[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2873 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2873

  To support businesses in Puerto Rico, extend child tax credits for 
            families in Puerto Rico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2018

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

_______________________________________________________________________

                                 A BILL


 
  To support businesses in Puerto Rico, extend child tax credits for 
            families in 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 
Economic Empowerment Act of 2018''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                          TITLE I--TAX RELIEF

Sec. 101. Temporary employee payroll tax cut for residents of Puerto 
                            Rico.
Sec. 102. Equal treatment of Puerto Rican families with 1 or more 
                            children that is currently provided to 
                            families with 3 or more children.
TITLE II--FLEXIBILITY FOR PUERTO RICO IN SMALL BUSINESS ADMINISTRATION 
                                PROGRAMS

Sec. 201. Short title.
Sec. 202. Definitions.
                          Subtitle A--Lending

Sec. 211. Microloan program for Puerto Rico small business concerns.
                        Subtitle B--Procurement

Sec. 221. Priority for surplus property transfers.
Sec. 222. Subcontracting incentives for protege firms that are Puerto 
                            Rico businesses.
Sec. 223. Additional mentor-protege relationships for protege firms 
                            that are Puerto Rico businesses.
                Subtitle C--Entrepreneurial Development

Sec. 231. FAST grant program for Puerto Rico.
          Subtitle D--Small Business Administration Oversight

Sec. 241. Requirement for the District Director of Puerto Rico.
              Subtitle E--Disaster Loan Program Expansion

Sec. 251. Amendment to definition of disaster for 7(b) loans.
      Subtitle F--Amendment to the Investment Company Act of 1940

Sec. 261. Termination of exemption for companies in territories of the 
                            United States.
                     TITLE III--ECONOMIC STATISTICS

Sec. 301. Definition.
Sec. 302. Inclusion of Puerto Rico in Census surveys.
Sec. 303. Federal Statistical Research Data Center.
                           TITLE IV--OFFSETS

Sec. 401. Prevention and Public Health Fund.

                          TITLE I--TAX RELIEF

SEC. 101. TEMPORARY EMPLOYEE PAYROLL TAX CUT FOR RESIDENTS OF PUERTO 
              RICO.

    (a) In General.--Notwithstanding any other provision of law, in the 
case of a qualified resident of Puerto Rico--
            (1) there shall be allowed a credit against the tax imposed 
        by section 1401(a) of the Internal Revenue Code of 1986 for any 
        taxable year which begins in the payroll tax holiday period an 
        amount equal to 3.1 percent of the lesser of--
                    (A) the self-employment income (as defined in 
                section 1402(b) of such Code) derived from sources 
                within Puerto Rico (as determined under section 937(b) 
                of such Code) for the taxable year, or
                    (B) the net earnings from self-employment (as 
                defined in section 1402(a) of such Code) for the 
                taxable year, and
            (2) with respect to remuneration received during the 
        payroll tax holiday period for services performed as an 
        employee within Puerto Rico (except amounts received for 
        services performed as an employee of the United States or any 
        agency thereof), the rate of tax under 3101(a) of such Code 
        shall be 3.1 percent (including for purposes of determining the 
        applicable percentage under sections 3201(a) and 3211(a)(1) of 
        such Code).
    (b) Special Rules.--
            (1) Application of rule for special refunds.--In the case 
        of a qualified resident of Puerto Rico to whom subsection 
        (a)(2) applies, the first sentence of section 6413(c)(1) of the 
        Internal Revenue Code of 1986 shall be applied by substituting 
        for ``exceeds the tax with respect to the amount of such wages 
        received in such year which is equal to such contribution and 
        benefit base'' the following: ``exceeds the sum of--
            ``(1) 3.1 percent of the lesser of--
                    ``(A) the wages received in such year to which 
                section 2(a)(2) of the Puerto Rico Economic Empowerment 
                Act of 2018 applies, or
                    ``(B) the contribution and benefit base, plus
            ``(2) 6.2 percent of the lesser of--
                    ``(A) the wages received in such year to which such 
                section does not apply, or
                    ``(B) the contribution and benefits base reduced 
                (but not below zero) by the amount of wages taken into 
                account under paragraph (1).''.
            (2) Employer liability.--An employer who receives an 
        attestation from an employee, in such form and manner as 
        directed by the Secretary of the Treasury (or the Secretary's 
        delegate), that such employee is a qualified resident of Puerto 
        Rico shall not be liable under section 3102 or 3202 of the 
        Internal Revenue Code of 1986 for any failure to collect taxes 
        in excess of the rate which applies under this section unless a 
        reasonable person would determine that such attestation is not 
        true and correct.
            (3) De minimis services.--For purposes of subsection 
        (a)(2), services performed as an employee outside of Puerto 
        Rico shall not be taken into account if such services are de 
        minimis.
    (c) Definitions.--
            (1) Qualified resident.--The term ``qualified resident'' 
        means, with respect to any calendar year, any individual--
                    (A) who was present in Puerto Rico for at least 183 
                days during the preceding calendar year, and
                    (B) who, as of the first day of the calendar year, 
                does not have a tax home (determined under the 
                principles of section 911(d)(3) of the Internal Revenue 
                Code of 1986 without regard to the second sentence 
                thereof) outside of Puerto Rico and does not have a 
                closer connection (determined under the principles of 
                section 7701(b)(3)(B)(ii) of such Code) to the United 
                States or a foreign country than to Puerto Rico.
        For purposes of subparagraph (A), the determination of whether 
        a person is present for any day shall be made under the 
        principles of section 7701(b) of such Code.
            (2) Payroll tax holiday period.--The term ``payroll tax 
        holiday period'' means the period beginning after June 30, 
        2018, and ending before July 1, 2020.
    (d) Employer Notification.--The Secretary of the Treasury shall 
notify employers of the payroll tax holiday period in any manner the 
Secretary deems appropriate.
    (e) Transfers of Funds.--
            (1) Transfers to federal old-age and survivors insurance 
        trust fund.--There are hereby appropriated to the Federal Old-
        Age and Survivors Trust Fund and the Federal Disability 
        Insurance Trust Fund established under section 201 of the 
        Social Security Act (42 U.S.C. 401) amounts equal to the 
        reduction in revenues to the Treasury by reason of the 
        application of subsection (a). Amounts appropriated by the 
        preceding sentence shall be transferred from the general fund 
        at such times and in such manner as to replicate to the extent 
        possible the transfers which would have occurred to such Trust 
        Fund had such amendments not been enacted.
            (2) Transfers to social security equivalent benefit 
        account.--There are hereby appropriated to the Social Security 
        Equivalent Benefit Account established under section 15A(a) of 
        the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) 
        amounts equal to the reduction in revenues to the Treasury by 
        reason of the application of subsection (a)(2). Amounts 
        appropriated by the preceding sentence shall be transferred 
        from the general fund at such times and in such manner as to 
        replicate to the extent possible the transfers which would have 
        occurred to such Account had such amendments not been enacted.
            (3) Coordination with other laws.--For purposes of applying 
        any provision of law other than the provisions of the Internal 
        Revenue Code of 1986, the rate of tax in effect under section 
        3101(a) of such Code shall be determined without regard to the 
        reduction in such rate under this section.

SEC. 102. EQUAL TREATMENT OF PUERTO RICAN FAMILIES WITH 1 OR MORE 
              CHILDREN THAT IS CURRENTLY PROVIDED TO FAMILIES WITH 3 OR 
              MORE CHILDREN.

    (a) In General.--Section 24 of the Internal Revenue Code of 1986, 
as amended by section 11022 of Public Law 115-97, is amended by adding 
at the end the following new subsection:
    ``(i) Residents of Puerto Rico.--In the case of an individual who 
is a bona fide resident of Puerto Rico during the entire taxable year--
            ``(1) subsection (d)(1)(B)(ii) shall be applied (after 
        application of subsection (h)), by substituting `1 or more 
        qualifying children' for `3 or more qualifying children', and
            ``(2) for purposes of subclause (I) of such subsection, 
        such individual's social security taxes for such taxable year 
        shall be determined as if section 101 of the Puerto Rico 
        Economic Empowerment Act of 2018 did not apply.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2017.

TITLE II--FLEXIBILITY FOR PUERTO RICO IN SMALL BUSINESS ADMINISTRATION 
                                PROGRAMS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Puerto Rico Opportunity, Small 
Business Prosperity, and Economic Revitalization Act of 2018''.

SEC. 202. DEFINITIONS.

    (a) In General.--In this title:
            (1) Administration; administrator.--The terms 
        ``Administration'' and ``Administrator'' mean the Small 
        Business Administration and the Administrator thereof.
            (2) Microloan program.--The term ``microloan program'' 
        means the program established under section 7(m) of the Small 
        Business Act (15 U.S.C. 636(m)).
            (3) Oversight board termination date.--The term ``Oversight 
        Board termination date'' means the date on which the Oversight 
        Board established under section 101 of the Puerto Rico 
        Oversight, Management, and Economic Stability Act (48 U.S.C. 
        2121) terminates.
            (4) Puerto rico.--The term ``Puerto Rico'' means the 
        Commonwealth of Puerto Rico.
            (5) Puerto rico business.--The term ``Puerto Rico 
        business'' means a small business concern that has its 
        principal office located in the Commonwealth of Puerto Rico.
            (6) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
    (b) Small Business Act.--Section 3 of the Small Business Act (15 
U.S.C. 632) is amended by adding at the end the following:
    ``(ee) Puerto Rico Business.--In this Act, the term `Puerto Rico 
business' means a small business concern that has its principal office 
located in the Commonwealth of Puerto Rico.''.

                          Subtitle A--Lending

SEC. 211. MICROLOAN PROGRAM FOR PUERTO RICO SMALL BUSINESS CONCERNS.

    (a) Increase in Access to Capital for Certain Intermediaries.--
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) 
is amended--
            (1) by inserting ``and except as provided in clause (ii)'' 
        after ``subsection (a)(3)'';
            (2) by striking ``Notwithstanding'' and inserting the 
        following:
                            ``(i) In general.--Notwithstanding''; and
            (3) by adding at the end the following:
                            ``(ii) Exception for certain puerto rico 
                        businesses.--
                                    ``(I) In general.--No loan shall be 
                                made under this subsection if the total 
                                amount outstanding and committed to 1 
                                covered intermediary (excluding 
                                outstanding grants) from the business 
                                loan and investment fund established by 
                                this Act would, as a result of such 
                                loan, exceed $6,000,000 in the 
                                remaining years of the covered 
                                intermediary's participation in the 
                                program.
                                    ``(II) Definition.--In this clause, 
                                the term `covered intermediary' means 
                                an intermediary that--
                                            ``(aa) is participating in 
                                        the program; and
                                            ``(bb) submits to the 
                                        Administrator a certification 
                                        that not less than 20 percent 
                                        of the microloans made by the 
                                        intermediary under this 
                                        subsection, during such period 
                                        as the Administrator may 
                                        specify, will be made to Puerto 
                                        Rico businesses.''.
    (b) Waiver of 25/75 Rule for Microloans to Puerto Rico Small 
Business Concerns.--Section 7(m)(4)(E) of the Small Business Act (15 
U.S.C. 636(m)(4)(E)) is amended--
            (1) in clause (i), by striking ``Each'' and inserting 
        ``Except as provided in clause (iii), each''; and
            (2) by adding at the end the following:
                            ``(iii) Exception for certain 
                        intermediaries.--The Administrator shall waive 
                        the requirements of clause (i) for an 
                        intermediary for which not less than 25 percent 
                        of the loans made by the intermediary are made 
                        to Puerto Rico businesses.''.
    (c) SBA Study.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall conduct a study and submit to the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives a report on 
the following:
            (1) The operations (including services provided, structure, 
        size, and area of operation) of a representative sample of--
                    (A) intermediaries that are eligible for 
                participation in the microloan program and that 
                participate in the microloan program; and
                    (B) intermediaries (including those operated for 
                profit, operated as nonprofit organizations, and 
                affiliated with a United States institution of higher 
                learning (as defined in section 3452 of title 38, 
                United States Code)) that are so eligible and that do 
                not participate in the microloan program.
            (2) The reasons why intermediaries described in paragraph 
        (1)(B) choose not to participate in the microloan program.
            (3) Recommendations on how to encourage increased 
        participation in the microloan program by intermediaries 
        described in paragraph (1)(B).
            (4) Recommendations for increasing the number of 
        intermediaries located in the territories of the United States 
        or in economically distressed areas (as defined in section 
        7(m)(11)(D) of the Small Business Act (15 U.S.C. 
        636(m)(11)(D))) that are eligible for participation in the 
        microloan program.
            (5) Recommendations on how to decrease the costs associated 
        with participation in the microloan program for eligible 
        intermediaries.
    (d) GAO Study on Microloan Intermediary Practices.--Not later than 
1 year after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on Small Business 
of the House of Representatives a report evaluating--
            (1) oversight of the microloan program by the 
        Administration, including oversight of intermediaries 
        participating in the microloan program; and
            (2) the specific processes used by the Administration to 
        ensure--
                    (A) compliance by intermediaries participating in 
                the microloan program; and
                    (B) the overall performance of the microloan 
                program.

                        Subtitle B--Procurement

SEC. 221. PRIORITY FOR SURPLUS PROPERTY TRANSFERS.

    Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 
636(j)(13)(F)) is amended by adding at the end the following:
            ``(iii)(I) In this clause, the term `covered period' means 
        the period beginning on the date of enactment of this clause 
        and ending on the date on which the Oversight Board established 
        under section 101 of the Puerto Rico Oversight, Management, and 
        Economic Stability Act (48 U.S.C. 2121) terminates.
            ``(II) The Administrator may transfer technology or surplus 
        property under clause (i) on a priority basis to a Puerto Rico 
        business if the Puerto Rico business meets the requirements for 
        such a transfer, without regard to whether the Puerto Rico 
        business is a Program Participant.''.

SEC. 222. SUBCONTRACTING INCENTIVES FOR PROTEGE FIRMS THAT ARE PUERTO 
              RICO BUSINESSES.

    Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is 
amended by adding at the end the following:
            ``(3) Puerto rico small business concerns.--
                    ``(A) In general.--During the period beginning on 
                the date of enactment of this paragraph and ending on 
                the date on which the Oversight Board established under 
                section 101 of the Puerto Rico Oversight, Management, 
                and Economic Stability Act (48 U.S.C. 2121) terminates, 
                the Administrator shall provide additional incentives 
                to covered mentors, including providing additional 
                credit for subcontracts awarded to covered proteges and 
                costs incurred for providing training to covered 
                proteges.
                    ``(B) Definitions.--In this paragraph--
                            ``(i) the term `covered mentor' means a 
                        mentor that enters into an agreement under this 
                        Act, or under any mentor-protege program 
                        approved under subsection (b)(1), with a 
                        covered protege; and
                            ``(ii) the term `covered protege' means a 
                        protege--
                                    ``(I) of a covered mentor; and
                                    ``(II) that has its principal 
                                office located in the Commonwealth of 
                                Puerto Rico.''.

SEC. 223. ADDITIONAL MENTOR-PROTEGE RELATIONSHIPS FOR PROTEGE FIRMS 
              THAT ARE PUERTO RICO BUSINESSES.

    Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 
657r(b)(3)(A)) is amended by inserting ``, except that such 
restrictions shall not apply to a relationship that was entered into 
before the date on which the Oversight Board established under section 
101 of the Puerto Rico Oversight, Management, and Economic Stability 
Act (48 U.S.C. 2121) terminates and in which the principal office of 
the protege is located in the Commonwealth of Puerto Rico'' after 
``each participant''.

                Subtitle C--Entrepreneurial Development

SEC. 231. FAST GRANT PROGRAM FOR PUERTO RICO.

    (a) In General.--Section 34 of the Small Business Act (15 U.S.C. 
657d) is amended by adding at the end the following:
    ``(j) FAST Grant Program for Puerto Rico.--
            ``(1) Establishment.--The Administrator shall establish a 
        program that shall be part of the FAST program to make awards 
        to, or enter into cooperative agreements with, a Puerto Rico 
        business.
            ``(2) Technical assistance.--If no applicant is selected to 
        receive assistance under this subsection, the Administrator 
        shall use amounts appropriated to carry out this subsection to 
        provide business advice and counseling to a Puerto Rico 
        business.
            ``(3) Waiver of matching requirements.--The Administrator 
        may, upon application, waive the matching requirements under 
        subsection (e)(2) for an applicant that receives an award or 
        has in effect a cooperative agreement under this subsection.
            ``(4) Funding.--There is authorized to be appropriated 
        $100,000 for fiscal year 2019, and each fiscal year thereafter, 
        to carry out this subsection.''.
    (b) Prospective Repeal.--Effective on the Oversight Board 
termination date, section 34 of the Small Business Act (15 U.S.C. 
657d), as amended by subsection (a), is amended by striking subsection 
(j).

          Subtitle D--Small Business Administration Oversight

SEC. 241. REQUIREMENT FOR THE DISTRICT DIRECTOR OF PUERTO RICO.

    (a) In General.--During the period beginning on the date of 
enactment of this Act and ending on the Oversight Board termination 
date, the director of the district office of the Administration located 
in Puerto Rico shall submit directly to Congress and the Administrator 
an annual report on the activities of the Administration in Puerto 
Rico.
    (b) Coordination.--In preparing each report described in subsection 
(a), the director described in such subsection shall consult with other 
Federal agencies to collect data on grants, programs, and outreach 
activities carried out by such agencies that affect any Puerto Rico 
business.

              Subtitle E--Disaster Loan Program Expansion

SEC. 251. AMENDMENT TO DEFINITION OF DISASTER FOR 7(B) LOANS.

    (a) In General.--Section 3(k)(2) of the Small Business Act (15 
U.S.C. 632(k)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(D) communicable diseases for which the Federal 
        Government issues a travel alert or travel warning.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to a communicable disease--
            (1) for which the Federal Government issues a travel alert 
        or travel warning before, on, or after the date of enactment of 
        this Act; and
            (2) the effects of which are experienced on or after the 
        date of enactment of this Act.

      Subtitle F--Amendment to the Investment Company Act of 1940

SEC. 261. TERMINATION OF EXEMPTION FOR COMPANIES IN TERRITORIES OF THE 
              UNITED STATES.

    (a) In General.--Section 6(a) of the Investment Company Act of 1940 
(15 U.S.C. 80a-6(a)) is amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) through (5) as 
        paragraphs (1) through (4), respectively.
    (b) Effective Date and Safe Harbor.--
            (1) Effective date.--Except as provided in paragraph (2), 
        the amendment made by subsection (a) shall take effect on the 
        date of enactment of this Act.
            (2) Safe harbor.--With respect to a company that is exempt 
        under section 6(a)(1) of the Investment Company Act of 1940 (15 
        U.S.C. 80a-6(a)(1)), as in effect on the day before the date of 
        enactment of this Act, the amendment made by subsection (a) 
        shall take effect on the date that is 3 years after the date of 
        enactment of this Act.
            (3) Extension of safe harbor.--The Securities and Exchange 
        Commission, by rule and regulation upon its own motion, or by 
        order upon application, may conditionally or unconditionally, 
        under section 6(c) of the Investment Company Act of 1940 (15 
        U.S.C. 80a-6(c)), further delay the effective date for a 
        company described in paragraph (2) to be not later than the 
        date that is 6 years after the date of enactment of this Act 
        if, before the end of the initial 3-year period, the Commission 
        determines that such a rule, regulation, motion, or order is 
        necessary or appropriate in the public interest and for the 
        protection of investors.

                     TITLE III--ECONOMIC STATISTICS

SEC. 301. DEFINITION.

    In this title, the term ``Secretary'' means the Secretary of 
Commerce, acting through the Director of the Bureau of the Census.

SEC. 302. INCLUSION OF PUERTO RICO IN CENSUS SURVEYS.

    (a) Study on Inclusion in Current Population Survey.--The Secretary 
shall study the feasibility of including Puerto Rico in the Current 
Population Survey conducted by the Secretary.
    (b) Interagency Working Group on Improving Data.--
            (1) Establishment.--The Chief Statistician of the United 
        States shall establish a technical interagency working group to 
        study the most effective approach to improving the quality and 
        availability of data about or from Puerto Rico for the purpose 
        of Federal statistical programs.
            (2) Report.--Not later than October 31, 2018, and on a 
        quarterly basis thereafter, the technical interagency working 
        group established under paragraph (1) shall submit a report on 
        the activities and findings of the working group to--
                    (A) the Committee on Finance of the Senate; and
                    (B) the Committee on Ways and Means of the House of 
                Representatives.
    (c) Inclusion in Other Surveys and Programs of the Bureau of the 
Census.--The Secretary shall conduct a proof of concept for including, 
or expanding the inclusion of, Puerto Rico in each of the following 
surveys and programs conducted by the Secretary:
            (1) The Census of Governments and Related Annual Programs.
            (2) The Survey of Business Owners.
            (3) The Building Permits Survey.
            (4) The Quarterly Workforce Indicators, derived from the 
        Longitudinal Employer-Household Dynamics Program.
            (5) The Statistics of U.S. Businesses.

SEC. 303. FEDERAL STATISTICAL RESEARCH DATA CENTER.

    (a) In General.--The Secretary shall establish a facility, to be 
known as the ``Federal Statistical Research Data Center'', in San Juan, 
Puerto Rico.
    (b) Dual Capacity.--The facility established under subsection (a) 
shall serve as both--
            (1) an office of the International Trade Management 
        Division of the Bureau of the Census; and
            (2) a research data center of the Bureau of the Census.

                           TITLE IV--OFFSETS

SEC. 401. PREVENTION AND PUBLIC HEALTH FUND.

    Section 4002(b) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 300u-11(b)), as amended by section 53119 of Public Law 115-
123, is amended--
            (1) in paragraph (3), by striking ``$900,000,000'' and 
        inserting ``$841,000,000'';
            (2) in paragraph (4), by striking ``$900,000,000'' and 
        inserting ``$848,000,000'';
            (3) by striking paragraphs (5) through (8);
            (4) by redesignating paragraph (9) as paragraph (7); and
            (5) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) for fiscal year 2020, $900,000,000;
            ``(6) for each fiscal year during the period of fiscal 
        years 2021 through 2027, $700,000,000; and;''.
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