[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3044 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3044

To provide certain assistance for the Commonwealth of Puerto Rico, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2016

  Mr. Sanders introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide certain assistance for the Commonwealth of Puerto Rico, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Commonwealth.
      TITLE I--SENSE OF CONGRESS ON DEBT HELD BY THE COMMONWEALTH

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Sense of Congress.
        TITLE II--PUERTO RICO RECONSTRUCTION FINANCE CORPORATION

Sec. 201. Definitions.
Sec. 202. Establishment and funding.
Sec. 203. Board of the Corporation.
Sec. 204. Duties.
Sec. 205. Default by the Commonwealth or a municipality of the 
                            Commonwealth.
Sec. 206. Rule of construction.
              TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY

Sec. 301. Amendment.
Sec. 302. Effective date; application of amendment.
Sec. 303. Severability.
    TITLE IV--ADDRESSING HEALTH CARE DISPARITIES IN THE COMMONWEALTH

                          Subtitle A--Medicaid

Sec. 411. Elimination of general Medicaid funding limitations (``cap'') 
                            for Puerto Rico.
Sec. 412. Elimination of specific Federal medical assistance percentage 
                            (FMAP) limitation for Puerto Rico.
Sec. 413. Application of 100 percent Federal poverty line (FPL) 
                            limitation to Puerto Rico.
Sec. 414. Extension of application of Medicare payment floor to primary 
                            care services furnished in Puerto Rico 
                            under Medicaid and application to 
                            additional providers.
                    Subtitle B--Medicare Provisions

Sec. 421. Application of part B deemed enrollment process to residents 
                            of Puerto Rico; special enrollment period 
                            and limit on late enrollment penalties.
Sec. 422. Puerto Rico practice expense GPCI improvement.
Sec. 423. Permanent extension of incentive payments for primary care 
                            services furnished in Puerto Rico.
 Subtitle C--National Environmental Public Health Tracking and Studies

Sec. 431. National Environmental Public Health Tracking.
Sec. 432. Study on environmental, biological, and health data from the 
                            island of Vieques, Puerto Rico.
                  TITLE V--INFRASTRUCTURE INVESTMENTS

              Subtitle A--Energy Infrastructure Incentives

Sec. 511. Grant program to promote of access to renewable energy and 
                            energy efficiency for Puerto Rico.
Sec. 512. Incentives for energy efficient commercial buildings.
Sec. 513. Incentives for new energy efficient homes.
  Subtitle B--Transportation, Housing, and Agriculture Infrastructure 
                               Incentives

Sec. 521. General provisions.
Sec. 522. Highway program.
Sec. 523. TIGER discretionary grants.
Sec. 524. Passenger and freight rail improvements.
Sec. 525. Airport Improvement Program.
Sec. 526. Clean and safe water revolving funds.
Sec. 527. Rural Utilities Service programs.
Sec. 528. Rural Energy for America Program.
Sec. 529. Construction of ferry boats and ferry terminal facilities.
Sec. 530. Corps of Engineers funds.
Sec. 531. Predisaster hazard mitigation and resiliency.
Sec. 532. Broadband programs.
Sec. 533. Housing and community development.
    TITLE VI--EARNED INCOME TAX CREDIT AND TAX EQUALIZATION MEASURES

Sec. 611. Puerto Rico residents eligible for earned income tax credit.
Sec. 612. Equitable treatment for residents of Puerto Rico with respect 
                            to the refundable portion of the child tax 
                            credit.
             TITLE VII--PUERTO RICO DETERMINATION ON STATUS

Sec. 701. Vote regarding status.
Sec. 702. Certification and transmittal of results.
Sec. 703. Transition process.
Sec. 704. Rules for elections for Federal offices.
Sec. 705. Issuance of Presidential proclamation.
Sec. 706. State of Puerto Rico.
Sec. 707. Effect on membership of House of Representatives.

SEC. 2. DEFINITION OF COMMONWEALTH.

    In this Act, the term ``Commonwealth'' means the Commonwealth of 
Puerto Rico.

      TITLE I--SENSE OF CONGRESS ON DEBT HELD BY THE COMMONWEALTH

SEC. 101. FINDINGS.

    Congress finds that--
            (1) in 2015, a Commission for the Comprehensive Audit of 
        Puerto Rico's Public Debt was established in Puerto Rico under 
        Act 97; and
            (2) the Commission for the Comprehensive Audit of Puerto 
        Rico's Public Debt is currently conducting an audit of the debt 
        held by Puerto Rico.

SEC. 102. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that pensions of ordinary investors are 
        protected; and
            (2) to ensure that Wall Street speculators are not able to 
        profit from the misfortune of United States citizens, including 
        the 3,500,000 people in Puerto Rico.

SEC. 103. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) if the Commission for the Comprehensive Audit of Puerto 
        Rico's Public Debt finds that any of the debt held by Puerto 
        Rico was acquired in violation of the Constitution of Puerto 
        Rico, the Puerto Rican government should immediately set aside 
        this debt and suggest to holders of this debt that they seek 
        redress from the investment banks that helped market and sell 
        these unconstitutional instruments;
            (2) the Board of Governors of the Federal Reserve System 
        has the authority to provide emergency financing to Puerto Rico 
        to facilitate an orderly restructuring of the debt held by 
        Puerto Rico under sections 13(3) and 14(2)(b) of the Federal 
        Reserve Act (12 U.S.C. 343 and 355); and
            (3) Puerto Rico is experiencing a humanitarian crisis, and 
        that the American government must meet the basic human needs of 
        its citizens ahead of the profits of Wall Street.

        TITLE II--PUERTO RICO RECONSTRUCTION FINANCE CORPORATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Board.--The term ``Board'' means the Board of the 
        Corporation.
            (2) Bond.--The term ``Bond'' means a bond, loan, line of 
        credit, note, or other borrowing title, in physical or 
        dematerialized form, of which--
                    (A) the issuer, borrower, or guarantor is a 
                municipality or the Commonwealth; and
                    (B) the date of issuance or incurrence of debt 
                precedes the date of enactment of this Act.
            (3) Corporation.--The term ``Corporation'' means the Puerto 
        Rico Reconstruction Finance Corporation established under 
        section 202.
            (4) Municipality.--The term ``municipality''--
                    (A) includes any political subdivision, public 
                agency, instrumentality or instrumentality of the 
                Commonwealth; and
                    (B) should be broadly construed to effectuate the 
                purposes of this title.

SEC. 202. ESTABLISHMENT AND FUNDING.

    There is established a public bank with the authority to draw upon 
the Exchange Stabilization Fund, to be known as the ``Reconstruction 
Finance Corporation of Puerto Rico''.

SEC. 203. BOARD OF THE CORPORATION.

    (a) In General.--The Corporation shall have a board consisting of 7 
members, including a chairman, of whom all shall--
            (1) reside in Puerto Rico;
            (2) have expertise in the economy, culture, history, and 
        government of Puerto Rico; and
            (3) represent the interests of labor, agriculture, small 
        business, and the environment.
    (b) Appointment.--
            (1) In general.--The President shall appoint the individual 
        members of the Board, of whom--
                    (A) 4 members should be selected from a list 
                submitted by the legislative branch of the Puerto Rican 
                government;
                    (B) 2 members should be selected from a list 
                submitted by the Governor of Puerto Rico; and
                    (C) 1 member may be selected in the sole discretion 
                of the President.
            (2) Advice and consent.--With respect to the appointment of 
        a Board member described in subparagraph (A) or (B) of 
        paragraph (1), such an appointment shall be by and with the 
        advice and consent of the Senate, unless the President appoints 
        an individual from a list, as provided in this subsection, in 
        which case no Senate confirmation is required.
    (c) Term.--Each member of the Board shall serve a term of 4 years 
and may be reappointed after the expiration of a term.
    (d) Ethics.--
            (1) Conflict of interest.--Notwithstanding any ethics 
        provision governing employees of the Commonwealth, all members 
        and staff of the Board shall be subject to the Federal conflict 
        of interest requirements described in section 208 of title 18, 
        United States Code.
            (2) Financial disclosure.--Notwithstanding any ethics 
        provision governing employees of the Commonwealth, all members 
        of the Board and staff designated by the Board shall be subject 
        to disclosure of their financial interests, the contents of 
        which shall conform to the same requirements set forth in 
        section 102 of the Ethics in Government Act of 1978 (5 U.S.C. 
        App.).

SEC. 204. DUTIES.

    The Board may--
            (1) hire and pay members of the Board and staff;
            (2) organize the affairs in accordance with bylaws approved 
        by the Board;
            (3) discount any note or Bond from any public entity in the 
        Commonwealth upon approval of a majority of the Board;
            (4) make any expenditure the Board determines is necessary 
        to address the humanitarian crisis in the Commonwealth and 
        restore economic growth;
            (5) authorize expenditures and lending activities, 
        including discounting any note or offering a financial 
        guarantee, by an affirmative vote of a majority of the members 
        of the Board;
            (6) negotiate with the Commonwealth or a municipality that 
        has defaulted on a Bond over budgets, revenues, and 
        appropriations;
            (7) remove a stay under section 205(d);
            (8) discount Bonds and notes from the Commonwealth or a 
        municipality;
            (9) may reduce the par value of any such Bond; and
            (10) protect the public pensions in the Commonwealth as 
        well as ordinary investors and pension funds in the United 
        States.

SEC. 205. DEFAULT BY THE COMMONWEALTH OR A MUNICIPALITY OF THE 
              COMMONWEALTH.

    (a) Who May File an Application With the Corporation.--An entity 
may file an application with the Corporation under this title if and 
only if such entity--
            (1) is a municipality or the Commonwealth;
            (2) is specifically authorized, in its capacity as a 
        municipality or the Commonwealth or by name, to file an 
        application with the Corporation under this title by 
        Commonwealth law, by the Corporation itself, or by a 
        governmental officer or organization empowered by Commonwealth 
        law to authorize such entity to file an application with the 
        Corporation under this title;
            (3) desires to and is authorized by Commonwealth law, by 
        the Corporation itself, or by a governmental officer or 
        organization empowered by Commonwealth law to make such 
        authorization to restructure its Bond debts; and
            (4)(A) has obtained the agreement of creditors holding at 
        least a majority in amount of the claims that such entity 
        intends to impair under a plan in a case under this title;
            (B) has negotiated in good faith with creditors and has 
        failed to obtain the agreement of creditors holding at least a 
        majority in amount of the claims of each class that such entity 
        intends to impair under a plan in a case under this title; or
            (C) is unable to negotiate with creditors because such 
        negotiation is impracticable, as determined by the entity.
    (b) Application.--The Commonwealth or a municipality may file with 
the Corporation an application that the Commonwealth or municipality 
that the Commonwealth or municipality--
            (1) meets the requirements described in subsection (a); and
            (2) desires to restructure its debt.
    (c) Purchase of Bonds.--
            (1) In general.--If the Commonwealth or a municipality 
        files an application under subsection (b) and the Board, by an 
        affirmative vote of a majority of the members of the Board, 
        accepts the application--
                    (A) the Corporation shall purchase each Bond from 
                the holder of the Bond issued by the Commonwealth or 
                municipality at the price paid for the Bond by the 
                holder of the Bond; and
                    (B) the par value of each Bond issued by the 
                Commonwealth or municipality shall be reduced to the 
                last price paid for that Bond.
            (2) Authority of corporation.--The Corporation may examine 
        records of sales of Bonds to determine whether the price paid 
        by the holder of a Bond is not fraudulent.
            (3) Misrepresentation of bond purchase price.--Any person 
        that violates paragraph (1) shall be subject to the penalties 
        under section 10 of the Securities Exchange Act of 1934 (15 
        U.S.C. 78j) in the same manner and to the same extent as if the 
        person had violated that section.
            (4) Bond insurers.--Any insurer of a Bond issued by the 
        Commonwealth or a municipality on which the Commonwealth or 
        municipality has defaulted shall not be liable to the holder of 
        a Bond for any amount that is greater than the purchase price 
        of the Bond if the insurer demonstrates to the satisfaction of 
        the Corporation that the solvency of the issuer would be 
        affected by the restructuring of the Bond.
            (5) Payments as final settlement.--Amounts paid by the 
        Corporation for bonds under this subsection shall be in full 
        and final settlement of any and all debts, claims, and liens 
        with respect to such bonds.
    (d) Automatic Stay.--
            (1) Except as otherwise provided in this section, the 
        filing and acceptance of an application under subsection (b) 
        operates with respect to any claim, debt, or cause of action 
        related to a Bond as a stay, applicable to all entities (as 
        such term is defined in section 101 of title 11, United States 
        Code), of--
                    (A) the commencement or continuation, including the 
                issuance or employment of process, of a judicial, 
                administrative, or other action or proceeding against 
                the Commonwealth or a municipality, or to recover a 
                claim against the Commonwealth or a municipality;
                    (B) the enforcement, against the Commonwealth or a 
                municipality or against property of the Commonwealth or 
                a municipality, of a judgment;
                    (C) any act to obtain possession of property of the 
                Commonwealth or a municipality, or of property from the 
                Commonwealth or a municipality, or to exercise control 
                over property of the Commonwealth or a municipality;
                    (D) any act to create, perfect, or enforce any lien 
                against property of the Commonwealth or a municipality;
                    (E) any act to create, perfect, or enforce against 
                property of the Commonwealth or a municipality any lien 
                to the extent that such lien secures a claim;
                    (F) any act to collect, assess, or recover a claim 
                against the Commonwealth or a municipality; and
                    (G) the setoff of any debt owing to the 
                Commonwealth or a municipality against any claim 
                against the Commonwealth or a municipality.
            (2) On motion of a party in interest and after notice and a 
        hearing, the Board may grant relief from a stay under paragraph 
        (1)--
                    (A) for cause, including the lack of adequate 
                protection of a security interest in property of such 
                party in interest; or
                    (B) with respect to a stay of an act against 
                property under paragraph (1), if--
                            (i) the applying entity does not have an 
                        equity in such property; and
                            (ii) such property is not necessary for the 
                        Commonwealth or municipality to provide 
                        essential services.
            (3) Thirty days after a request under paragraph (4) for 
        relief from the stay of any act against property of the 
        Commonwealth or a municipality under paragraph (1), such stay 
        is terminated with respect to the party in interest making such 
        request, unless the Board, after notice and a hearing, orders 
        such stay continued in effect pending the conclusion of, or as 
        a result of, a final hearing and determination under paragraph 
        (4). A hearing under this subsection may be a preliminary 
        hearing, or may be consolidated with the final hearing under 
        paragraph (4). The Corporation shall order such stay continued 
        in effect pending the conclusion of the final hearing under 
        paragraph (4) if there is a reasonable likelihood that the 
        party opposing relief from such stay will prevail at the 
        conclusion of such final hearing. If the hearing under this 
        subsection is a preliminary hearing, then such final hearing 
        shall be concluded not later than 30 days after the conclusion 
        of such preliminary hearing, unless the 30-day period is 
        extended with the consent of the parties in interest or for a 
        specific time which the Corporation finds is required by 
        compelling circumstances.
            (4) Upon request of a party in interest, the Corporation, 
        with or without a hearing, shall grant such relief from the 
        stay provided under paragraph (1) as is necessary to prevent 
        irreparable damage to the secured interest of an entity in 
        property, if such interest will suffer such damage before there 
        is an opportunity for notice and a hearing under paragraph (2) 
        or (3).
            (5) No order, judgment, or decree entered in violation of 
        this section shall have any force or effect.
            (6) In any hearing under paragraph (2) or (3) concerning 
        relief from a stay--
                    (A) the party requesting such relief has the burden 
                of proof on the issue of the applying entity's equity 
                in property; and
                    (B) the party opposing such relief has the burden 
                of proof on all other issues.

SEC. 206. RULE OF CONSTRUCTION.

    No application submitted or accepted under this title shall be 
permitted to diminish or impair any pension benefit, or the funding 
obligations for such a benefit, nor shall it permit the impairment or 
rejection of any agreement between a debtor and any labor organization.

              TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY

SEC. 301. AMENDMENT.

    Section 101(52) of title 11, United States Code, is amended to read 
as follows:
            ``(52) The term `State' includes Puerto Rico and, except 
        for the purpose of defining who may be a debtor under chapter 9 
        of this title, includes the District of Columbia.''.

SEC. 302. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

    (a) Effective Date.--Except as provided in subsection (b), this 
title and the amendment made by this title shall take effect on the 
date of the enactment of this Act.
    (b) Application of Amendment.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this title shall apply with respect to--
                    (A) cases commenced under title 11 of the United 
                States Code on or after the date of the enactment of 
                this Act; and
                    (B) debts, claims, and liens created before, on, or 
                after such date.
            (2) Exception.--No case commenced by a municipality of 
        Puerto Rico under chapter 9 of title 11, United States Code, 
        shall permit--
                    (A) the diminishment or impairment of any pension 
                benefit, or the funding obligations for such a benefit; 
                or
                    (B) the impairment or rejection of any agreement 
                between a debtor and any labor organization.

SEC. 303. SEVERABILITY.

    If any provision of this title or any amendment made by this title, 
or the application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and the amendments made by this title, or the application of that 
provision or amendment to other persons or circumstances, shall not be 
affected.

    TITLE IV--ADDRESSING HEALTH CARE DISPARITIES IN THE COMMONWEALTH

                          Subtitle A--Medicaid

SEC. 411. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS (``CAP'') 
              FOR PUERTO RICO.

    (a) In General.--Section 1108 of the Social Security Act (42 U.S.C. 
1308) is amended--
            (1) in subsection (f), in the matter before paragraph (1), 
        by striking ``subsection (g)'' and inserting ``subsections (g) 
        and (h)'';
            (2) in subsection (g)(2), in the matter before subparagraph 
        (A), by inserting ``and subsection (h)'' after ``paragraphs (3) 
        and (5)''; and
            (3) by adding at the end the following new subsection:
    ``(h) Sunset of Medicaid Funding Limitations for Puerto Rico.--
Subsections (f) and (g) shall not apply to Puerto Rico beginning with 
fiscal year 2017.''.
    (b) Conforming Amendments.--
            (1) Section 1903(u) of the Social Security Act (42 U.S.C. 
        1396b(u)) is amended by striking ``Puerto Rico,''.
            (2) Section 1323(c)(1) of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18043(c)(1)) is amended by 
        striking ``ending with 2019'' and inserting the following: 
        ``ending with--
                    ``(A) for purposes of payment pursuant to 
                subsection (a) to Puerto Rico, 2016; and
                    ``(B) for purposes of payment pursuant to 
                subsection (a) to another territory, 2019.''.
    (c) Effective Date.--The amendments made by this section shall 
apply beginning with fiscal year 2017.

SEC. 412. ELIMINATION OF SPECIFIC FEDERAL MEDICAL ASSISTANCE PERCENTAGE 
              (FMAP) LIMITATION FOR PUERTO RICO.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in clause (2) of subsection (b), by striking ``Puerto 
        Rico,''; and
            (2) in subsection (y)(1), in the matter preceding 
        subparagraph (A)--
                    (A) by inserting ``, for fiscal years before fiscal 
                year 2017,'' before ``is one of the''; and
                    (B) by inserting ``and, for fiscal year 2017 and 
                subsequent fiscal years, is one of the 50 States, the 
                District of Columbia, or Puerto Rico,'' after ``the 
                District of Columbia''.
    (b) Effective Date.--The amendments made by this section shall 
apply beginning with fiscal year 2017.

SEC. 413. APPLICATION OF 100 PERCENT FEDERAL POVERTY LINE (FPL) 
              LIMITATION TO PUERTO RICO.

    (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended--
            (1) in subsection (a)(10)(A)(i)(VIII), by inserting ``(or, 
        subject to subsection (j), 100 percent in the case of Puerto 
        Rico)'' after ``133 percent''; and
            (2) in subsection (j)--
                    (A) by inserting ``(1)'' after ``(j)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) Subject to subparagraph (B), Federal financial 
participation shall not be available to Puerto Rico for medical 
assistance for an individual whose family income exceeds 100 percent of 
the poverty line (as defined in section 2110(c)(5)) for a family of the 
size involved, except in the case of individuals qualifying for medical 
assistance under subsection (a)(10)(A)(i)(IX).
    ``(B) The Secretary may, under section 1115, waive the limitation 
under subparagraph (A). In carrying out this subparagraph, the 
Secretary shall take into account the eligibility levels established 
under the State plan of Puerto Rico before the date of the enactment of 
this paragraph.''.
    (b) Not Applying 5 Percent Disregard.--Section 1902(e)(14)(I) of 
the Social Security Act (42 U.S.C. 1396b(e)(14)(I)) is amended by 
adding at the end the following:
                ``The previous sentence shall not apply to Puerto 
                Rico.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to eligibility determinations made with respect to 
items and services furnished on or after October 1, 2016.

SEC. 414. EXTENSION OF APPLICATION OF MEDICARE PAYMENT FLOOR TO PRIMARY 
              CARE SERVICES FURNISHED IN PUERTO RICO UNDER MEDICAID AND 
              APPLICATION TO ADDITIONAL PROVIDERS.

    (a) In General.--Section 1902(a)(13) of the Social Security Act (42 
U.S.C. 1396a(a)(13)) is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the semicolon at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) payment for primary care services (as defined 
                in subsection (jj)) at a rate that is not less than 100 
                percent of the payment rate that applies to such 
                services and physician under part B of title XVIII (or, 
                if greater, the payment rate that would be applicable 
                under such part if the conversion factor under section 
                1848(d) for the year involved were the conversion 
                factor under such section for 2009), and that is not 
                less than the rate that would otherwise apply to such 
                services under this title if the rate were determined 
                without regard to this subparagraph, and that are 
                furnished in Puerto Rico on or after January 1, 2017--
                            ``(i) by a physician with a primary 
                        specialty designation of family medicine, 
                        general internal medicine, or pediatric 
                        medicine, but only if the physician self-
                        attests that--
                                    ``(I) the physician is Board 
                                certified in family medicine, general 
                                internal medicine, or pediatric 
                                medicine; or
                                    ``(II) with respect to the most 
                                recently completed calendar year (or in 
                                the case of a newly eligible physician, 
                                the preceding month), 60 percent of all 
                                services the physician billed for under 
                                the State plan or a waiver under this 
                                title, or provided through a medicaid 
                                managed care organization (as defined 
                                in section 1903(m)(1)(A)), were for 
                                services described in subparagraph (A) 
                                or (B) of subsection (jj)(1);
                            ``(ii) by a physician with a primary 
                        specialty designation of obstetrics and 
                        gynecology, but only if the physician self-
                        attests that--
                                    ``(I) the physician is Board 
                                certified in obstetrics and gynecology; 
                                and
                                    ``(II) with respect to the most 
                                recently completed calendar year (or in 
                                the case of a newly eligible physician, 
                                the preceding month), 60 percent of all 
                                services the physician billed for under 
                                the State plan or a waiver under this 
                                title, or provided through a medicaid 
                                managed care organization (as defined 
                                in section 1903(m)(1)(A)), were for 
                                services described in subparagraph (A) 
                                or (B) of subsection (jj)(1);
                            ``(iii) by an advanced practice clinician, 
                        as defined by the Secretary, that works under 
                        the supervision of--
                                    ``(I) a physician that satisfies 
                                the criteria specified in clause (i) or 
                                (ii); or
                                    ``(II) a nurse practitioner or a 
                                physician assistant (as such terms are 
                                defined in section 1861(aa)(5)(A)) who 
                                is working in accordance with State 
                                law, or a certified nurse-midwife (as 
                                defined in section 1861(gg)) who is 
                                working in accordance with State law, 
                                but only if the nurse practitioner, 
                                physician assistant, or certified 
                                nurse-midwife self-attests that, with 
                                respect to the most recently completed 
                                calendar year (or in the case of a 
                                newly eligible nurse practitioner, 
                                physician assistant, or certified 
                                nurse-midwife, the preceding month), 60 
                                percent of all services the nurse 
                                practitioner, physician assistant, or 
                                certified nurse-midwife billed for 
                                under the State plan or a waiver under 
                                this title, or provided through a 
                                medicaid managed care organization (as 
                                defined in section 1903(m)(1)(A)), were 
                                for services described in subparagraph 
                                (A) or (B) of subsection (jj)(1);
                            ``(iv) by a rural health clinic, Federally-
                        qualified health center, or other health clinic 
                        that receives reimbursement on a fee schedule 
                        applicable to a physician, a nurse practitioner 
                        or a physician assistant (as such terms are 
                        defined in section 1861(aa)(5)(A)) who is 
                        working in accordance with State law, or a 
                        certified nurse-midwife (as defined in section 
                        1861(gg)) who is working in accordance with 
                        State law, for services furnished by a 
                        physician, nurse practitioner, physician 
                        assistant, or certified nurse-midwife, or 
                        services furnished by an advanced practice 
                        clinician supervised by a physician described 
                        in clause (i)(I) or (ii)(I), another advanced 
                        practice clinician, or a certified nurse-
                        midwife, but only if the rural health clinic or 
                        Federally-qualified health center self-attests 
                        that 60 percent of all services billed for 
                        under the State plan or a waiver under this 
                        title, or provided through a medicaid managed 
                        care organization (as defined in section 
                        1903(m)(1)(A)), were for services described in 
                        subparagraph (A) or (B) of subsection (jj)(1); 
                        or
                            ``(v) by a nurse practitioner or a 
                        physician assistant (as such terms are defined 
                        in section 1861(aa)(5)(A)) who is working in 
                        accordance with State law, or a certified 
                        nurse-midwife (as defined in section 1861(gg)) 
                        who is working in accordance with State law, in 
                        accordance with procedures that ensure that the 
                        portion of the payment for such services that 
                        the nurse practitioner, physician assistant, or 
                        certified nurse-midwife is paid is not less 
                        than the amount that the nurse practitioner, 
                        physician assistant, or certified nurse-midwife 
                        would be paid if the services were provided 
                        under part B of title XVIII, but only if the 
                        nurse practitioner, physician assistant, or 
                        certified nurse-midwife self-attests that, with 
                        respect to the most recently completed calendar 
                        year (or in the case of a newly eligible nurse 
                        practitioner, physician assistant, or certified 
                        nurse-midwife, the preceding month), 60 percent 
                        of all services the nurse practitioner, 
                        physician assistant, or certified nurse-midwife 
                        billed for under the State plan or a waiver 
                        under this title, or provided through a 
                        medicaid managed care organization (as defined 
                        in section 1903(m)(1)(A)), were for services 
                        described in subparagraph (A) or (B) of 
                        subsection (jj)(1);''.
    (b) Conforming Amendments.--
            (1) Section 1905(dd) of the Social Security Act (42 U.S.C. 
        1396(dd)) is amended--
                    (A) by inserting the following sentence after the 
                first sentence: ``Notwithstanding subsection (b), with 
                respect to the portion of the amounts expended for 
                medical assistance for services described in section 
                1902(a)(13)(D) furnished in Puerto Rico on or after 
                January 1, 2017, that is attributable to the amount by 
                which the minimum payment rate required under such 
                section (or, by application, section 1932(f)) exceeds 
                the payment rate applicable to such services under the 
                State plan as of July 1, 2009, the Federal medical 
                assistance percentage shall be equal to 100 percent.''; 
                and
                    (B) in the last sentence, by striking ``preceding 
                sentence does not'' and inserting ``preceding sentences 
                do not''.
            (2) Section 1932(f) of the Social Security Act (42 U.S.C. 
        1396u-2(f)) is amended--
                    (A) by striking ``section 1902(a)(13)(C)'' and 
                inserting ``subparagraph (C) or (D) of section 
                1902(a)(13)''; and
                    (B) by striking ``specified in such section'' and 
                inserting ``specified in such subparagraphs''.

                    Subtitle B--Medicare Provisions

SEC. 421. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO RESIDENTS 
              OF PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND LIMIT ON 
              LATE ENROLLMENT PENALTIES.

    (a) Application of Part B Deemed Enrollment Process to Residents of 
Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C. 
1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to individuals whose initial enrollment period under section 
1837(d) of the Social Security Act begins on or after the first day of 
the effective month, specified by the Secretary of Health and Human 
Services under section 1839(j)(1)(C) of such Act, as added by 
subsection (c)(2).
    (c) Transition Providing Special Enrollment Period and Limit on 
Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section 
1839 of the Social Security Act (42 U.S.C. 1395r) is amended--
            (1) in the first sentence of subsection (b), by inserting 
        ``subject to section 1839(j)(2),'' after ``subsection (i)(4) or 
        (l) of section 1837,''; and
            (2) by adding at the end the following new subsection:
    ``(j) Special Rules for Certain Residents of Puerto Rico.--
            ``(1) Special enrollment period, coverage period for 
        residents who are eligible but not enrolled.--
                    ``(A) In general.--In the case of a transition 
                individual (as defined in paragraph (3)) who is not 
                enrolled under this part as of the day before the first 
                day of the effective month (as defined in subparagraph 
                (C)), the Secretary shall provide for a special 
                enrollment period under section 1837 of 7 months 
                beginning with such effective month during which the 
                individual may be enrolled under this part.
                    ``(B) Coverage period.--In the case of such an 
                individual who enrolls during such special enrollment 
                period, the coverage period under section 1838 shall 
                begin on the first day of the second month after the 
                month in which the individual enrolls.
                    ``(C) Effective month defined.--In this section, 
                the term `effective month' means a month, not earlier 
                than October 2017 and not later than January 2018, 
                specified by the Secretary.
            ``(2) Reduction in late enrollment penalties for current 
        enrollees and individuals enrolling during transition.--
                    ``(A) In general.--In the case of a transition 
                individual who is enrolled under this part as of the 
                day before the first day of the effective month or who 
                enrolls under this part on or after the date of the 
                enactment of this subsection but before the end of the 
                special enrollment period under paragraph (1)(A), the 
                amount of the late enrollment penalty imposed under 
                section 1839(b) shall be recalculated by reducing the 
                penalty to 15 percent of the penalty otherwise 
                established.
                    ``(B) Application.--Subparagraph (A) shall be 
                applied in the case of a transition individual who--
                            ``(i) is enrolled under this part as of the 
                        month before the effective month, for premiums 
                        for months beginning with such effective month; 
                        or
                            ``(ii) enrolls under this part on or after 
                        the date of the enactment of this Act and 
                        before the end of the special enrollment period 
                        under paragraph (1)(A), for premiums for months 
                        during the coverage period under this part 
                        which occur during or after the effective 
                        month.
                    ``(C) Loss of reduction if individual terminates 
                enrollment.--Subparagraph (A) shall not apply to a 
                transition individual if the individual terminates 
                enrollment under this part after the end of the special 
                enrollment period under paragraph (1).
            ``(3) Transition individual defined.--In this section, the 
        term `transition individual' means an individual who resides in 
        Puerto Rico and who would have been deemed enrolled under this 
        part pursuant to section 1837(f) before the first day of the 
        effective month but for the fact that the individual was a 
        resident of Puerto Rico, regardless of whether the individual 
        is enrolled under this part as of such first day.''.

SEC. 422. PUERTO RICO PRACTICE EXPENSE GPCI IMPROVEMENT.

    Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)) is amended--
            (1) in subparagraph (A), by striking ``and (I)'' and 
        inserting ``(I), and (J)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(J) Floor for practice expense index for services 
                furnished in puerto rico.--
                            ``(i) In general.--For purposes of payment 
                        for services furnished in Puerto Rico in a year 
                        (beginning with 2017), after calculating the 
                        practice expense index in subparagraph (A)(i) 
                        for Puerto Rico, if such index is below the 
                        reference index (as defined in clause (ii)) for 
                        the year, the Secretary shall increase such 
                        index for Puerto Rico to equal the value of the 
                        reference index for the year. The preceding 
                        sentence shall not be applied in a budget 
                        neutral manner.
                            ``(ii) Reference index defined.--In this 
                        subparagraph, the term `reference index' means, 
                        with respect to a year, 0.800 or, if less, the 
                        lowest practice expense index value for the 
                        year for any area in the 50 States or the 
                        District of Columbia.''.

SEC. 423. PERMANENT EXTENSION OF INCENTIVE PAYMENTS FOR PRIMARY CARE 
              SERVICES FURNISHED IN PUERTO RICO.

    Section 1833(x)(1) of the Social Security Act (42 U.S.C. 
1395l(x)(1)) is amended by inserting ``(and in the case of primary care 
services furnished on or after January 1, 2017, in Puerto Rico)'' after 
``2016''.

 Subtitle C--National Environmental Public Health Tracking and Studies

SEC. 431. NATIONAL ENVIRONMENTAL PUBLIC HEALTH TRACKING.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Health and Human Services, acting through 
the Director of the Centers for Disease Prevention and Control, shall 
update the National Environmental Public Health Tracking Network of the 
Centers for Disease Control and Prevention to include Puerto Rico 
(including Vieques).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 432. STUDY ON ENVIRONMENTAL, BIOLOGICAL, AND HEALTH DATA FROM THE 
              ISLAND OF VIEQUES, PUERTO RICO.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall award a 
grant to an institution of higher education in Puerto Rico for the 
conduct of a 3-year study, in collaboration with the Puerto Rico 
Department of Health, on the environmental, biological, and health of 
residents of Vieques, Puerto Rico and specifically whether and to what 
extent past military exercises on Vieques have contributed to health 
conditions experienced by some residents of Vieques.
    (b) Elements.--The study conducted under subsection (a) shall 
include--
            (1) a review of the existing literature and previous public 
        health assessments;
            (2) testing of drinking water, air, seafood, locally grown 
        produce, and soil samples;
            (3) an analysis of previous biomonitoring studies in 
        Vieques;
            (4) new biomonitoring testing to determine the source of 
        previously unexplained findings of metals in residents' blood, 
        urine, hair, or feces;
            (5) biomonitoring control group testing from mainland 
        Puerto Rico; and
            (6) an analysis of the impact of the cumulative effects of 
        exposure to multiple contaminants.
    (c) Use of Funds.--All costs related to biomonitoring and 
environmental testing under the study under subsection (a) shall be 
paid for directly with funds awarded under the grant under such 
subsection. Grant funds may be used to purchase testing equipment, as 
needed.
    (d) Final Report.--The recipient of the grant under subsection (a) 
shall submit to the Secretary of Health and Human Services, a final 
report under such grant. Not later than 30 days after the submission of 
such report, the Secretary shall make such report public.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section.

                  TITLE V--INFRASTRUCTURE INVESTMENTS

              Subtitle A--Energy Infrastructure Incentives

SEC. 511. GRANT PROGRAM TO PROMOTE OF ACCESS TO RENEWABLE ENERGY AND 
              ENERGY EFFICIENCY FOR PUERTO RICO.

    (a) In General.--Upon application, the Secretary of the Treasury 
shall, subject to the requirements of this section, provide a grant to 
each eligible person who places in service specified energy property in 
the Commonwealth to reimburse such person for a portion of the expense 
of such property as provided in subsection (b). No grant shall be made 
under this section with respect to any property unless--
            (1) in the case of specified energy property which is 
        described in paragraph (1) of section 45(d) or clause (i) of 
        section 48(a)(3)(A) of the Internal Revenue Code of 1986 
        (determined without regard to any date by which construction 
        must begin), the construction of such property begins after the 
        date of the enactment of this Act and before January 1 of the 
        applicable calendar year, and
            (2) in the case of any other specified energy property, 
        such property is placed in service after the date of the 
        enactment of this Act and before January 1 of the applicable 
        calendar year.
    (b) Grant Amount.--
            (1) In general.--The amount of the grant under subsection 
        (a) with respect to any specified energy property shall be the 
        applicable percentage of the basis of such property.
            (2) Applicable percentage.--For purposes of paragraph (1), 
        the term ``applicable percentage'' means--
                    (A) 30 percent in the case of any property 
                described in paragraphs (1) through (4) of subsection 
                (d), and
                    (B) 10 percent in the case of any other property.
            (3) Dollar limitations.--In the case of property described 
        in paragraph (1), (2), (6), or (7) of subsection (d), the 
        amount of any grant under this section with respect to such 
        property shall not exceed the limitation described in section 
        48(a)(5)(E), 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the 
        Internal Revenue Code of 1986, respectively, with respect to 
        such property.
    (c) Time for Payment of Grant.--The Secretary of the Treasury shall 
make payment of any grant under subsection (a) during the 60-day period 
beginning on the later of--
            (1) the date of the application for such grant, or
            (2) the date the specified energy property for which the 
        grant is being made is placed in service.
    (d) Specified Energy Property.--For purposes of this section, the 
term ``specified energy property'' means any of the following:
            (1) Qualified facilities.--Any qualified property (as 
        defined in section 48(a)(5)(D) of the Internal Revenue Code of 
        1986) which is part of a qualified facility (within the meaning 
        of section 45 of such Code) described in paragraph (1), (2), 
        (3), (4), (6), (7), (9), or (11) of section 45(d) of such Code 
        (determined without regard to any date by which construction 
        must begin).
            (2) Qualified fuel cell property.--Any qualified fuel cell 
        property (as defined in section 48(c)(1) of such Code, 
        determined without regard to any termination date).
            (3) Solar property.--Any property described in clause (i) 
        or (ii) of section 48(a)(3)(A) of such Code (determined without 
        regard to any termination date).
            (4) Qualified small wind energy property.--Any qualified 
        small wind energy property (as defined in section 48(c)(4) of 
        such Code, determined without regard to any termination date).
            (5) Geothermal property.--Any property described in clause 
        (iii) of section 48(a)(3)(A) of such Code.
            (6) Qualified microturbine property.--Any qualified 
        microturbine property (as defined in section 48(c)(2) of such 
        Code, determined without regard to any termination date).
            (7) Combined heat and power system property.--Any combined 
        heat and power system property (as defined in section 48(c)(3) 
        of such Code, determined without regard to subparagraph (A)(iv) 
        thereof).
            (8) Geothermal heat pump property.--Any property described 
        in clause (vii) of section 48(a)(3)(A) of such Code (determined 
        without regard to any termination date).
Such term shall not include any property unless depreciation (or 
amortization in lieu of depreciation) is allowable (or would be 
allowable if section 933 of the Internal Revenue Code of 1986 were not 
taken into account) with respect to such property.
    (e) Eligible Person.--For purposes of this section, the term 
``eligible person'' means--
            (1) any individual that is a bona fide resident (as defined 
        under section 937 of the Internal Revenue Code of 1986) of the 
        Commonwealth, and
            (2) any corporation which is organized under the laws of 
        the Commonwealth.
    (f) Applicable Calendar Year.--For purposes of this section, the 
term ``applicable calendar year'' means the calendar year following the 
first calendar year in which the aggregate amount of grants paid under 
subsection (a) exceeds $1,200,000,000.
    (g) Other Definitions.--Terms used in this section which are also 
used in section 45 or 48 of the Internal Revenue Code of 1986 shall 
have the same meaning for purposes of this section as when used in such 
section 45 or 48. Any reference in this section to the Secretary of the 
Treasury shall be treated as including the Secretary's delegate.
    (h) Application of Certain Rules.--In making grants under this 
section, the Secretary of the Treasury shall apply rules similar to the 
rules of section 50 of the Internal Revenue Code of 1986, except that 
in applying subsection (b)(1) thereof ``Puerto Rico'' shall be 
substituted for ``United States''. In applying such rules, if the 
property is disposed of, or otherwise ceases to be specified energy 
property, the Secretary of the Treasury shall provide for the recapture 
of the appropriate percentage of the grant amount in such manner as the 
Secretary of the Treasury determines appropriate.
    (i) Appropriations.--There is hereby appropriated to the Secretary 
of the Treasury such sums as may be necessary to carry out this 
section.

SEC. 512. INCENTIVES FOR ENERGY EFFICIENT COMMERCIAL BUILDINGS.

    (a) Permanent Extension of Energy Efficient Commercial Buildings 
Deduction.--Section 179D of the Internal Revenue Code of 1986 is 
amended by striking subsection (h).
    (b) Update of Standard.--
            (1) In general.--Section 179D of the Internal Revenue Code 
        of 1986 is amended by striking ``Standard 90.1-2001'' each 
        place it appears and inserting ``the applicable ASHRAE 
        standard''.
            (2) Applicable ashrae standard.--Section 179D(c)(2) of such 
        Code is amended to read as follows:
            ``(2) Applicable ashrae standard.--The term `applicable 
        ASHRAE standard' means--
                    ``(A) Standard 90.1-2013 of the American Society of 
                Heating, Refrigerating, and Air Conditioning Engineers 
                and the Illuminating Engineering Society of North 
                America, or
                    ``(B) in the case of any subsequent standard 
                adopted by the American Society of Heating, 
                Refrigerating, and Air Conditioning Engineers which 
                supersedes the standard described in subparagraph (A), 
                such subsequent standard.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to property placed in service after December 31, 
        2015.
    (c) Grant Program for Puerto Rico.--
            (1) In general.--Upon application, the Secretary of the 
        Treasury shall, subject to the requirements of this subsection, 
        provide a grant to each eligible person who places in service 
        energy efficient building property to reimburse such person for 
        a portion of the expense of such property as provided in 
        paragraph (2). No grant shall be made under this subsection 
        with respect to any property unless such property is placed in 
        service on or before the last day of the applicable calendar 
        year.
            (2) Grant amount.--The amount of the grant under paragraph 
        (1) with respect to any energy efficient building property 
        shall be equal to the product of--
                    (A) 35 percent, and
                    (B) the excess of--
                            (i) the product of--
                                    (I) $1.80, and
                                    (II) the square footage of the 
                                building, over
                            (ii) the aggregate amount of all prior 
                        grants under paragraph (1) with respect to the 
                        building.
            (3) Time for payment of grant.--The Secretary of the 
        Treasury shall make payment of any grant under paragraph (1) 
        during the 60-day period beginning on the later of--
                    (A) the date of the application for such grant, or
                    (B) the date the energy efficient commercial 
                building property for which the grant is being made is 
                placed in service.
            (4) Energy efficient commercial building property.--For 
        purposes of this subsection, the term ``energy efficient 
        commercial building property'' has the meaning given such term 
        under section 179D(c) of the Internal Revenue Code of 1986, 
        except that--
                    (A) the determination of whether depreciation (or 
                amortization in lieu of depreciation) is allowable 
                under such section 179D(c)(1)(A) shall be made without 
                regard to section 933 of such Code, and
                    (B) such section 179D(c)(1)(B)(i) shall be applied 
                by substituting ``Puerto Rico'' for ``United States''.
            (5) Eligible person.--For purposes of this subsection, the 
        term ``eligible person'' means--
                    (A) any individual that is a bona fide resident (as 
                defined under section 937 of the Internal Revenue Code 
                of 1986) of Puerto Rico, and
                    (B) any corporation which is organized under the 
                laws of the Commonwealth.
            (6) Applicable calendar year.--For purposes of this 
        subsection, the term ``applicable calendar year'' means the 
        calendar year following the first calendar year in which the 
        aggregate amount of grants paid under subsection (a) exceeds 
        $400,000,000.
            (7) Secretary of the treasury.--Any reference in this 
        subsection to the Secretary of the Treasury shall be treated as 
        including the Secretary's delegate.
            (8) Application of special rules.--Rules similar to the 
        rules of subsections (d), (f), and (g) of section 179D of the 
        Internal Revenue Code of 1986 shall apply with respect to 
        grants under this subsection.
            (9) Appropriations.--There is hereby appropriated to the 
        Secretary of the Treasury such sums as may be necessary to 
        carry out this subsection.

SEC. 513. INCENTIVES FOR NEW ENERGY EFFICIENT HOMES.

    (a) Permanent Extension of New Energy Efficient Home Credit.--
Section 45L of the Internal Revenue Code of 1986 is amended by striking 
subsection (g).
    (b) Update of Standard.--
            (1) In general.--Section 45L of the Internal Revenue Code 
        of 1986 is amended by striking ``the standards of chapter 4 of 
        the 2006 International Energy Conservation Code, as such Code 
        (including supplements) is in effect on January 1, 2006'' each 
        place it appears and inserting ``the applicable standards''.
            (2) Applicable standards.--Section 45L of such Code, as 
        amended by subsection (a), is amended by adding at the end the 
        following new subsection:
    ``(h) Applicable Standards.--For purposes of this section, the term 
`applicable standards' means, with respect to any dwelling unit, the 
standards in effect for residential building energy efficiency under 
the International Energy Conservation Code on the first day of the 
taxable year in which construction for the dwelling unit commenced.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to homes acquired after December 31, 2015.
    (c) Grant Program for Puerto Rico.--
            (1) In general.--Upon application, the Secretary of the 
        Treasury shall, subject to the requirements of this subsection, 
        provide a grant to each eligible contractor with respect to 
        each qualified new energy efficient home which is--
                    (A) constructed by an eligible contractor, and
                    (B) acquired by a person from such eligible 
                contractor for use as a residence.
        No grant shall be made under this subsection with respect to 
        any qualified new energy efficient home unless such home is 
        acquired by another person for use as a residence on or before 
        the last day of the applicable calendar year.
            (2) Amount of grant.--The amount of the grant under 
        paragraph (1) with respect to any qualified new energy 
        efficient home is an amount equal to--
                    (A) in the case of a dwelling unit described in 
                paragraph (1) or (2) of section 45L(c) of the Internal 
                Revenue Code of 1986, $2,000, and
                    (B) in the case of a dwelling unit described in 
                paragraph (3) of section 45L(c) of the Internal Revenue 
                Code of 1986, $1,000.
            (3) Time for payment of grant.--The Secretary of the 
        Treasury shall make payment of any grant under paragraph (1) 
        during the 60-day period beginning on the later of--
                    (A) the date of the application for such grant, or
                    (B) the date the qualified new energy efficient 
                home for which the grant is acquired by another person 
                for use as a residence.
            (4) Qualified new energy efficient home.--For purposes of 
        this subsection, the term ``qualified new energy efficient 
        home'' has the meaning given such term under section 45L(b)(2) 
        of the Internal Revenue Code of 1986, except that--
                    (A) subparagraph (A) thereof shall be applied by 
                substituting ``Puerto Rico'' for ``the United States'', 
                and
                    (B) subparagraph (B) thereof shall be applied by 
                substituting ``the date of the enactment of section 513 
                of the Puerto Rico Humanitarian Relief and 
                Reconstruction Act'' for ``the date of the enactment of 
                this section''.
            (5) Applicable calendar year.--For purposes of this 
        subsection, the term ``applicable calendar year'' means the 
        calendar year following the first calendar year in which the 
        aggregate amount of grants paid under subsection (a) exceeds 
        $400,000,000.
            (6) Other terms.--Terms used in this subsection which are 
        also used in section 45L of the Internal Revenue Code of 1986 
        shall have the same meaning for purposes of this subsection as 
        when used in section 45L. Any reference in this subsection to 
        the Secretary of the Treasury shall be treated as including the 
        Secretary's delegate.
            (7) Appropriations.--There is hereby appropriated to the 
        Secretary of the Treasury such sums as may be necessary to 
        carry out this subsection.

  Subtitle B--Transportation, Housing, and Agriculture Infrastructure 
                               Incentives

SEC. 521. GENERAL PROVISIONS.

    (a) Waiver of Non-Federal Share.--Notwithstanding any other 
provision of law, the non-Federal share of the cost of any program or 
activity carried out using funds provided under this subtitle shall be 
zero.
    (b) Maintenance of Funding; Administrative Expenses.--
            (1) Maintenance of funding.--The funding provided to any 
        program or account under this subtitle shall supplement (and 
        not supplant) any funding provided for that program or account 
        under any other provision of law.
            (2) Administrative expenses.--Notwithstanding any other 
        provision of law (including regulations), of any funds provided 
        for a program or account under this subtitle, the applicable 
        Federal department or agency head may use such percentage for 
        administrative expenses as is established by the limitation for 
        administrative expenses in applicable laws (including 
        regulations) relating to the program or activity.

SEC. 522. HIGHWAY PROGRAM.

    (a) Funding.--Out of funds of the Treasury not otherwise 
appropriated, there is appropriated to the Secretary of Transportation 
$450,000,000 for each of fiscal years 2017 through 2026 to carry out 
the Puerto Rico Highway Program under section 165(b) of title 23, 
United States Code.
    (b) Conforming Amendment.--Section 165(a)(1) of title 23, United 
States Code, is amended by striking ``$158,000,000'' and inserting 
``$608,000,000''.

SEC. 523. TIGER DISCRETIONARY GRANTS.

    (a) Definition of TIGER Discretionary Grant.--In this section, the 
term ``TIGER discretionary grant'' means a grant awarded and 
administered by the Secretary of Transportation using funds made 
available for national infrastructure investments under title I of 
division L of the Consolidated Appropriations Act, 2016 (Public Law 
114-113; 129 Stat. 2835).
    (b) Requirement.--Out of funds of the Treasury not otherwise 
appropriated, there is appropriated to the Secretary of Transportation 
$50,000,000 for each of fiscal years 2017 through 2021 to award TIGER 
discretionary grants for eligible programs and activities in the 
Commonwealth of Puerto Rico.

SEC. 524. PASSENGER AND FREIGHT RAIL IMPROVEMENTS.

    (a) Funding.--Out of funds of the Treasury not otherwise 
appropriated, there is appropriated to the Secretary of Transportation 
$120,000,000 for each of fiscal years 2017 through 2021 for planning 
and capital costs to build, improve, or expand passenger and freight 
rail projects in the Commonwealth under titles 23 and 49, United States 
Code.
    (b) Eligible Uses.--Of the amounts made available for each fiscal 
year under subsection (a)--
            (1) not more than 15 percent may be used for temporary 
        operating assistance for such rail and transit projects as the 
        Secretary of Transportation determines to be eligible; and
            (2) not more than 50 percent may be allocated to another 
        transportation capital investment account funded under this 
        Act, on approval of the Secretary of Transportation.

SEC. 525. AIRPORT IMPROVEMENT PROGRAM.

    Out of funds of the Treasury not otherwise appropriated, there is 
appropriated to the Secretary of Transportation $40,000,000 for each of 
fiscal years 2017 through 2021 to make grants under the Airport 
Improvement Program under subchapter I of chapter 471 of title 49, 
United States Code, for eligible programs and activities in the 
Commonwealth.

SEC. 526. CLEAN AND SAFE WATER REVOLVING FUNDS.

    Out of funds of the Treasury not otherwise appropriated, there is 
appropriated to the Administrator of the Environmental Protection 
Agency for each of fiscal years 2017 through 2021--
            (1) $25,000,000 to make a capitalization grant to the 
        Commonwealth for the purpose of establishing and maintaining a 
        water pollution control revolving fund under title VI of the 
        Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); 
        and
            (2) $25,000,000 to make a capitalization grant to the 
        Commonwealth for the purpose of establishing and maintaining a 
        drinking water treatment revolving loan fund under section 
        1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)).

SEC. 527. RURAL UTILITIES SERVICE PROGRAMS.

    (a) Water and Environmental Programs.--Out of funds of the Treasury 
not otherwise appropriated, there is appropriated to the Administrator 
of the Rural Utilities Service $50,000,000 for each of fiscal years 
2017 through 2021 to provide, for eligible programs and activities in 
the Commonwealth--
            (1) water or waste disposal grants or direct or guaranteed 
        loans under paragraph (1) or (2) of section 306(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a));
            (2) rural water or wastewater technical assistance and 
        training grants under section 306(a)(14) of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1926(a)(14));
            (3) emergency community water assistance grants under 
        section 306A of the Consolidated Farm and Rural Development Act 
        (7 U.S.C. 1926a); and
            (4) solid waste management grants under section 310B(b) of 
        the Consolidated Farm and Rural Development Act (7 U.S.C. 
        1932(b)).
    (b) Electric Program.--Out of funds of the Treasury not otherwise 
appropriated, there is appropriated to the Administrator of the Rural 
Utilities Service $50,000,000 for each of fiscal years 2017 through 
2021 to provide electric infrastructure grants for eligible programs 
and activities in the Commonwealth under the Rural Electrification Act 
of 1936 (7 U.S.C. 901 et seq.).

SEC. 528. RURAL ENERGY FOR AMERICA PROGRAM.

    Out of funds of the Treasury not otherwise appropriated, there is 
appropriated to the Secretary of Agriculture $25,000,000 for each of 
fiscal years 2017 through 2021 to provide financial assistance and 
grants for eligible programs and activities in the Commonwealth under 
section 9007 of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8107).

SEC. 529. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Out of funds of the Treasury not otherwise appropriated, there is 
appropriated to the Secretary of Transportation $5,000,000 for each of 
fiscal years 2017 through 2021 for the construction of ferry boats and 
ferry terminal facilities in the Commonwealth under section 147 of 
title 23, United States Code.

SEC. 530. CORPS OF ENGINEERS FUNDS.

    (a) Construction Account.--Out of funds of the Treasury not 
otherwise appropriated, there is appropriated to the Construction 
Account of the Corps of Engineers $150,000,000 for each of fiscal years 
2017 through 2021 for authorized navigation, coastal storm and riverine 
flood damage reduction, ecosystem restoration, and environmental 
infrastructure assistance activities in the Commonwealth, with priority 
given to dredging the Cano Martin Pena.
    (b) Operations and Maintenance Account.--Out of funds of the 
Treasury not otherwise appropriated, there is appropriated to the 
Operations and Maintenance Account of the Corps of Engineers 
$75,000,000 for each of fiscal years 2017 through 2021 for eligible 
operations and maintenance costs of coastal harbors and channels, and 
for inland harbors, to improve the movement of goods through marine 
ports in the Commonwealth.

SEC. 531. PREDISASTER HAZARD MITIGATION AND RESILIENCY.

    Out of funds of the Treasury not otherwise appropriated, there is 
appropriated to the Director of the Federal Emergency Management Agency 
$50,000,000 for each of fiscal years 2017 through 2021 to carry out in 
the Commonwealth minor localized flood reduction projects and major 
flood risk reduction projects under the predisaster hazard mitigation 
program under section 203 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133).

SEC. 532. BROADBAND PROGRAMS.

    (a) Broadband Initiatives Program.--Out of funds of the Treasury 
not otherwise appropriated, there is appropriated $30,000,000 for each 
of fiscal years 2017 through 2021 for the broadband initiatives program 
established under title VI of the Rural Electrification Act of 1936 (7 
U.S.C. 950bb et seq.) to expand access to, and the quality of, 
broadband service across the Commonwealth, with preference given to--
            (1) public or cooperatively owned telecommunications 
        systems; or
            (2) telecommunications systems that provide telehealth, 
        distance learning, and public safety benefits.
    (b) BroadbandUSA Program.--Out of funds of the Treasury not 
otherwise appropriated, there is appropriated $30,000,000 for each of 
fiscal years 2017 through 2021 to the National Telecommunications and 
Information Administration to carry out the BroadbandUSA program in the 
Commonwealth, with preference given to--
            (1) public or cooperatively owned telecommunications 
        systems; or
            (2) telecommunications systems that provide telehealth, 
        distance learning, and public safety benefits.

SEC. 533. HOUSING AND COMMUNITY DEVELOPMENT.

    (a) HOME Investment Partnerships Program.--
            (1) All participating jurisdictions.--Out of funds of the 
        Treasury not otherwise appropriated, there is appropriated 
        $17,000,000 for each of fiscal years 2017 through 2021 for the 
        HOME Investment Partnerships program authorized under title II 
        of the Cranston-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12721 et seq.) to be allocated proportionately among 
        participating jurisdictions in the Commonwealth in accordance 
        with the allocation among such jurisdictions for the most 
        recent fiscal year.
            (2) Cano martin pena communities.--Out of funds of the 
        Treasury not otherwise appropriated, in addition to the amount 
        appropriated under paragraph (1), there is appropriated 
        $3,000,000 for each of fiscal years 2017 through 2021 for the 
        HOME Investment Partnerships program authorized under title II 
        of the Cranston-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12721 et seq.) to be allocated to the HOME Investment 
        Partnership Program of the Municipality of San Juan for use by 
        the Cano Martin Pena Community Land Trust (also known as ``El 
        Fedeicomiso de la Tierra del Cano Martin Pena'') to create, 
        improve, and rehabilitate affordable housing in the 8 Cano 
        Martin Pena communities, including for the costs of relocating 
        homes from the banks of the channel to other locations in the 
        community.
    (b) Community Development Block Grant Program.--
            (1) All jurisdictions.--Out of funds of the Treasury not 
        otherwise appropriated, there is appropriated $60,000,000 for 
        each of fiscal years 2017 through 2021 for the community 
        development block grant program under title I of the Housing 
        and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
        to be allocated proportionately among entitlement communities 
        and nonentitlement communities in the Commonwealth in 
        accordance with the allocation among such communities for the 
        most recent fiscal year.
            (2) Cano martin pena communities.--Out of funds of the 
        Treasury not otherwise appropriated, in addition to the amount 
        appropriated under paragraph (1), there is appropriated 
        $5,000,000 for each of fiscal years 2017 through 2021 for the 
        community development block grant program under title I of the 
        Housing and Community Development Act of 1974 (42 U.S.C. 5301 
        et seq.) to be allocated to the Municipality of San Juan for 
        use by the Martin Pena Canal ENLACE Project Corporation (also 
        known as ``La Corporacion del Proyecto ENLACE del Cano Martin 
        Pena'') for housing, community, and economic development in the 
        8 Cano Martin Pena communities.

    TITLE VI--EARNED INCOME TAX CREDIT AND TAX EQUALIZATION MEASURES

SEC. 611. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED INCOME TAX CREDIT.

    (a) In General.--Section 32 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(n) Residents of Puerto Rico.--
            ``(1) In general.--In the case of residents of Puerto 
        Rico--
                    ``(A) the United States shall be treated as 
                including Puerto Rico for purposes of subsections 
                (c)(1)(A)(ii)(I) and (c)(3)(C),
                    ``(B) subsection (c)(1)(D) shall not apply to 
                nonresident alien individuals who are residents of 
                Puerto Rico, and
                    ``(C) adjusted gross income and gross income shall 
                be computed without regard to section 933 for purposes 
                of subsections (a)(2)(B) and (c)(2)(A)(i).
            ``(2) Limitation.--The credit allowed under this section by 
        reason of this subsection for any taxable year shall not exceed 
        the amount, determined under regulations or other guidance 
        promulgated by the Secretary, that a similarly situated 
        taxpayer would receive if residing in a State.''.
    (b) Child Tax Credit Not Reduced.--Subclause (II) of section 
24(d)(1)(B)(ii) of such Code is amended by inserting before the period 
``(determined without regard to section 32(n) in the case of residents 
of Puerto Rico)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2015.

SEC. 612. EQUITABLE TREATMENT FOR RESIDENTS OF PUERTO RICO WITH RESPECT 
              TO THE REFUNDABLE PORTION OF THE CHILD TAX CREDIT.

    (a) In General.--Section 24(d)(1) of the Internal Revenue Code of 
1986 is amended by inserting ``or section 933'' after ``section 112''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 2015.

             TITLE VII--PUERTO RICO DETERMINATION ON STATUS

SEC. 701. VOTE REGARDING STATUS.

    (a) Vote.--
            (1) In general.--Not later than January 31, 2018, the State 
        Elections Commission of Puerto Rico shall provide for a binding 
        vote or series of votes as described in paragraph (2), in 
        accordance with rules and regulations determined by the 
        Commission, including qualifications for voter eligibility.
            (2) Regulations.--Not later than 90 days after the date of 
        enactment of this Act, the State Elections Commission of Puerto 
        Rico shall promulgate regulations governing the provision by 
        the State Elections Commission of a binding vote, or series of 
        binding votes, regarding whether Puerto Rico should--
                    (A) be admitted as a State of the United States;
                    (B) become a sovereign nation; or
                    (C) continue the status quo as a commonwealth 
                territory of the United States and simply reform the 
                government of the Commonwealth.
    (b) Funds for Vote.--The funds made available pursuant to Public 
Law 113-76 (128 Stat. 5) may be used to conduct the vote under this 
section.

SEC. 702. CERTIFICATION AND TRANSMITTAL OF RESULTS.

    Not later than 10 days after the certification of the vote by the 
State Elections Commission of Puerto Rico, the Governor of Puerto Rico 
shall transmit the certified results to the President of the United 
States, the Speaker of the House of Representatives, and the President 
pro tempore of the Senate.

SEC. 703. TRANSITION PROCESS.

    If a majority of the votes cast in the vote conducted pursuant to 
section 701 are for the admission of Puerto Rico into the United States 
as a State, the following shall apply:
            (1) Proclamation.--Within 30 calendar days of receipt of 
        the certified results transmitted pursuant to section 702, the 
        President shall issue a proclamation to begin the transition 
        process that will culminate in Puerto Rico's admission into the 
        United States as a State effective by not later than the date 
        that is 4 years after the date on which the vote under section 
        701 is certified by the State Elections Commission of Puerto 
        Rico.
            (2) Commission.--
                    (A) Establishment.--Within 90 calendar days of 
                receipt of the certified results transmitted pursuant 
                to section 702, the President shall appoint a 
                commission, to be known as the ``Commission on the 
                Equal Application of Federal Law to Puerto Rico'' 
                (referred to in this paragraph as the ``Commission'').
                    (B) Purpose.--The Commission shall survey the laws 
                of the United States and make recommendations to 
                Congress as to how laws that do not apply to the 
                territory or apply differently to the territory than to 
                the several States should be amended or repealed to 
                treat Puerto Rico equally with the several States as of 
                the date of the admission of Puerto Rico into the 
                United States as a State.
                    (C) Membership.--The Commission shall consist of 5 
                persons, at least 2 of whom shall be residents of 
                Puerto Rico.
                    (D) Report.--The Commission shall issue a final 
                report to the President of the United States, the 
                Speaker of the House of Representatives, and the 
                President pro tempore of the Senate by July 1, 2018.
                    (E) Termination.--Upon issuing the final report 
                under subparagraph (D), the Commission shall terminate.
                    (F) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.), other than 
                section 14, shall apply to the Commission.

SEC. 704. RULES FOR ELECTIONS FOR FEDERAL OFFICES.

    (a) Preparation for Elections.--If a majority of the votes cast in 
the vote conducted pursuant to section 701 are for the admission of 
Puerto Rico into the United States as a State, not later than January 
1, 2020, Puerto Rico shall carry out such actions as may be necessary 
to enable Puerto Rico to hold elections for Federal office in November 
2020 in accordance with this section.
    (b) Presidential Election.--With respect to the election for the 
office of President and Vice President held in November 2020--
            (1) Puerto Rico shall be considered a State for purposes of 
        chapter 21 of title 3, United States Code;
            (2) the electors of Puerto Rico shall be considered 
        electors of a State for purposes of such chapter; and
            (3) for purposes of section 3 of such title, the number of 
        electors from Puerto Rico shall be equal to the number of 
        Senators and Representatives to which Puerto Rico is entitled 
        during the 117th Congress, as determined in accordance with 
        subsections (c) and (d).
    (c) Election of Senators.--
            (1) Election of 2 senators.--The regularly scheduled 
        general elections for Federal office held in Puerto Rico during 
        November 2020 shall include the election of 2 Senators, each of 
        whom shall first take office on the first day of the 117th 
        Congress.
            (2) Special rule.--In the election of Senators from Puerto 
        Rico pursuant to paragraph (1), the 2 Senate offices shall be 
        separately identified and designated, and no person may be a 
        candidate for both offices. No such identification or 
        designation of either of the offices shall refer to, or be 
        taken to refer to, the terms of such offices, or in any way 
        impair the privilege of the Senate to determine the class to 
        which each of the Senators elected shall be assigned.
    (d) Election of Representatives.--
            (1) In general.--Effective on the first day of the 117th 
        Congress, and until the taking effect of the first 
        reapportionment occurring after the regular decennial census 
        conducted for 2020, Puerto Rico shall be entitled to the number 
        of Representatives to which Puerto Rico would have been 
        entitled for the 116th Congress if Puerto Rico had been a State 
        during such Congress, as shown in the statement transmitted by 
        the President to Congress under paragraph (2).
            (2) Determination of initial number.--
                    (A) Determination.--Not later than July 1, 2019, 
                the President shall submit to Congress a statement of 
                the number of Representatives to which Puerto Rico 
                would have been entitled for the 116th Congress if 
                Puerto Rico had been a State during such Congress, in 
                the same manner as provided under section 22(a) of the 
                Act of June 28, 1929 (2 U.S.C. 2a(a)).
                    (B) Submission of number by clerk.--Not later than 
                15 calendar days after receiving the statement of the 
                President under subparagraph (A), the Clerk of the 
                House of Representatives, in accordance with section 
                22(b) of such Act (2 U.S.C. 2a(b)), shall transmit to 
                the Governor of Puerto Rico and the Speaker of the 
                House of Representatives a certificate of the number of 
                Representatives to which Puerto Rico is entitled during 
                the period described in paragraph (1).
            (3) Termination of office of resident commissioner.--
        Effective on the date on which a Representative from Puerto 
        Rico first takes office in accordance with this subsection, the 
        Office of the Resident Commissioner to the United States, as 
        described in section 36 of the Act of March 2, 1917 (48 U.S.C. 
        891 et seq.), is terminated.
    (e) Administration of Primary Elections.--Puerto Rico may hold 
primary elections for the offices described in this section at such 
time and in such manner as Puerto Rico may provide, so long as such 
elections are held in the manner required by the laws applicable to 
elections for Federal office.

SEC. 705. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

    Following the transition process set forth in section 703, if 
applicable, the President shall issue a proclamation declaring that 
Puerto Rico is admitted into the United States on an equal footing with 
the other States, effective on the date that is 4 years after the date 
on which the vote under section 701 is certified by the State Elections 
Commission of Puerto Rico. Upon issuance of the proclamation by the 
President, Puerto Rico shall be deemed admitted into the United States 
as a State.

SEC. 706. STATE OF PUERTO RICO.

    Upon the admission of Puerto Rico into the United States as a 
State, the following shall apply:
            (1) State constitution.--The Constitution of the 
        Commonwealth of Puerto Rico shall be accepted as the 
        Constitution of the State.
            (2) Territory.--The State shall consist of all of the 
        territory, together with the waters included in the seaward 
        boundary, of the Commonwealth of Puerto Rico.
            (3) Continuity of government.--The persons holding 
        legislative, executive, and judicial offices of the 
        Commonwealth of Puerto Rico shall continue to discharge the 
        duties of their respective offices.
            (4) Continuity of laws.--
                    (A) Territory law.--All of the territory laws in 
                force in Puerto Rico shall continue in force and effect 
                in the State, except as modified by this Act, and shall 
                be subject to repeal or amendment by the Legislature 
                and the Governor of Puerto Rico.
                    (B) Federal law.--All of the laws of the United 
                States shall have the same force and effect as on the 
                date immediately prior to the date of admission of 
                Puerto Rico into the United States as a State, except 
                for any provision of law that treats Puerto Rico and 
                its residents differently than the States of the United 
                States and their residents, which shall be amended as 
                of the date of admission to treat the State of Puerto 
                Rico and its residents equally with the other States of 
                the United States and their residents.

SEC. 707. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

    (a) Temporary Increase During Initial Period.--
            (1) Temporary increase.--Upon the admission of Puerto Rico 
        into the United States as a State, during the period described 
        in paragraph (1) of section 704(d)--
                    (A) the membership of the House of Representatives 
                shall be increased by the number of Members to which 
                Puerto Rico is entitled during such period; and
                    (B) each such Representative shall be in addition 
                to the membership of the House of Representatives as 
                prescribed by law on the date of enactment of this Act.
            (2) No effect on existing apportionment.--The temporary 
        increase in the membership of the House of Representatives 
        provided under paragraph (1) shall not, during the period 
        described in paragraph (1) of section 704(d)--
                    (A) operate to either increase or decrease the 
                permanent membership of the House of Representatives as 
                prescribed in the Act of August 8, 1911 (2 U.S.C. 2); 
                or
                    (B) affect the basis of reapportionment established 
                by section 22 of the Act of June 28, 1929 (2 U.S.C. 
                2a), for the 82nd Congress and each Congress 
                thereafter.
    (b) Permanent Increase Effective With Next Reapportionment.--
            (1) In general.--Upon the admission of Puerto Rico into the 
        United States as a State, effective with respect to the 118th 
        Congress and each succeeding Congress, the House of 
        Representatives shall be composed of a number of Members equal 
        to the sum of 435 plus the number by which the membership of 
        the House was increased under subsection (a).
            (2) Reapportionment of members resulting from increase.--
                    (A) In general.--Section 22(a) of the Act of June 
                28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the 
                then existing number of Representatives'' and inserting 
                ``the number of Representatives established with 
                respect to the 118th Congress''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply with respect to the 
                regular decennial census conducted for 2020 and each 
                subsequent regular decennial census.
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