe capital expenditures 
                        (together with a schedule of projected capital 
                        commitments of the public corporation and 
                        proposed sources of funding);
                            (III) contain estimates of short-term and 
                        long-term debt, whether outstanding or 
                        anticipated to be issued; and
                            (IV) contain cash flow forecasts for each 
                        fund of the public corporation, at such 
                        intervals as the Authority may require;
                            (iv) include a statement describing methods 
                        of estimations and significant assumptions; and
                            (v) include such other provisions, and meet 
                        such other criteria, as the Authority considers 
                        to be appropriate to meet the purposes of this 
                        title, including provisions relating to--
                                    (I) changes in personnel policies 
                                and levels for each department of the 
                                public corporation;
                                    (II) changes in the structure and 
                                organization of the public corporation; 
                                and
                                    (III) management initiatives to 
                                promote--
                                            (aa) productivity;
                                            (bb) improvement in the 
                                        delivery of services; or
                                            (cc) cost savings.
            (3) Standards to promote financial stability.--
                    (A) In general.--The standards to promote the 
                financial stability of the public corporation 
                applicable to the financial plan and budget for a 
                fiscal year are as follows:
                            (i) In the case of the financial plan and 
                        budget for the first fiscal year of a control 
                        period, the expenditures of the public 
                        corporation may not exceed the revenues of the 
                        public corporation for that fiscal year.
                            (ii) During each of the 5 subsequent fiscal 
                        years, the public corporation shall make 
                        continuous, substantial progress toward 
                        equalizing the expenditures and revenues of the 
                        public corporation for those fiscal years in 
                        equal annual installments, to the maximum 
                        extent practicable.
                            (iii) The public corporation shall provide 
                        for the orderly liquidation of the cumulative 
                        fund balance deficit of the public corporation, 
                        as evidenced by financial statements prepared 
                        in accordance with generally accepted 
                        accounting principles.
                            (iv) If funds in any account of the public 
                        corporation that are dedicated for specific 
                        purposes have been withdrawn from that account 
                        for any other purpose, the public corporation 
                        shall fully restore the funds to the account.
                            (v) The financial plan and budget shall 
                        ensure the continuing long-term financial 
                        stability of the public corporation, as 
                        indicated by factors including--
                                    (I) access to short-term and long-
                                term capital markets;
                                    (II) the efficient management of 
                                the public corporation workforce; and
                                    (III) the effective provision of 
                                services by the public corporation.
                    (B) Application of sound budgetary practices; 
                assumptions based on current law.--In meeting the 
                standards described in subparagraph (A) with respect to 
                a financial plan and budget for a fiscal year, the 
                public corporation shall--
                            (i) apply sound budgetary practices, 
                        including--
                                    (I) reducing costs and other 
                                expenditures;
                                    (II) improving productivity;
                                    (III) increasing revenues; or
                                    (IV) any combination of those 
                                practices; and
                            (ii) base estimates of revenues and 
                        expenditures on Federal law, as in effect at 
                        the time of preparation of the financial plan 
                        and budget.
    (b) Submission, Review, and Approval.--
            (1) Submission.--Not later than February 1 of each fiscal 
        year preceding a fiscal year during which a public corporation 
        is in a control period under section 322(a), the Governor or 
        emergency manager (as applicable) shall submit to the Authority 
        and the Legislative Assembly a financial plan and budget for 
        the public corporation for that following fiscal year, as 
        developed in accordance with this subsection.
            (2) Review by authority.--On receipt of a financial plan 
        and budget for a fiscal year under paragraph (1), the 
        Authority--
                    (A) shall promptly review the financial plan and 
                budget; and
                    (B) in conducting the review, may request any 
                additional information the Authority considers to be 
                necessary and appropriate to carry out this part.
            (3) Action on approval.--
                    (A) Certification to governor.--
                            (i) In general.--If the Authority 
                        determines that the financial plan and budget 
                        for a fiscal year submitted under paragraph (1) 
                        meets the applicable requirements of this 
                        section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying that approval to--

                                                    (AA) the emergency 
                                                manager (as 
                                                applicable);

                                                    (BB) the Governor;

                                                    (CC) the 
                                                Legislative Assembly;

                                                    (DD) the President; 
                                                and

                                                    (EE) Congress; and

                                    (II) the Governor or the emergency 
                                manager (as applicable) shall promptly 
                                submit the financial plan and budget to 
                                the Legislative Assembly.
                            (ii) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not provided to the emergency 
                                manager (as applicable), the Governor, 
                                the Legislative Assembly, and Congress 
                                a notice certifying approval under 
                                clause (i)(I)(bb) or a statement of 
                                disapproval under paragraph (4)(A)(ii) 
                                by the date that is 30 days after the 
                                date on which the Authority receives 
                                the financial plan and budget under 
                                paragraph (1), the Authority shall be 
                                deemed to have--
                                            (aa) approved the financial 
                                        plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (i)(I)(bb) to--

                                                    (AA) the emergency 
                                                manager (as 
                                                applicable);

                                                    (BB) the Governor;

                                                    (CC) the 
                                                Legislative Assembly;

                                                    (DD) the President; 
                                                and

                                                    (EE) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                emergency manager (as applicable), the 
                                Governor, the Legislative Assembly, the 
                                President, and Congress an explanation 
                                for the failure of the Authority to 
                                submit a notice certifying approval or 
                                a statement of disapproval during the 
                                30-day period described in that 
                                subclause.
                    (B) Adoption by legislative assembly.--Not later 
                than 30 days after the date of receipt of the financial 
                plan and budget for a fiscal year from the Governor or 
                the emergency manager (as applicable) under 
                subparagraph (A)(i)(II), the Legislative Assembly 
                shall--
                            (i) by Act, adopt the financial plan and 
                        budget, which shall serve as the adoption of 
                        the budget of the public corporation for the 
                        fiscal year; and
                            (ii) submit the financial plan and budget 
                        to--
                                    (I) the emergency manager (as 
                                applicable);
                                    (II) the Governor; and
                                    (III) the Authority.
            (4) Action on disapproval.--
                    (A) In general.--If the Authority determines that 
                the financial plan and budget for a fiscal year 
                submitted under paragraph (1) does not meet the 
                applicable requirements under this section, the 
                Authority shall--
                            (i) disapprove the financial plan and 
                        budget; and
                            (ii) submit to the emergency manager (as 
                        applicable), the Governor, and the Legislative 
                        Assembly a statement containing--
                                    (I) the reasons for the 
                                disapproval;
                                    (II) a description of the amount of 
                                any shortfall in the budget or 
                                financial plan; and
                                    (III) any recommendations for 
                                revisions to the budget the Authority 
                                considers to be appropriate to ensure 
                                that the financial plan and budget 
                                meets the applicable requirements under 
                                this section.
                    (B) Revised financial plan and budget.--
                            (i) In general.--Not later than 15 days 
                        after the date of receipt of a statement from 
                        the Authority under subparagraph (A)(ii), the 
                        Governor or the emergency manager (as 
                        applicable) shall promptly submit to the 
                        Authority and the Legislative Assembly a 
                        revised financial plan and budget for the 
                        applicable fiscal year that addresses the 
                        reasons of the Authority for disapproval.
                            (ii) Approval.--If the Authority determines 
                        that the revised financial plan and budget for 
                        a fiscal year submitted by the Governor or the 
                        emergency manager (as applicable) under clause 
                        (i) meets the applicable requirements under 
                        this section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying that approval to--

                                                    (AA) the emergency 
                                                manager (as 
                                                applicable);

                                                    (BB) the Governor;

                                                    (CC) the 
                                                Legislative Assembly;

                                                    (DD) the President; 
                                                and

                                                    (EE) Congress; and

                                    (II) the Governor or the emergency 
                                manager (as applicable) shall promptly 
                                submit the financial plan and budget to 
                                the Legislative Assembly.
                            (iii) Disapproval.--
                                    (I) In general.--If the Authority 
                                determines that the revised financial 
                                plan and budget for a fiscal year 
                                submitted by the Governor or the 
                                emergency manager (as applicable) under 
                                clause (i) does not meet the applicable 
                                requirements under this section, the 
                                Authority shall--
                                            (aa) disapprove the 
                                        financial plan and budget;
                                            (bb) submit to the 
                                        Governor, the emergency manager 
                                        (as applicable), the 
                                        Legislative Assembly, the 
                                        President, and Congress a 
                                        statement containing the 
                                        reasons for the disapproval; 
                                        and
                                            (cc)(AA) recommend a 
                                        financial plan and budget for 
                                        the public corporation that 
                                        meets the applicable 
                                        requirements under this 
                                        section; and
                                            (BB) submit the financial 
                                        plan and budget to the 
                                        Governor, the emergency manager 
                                        (as applicable), and the 
                                        Legislative Assembly.
                                    (II) Submission of rejected 
                                financial plan and budget.--The 
                                Governor or the emergency manager (as 
                                applicable) shall promptly submit to 
                                the Legislative Assembly a revised 
                                financial plan and budget disapproved 
                                by the Authority under this clause.
                            (iv) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not provided to the Governor, the 
                                Legislative Assembly, and Congress a 
                                notice certifying approval under clause 
                                (ii)(I)(bb) or a statement of 
                                disapproval under clause (iii)(I)(bb) 
                                by the date that is 15 days after the 
                                date on which the Authority receives 
                                the revised financial plan and budget 
                                submitted by the Governor or the 
                                emergency manager (as applicable) under 
                                clause (i), the Authority shall be 
                                deemed to have--
                                            (aa) approved the revised 
                                        financial plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (ii)(I)(bb) to--

                                                    (AA) the emergency 
                                                manager (as 
                                                applicable);

                                                    (BB) the Governor;

                                                    (CC) the 
                                                Legislative Assembly;

                                                    (DD) the President; 
                                                and

                                                    (EE) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                Governor, the emergency manager (as 
                                applicable), the Legislative Assembly, 
                                the President, and Congress an 
                                explanation for the failure of the 
                                Authority to submit a notice certifying 
                                approval or a statement of disapproval 
                                during the 15-day period described in 
                                that subclause.
                    (C) Action by legislative assembly.--
                            (i) In general.--Not later than 30 days 
                        after the date of receipt of an approved 
                        revised financial plan and budget of the 
                        Governor or the emergency manager (as 
                        applicable) for a fiscal year under 
                        subparagraph (B)(ii) or, in the case of a 
                        financial plan and budget disapproved by the 
                        Authority, the financial plan and budget 
                        recommended by the Authority under subparagraph 
                        (B)(iii)(I)(cc), the Legislative Assembly 
                        shall--
                                    (I) by Act, adopt the financial 
                                plan and budget, which shall serve as 
                                the adoption of the budget of the 
                                public corporation for the fiscal year; 
                                and
                                    (II) submit the financial plan and 
                                budget to--
                                            (aa) the emergency manager 
                                        (as applicable);
                                            (bb) the Governor; and
                                            (cc) the Authority.
            (5) Revisions to financial plan and budget.--
                    (A) Action by governor.--The Governor or the 
                emergency manager (as applicable) may submit to the 
                Authority proposed revisions to the financial plan and 
                budget for a control year at any time during the 
                control year.
                    (B) Procedure.--Except as provided in subparagraph 
                (C), the procedures described in paragraphs (2), (3), 
                and (4) shall apply with respect to a proposed revision 
                to a financial plan and budget in the same manner as 
                those procedures apply with respect to the original 
                financial plan and budget.
                    (C) Exception for revisions not affecting 
                appropriations.--To the extent that a proposed revision 
                to a financial plan and budget adopted by the 
                Legislative Assembly pursuant to this section does not 
                increase the amount of spending with respect to any 
                account of the public corporation, the revision shall 
                take effect on the date of approval by the Authority of 
                the revision, subject to review by Congress.

SEC. 324. FINANCIAL PLAN AND BUDGET FOR THE COMMONWEALTH DURING A 
              CONTROL PERIOD.

    (a) Financial Plan and Budget Required; Contents.--
            (1) In general.--For each fiscal year for which the 
        Commonwealth government is in a control period under section 
        322(b), the Governor shall develop and submit to the Authority 
        a financial plan and budget for the Commonwealth in accordance 
        with this section.
            (2) Contents.--
                    (A) In general.--A financial plan and budget for 
                the Commonwealth for a fiscal year shall specify the 
                budgets for the Commonwealth government for the 
                applicable fiscal year and the subsequent 3 fiscal 
                years (including the projected revenues and 
                expenditures of each fund of the Commonwealth 
                government for those fiscal years), in accordance with 
                the requirements described in subparagraph (B).
                    (B) Requirements.--The financial plan and budget 
                shall--
                            (i) meet the standards described in 
                        paragraph (3) to promote the financial 
                        stability of the Commonwealth government;
                            (ii) provide for estimates of revenues and 
                        expenditures on a modified accrual basis;
                            (iii)(I) describe lump-sum expenditures by 
                        department, by object class;
                            (II) describe capital expenditures 
                        (together with a schedule of projected capital 
                        commitments of the Commonwealth government and 
                        proposed sources of funding);
                            (III) contain estimates of short-term and 
                        long-term debt, whether outstanding or 
                        anticipated to be issued; and
                            (IV) contain cash flow forecasts for each 
                        fund of the Commonwealth government, at such 
                        intervals as the Authority may require;
                            (iv) include a statement describing methods 
                        of estimations and significant assumptions; and
                            (v) include such other provisions, and meet 
                        such other criteria, as the Authority considers 
                        to be appropriate to meet the purposes of this 
                        title, including provisions relating to--
                                    (I) changes in personnel policies 
                                and levels for each department or 
                                agency of the Commonwealth government;
                                    (II) changes in the structure and 
                                organization of the Commonwealth 
                                government; and
                                    (III) management initiatives to 
                                promote--
                                            (aa) productivity;
                                            (bb) improvement in the 
                                        delivery of services; or
                                            (cc) cost savings.
            (3) Standards to promote financial stability.--
                    (A) In general.--The standards to promote the 
                financial stability of the Commonwealth government 
                applicable to the financial plan and budget for a 
                fiscal year are as follows:
                            (i) In the case of the financial plan and 
                        budget for the first fiscal year of a control 
                        period, the expenditures of the Commonwealth 
                        government for the fiscal year may not exceed 
                        the revenues of the Commonwealth government for 
                        that fiscal year.
                            (ii) During each of 5 subsequent fiscal 
                        years, the Commonwealth government shall make 
                        continuous, substantial progress toward 
                        equalizing the expenditures and revenues of the 
                        Commonwealth government for those fiscal years 
                        in equal annual installments, to the maximum 
                        extent practicable.
                            (iii) The Commonwealth government shall 
                        provide for the orderly liquidation of the 
                        cumulative fund balance deficit of the 
                        government, as evidenced by financial 
                        statements prepared in accordance with 
                        generally accepted accounting principles.
                            (iv) If funds in any account of the 
                        Commonwealth government that are dedicated for 
                        specific purposes have been withdrawn from that 
                        account for any other purpose, the Commonwealth 
                        government shall fully restore the funds to the 
                        account.
                            (v) The financial plan and budget shall 
                        ensure the continuing long-term financial 
                        stability of the Commonwealth government, as 
                        indicated by factors including--
                                    (I) access to short-term and long-
                                term capital markets;
                                    (II) the efficient management of 
                                the Commonwealth government workforce; 
                                and
                                    (III) the effective provision of 
                                services by the Commonwealth 
                                government.
                    (B) Application of sound budgetary practices; 
                assumptions based on current law.--In meeting the 
                standards described in subparagraph (A) with respect to 
                a financial plan and budget for a fiscal year, the 
                Commonwealth government shall--
                            (i) apply sound budgetary practices, 
                        including--
                                    (I) reducing costs and other 
                                expenditures;
                                    (II) improving productivity;
                                    (III) increasing revenues; or
                                    (IV) any combination of those 
                                practices; and
                            (ii) base estimates of revenues and 
                        expenditures on Federal law, as in effect at 
                        the time of preparation of the financial plan 
                        and budget.
    (b) Submission, Review, and Approval.--
            (1) In general.--Not later than February 1 of each fiscal 
        year preceding a fiscal year during which the Commonwealth 
        government is in a control period under section 322(b), the 
        Governor shall submit to the Authority and the Legislative 
        Assembly a financial plan and budget for that following fiscal 
        year, as developed in accordance with this section.
            (2) Review by authority.--On receipt of a financial plan 
        and budget for a fiscal year from the Governor under paragraph 
        (1), the Authority--
                    (A) shall promptly review the financial plan and 
                budget; and
                    (B) in conducting the review, may request any 
                additional information the Authority considers to be 
                necessary and appropriate to carry out this part.
            (3) Action on approval.--
                    (A) Certification to governor.--
                            (i) In general.--If the Authority 
                        determines that the financial plan and budget 
                        for a fiscal year submitted by the Governor 
                        under paragraph (1) meets the applicable 
                        requirements of this section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying that approval to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress; and

                                    (II) the Governor shall promptly 
                                submit the financial plan and budget to 
                                the Legislative Assembly.
                            (ii) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not provided to the Governor, the 
                                Legislative Assembly, and Congress a 
                                notice certifying approval under clause 
                                (i)(I)(bb) or a statement of 
                                disapproval under paragraph (4)(A)(ii) 
                                by the date that is 30 days after the 
                                date on which the Authority receives 
                                the financial plan and budget from the 
                                Governor under paragraph (1), the 
                                Authority shall be deemed to have--
                                            (aa) approved the financial 
                                        plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (i)(I)(bb) to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                Governor, the Legislative Assembly, the 
                                President, and Congress an explanation 
                                for the failure of the Authority to 
                                submit a notice certifying approval or 
                                a statement of disapproval during the 
                                30-day period described in that 
                                subclause.
                    (B) Adoption by legislative assembly.--Not later 
                than 30 days after the date of receipt of the financial 
                plan and budget for a fiscal year from the Governor 
                under subparagraph (A)(i)(II), the Legislative Assembly 
                shall--
                            (i) by Act, adopt the financial plan and 
                        budget, which shall serve as the adoption of 
                        the budget of the Commonwealth government for 
                        the fiscal year; and
                            (ii) submit the financial plan and budget 
                        to--
                                    (I) the Governor; and
                                    (II) the Authority.
                    (C) Review of legislative assembly financial plan 
                and budget.--On receipt of the financial plan and 
                budget for a fiscal year from the Legislative Assembly 
                under subparagraph (B), and taking into account any 
                items or provisions disapproved by the Governor or 
                disapproved by the Governor and reenacted by the 
                Legislative Assembly, the Authority--
                            (i) shall promptly review the financial 
                        plan and budget; and
                            (ii) in conducting the review, may request 
                        any additional information the Authority 
                        considers to be necessary and appropriate to 
                        carry out this part.
                    (D) Results of authority review.--
                            (i) Approval.--If the Authority determines 
                        that the financial plan and budget for the 
                        fiscal year submitted by the Legislative 
                        Assembly under subparagraph (B)(ii) meets the 
                        applicable requirements under this section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying the approval to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress; and

                                    (II) the Legislative Assembly shall 
                                promptly submit the financial plan and 
                                budget to the Governor for transmission 
                                to the President and Congress.
                            (ii) Disapproval.--If the Authority 
                        determines that the financial plan and budget 
                        for a fiscal year submitted by the Legislative 
                        Assembly under subparagraph (B)(ii) does not 
                        meet the applicable requirements under this 
                        section, the Authority shall--
                                    (I) disapprove the financial plan 
                                and budget; and
                                    (II) submit to the Governor, the 
                                Legislative Assembly, the President, 
                                and Congress a statement containing--
                                            (aa) the reasons for the 
                                        disapproval;
                                            (bb) a description of the 
                                        amount of any shortfall in the 
                                        budget or financial plan; and
                                            (cc) any recommendations 
                                        for revisions to the budget the 
                                        Authority considers to be 
                                        appropriate to ensure that the 
                                        budget is consistent with the 
                                        financial plan and budget.
                            (iii) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not submitted to the Governor, the 
                                Legislative Assembly, the President, 
                                and Congress a notice certifying 
                                approval under clause (i)(I)(bb) or a 
                                statement of disapproval under clause 
                                (ii)(II) by the date that is 15 days 
                                after the date on which the Authority 
                                receives the financial plan and budget 
                                from the Legislative Assembly under 
                                subparagraph (B)(ii), the Authority 
                                shall be deemed to have--
                                            (aa) approved the financial 
                                        plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (i)(I)(bb) to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                Governor, the Legislative Assembly, the 
                                President, and Congress an explanation 
                                for the failure of the Authority to 
                                submit a notice certifying approval or 
                                a statement of disapproval during the 
                                15-day period described in that 
                                subclause.
                    (E) Authority review of revised financial plan and 
                budget.--
                            (i) In general.--Not later than 15 days 
                        after the date of receipt of a statement from 
                        the Authority under subparagraph (D)(ii)(II), 
                        the Legislative Assembly shall--
                                    (I) promptly, by Act, adopt a 
                                revised financial plan and budget for 
                                the applicable fiscal year that 
                                addresses the reasons for disapproval 
                                cited in the statement; and
                                    (II) submit the revised financial 
                                plan and budget to--
                                            (aa) the Governor; and
                                            (bb) the Authority.
                            (ii) Approval.--If, after reviewing the 
                        revised financial plan and budget for a fiscal 
                        year submitted by the Legislative Assembly 
                        under clause (i) in accordance with the 
                        procedures described in this subsection, the 
                        Authority determines that the revised financial 
                        plan and budget meets the applicable 
                        requirements under this section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying that approval to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress; and

                                    (II) the Legislative Assembly shall 
                                promptly submit the financial plan and 
                                budget to the Governor for transmission 
                                to the President and Congress.
                            (iii) Disapproval.--
                                    (I) In general.--If, after 
                                reviewing the revised financial plan 
                                and budget for a fiscal year submitted 
                                by the Legislative Assembly under 
                                clause (i) in accordance with the 
                                procedures described in this paragraph, 
                                the Authority determines that the 
                                revised financial plan and budget does 
                                not meet the applicable requirements 
                                under this section, the Authority 
                                shall--
                                            (aa) disapprove the 
                                        financial plan and budget;
                                            (bb) submit to the 
                                        Governor, the Legislative 
                                        Assembly, the President, and 
                                        Congress a statement 
                                        containing--

                                                    (AA) the reasons 
                                                for the disapproval; 
                                                and

                                                    (BB) a description 
                                                of the amount of any 
                                                shortfall in the budget 
                                                or financial plan; and

                                            (cc)(AA) recommend a 
                                        financial plan and budget for 
                                        the Commonwealth government 
                                        that meets the applicable 
                                        requirements under this 
                                        section; and
                                            (BB) submit that financial 
                                        plan and budget to the 
                                        Governor, the Legislative 
                                        Assembly, the President, and 
                                        Congress.
                                    (II) Submission of rejected 
                                financial plan and budget.--The 
                                Legislative Assembly shall promptly 
                                submit to the Governor for transmission 
                                to the President and Congress a revised 
                                financial plan and budget disapproved 
                                by the Authority under this clause.
                            (iv) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not provided to the Governor, the 
                                Legislative Assembly, and Congress a 
                                notice certifying approval under clause 
                                (ii)(I)(bb) or a statement of 
                                disapproval under clause (iii)(I)(bb) 
                                by the date that is 15 days after the 
                                date on which the Authority receives 
                                the revised financial plan and budget 
                                submitted by the Legislative Assembly 
                                under clause (i), the Authority shall 
                                be deemed to have--
                                            (aa) approved the financial 
                                        plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (ii)(I)(bb) to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                Governor, the Legislative Assembly, the 
                                President, and Congress an explanation 
                                for the failure of the Authority to 
                                submit a notice certifying approval or 
                                a statement of disapproval during the 
                                15-day period described in that 
                                subclause.
                    (F) Deadline for transmission by authority.--
                Notwithstanding any other provision of this subsection, 
                not later than June 15 of each fiscal year preceding a 
                fiscal year that is a control year, the Authority shall 
                submit to Congress--
                            (i) as applicable, a notice certifying the 
                        approval by the Authority of--
                                    (I) the initial financial plan and 
                                budget of the Legislative Assembly for 
                                that following fiscal year under 
                                subparagraph (D)(i); or
                                    (II) the revised financial plan and 
                                budget of the Legislative Assembly for 
                                that following fiscal year under 
                                subparagraph (E)(ii); or
                            (ii) an approved and recommended financial 
                        plan and budget of the Authority for the 
                        Commonwealth government for that following 
                        fiscal year under subparagraph (E)(iii).
            (4) Action on disapproval.--
                    (A) In general.--If the Authority determines that 
                the financial plan and budget for a fiscal year 
                submitted by the Governor under paragraph (1) does not 
                meet the applicable requirements under this section, 
                the Authority shall--
                            (i) disapprove the financial plan and 
                        budget; and
                            (ii) submit to the Governor and the 
                        Legislative Assembly a statement containing--
                                    (I) the reasons for the 
                                disapproval;
                                    (II) a description of the amount of 
                                any shortfall in the budget or 
                                financial plan; and
                                    (III) any recommendations for 
                                revisions to the budget the Authority 
                                considers to be appropriate to ensure 
                                that the financial plan and budget 
                                meets the applicable requirements under 
                                this section.
                    (B) Revised financial plan and budget.--
                            (i) In general.--Not later than 15 days 
                        after the date of receipt of a statement from 
                        the Authority under subparagraph (A)(ii), the 
                        Governor shall promptly submit to the Authority 
                        and the Legislative Assembly a revised 
                        financial plan and budget for the applicable 
                        fiscal year that addresses the reasons of the 
                        Authority for disapproval.
                            (ii) Approval.--If the Authority determines 
                        that the revised financial plan and budget for 
                        a fiscal year submitted by the Governor under 
                        clause (i) meets the applicable requirements 
                        under this section--
                                    (I) the Authority shall--
                                            (aa) approve the financial 
                                        plan and budget; and
                                            (bb) submit a notice 
                                        certifying that approval to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress; and

                                    (II) the Governor shall promptly 
                                submit the financial plan and budget to 
                                the Legislative Assembly.
                            (iii) Disapproval.--
                                    (I) In general.--If the Authority 
                                determines that the revised financial 
                                plan and budget for a fiscal year 
                                submitted by the Governor under clause 
                                (i) does not meet the applicable 
                                requirements under this section, the 
                                Authority shall--
                                            (aa) disapprove the 
                                        financial plan and budget;
                                            (bb) submit to the 
                                        Governor, the Legislative 
                                        Assembly, the President, and 
                                        Congress a statement containing 
                                        the reasons for the 
                                        disapproval; and
                                            (cc)(AA) recommend a 
                                        financial plan and budget for 
                                        the Commonwealth government 
                                        that meets the applicable 
                                        requirements under this 
                                        section; and
                                            (BB) submit the financial 
                                        plan and budget to the Governor 
                                        and the Legislative Assembly.
                                    (II) Submission of rejected 
                                financial plan and budget.--The 
                                Governor shall promptly submit to the 
                                Legislative Assembly a revised 
                                financial plan and budget disapproved 
                                by the Authority under this clause.
                            (iv) Deemed approval.--
                                    (I) In general.--If the Authority 
                                has not provided to the Governor, the 
                                Legislative Assembly, and Congress a 
                                notice certifying approval under clause 
                                (ii)(I)(bb) or a statement of 
                                disapproval under clause (iii)(I)(bb) 
                                by the date that is 15 days after the 
                                date on which the Authority receives 
                                the revised financial plan and budget 
                                submitted by the Governor under clause 
                                (i), the Authority shall be deemed to 
                                have--
                                            (aa) approved the revised 
                                        financial plan and budget; and
                                            (bb) submitted a notice 
                                        certifying approval described 
                                        in clause (ii)(I)(bb) to--

                                                    (AA) the Governor;

                                                    (BB) the 
                                                Legislative Assembly;

                                                    (CC) the President; 
                                                and

                                                    (DD) Congress.

                                    (II) Explanation of failure to 
                                respond.--If subclause (I) applies with 
                                respect to a financial plan and budget, 
                                the Authority shall submit to the 
                                Governor, the Legislative Assembly, the 
                                President, and Congress an explanation 
                                for the failure of the Authority to 
                                submit a notice certifying approval or 
                                a statement of disapproval during the 
                                15-day period described in that 
                                subclause.
                    (C) Action by legislative assembly.--
                            (i) In general.--Not later than 30 days 
                        after the date of receipt of an approved 
                        revised financial plan and budget of the 
                        Governor for a fiscal year under subparagraph 
                        (B)(ii) or, in the case of a financial plan and 
                        budget disapproved by the Authority, the 
                        financial plan and budget recommended by the 
                        Authority under subparagraph (B)(iii)(I)(cc), 
                        the Legislative Assembly shall--
                                    (I) by Act, adopt the financial 
                                plan and budget, which shall serve as 
                                the adoption of the budget of the 
                                Commonwealth government for the fiscal 
                                year; and
                                    (II) submit the financial plan and 
                                budget to--
                                            (aa) the Governor; and
                                            (bb) the Authority.
                            (ii) Review by authority.--A financial plan 
                        and budget submitted by the Legislative 
                        Assembly under clause (i) shall be subject to 
                        review by the Authority and revision by the 
                        Legislative Assembly in the same manner as the 
                        financial plan and budget submitted by the 
                        Legislative Assembly after an approved 
                        preliminary financial plan and budget of the 
                        Governor under subparagraphs (C) through (F) of 
                        paragraph (3).
            (5) Revisions to financial plan and budget.--
                    (A) Action by governor.--The Governor may submit to 
                the Authority proposed revisions to the financial plan 
                and budget for a control year at any time during the 
                control year.
                    (B) Procedure.--Except as provided in subparagraph 
                (C), the procedures described in paragraphs (2), (3), 
                and (4) shall apply with respect to a proposed revision 
                to a financial plan and budget in the same manner as 
                those procedures apply with respect to the original 
                financial plan and budget, except that the reference 
                contained in paragraph (3)(A)(ii) to a 30-day period 
                shall be considered to be a 20-day period.
                    (C) Exception for revisions not affecting 
                appropriations.--To the extent that a proposed revision 
                to a financial plan and budget adopted by the 
                Legislative Assembly pursuant to this section does not 
                increase the amount of spending with respect to any 
                account of the Commonwealth government, the revision 
                shall take effect on the date of approval by the 
                Authority of the revision, subject to review by 
                Congress.

SEC. 325. REVIEW TO ENSURE COMPLIANCE.

    (a) Legislative Assembly Acts.--
            (1) In general.--Not later than December 31 of each control 
        year, the Legislative Assembly shall submit to the Authority--
                    (A) a copy of each Act that, during the control 
                year, was--
                            (i) passed by the Legislative Assembly and 
                        signed by the Governor;
                            (ii) vetoed by the Governor and repassed by 
                        \2/3\ of the members of each of the Senate and 
                        House of Representatives of the Legislative 
                        Assembly; or
                            (iii) passed by the Legislative Assembly 
                        and allowed to become effective without the 
                        signature of the Governor; and
                    (B) an estimate of the costs of carrying out the 
                Act.
            (2) Prompt review.--On receipt from the Legislative 
        Assembly of an Act under paragraph (1), the Authority shall 
        promptly review the Act to determine whether the Act is 
        consistent with--
                    (A) the applicable financial plan and budget 
                approved under section 323 or 324 for the control year; 
                and
                    (B) the estimate of the costs of carrying out the 
                Act under paragraph (1)(B).
            (3) Actions by authority.--
                    (A) Approval.--Except as provided in subparagraph 
                (C), if the Authority determines that an Act described 
                in this subsection is consistent with the applicable 
                financial plan and budget--
                            (i) the Authority shall submit to the 
                        Legislative Assembly a notice of the approval; 
                        and
                            (ii) the Legislative Assembly shall submit 
                        to Congress a copy of the Act for review.
                    (B) Finding of inconsistency.--Except as provided 
                in subparagraph (C), if the Authority determines that 
                an Act described in this subsection is significantly 
                inconsistent with the applicable financial plan and 
                budget, the Authority shall--
                            (i) notify the Legislative Assembly of the 
                        finding;
                            (ii) provide the Legislative Assembly with 
                        an explanation of the reasons for the finding; 
                        and
                            (iii) to the extent the Authority considers 
                        to be appropriate, provide to the Legislative 
                        Assembly recommendations for modifications to 
                        the Act.
                    (C) Exception for emergencies.--Subparagraphs (A) 
                and (B) shall not apply with respect to any Act that 
                the Legislative Assembly determines should take effect 
                immediately due to an emergency circumstance.
            (4) Effect of finding.--If the Authority makes a finding 
        under paragraph (3)(B), the Legislative Assembly may not submit 
        to Congress the Act for review.
            (5) Deemed approval.--
                    (A) In general.--Subject to subparagraph (B), if 
                the Authority fails to notify the Legislative Assembly 
                of an approval or disapproval of an Act described in 
                this subsection by the date that is 7 days after the 
                date on which the Legislative Assembly submits the Act 
                to the Authority, the Authority shall be deemed to have 
                approved the Act in accordance with paragraph (3)(A).
                    (B) Extension.--The Authority may elect to extend 
                the deadline described in subparagraph (A) to a period 
                of not longer than 14 days, subject to the condition 
                that the Authority shall notify the Legislative 
                Assembly and the Governor of the election.
            (6) Preliminary review of proposed acts.--
                    (A) In general.--Subject to subparagraph (B), at 
                the request of the Legislative Assembly, the Authority 
                may conduct a preliminary review of proposed 
                legislation pending before the Legislative Assembly to 
                determine whether the legislation as proposed would be 
                consistent with the applicable financial plan and 
                budget approved under section 323 or 324.
                    (B) Treatment.--A preliminary review under 
                subparagraph (A) shall not be binding on the Authority 
                in reviewing any Act subsequently submitted under this 
                subsection.
    (b) Effect on Contracts and Leases.--
            (1) Mandatory prior approval.--
                    (A) In general.--In the case of a contract or lease 
                described in subparagraph (B) that is proposed to be 
                entered into by the Commonwealth government during a 
                control year, the Governor (or other appropriate 
                officer or agent of the Commonwealth government)--
                            (i) shall submit to the Authority the 
                        proposed contract or lease for review and 
                        approval; and
                            (ii) may not enter into the contract or 
                        lease unless the Authority determines that the 
                        proposed contract or lease is consistent with 
                        the financial plan and budget for the control 
                        year.
                    (B) Contracts and leases described.--A contract or 
                lease referred to in subparagraph (A) is--
                            (i) a labor contract entered into through 
                        collective bargaining; or
                            (ii) such other type of contract or lease 
                        as the Authority may specify for purposes of 
                        this subparagraph.
            (2) Review after execution.--
                    (A) In general.--In addition to the prior approval 
                of certain contracts and leases under paragraph (1), 
                the Authority may require the Governor (or other 
                appropriate officer or agent of the Commonwealth 
                government) to submit to the Authority--
                            (i) any other contract (including a 
                        contract to carry out a grant) or lease entered 
                        into by the Commonwealth government during a 
                        control year that is executed after the date on 
                        which the Authority has approved the financial 
                        plan and budget for the control year under 
                        section 323 or 324; or
                            (ii) any proposal of the Commonwealth 
                        government to renew, extend, or modify a 
                        contract or lease during a control year that is 
                        made after the date on which the Authority has 
                        approved that financial plan and budget.
                    (B) Action by authority.--The Authority shall 
                review each contract or lease submitted under 
                subparagraph (A) to determine whether the contract or 
                lease is consistent with the financial plan and budget 
                for the applicable control year.
                    (C) Action by governor.--If the Authority 
                determines under subparagraph (B) that a contract or 
                lease is not consistent with the applicable financial 
                plan and budget, to ensure that the contract or lease 
                will be consistent with the financial plan and budget, 
                the Governor shall--
                            (i) take such action pursuant to the 
                        authority of the Governor to revise the 
                        contract or lease; or
                            (ii) submit a proposed revision to the 
                        financial plan and budget in accordance with 
                        section 323(b)(5) or 324(b)(5).
            (3) Contracts subject to legislative assembly approval.--In 
        the case of a contract or lease that is required to be 
        submitted to the Authority under this subsection and is subject 
        to approval by the Legislative Assembly under the laws of the 
        Commonwealth, the Governor shall submit the contract or lease 
        to the Authority only after the Legislative Assembly has 
        approved the contract or lease.
    (c) Restrictions on Reprogramming of Amounts.--
            (1) Submissions of requests to authority.--If the Governor 
        submits to the Legislative Assembly a request for the 
        reprogramming of any amounts provided in a budget for a fiscal 
        year that occurs during a control year after the date on which 
        the budget is adopted by the Legislative Assembly--
                    (A) the Governor shall submit the request to the 
                Authority; and
                    (B) the Authority shall--
                            (i) analyze the effect of the proposed 
                        reprogramming on the financial plan and budget 
                        for the fiscal year; and
                            (ii) submit the analysis to the Legislative 
                        Assembly by not later than 15 days after the 
                        date of receipt of the request.
            (2) No action permitted.--The Legislative Assembly may not 
        adopt a reprogramming during a fiscal year that occurs during a 
        control year, and no officer or employee of the Commonwealth 
        government may carry out any reprogramming during such a year, 
        until the Authority has provided to the Legislative Assembly an 
        analysis of a request for the reprogramming in accordance with 
        paragraph (1).

SEC. 326. RESTRICTIONS ON BORROWING.

    (a) In General.--The Commonwealth government may not borrow money 
during a control year, unless the Authority provides to the Governor a 
certification that both the receipt of funds through that borrowing and 
the repayment of obligations incurred through the borrowing are 
consistent with the financial plan and budget for the control year.
    (b) Revisions to Financial Plan and Budget.--If the Authority 
determines that a borrowing proposed to be carried out by the 
Commonwealth government under subsection (a) is not consistent with the 
financial plan and budget, the Governor may submit to the Authority a 
proposed revision to the financial plan and budget in accordance with 
section 324(b)(5) to ensure that the borrowing is consistent with the 
revised financial plan and budget.
    (c) Borrowing Described.--This subsection shall apply with respect 
to any borrowing carried out by the Commonwealth government, 
including--
            (1) borrowing through the issuance of bonds;
            (2) the exercise of authority to obtain funds from the 
        United States Treasury; or
            (3) any other means.

SEC. 327. FINDING OF NONCOMPLIANCE.

    (a) Submission of Reports.--On initiation of a control period under 
section 322(b), the Governor shall submit to the Authority a report 
that--
            (1) describes the actual revenues obtained and expenditures 
        made by the Commonwealth government during the preceding 
        quarter, as compared to cash flows during that quarter; and
            (2) compares those actual revenues, expenditures, and cash 
        flows with the most recent projections for those items.
    (b) Demand for Additional Information.--If the Authority 
determines, based on reports submitted by the Governor under subsection 
(a), independent audits, or such other information as the Authority may 
obtain, that the revenues or expenditures of the Commonwealth 
government during a control year are not consistent with the financial 
plan and budget for the year, the Authority shall require the Governor 
to provide such additional information as the Authority determines to 
be necessary to explain the inconsistency.
    (c) Certification of Variance.--
            (1) In general.--After requiring the Governor to provide 
        additional information under subsection (b), the Authority 
        shall certify to the Legislative Assembly, the President, the 
        Secretary, and Congress that the Commonwealth government is at 
        variance with the financial plan and budget, unless--
                    (A) the Authority determines to be reasonable and 
                appropriate, taking into account the terms of the 
                financial plan and budget--
                            (i) an explanation for the inconsistency 
                        based on the additional information; or
                            (ii) a remedial action (including revising 
                        the financial plan and budget pursuant to 
                        section 324(b)(5)) implemented by the 
                        Commonwealth government to correct the 
                        inconsistency; and
                    (B) the Governor agrees to submit the reports 
                described in subsection (a) on a monthly basis for such 
                period as the Authority may require.
            (2) Inconsistencies attributable to acts of congress.--
                    (A) Determination by authority.--If the Authority 
                determines that the revenues or expenditures of the 
                Commonwealth government during a control year are not 
                consistent with the financial plan and budget for the 
                year as approved by the Authority under section 324 as 
                a result of the terms and conditions of the budget of 
                the Commonwealth government for the control year or as 
                a result of any law enacted by Congress that affects 
                the Commonwealth, the Authority shall submit to the 
                Governor a notification of the determination.
                    (B) Certification.--In the case of an inconsistency 
                described in subparagraph (A), the Authority shall 
                certify to the Legislative Assembly, the President, the 
                Secretary, and Congress that the Commonwealth 
                government is at variance with the financial plan and 
                budget unless the Commonwealth government adopts or 
                implements a remedial action (including revising the 
                financial plan and budget pursuant to section 
                324(b)(5)) to correct the inconsistency that the 
                Authority finds reasonable and appropriate, taking into 
                account the terms of the financial plan and budget.
    (d) Effect of Certification.--If the Authority certifies to the 
Secretary that a variance exists--
            (1) the Authority may withhold any funds deposited in an 
        account of the Authority which would otherwise be expended on 
        behalf of the Commonwealth government; and
            (2) the Secretary shall withhold funds otherwise payable to 
        the Commonwealth under such Federal programs as the Authority 
        may specify (other than funds dedicated to making entitlement 
        or benefit payments to individuals), in such amounts and in 
        accordance with such other conditions as the Authority may 
        specify.

SEC. 328. RECOMMENDATIONS REGARDING FINANCIAL STABILITY AND MANAGEMENT 
              RESPONSIBILITY.

    (a) In General.--The Authority may at any time submit 
recommendations to the Governor, the Legislative Assembly, the 
President, and Congress regarding actions the Commonwealth government 
or the Federal Government may take to ensure compliance by the 
Commonwealth government with a financial plan and budget, or to 
otherwise promote the financial stability, management responsibility, 
and service delivery efficiency of the Commonwealth government, 
including recommendations relating to--
            (1) the management of the financial affairs of the 
        Commonwealth government, including cash forecasting, 
        information technology, placing controls on expenditures for 
        personnel, reducing benefit costs, reforming procurement 
        practices, and placing other controls on expenditures;
            (2) the structural relationship of departments, agencies, 
        and independent agencies within the Commonwealth government;
            (3)(A) the modification of existing revenue structures; or
            (B) the establishment of additional revenue structures;
            (4) the establishment of alternatives for meeting 
        obligations to pay for the pensions of former Commonwealth 
        government employees;
            (5) modifications or transfers of the types of services 
        that are the responsibility of, and are delivered by, the 
        Commonwealth government;
            (6) modifications of the types of services that are 
        delivered by entities other than the Commonwealth government 
        under alternative service delivery mechanisms (including 
        privatization and commercialization);
            (7) the effects of Commonwealth laws and court orders on 
        the operations of the Commonwealth government;
            (8) the establishment of a personnel system for employees 
        of the Commonwealth government that is based on employee 
        performance standards; and
            (9) the improvement of personnel training and proficiency, 
        the adjustment of staffing levels, and the improvement of 
        training and performance of management and supervisory 
        personnel.
    (b) Response to Recommendations.--
            (1) In general.--In the case of any recommendations 
        submitted under subsection (a) during a control year that are 
        within the authority of the Commonwealth government to adopt, 
        not later than 90 days after the date of receipt of the 
        recommendations, the Governor or the Legislative Assembly 
        (whichever has the authority to adopt the recommendation) shall 
        submit to the Authority, the President, and Congress a 
        notification describing whether the Commonwealth government 
        will adopt the recommendations.
            (2) Implementation plan required.--If the Governor or the 
        Legislative Assembly (as applicable) notifies the Authority and 
        Congress under paragraph (1) that the Commonwealth government 
        will adopt a recommendation submitted under subsection (a), the 
        Governor or the Legislative Assembly shall include in the 
        statement a written plan to implement the recommendation that 
        includes--
                    (A) specific performance measures to determine the 
                extent to which the Commonwealth government has adopted 
                the recommendation; and
                    (B) a schedule for auditing compliance by the 
                Commonwealth government with the plan.
            (3) Recommendations not adopted.--If the Governor or the 
        Legislative Assembly (as applicable) notifies the Authority, 
        the President, and Congress under paragraph (1) that the 
        Commonwealth government will not adopt a recommendation 
        submitted under subsection (a) that the Commonwealth government 
        has authority to adopt, the Governor or the Legislative 
        Assembly shall include in the statement an explanation for the 
        rejection of the recommendation.
    (c) Implementation of Rejected Recommendations.--
            (1) In general.--If the Governor or the Legislative 
        Assembly (as applicable) notifies the Authority, the President, 
        and Congress under subsection (b)(1) that the Commonwealth 
        government will not adopt a recommendation submitted under 
        subsection (a) that the Commonwealth government has authority 
        to adopt, the Authority, by a majority vote of the members of 
        the Authority, may take such action concerning the 
        recommendation as the Authority determines to be appropriate, 
        after consultation with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Effective date.--This subsection shall apply with 
        respect to recommendations of the Authority made after the date 
        that is 180 days after the date of enactment of this Act.

                       PART II--ISSUANCE OF BONDS

SEC. 331. AUTHORITY TO ISSUE BONDS.

    (a) In General.--
            (1) Request of governor.--Subject to the requirements of 
        this part, the Authority may at the request of the Governor and 
        pursuant to an Act of the Legislative Assembly, issue bonds, 
        notes, or other obligations to borrow funds for the use of the 
        Commonwealth government, in such amounts and in such manner as 
        the Authority considers appropriate.
            (2) Special rule for instrumentalities with independent 
        borrowing authority.--In the case of an agency or 
        instrumentality of the Commonwealth government that has the 
        authority to issue bonds, notes, or obligations to borrow funds 
        without the enactment of an Act of the Legislative Assembly, 
        the Authority may issue bonds, notes, or other obligations to 
        borrow funds for the use or functions of the agency or 
        instrumentality at the request of the head of the agency or 
        instrumentality.
    (b) Deposit of Funds Obtained Through Borrowing With Authority.--
            (1) In general.--Any amounts obtained by the Commonwealth 
        government through borrowing by the Authority pursuant to this 
        part shall be deposited in an escrow account held by the 
        Authority.
            (2) Allocation.--The Authority shall make available to the 
        Commonwealth government funds from the escrow account in such 
        amounts and at such times as the Authority considers 
        appropriate, consistent with the specified purposes of the 
        funds and the applicable financial plan and budget.
    (c) Uses of Funds Obtained Through Bonds.--Any amounts obtained 
through the issuance of bonds, notes, or other obligations pursuant to 
this part may be used for--
            (1) any purpose (consistent with the applicable financial 
        plan and budget) under part I for which the Commonwealth 
        government may use borrowed funds; and
            (2) any other purpose that the Authority considers 
        appropriate.

SEC. 332. PLEDGE OF SECURITY INTEREST IN REVENUES OF COMMONWEALTH 
              GOVERNMENT.

    (a) In General.--The Authority may pledge or grant a security 
interest in revenues to individuals or entities purchasing bonds, 
notes, or other obligations issued pursuant to this part.
    (b) Dedication of Revenue Stream From Commonwealth Government.--The 
Authority shall require the Governor--
            (1) to pledge or direct to the Authority any taxes or other 
        revenues otherwise payable to the Commonwealth government that 
        are not otherwise pledged or committed, including payments from 
        the Federal Government, for purposes of securing repayment of 
        bonds, notes, or other obligations issued under this part; and
            (2) to transfer to the Authority the proceeds of any tax 
        levied for purposes of securing any bonds, notes, or other 
        obligations issued under this part immediately on collection of 
        the proceeds.

SEC. 333. ESTABLISHMENT OF DEBT SERVICE RESERVE FUND.

    (a) In General.--As a condition for the issuance of bonds, notes, 
or other obligations pursuant to this part, the Authority shall 
establish a debt service reserve fund, which shall be a trust fund held 
for the benefit and security of the obligees of the Authority whose 
bonds, notes, or other obligations are secured by the debt service 
reserve fund, consisting of such funds as the Authority may make 
available for the debt service reserve fund.
    (b) Requirements.--
            (1) Uses of funds.--Amounts in a debt service reserve fund 
        established under subsection (a) may be used only for--
                    (A) the payment of the principal of bonds secured 
                in whole or in part by the debt service reserve fund;
                    (B) the purchase or redemption of the bonds;
                    (C) the payment of interest on the bonds; or
                    (D) the payment of any redemption premium required 
                to be paid when the bonds and notes are redeemed prior 
                to maturity.
            (2) Restrictions on withdrawals.--
                    (A) In general.--There may not be withdrawn from 
                the debt service reserve fund an amount that would 
                reduce the amount of the debt service reserve fund to 
                less than the minimum reserve fund requirement 
                established for the debt service reserve fund in the 
                resolution of the Authority establishing the fund, 
                except for withdrawals for--
                            (i) the purpose of making payments of 
                        principal, interest, redemption premiums, and 
                        sinking fund payments, if any, with respect to 
                        the bonds for the payment of which other 
                        amounts of the Authority are not available; and
                            (ii) the purpose of funding the operations 
                        of the Authority for a fiscal year (in such 
                        amounts and under such conditions as are 
                        established under the budget of the Authority 
                        for the fiscal year under section 316(a)).
                    (B) Use of excess funds.--Nothing in subparagraph 
                (A) prohibits the Authority from transferring to other 
                funds or accounts of the Authority any income or 
                interest earned by, or increments to, the debt service 
                reserve fund due to the investment of funds in the debt 
                service reserve fund (to the extent the transfer does 
                not reduce the amount of the debt service reserve fund 
                below the minimum reserve fund requirement established 
                for the debt service reserve fund) for such purposes as 
                the Authority considers to be appropriate to promote 
                the financial stability and management efficiency of 
                the Commonwealth government.

SEC. 334. OTHER REQUIREMENTS FOR ISSUANCE OF BONDS.

    The Authority may not issue bonds, notes, or other obligations 
pursuant to this part that are secured in whole or in part by a debt 
service reserve fund established under section 333 if issuance of the 
bonds would cause the amount in the debt service reserve fund to fall 
below the minimum reserve requirement for the debt service reserve 
fund, unless the Authority, on issuance of the bonds, deposits in the 
debt service reserve fund an amount (from the proceeds of the bonds to 
be issued or from other sources) that, when added to the amount already 
in the debt service reserve fund, would cause the total amount in the 
debt service reserve fund to equal or exceed the minimum reserve fund 
requirement established by the Authority on the date of the 
establishment of the debt service reserve fund.

SEC. 335. NO FULL FAITH AND CREDIT OF THE UNITED STATES.

    (a) In General.--The full faith and credit of the United States is 
not pledged for the payment of any principal of or interest on any 
bond, note, or other obligation issued by the Authority pursuant to 
this part.
    (b) Responsibility or Liability of the United States.--The United 
States is not responsible or liable for the payment of any principal of 
or interest on any bond, note, or other obligation issued by the 
Authority pursuant to this part.

                  PART III--OTHER DUTIES OF AUTHORITY

SEC. 341. DUTIES OF AUTHORITY DURING YEAR OTHER THAN CONTROL YEAR.

    (a) In General.--During the period beginning on the termination of 
a control period under subsection (a)(3) or (b)(3) of section 322 and 
ending with the suspension of activities of the Authority under section 
317, the Authority shall--
            (1) review the budgets of the Commonwealth government 
        adopted by the Legislative Assembly for each fiscal year 
        occurring during the period;
            (2) at such time as the Authority considers appropriate 
        prepare and submit to the Governor, the Legislative Assembly, 
        the President, and Congress a report analyzing the budget;
            (3)(A) monitor the financial status of the Commonwealth 
        government or a public corporation; and
            (B) if the Authority determines that a risk to the 
        financial status of the Commonwealth government or a public 
        corporation exists and that a control period needs to be 
        implemented with respect to the Commonwealth government or a 
        public corporation in accordance with section 322, submit to 
        the Governor, the Legislative Assembly, the President, and 
        Congress a report describing the determination; and
            (4) carry out activities under part II with respect to 
        bonds, notes, or other obligations of the Authority outstanding 
        during the period.
    (b) Requiring Governor To Submit Budgets to Authority.--With 
respect to the budget for each fiscal year during the period described 
in subsection (a), on the date on which the Governor submits the budget 
of the Commonwealth government adopted by the Legislative Assembly to 
the President in accordance with this title, the Governor shall 
transmit the budget to the Authority.

SEC. 342. GENERAL ASSISTANCE IN ACHIEVING FINANCIAL STABILITY AND 
              MANAGEMENT EFFICIENCY.

    In addition to any other actions described in this subtitle, the 
Authority may undertake cooperative efforts to assist the Commonwealth 
government in achieving financial stability and management efficiency, 
including--
            (1) assisting the Commonwealth government in avoiding 
        defaults, eliminating and liquidating deficits, maintaining 
        sound budgetary practices, and avoiding interruptions in the 
        delivery of services;
            (2) assisting the Commonwealth government in improving--
                    (A) the delivery of government services;
                    (B) the training and effectiveness of personnel of 
                the Commonwealth government; and
                    (C) the efficiency of management and supervision; 
                and
            (3) making recommendations to the President for submission 
        to Congress on changes to this title or other Federal laws or 
        other actions of the Federal Government that would assist the 
        Commonwealth government in complying with an approved financial 
        plan and budget.

SEC. 343. OBTAINING REPORTS.

    The Authority may require the Governor, the Legislative Assembly, 
and the Inspector General of Puerto Rico to prepare and submit any 
reports that the Authority considers appropriate to assist the 
Authority in carrying out the responsibilities of the Authority under 
this subtitle, including submitting copies of any reports regarding 
revenues, expenditures, budgets, costs, plans, operations, estimates, 
and other financial or budgetary matters of the Commonwealth 
government.

SEC. 344. REPORTS AND COMMENTS.

    (a) Annual Reports to Congress.--Not later than 30 days after the 
last day of each fiscal year that is a control year, the Authority 
shall submit to Congress a report that describes--
            (1) the progress made by the Commonwealth government and 
        public corporations in meeting the objectives of this title 
        during the fiscal year;
            (2) the assistance provided by the Authority to the 
        Commonwealth government and public corporations in meeting the 
        purposes of this title for the fiscal year; and
            (3) any other activities of the Authority during the fiscal 
        year.
    (b) Review and Analysis of Performance and Financial Accountability 
Reports.--The Authority shall--
            (1) review each report prepared and submitted by the 
        Governor under this title; and
            (2) submit to Congress a report that analyzes the 
        completeness and accuracy of each report.
    (c) Comments Regarding Activities of Commonwealth Government.--At 
any time during a control year, the Authority may submit to Congress a 
report that describes any action taken by the Commonwealth government 
(or any failure to act by the Commonwealth government) that the 
Authority determines would--
            (1) adversely affect the ability of the Commonwealth 
        government to comply with an approved financial plan and 
        budget; or
            (2) have a significant adverse impact on the best interests 
        of the Commonwealth.
    (d) Reports on Effect of Federal Laws on Commonwealth Government.--
At any time during any year, the Authority may submit to the Governor, 
the Legislative Assembly, the President, and Congress a report that 
describes--
            (1) the effect of laws enacted by Congress on the financial 
        plan and budget for the year; and
            (2) the financial stability and management efficiency of 
        the Commonwealth government in general.
    (e) Making Reports Publicly Available.--The Authority shall make 
any report submitted under this section available to the public, except 
to the extent that the Authority determines that the report contains 
confidential material.

                  Subtitle C--Chief Financial Officer

SEC. 351. ESTABLISHMENT OF OFFICE.

    (a) In General.--There is established within the executive branch 
of the Commonwealth government an Office of the Chief Financial Officer 
of Puerto Rico, which shall be headed by the Chief Financial Officer of 
Puerto Rico.
    (b) Transfer of Government Development Bank Functions and 
Personnel.--Effective with the appointment of the first Chief Financial 
Officer under section 352, the functions and personnel of the 
Government Development Bank are transferred to the Office.
    (c) President of Government Development Bank.--With respect to the 
Government Development Bank--
            (1) the Chief Financial Officer shall appoint the President 
        of the Government Development Bank, subject to the approval of 
        the Governor; and
            (2) the Chief Financial Officer may remove the President of 
        the Government Development Bank for cause, after consultation 
        with the Governor.

SEC. 352. APPOINTMENT; REMOVAL.

    (a) Appointment.--
            (1) Control year.--
                    (A) In general.--During a control year initiated 
                under section 322(b), the Chief Financial Officer shall 
                be appointed by the Governor in accordance with this 
                paragraph.
                    (B) Recommendations.--Prior to the appointment of 
                the Chief Financial Officer, the Authority may submit 
                recommendations for the appointment to the Governor.
                    (C) Nomination.--In consultation with the Authority 
                and the Legislative Assembly, the Governor shall 
                nominate an individual for appointment and notify the 
                Legislative Assembly of the nomination.
                    (D) Notification.--After the expiration of the 7-
                day period beginning on the date on which the Governor 
                notifies the Legislative Assembly of the nomination 
                under subparagraph (B), the Governor shall notify the 
                Authority of the nomination.
                    (E) Effectiveness.--The nomination shall be 
                effective subject to approval by a majority vote of the 
                Authority.
            (2) Other years.--
                    (A) In general.--During a year other than a control 
                year initiated under section 322(b), the Chief 
                Financial Officer shall be appointed by the Governor 
                with the advice and consent of the Legislative 
                Assembly.
                    (B) Recommendations.--Prior to appointment under 
                subparagraph (A), the Authority may submit 
                recommendations for the appointment.
    (b) Removal.--
            (1) Control year.--During a control year initiated under 
        section 322(b), the Chief Financial Officer may be removed for 
        cause by the Authority or by the Governor with the approval of 
        the Authority.
            (2) Other years.--During a year other than a control year 
        initiated under section 322(b), the Chief Financial Officer 
        shall serve at the pleasure of the Governor, except that the 
        Chief Financial Officer may only be removed for cause.
    (c) Salary.--The Chief Financial Officer shall be paid at an annual 
rate determined by the Governor, except that the rate may not exceed 
the rate of basic pay payable for level IV of the Executive Schedule, 
as described in section 5315 of title 5, United States Code.

SEC. 353. FUNCTIONS OF CHIEF FINANCIAL OFFICER.

    (a) Functions During Control Year.--During a control year initiated 
under section 322(b), the Chief Financial Officer shall have the 
following duties:
            (1) Preparing the financial plan and budget for the use of 
        the Governor.
            (2) Preparing the budgets of the Commonwealth for the year 
        for the use of the Governor.
            (3) Ensuring that all financial information presented by 
        the Governor is presented in a manner consistent with 
        applicable law.
            (4) Implementing appropriate procedures and instituting 
        such programs, systems, and personnel policies within the 
        authority of the Chief Financial Officer, to ensure that 
        budget, accounting, and personnel control systems and 
        structures are synchronized for budgeting and control purposes 
        on a continuing basis.
            (5) With the approval of the Authority, preparing and 
        submitting to the Governor and the Legislative Assembly--
                    (A) annual estimates of all revenues of the 
                Commonwealth government (without regard to the source 
                of the revenues), including proposed revenues, which 
                shall be binding on the Governor and the Legislative 
                Assembly for purposes of preparing and submitting the 
                budget of the Commonwealth government for the year, 
                except that the Governor and the Legislative Assembly 
                may prepare the budget based on estimates of revenues 
                that are lower than those prepared by the Chief 
                Financial Officer; and
                    (B) quarterly re-estimates of the revenues of the 
                Commonwealth government during the year.
            (6) Supervising and assuming responsibility for financial 
        transactions to ensure--
                    (A) adequate control of revenues and resources; and
                    (B) that appropriations are not exceeded.
            (7) Maintaining systems of accounting and internal control 
        designed to provide--
                    (A) full disclosure of the financial impact of the 
                activities of the Commonwealth government;
                    (B) adequate financial information needed by the 
                Commonwealth government for management purposes;
                    (C) effective control over, and accountability for, 
                all funds, property, and other assets of the 
                Commonwealth government; and
                    (D) reliable accounting results to serve as the 
                basis for preparing and supporting agency budget 
                requests and controlling the execution of the budget.
            (8) Submitting to the Legislative Assembly a financial 
        statement of the Commonwealth government, containing such 
        details and at such times as the Legislative Assembly may 
        specify.
            (9) Supervising and assuming responsibility for the levying 
        and collection of all taxes, special assessments, licensing 
        fees, and other revenues of the Commonwealth government (as may 
        be required by law), and receiving all amounts paid to the 
        Commonwealth government from any source (including the 
        Authority).
            (10) Maintaining custody of all public funds belonging to 
        or under the control of the Commonwealth government (or any 
        department or agency of the Commonwealth government), and 
        depositing all amounts paid in such depositories and under such 
        terms and conditions as may be designated by the Legislative 
        Assembly or the Authority.
            (11)(A) Maintaining custody of all investment and invested 
        funds of the Commonwealth government or in possession of the 
        Commonwealth government in a fiduciary capacity.
            (B) Maintaining the safekeeping of all bonds and notes of 
        the Commonwealth government and the receipt and delivery of 
        Commonwealth government bonds and notes for transfer, 
        registration, or exchange.
            (12)(A) Apportioning the total of all appropriations and 
        funds made available during the year for obligation so as to 
        prevent obligation or expenditure in a manner that would result 
        in a deficiency or a need for supplemental appropriations 
        during the year.
            (B) With respect to appropriations and funds available for 
        an indefinite period and all authorizations to create 
        obligations by contract in advance of appropriations, 
        apportioning the total of those appropriations, funds, or 
        authorizations in the most effective and economical manner.
            (13) Certifying all contracts (whether directly or through 
        delegation) prior to execution as to the availability of funds 
        to meet the obligations expected to be incurred by the 
        Commonwealth government under the contracts during the year.
            (14) Prescribing the forms of receipts, vouchers, bills, 
        and claims to be used by all agencies, offices, and 
        instrumentalities of the Commonwealth government.
            (15) Certifying and approving prior to payment all bills, 
        invoices, payrolls, and other evidences of claims, demands, or 
        charges against the Commonwealth government, and determining 
        the regularity, legality, and correctness of those bills, 
        invoices, payrolls, claims, demands, or charges.
            (16) In coordination with the Inspector General of Puerto 
        Rico, performing internal audits of accounts and operations and 
        records of the Commonwealth government, including the 
        examination of any accounts or records of financial 
        transactions, giving due consideration to the effectiveness of 
        accounting systems, internal control, and related 
        administrative practices of the departments and agencies of the 
        Commonwealth government.
    (b) Functions During All Years.--At all times, the Chief Financial 
Officer shall have the following duties:
            (1) Administering all borrowing programs of the 
        Commonwealth government for the issuance of long-term and 
        short-term indebtedness.
            (2) Administering the cash management program of the 
        Commonwealth government, including the investment of surplus 
        funds in governmental and nongovernmental interest-bearing 
        securities and accounts.
            (3) Administering the centralized Commonwealth government 
        payroll and retirement systems.
            (4) Governing the accounting policies and systems 
        applicable to the Commonwealth government.
            (5) Preparing appropriate annual, quarterly, and monthly 
        financial reports of the accounting and financial operations of 
        the Commonwealth government.
            (6) Not later than 120 days after the end of each fiscal 
        year, preparing the complete financial statement and report on 
        the activities of the Commonwealth government for the ending 
        fiscal year, for the use of the Governor.
    (c) Reports.--
            (1) In general.--At all times, the Chief Financial Officer 
        shall be responsible for reporting revenues received by the 
        Commonwealth government, including preparing, not later than 60 
        days after the last day of the applicable quarter or year, 
        quarterly and annual reports concerning the cash position of 
        the Commonwealth government.
            (2) Requirements.--Reports described in paragraph (1) shall 
        include the following:
                    (A)(i) Comparative reports of revenue and other 
                receipts by source, including tax, nontax, and Federal 
                revenues, grants and reimbursements, capital program 
                loans, and advances.
                    (ii) Each source shall be broken down into specific 
                components.
                    (B)(i) Statements of the cash flow of the 
                Commonwealth government for the preceding quarter or 
                year, including receipts, disbursements, net changes in 
                cash inclusive of the beginning balance, cash and 
                investment, and the ending balance, inclusive of cash 
                and investment.
                    (ii) Statements under clause (i) shall reflect the 
                actual, planned, better, or worse dollar amounts and 
                the percentage change with respect to the current 
                quarter, year-to-date, and fiscal year.
                    (C) Quarterly cash flow forecast for the quarter or 
                year involved, reflecting receipts, disbursements, net 
                change in cash inclusive of the beginning balance, cash 
                and investment, and the ending balance, inclusive of 
                cash and investment with respect to the actual dollar 
                amounts for the quarter or year, and projected dollar 
                amounts for each of the 3 succeeding quarters.
                    (D) Monthly reports reflecting a detailed summary 
                analysis of all Commonwealth government investments, 
                including--
                            (i) the total of long-term and short-term 
                        investments;
                            (ii) a detailed summary analysis of 
                        investments by type and amount, including 
                        purchases, sales (maturities), and interest;
                            (iii) an analysis of investment portfolio 
                        mix by type and amount, including liquidity, 
                        quality, and risk of each security, and similar 
                        information;
                            (iv) an analysis of investment strategy, 
                        including--
                                    (I) near-term strategic plans and 
                                projects of investment activity;
                                    (II) forecasts of future investment 
                                strategies based on anticipated market 
                                conditions; and
                                    (III) similar information; and
                            (v) an analysis of cash utilization, 
                        including--
                                    (I) comparisons of budgeted 
                                percentages of total cash to be 
                                invested with actual percentages of 
                                cash invested and the dollar amounts;
                                    (II) comparisons of the next return 
                                on invested cash expressed in 
                                percentages (yield) with comparable 
                                market indicators and established 
                                Commonwealth government yield 
                                objectives; and
                                    (III) comparisons of estimated 
                                dollar return against actual dollar 
                                yield.
                    (E)(i) Monthly reports reflecting a detailed 
                summary analysis of long-term and short-term borrowings 
                inclusive of debt in the current fiscal year and the 
                amount of debt for each succeeding fiscal year, not to 
                exceed 5 years.
                    (ii) All reports described in clause (i) shall 
                reflect--
                            (I) the amount of debt outstanding by type 
                        of instrument;
                            (II) the amount of authorized and unissued 
                        debt, including availability of short-term 
                        lines of credit, United States Treasury 
                        borrowings, and similar information;
                            (III) a maturity schedule of the debt;
                            (IV) the rate of interest payable on the 
                        debt; and
                            (V) the amount of debt service requirements 
                        and related debt service reserves.

                           Subtitle D--Effect

SEC. 361. EFFECT.

    Nothing in this title--
            (1) relieves any obligations existing as of the date of 
        enactment of this Act of the Commonwealth government to repay 
        any individual or entity from whom the Commonwealth government 
        has borrowed funds, whether through the issuance of bonds or 
        otherwise;
            (2) limits the authority of Congress to exercise authority 
        over the Commonwealth pursuant to article IV, section 3, clause 
        2 of the Constitution of the United States; or
            (3) impairs the right of residents of the Commonwealth to 
        express the preference of the residents regarding whether--
                    (A) to maintain the territorial status of the 
                Commonwealth in existence as of the date of enactment 
                of this Act; or
                    (B) to establish a permanent nonterritorial status 
                with the United States.

SEC. 362. PREEMPTION.

    This title preempts all Federal, State, and local laws relating to 
the Commonwealth, any public corporation, or any process for 
establishing or reviewing rates, fees, taxes, or other charges.

                TITLE IV--ADDITIONAL REPORTS AND STUDIES

SEC. 401. REPORT ON EXCLUSION OF TERRITORIES FROM EXCHANGES.

    (a) In General.--Not later than February 1, 2017, the Secretary of 
Health and Human Services, in consultation with the Joint Committee on 
Taxation, shall submit to Congress a report that describes the impact 
on each territory of the exclusion of such territories from the 
provisions of part 2 of subtitle D of title I of the Patient Protection 
and Affordable Care Act (42 U.S.C. 18031 et seq.).
    (b) Information in Report.--The report submitted under subsection 
(a) shall include the following:
            (1) With respect to health insurance coverage, an estimate 
        of the total number of uninsured and underinsured individuals 
        residing in each territory.
            (2) A description of the number of health insurance issuers 
        in each territory and the health insurance plans offered by 
        such issuers offer.
            (3) An estimate of the amount of Federal income taxes that 
        are currently paid in each territory and an estimate of the 
        amount that those taxes would be, in aggregate per territory, 
        if the Federal income tax system applied to the territory.
            (4) An estimate of the Federal income taxes that would be 
        paid, in the aggregate per territory, if individuals residing 
        in each territory paid the average per capita Federal income 
        tax share devoted to Federal health funding that is paid by 
        residents in the 50 States and the District of Columbia.

SEC. 402. STUDY OF PUERTO RICO PUBLIC PENSION DEBT.

    Not later than 6 months after the establishment of the Puerto Rico 
Financial Responsibility and Management Assistance Authority under 
title III of this Act, the Joint Board for the Enrollment of Actuaries 
established under section 3041 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1241) shall report to such Authority 
and the Office of Domestic Finance of the Department of the Treasury on 
the following with respect to the Puerto Rico public pension plans:
            (1) Recommendations on actions that would be necessary to 
        ensure that such plans can be sustainably maintained and funded 
        by the government of Puerto Rico for the next 20 years.
            (2) The feasibility of an assumption by the Department of 
        the Treasury of the assets and unfunded liabilities of such 
        plans, individually or collectively, in a manner substantially 
        similar to the actions taken with respect to the District 
        Retirement Fund under the District of Columbia Retirement 
        Protection Act of 1997.
            (3) Whether a freeze of future benefit accruals under such 
        plans is necessary or advisable.
            (4) The extent to which benefit reductions, such as have 
        been made in previous municipal bankruptcy proceedings, would 
        be necessary or advisable to attain sustainability for such 
        plans or create parity with payment reductions applicable to 
        retired individuals who are, directly or indirectly, Puerto 
        Rico bondholders.

SEC. 403. HEALTH AND HUMAN SERVICES REPORT.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall submit to 
the Committee on Finance and the Committee on Energy and Natural 
Resources of the Senate, the Committee on Ways and Means and the 
Committee on Natural Resources of the House of Representatives, and to 
the Resident Commissioner of the Commonwealth, recommendations that 
specify the manner in which the Federal Government should more 
equitably allocate resources across the territories--
            (1) without--
                    (A) adding to the Federal debt; or
                    (B) significantly decreasing the solvency of the 
                Federal Old-Age and Survivors Insurance Trust Fund and 
                the Federal Disability Insurance Trust Fund under 
                section 201 of the Social Security Act (42 U.S.C. 401), 
                the Federal Hospital Insurance Trust Fund under section 
                1817 of such Act (42 U.S.C. 1395i), and the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of such Act (42 U.S.C. 1395t); and
            (2) to promote--
                    (A) horizontal equity across territories; and
                    (B) inter-temporal horizontal equity across States 
                and territories to account for relative Federal income 
                tax burdens and needs.
    (b) Estimate of Effects.--Not later than 90 days after the date on 
which the recommendations are submitted under subsection (a), the 
Office of the Actuary of the Centers for Medicare & Medicaid Services 
shall provide to the Secretary of Health and Human Services and to the 
Committee on Finance and the Committee on Energy and Natural Resources 
of the Senate and the Committee on Ways and Means and the Committee on 
Natural Resources of the House of Representatives an estimate of the 
effects that such recommendations would have on the Federal Hospital 
Insurance Trust Fund under section 1817 of the Social Security Act (42 
U.S.C. 1395i).
    (c) Economic Impact Analysis.--Not later than 90 days after the 
date on which the recommendations are submitted under subsection (a), 
the Office of the Actuary of the Centers for Medicare & Medicaid 
Services shall provide to the Secretary of Health and Human Services, 
the Committee on Finance and the Committee on Energy and Natural 
Resources of the Senate, the Committee on Ways and Means and the 
Committee on Natural Resources of the House of Representatives, and to 
the Resident Commissioner of the Commonwealth an economic impact 
analysis of the benefits and costs of such recommendations, including 
an executive summary detailing the results of the analysis in 
nontechnical terminology.
    (d) Final Report.--Not later than 90 days after the date on which 
the estimate and analysis are provided under subsections (b) and (c), 
the Secretary of Health and Human Services, acting through the Medicare 
Payment Advisory Commission and the Medicaid and CHIP Access 
Commission, shall review such estimates and analyses and provide to the 
Committee on Finance and the Committee on Energy and Natural Resources 
of the Senate, the Committee on Ways and Means and the Committee on 
Natural Resources of the House of Representatives, and to the Resident 
Commissioner of the Commonwealth a report containing a final assessment 
and recommendations based on such estimates and analyses to provide 
equitable treatment to territories and do so in a fiscally responsible 
way, both intra- and inter-temporally.

                     TITLE V--TRANSITION ASSISTANCE

SEC. 501. ASSISTANCE BY THE AUTHORITY, IF NECESSARY, TO ASSIST 
              TRANSITION TO STABILITY.

    (a) Appropriation.--There is authorized to be appropriated, and 
there is appropriated, $3,000,000,000. Such amount shall remain 
available through fiscal year 2016.
    (b) Use of Funds.--Amount appropriated under subsection (a) may be 
used by the Authority to provide resources, if the Authority determines 
it to be necessary, to assist the transition of the Commonwealth to 
financial, fiscal, economic, and health care stability.
    (c) Reasons for Use of Funds.--If the Authority provides funds to 
the Commonwealth under subsection (b), the Authority shall, not later 
than 30 days prior to allocating such funds, submit a report concerning 
the reasons for the use of such funds, including the perceived need for 
transition assistance and empirical analysis verifying such need, to--
            (1) the Committee on Finance and the Committee on Energy 
        and Natural Resources of the Senate;
            (2) the Committee on Ways and Means and the Committee on 
        Natural Resources of the House of Representatives;
            (3) the Resident Commissioner of the Commonwealth; and
            (4) the Governor.
    (d) Audit.--The Comptroller General shall--
            (1) conduct an audit of the use of funds provided to Puerto 
        Rico under subsection (b); and
            (2) when practicable, submit to the appropriate committees 
        of Congress a report detailing the expenditures under this 
        section and the purpose of such expenditures.

SEC. 502. OFFSET FOR TRANSITION ASSISTANCE AND PREVENTION AND PUBLIC 
              HEALTH FUND.

    (a) In General.--Subsection (b) of section 4002 of the Patient 
Protection and Affordable Care Act (42 U.S.C. 300u-11) is amended--
            (1) in paragraph (2), by striking ``2017'' and inserting 
        ``2015''; and
            (2) by striking paragraphs (3) through (5).
    (b) Rescission of Unobligated Funds.--Of the funds made available 
by such section 4002, the unobligated balance is rescinded.

                     TITLE VI--TECHNICAL ASSISTANCE

SEC. 601. TECHNICAL ASSISTANCE TO IMPROVE ACCOUNTING, DISCLOSURE, AND 
              ECONOMIC MEASUREMENT PRACTICES IN THE TERRITORIES.

    (a) In General.--The Secretary of the Treasury (referred to in this 
section as the ``Secretary'') shall provide technical assistance to the 
territories of the United States (including the Commonwealth of Puerto 
Rico) to provide for improved accounting and disclosure practices in 
the applicable territory.
    (b) Inclusions.--In providing technical assistance under subsection 
(a), the Secretary, in consultation with any appropriate economic 
measurement agency and economic statistical agency of the Federal 
Government and the Federal Reserve Bank of New York, may provide 
assistance relating to--
            (1) information technology upgrades;
            (2) improving economic forecasting capabilities;
            (3) improving and expanding economic indicators for the 
        territory in order to bring the indicators into line with the 
        indicators regularly used to track regional conditions in the 
        United States;
            (4) budgeting, cash management, and spending controls; and
            (5) ensuring that agencies in the territory use financial 
        systems that are compatible with the systems of other agencies 
        of the territory to provide for consistent, timely financial 
        reporting and visibility into expenses.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
the period of fiscal years 2016 through 2019.
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