[Congressional Record Volume 162, Number 104 (Tuesday, June 28, 2016)]
[Senate]
[Pages S4653-S4680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4870. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 404.  
                                 ______
                                 
  SA 4871. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike sections 403 and 404.
                                 ______
                                 
  SA 4872. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 403.
                                 ______
                                 
  SA 4873. Mrs. MURRAY (for herself and Mr. Brown) submitted an 
amendment intended to be proposed by her to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 403.
                                 ______
                                 
  SA 4874. Mr. BROWN (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 404.
                                 ______
                                 
  SA 4875. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 157, after line 19, add the following:
   TITLE VIII--IMPROVING THE TREATMENT OF THE U.S. TERRITORIES UNDER 
                        FEDERAL HEALTH PROGRAMS

     SEC. 800. EFFECTIVE DATE.

       Section 2 of this Act shall apply to this title and the 
     amendments made by this title unless otherwise specified in 
     this title.
                          Subtitle A--Medicaid

     SEC. 801. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS 
                   (``CAP'') FOR TERRITORIES.

       (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)--
       (A) by striking ``subject to and'' and inserting ``subject 
     to''; and
       (B) by striking ``paragraphs (3) and (5)'' and inserting 
     ``, and paragraphs (3) and (5) of this subsection and 
     subsection (h)''; and
       (3) by adding at the end the following new subsection:
       ``(h) Sunset of Medicaid Funding Limitations for Puerto 
     Rico, the Virgin Islands of the United States, Guam, the 
     Northern Mariana Islands, and American Samoa.--Subsections 
     (f) and (g) shall not apply to Puerto Rico, the Virgin 
     Islands of the United States, Guam, the Northern Mariana 
     Islands, and American Samoa beginning with fiscal year 
     2017.''.
       (b) Conforming Amendments.--
       (1) Section 1902(j) of the Social Security Act (42 U.S.C. 
     1396a(j)) is amended by striking ``, the limitation in 
     section 1108(f),''.
       (2) Section 1903(u) of the Social Security Act (42 U.S.C. 
     1396b(u)) is amended by striking paragraph (4).
       (3) Section 1323(c)(1) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18043(c)(1)) is amended by 
     striking ``2019'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply beginning with fiscal year 2017.

     SEC. 802. ELIMINATION OF SPECIFIC FEDERAL MEDICAL ASSISTANCE 
                   PERCENTAGE (FMAP) LIMITATION FOR TERRITORIES.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in subsection (b)(2), by inserting ``for fiscal years 
     before fiscal year 2017'' after ``American Samoa''; 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, Puerto Rico, the Virgin Islands of the United 
     States, Guam, the Northern Mariana Islands, or American 
     Samoa,'' after ``the District of Columbia''.

     SEC. 803. APPLICATION OF MEDICAID WAIVER AUTHORITY TO ALL OF 
                   THE TERRITORIES.

       (a) In General.--Section 1902(j) of the Social Security Act 
     (42 U.S.C. 1396a(j)) is amended--
       (1) by striking ``American Samoa and the Northern Mariana 
     Islands'' and inserting ``Puerto Rico, the Virgin Islands of 
     the United States, Guam, the Northern Mariana Islands, and 
     American Samoa'';
       (2) by striking ``American Samoa or the Northern Mariana 
     Islands'' and inserting ``Puerto Rico, the Virgin Islands of 
     the United States, Guam, the Northern Mariana Islands, or 
     American Samoa'';
       (3) by inserting ``(1)'' after ``(j)'';
       (4) by inserting ``except as otherwise provided in this 
     subsection,'' after ``Notwithstanding any other requirement 
     of this title''; and
       (5) by adding at the end the following:
       ``(2) The Secretary may not waive under this subsection the 
     requirement of subsection (a)(10)(A)(i)(IX) (relating to 
     coverage of adults formerly under foster care) with respect 
     to any territory.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply beginning October 1, 2016.

     SEC. 804. APPLICATION OF 100 PERCENT FEDERAL POVERTY LINE 
                   (FPL) LIMITATION TO TERRITORIES.

       (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, the Virgin Islands of the United States, Guam, the 
     Northern Mariana Islands, and American Samoa)'' after ``133 
     percent''; and
       (2) in subsection (j), as amended by section 803, by adding 
     at the end the following new paragraph:
       ``(3)(A) Subject to subparagraph (B), Federal financial 
     participation shall not be available to Puerto Rico, the 
     Virgin Islands of the United States, Guam, the Northern 
     Mariana Islands, or American Samoa for medical assistance for 
     an individual whose family income exceeds 100 percent of the 
     official poverty line 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 paragraph (1) or section 
     1115, waive the limitation under subparagraph (A) in the case 
     of a territory other than Puerto Rico. In carrying out this 
     subparagraph, the Secretary shall take into account the 
     eligibility levels established under the State plan of the 
     territory involved 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 only apply to a State that is 
     one of the 50 States or the District of Columbia.''.
       (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. 805. PERMITTING MEDICAID DSH ALLOTMENTS FOR TERRITORIES.

       Section 1923(f) of the Social Security Act (42 U.S.C. 1396) 
     is amended--
       (1) in paragraph (6), by adding at the end the following 
     new subparagraph:
       ``(C) Territories.--
       ``(i) Fiscal year 2017.--For fiscal year 2017, with respect 
     to the territories of Puerto Rico, the Virgin Islands of the 
     United States, Guam, the Northern Mariana Islands, and 
     American Samoa, the DSH allotment determined for each such 
     territory shall bear the same ratio to $150,000,000 as the 
     ratio of the number of individuals who are low-income or 
     uninsured and residing in each such respective territory (as 
     estimated from time to time by the Secretary) bears to the 
     sums of the number of such individuals residing in all of the 
     territories.
       ``(ii) Subsequent fiscal year.--For each subsequent fiscal 
     year, the DSH allotment for each such territory is subject to 
     an increase or reduction in accordance with paragraphs (3) 
     and (7).'';
       (2) in paragraph (7)(A), by striking clause (iv) and 
     redesignating clause (v) as clause (iv); and
       (3) in paragraph (9), by inserting before the period at the 
     end the following: ``, and includes, beginning with fiscal 
     year 2017, Puerto Rico, the Virgin Islands of the United 
     States, Guam, the Northern Mariana Islands, and American 
     Samoa''.

[[Page S4654]]

  

                          Subtitle B--Medicare
                             PART I--PART A

     SEC. 811. CALCULATION OF MEDICARE DSH PAYMENTS FOR IPPS 
                   HOSPITALS IN PUERTO RICO.

       Section 1886(d)(9)(D)(iii) of the Social Security Act (42 
     U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as follows:
       ``(iii) Subparagraph (F) (relating to disproportionate 
     share payments), including application of subsection (r), 
     except that for this purpose--
       ``(I) the sum described in clause (ii) of this subparagraph 
     shall be substituted for the sum referred to in paragraph 
     (5)(F)(ii)(I); and
       ``(II) for discharges occurring on or after October 1, 
     2016, subclause (I) of paragraph (5)(F)(vi) shall be applied 
     by substituting for the numerator described in such subclause 
     the number of subsection (d) Puerto Rico hospital's patient 
     days for the cost reporting period involved which were made 
     up of patients who (for such days) were entitled to benefits 
     under part A of this title and were--
       ``(aa) entitled to supplementary security income benefits 
     (excluding any State supplementation) under title XVI of this 
     Act;
       ``(bb) eligible for medical assistance under a State plan 
     under title XIX; or
       ``(cc) receiving aid or assistance under any plan of the 
     State approved under title I, X, XIV, or XVI.''.
                            PART II--PART B

     SEC. 821. 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 
     2016 and not later than January 2017, 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. 822. 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 2016), 
     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.''.
                 PART III--MEDICARE ADVANTAGE (PART C)

     SEC. 831. ADJUSTMENT IN BENCHMARK FOR LOW BASE PAYMENT 
                   COUNTIES IN PUERTO RICO.

       Section 1853(n) of the Social Security Act (42 U.S.C. 
     1395w-23(n)) is amended--
       (1) in paragraph (1), by striking ``and (5)'' and inserting 
     ``, (5), and (6)'';
       (2) in paragraph (4), by striking ``In no case'' and 
     inserting ``Subject to paragraph (6), in no case''; and
       (3) by adding at the end the following new paragraph:
       ``(6) Special rules for blended benchmark amount for 
     territories.--
       ``(A) In general.--Subject to paragraph (2), the blended 
     benchmark amount for an area in a territory for a year 
     (beginning with 2016) shall not be less than 80 percent of 
     the national average of the base payment amounts specified in 
     subparagraph (2)(E) for such year for areas within the 50 
     States and the District of Columbia.
       ``(B) Limitation.--In no case shall the blended benchmark 
     amount for an area in a territory for a year under 
     subparagraph (A) exceed the lowest blended benchmark amount 
     for any area within the 50 States and the District of 
     Columbia for such year.''.
                            PART IV--PART D

     SEC. 841. IMPROVED USE OF ALLOCATED PRESCRIPTION DRUG FUNDS 
                   BY TERRITORIES.

       Section 1935(e) of the Social Security Act (42 U.S.C. 
     1396u-5(e)) is amended by adding at the end the following new 
     paragraph:
       ``(5) Improved use of funds for low-income part d eligible 
     individuals.--This subsection shall be applied beginning on 
     January 1, 2016, as follows, notwithstanding any other 
     provision of this title:
       ``(A) Clarifying state flexibility to cover non-dual-
     eligible individuals.--For purposes of this subsection, the 
     term `medical assistance' includes financial assistance 
     furnished under this subsection by a State other than the 50 
     States or the District of Columbia to part D eligible 
     individuals who, if they were residing in one of the 50 
     States or the District of Columbia, would qualify as subsidy 
     eligible individuals under section 1860D-14(a)(3), without 
     regard to whether such individuals otherwise qualify for 
     medical assistance under this title.
       ``(B) 100 percent fmap to reflect no state matching 
     required for part d low income subsidies.--The Federal 
     medical assistance percentage applicable to the assistance 
     furnished under this subsection is 100 percent.
       ``(C) Limited funding for special rules.--Subparagraphs (A) 
     and (B), and the provision of medical assistance for covered 
     part D drugs to low-income part D eligible individuals for a 
     State and year under this subsection, are limited to the 
     amount specified in paragraph (3) for such State and year, 
     without regard to the application of subsection (f) or (g) of 
     section 1108.''.

     SEC. 842. REPORT ON TREATMENT OF TERRITORIES UNDER MEDICARE 
                   PART D.

       Paragraph (4) of section 1935(e) of the Social Security Act 
     (42 U.S.C. 1396u-5(e)) is amended to read as follows:
       ``(4) Report on application of subsection.--
       ``(A) In general.--Not later than May 1, 2018, the 
     Secretary shall submit to Congress a report on the 
     application of this subsection during the period beginning 
     with fiscal year 2006 and ending with December 31, 2017.
       ``(B) Information to be included in report.--Such report 
     shall include--
       ``(i) program guidance issued by the Secretary to implement 
     this subsection;
       ``(ii) for each of Puerto Rico, the Virgin Islands of the 
     United States, Guam, the Northern Mariana Islands, and 
     American Samoa, information on the increased amount under 
     paragraph (3) and how the territory has applied such amount, 
     including the territory's program design, expenditures, and 
     number of individuals (and dual-eligible individuals) 
     assisted; and
       ``(iii) a description of the differences between how such 
     territories are treated under part D of title XVIII and under 
     this title compared with the treatment of the 50 States and 
     the District of Columbia under such part and this title for 
     different fiscal

[[Page S4655]]

     years within the period covered under the report.
       ``(C) Recommendations.--Such report shall include 
     recommendations for improving prescription drug coverage for 
     low-income individuals in each territory identified in 
     subparagraph (B)(ii), including recommendations regarding 
     each of the following alternative approaches:
       ``(i) Adjusting the aggregate amount specified in paragraph 
     (3)(B).
       ``(ii) Allowing residents of the territories to be subsidy 
     eligible individuals under section 1860D-14, notwithstanding 
     subsection (a)(3)(F) of such section, or providing 
     substantially equivalent low-income prescription drug 
     subsidies to such residents.''.
                       Subtitle C--Miscellaneous

     SEC. 851. REPORT ON EXCLUSION OF TERRITORIES FROM EXCHANGES.

       (a) In General.--Not later than February 1, 2018, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report that details the adverse impacts in each 
     territory from the practical exclusion of the territories 
     from the provisions of part II of subtitle D of title I of 
     the Patient Protection and Affordable Care Act insofar as 
     such provisions provide for the establishment of an American 
     Health Benefit Exchange or the administration of a federally 
     facilitated Exchange in each State and in the District of 
     Columbia for the purpose of making health insurance more 
     affordable and accessible for individuals and small 
     businesses.
       (b) Information in Report.--The report shall include 
     information on the following:
       (1) An estimate of the total number of uninsured and 
     underinsured individuals residing in each territory with 
     respect to health insurance coverage.
       (2) A description of the number of health insurance issuers 
     in each territory and the health insurance plans these 
     issuers offer.
       (3) An estimate of the number of individuals residing in 
     each territory who are denied premium and cost-sharing 
     assistance that would otherwise be available to them for 
     obtaining health insurance coverage through an Exchange if 
     they resided in one of the 50 States or in the District of 
     Columbia.
       (4) An estimate of the amount of Federal assistance 
     described in paragraph (3) that is not being made available 
     to residents of each territory.
       (5) An estimate of the number of small employers in each 
     territory that would be eligible to purchase health insurance 
     coverage through a Small Business Health Options Program 
     (SHOP) Marketplace that would operate as part of an Exchange 
     if the employers were in one of the 50 States or in the 
     District of Columbia.
                                 ______
                                 
  SA 4876. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       This Act shall take effect 2 days after the date of 
     enactment.
                                 ______
                                 
  SA 4877. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``2 days'' and insert ``3 days''.
                                 ______
                                 
  SA 4878. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       This Act shall take effect 3 days after the date of 
     enactment.
                                 ______
                                 
  SA 4879. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 4880. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 4881. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of section 109, add the following:
       (c) Three-year Restriction.--
       (1) In general.--Any individual who serves as a member of 
     the Oversight Board shall not, during the 3-year period 
     beginning on the date on which his or her membership on the 
     Oversight Board terminates, knowingly make, with the intent 
     to influence, any communication to or appearance before any 
     member of the Oversight Board on behalf of any other person 
     (except the United States or a State or local government).
       (2) Penalty.--Any individual who violates subparagraph (A) 
     shall be subject to the penalties described in section 216 of 
     title 18, United States Code.
                                 ______
                                 
  SA 4882. Mr. MENENDEZ (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Puerto Rico Stability Act of 
     2016''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

            TITLE I--TECHNICAL ASSISTANCE AND FISCAL REFORM

                    Subtitle A--Technical Assistance

Sec. 101. Definitions.
Sec. 102. Improving accounting and disclosure practices.
Sec. 103. Purchases by territory government.

  Subtitle B--Fiscal Stability and Reform Boards and Chief Financial 
                                Officers

Sec. 111. Establishment of Fiscal Stability and Reform Board.
Sec. 112. Establishment of Chief Financial Officer.
Sec. 113. Development and approval of fiscal plans.
Sec. 114. Severability.

  TITLE II--ADJUSTMENTS OF DEBTS OF A TERRITORY OR ITS MUNICIPALITIES

                     Subtitle A--General Provisions

Sec. 201. Definitions.
Sec. 202. Who may be a debtor.
Sec. 203. Reservation of territorial power to control municipalities.
Sec. 204. Limitation on jurisdiction and powers of court.

                 Subtitle B--Initial Stay on Litigation

Sec. 211. Definitions.
Sec. 212. Effective date.
Sec. 213. Automatic stay.

              Subtitle C--Adjudication and Judicial Review

Sec. 221. Petition and proceedings relating to petition.
Sec. 222. Jurisdiction.
Sec. 223. Venue.
Sec. 224. Selection of presiding judge.
Sec. 225. Appellate review.
Sec. 226. Applicable rules of procedure.
Sec. 227. Severability.

                          Subtitle D--The Plan

Sec. 231. Filing of plan of adjustment.
Sec. 232. Confirmation.

                   Subtitle E--Additional Provisions

Sec. 241. Compensation of professionals.
Sec. 242. Interim compensation.
Sec. 243. Applicability of other sections.

              TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY

Sec. 301. Short title.
Sec. 302. Amendment.
Sec. 303. Effective date; application of amendment.
Sec. 304. Severability.

            TITLE I--TECHNICAL ASSISTANCE AND FISCAL REFORM

                    Subtitle A--Technical Assistance

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Board.--The term ``Board'' means a Fiscal Stability and 
     Reform Board established in accordance with section 111.
       (2) Chief financial officer.--The term ``Chief Financial 
     Officer'' means a Chief Financial Officer established in 
     accordance with section 112.
       (3) Compliant budget.--The term ``compliant budget'' means 
     a budget that is prepared in accordance with--
       (A) modified accrual accounting standards; and
       (B) the applicable Fiscal Plan.
       (4) Covered territorial instrumentality.--The term 
     ``covered territorial instrumentality'' means a territorial 
     instrumentality designated by the Board pursuant to section 
     111(b) to be subject to the requirements of subtitle B.
       (5) Covered territory.--The term ``covered territory'' 
     means a territory for which a Board has been established 
     under section 111.
       (6) Fiscal plan.--The term ``Fiscal Plan'' means a fiscal 
     plan for a covered territory submitted and approved in 
     accordance with section 113.
       (7) Governor.--The term ``Governor'' means the chief 
     executive of a territory.
       (8) Legislature.--
       (A) In general.--The term ``legislature'' means the 
     legislative body responsible for enacting the laws of a 
     territory.
       (B) Exclusion.--The term ``legislature'' does not include 
     Congress.
       (9) Modified accrual accounting standards.--The term 
     ``modified accrual accounting standards'' means accounting 
     standards

[[Page S4656]]

     issued by the Governmental Accounting Standards Board that 
     recognize--
       (A) revenues as they become available and measured; and
       (B) expenditures as liabilities are incurred.
       (10) Office.--The term ``Office'' means an Office of the 
     Chief Financial Officer established in accordance with 
     section 112.
       (11) Territorial government.--The term ``territorial 
     government'' means the government of a covered territory, 
     including each territorial instrumentality of the government 
     of the covered territory.
       (12) Territorial instrumentality.--
       (A) In general.--The term ``territorial instrumentality'' 
     means a political subdivision, public agency, 
     instrumentality, or public corporation of a territory.
       (B) Exclusion.--The term ``territorial instrumentality'' 
     does not include a Board.
       (13) Territory.--The term ``territory'' means--
       (A) the Commonwealth of Puerto Rico;
       (B) Guam;
       (C) American Samoa;
       (D) the Commonwealth of the Northern Mariana Islands; or
       (E) the United States Virgin Islands.

     SEC. 102. IMPROVING ACCOUNTING AND DISCLOSURE PRACTICES.

       (a) In General.--On request of the applicable Governor, 
     legislature, or Board (if any), the Secretary of the Treasury 
     (referred to in this section as the ``Secretary'') may 
     provide technical assistance to a territory that the 
     Secretary determines to be eligible for technical assistance 
     relating to fiscal and financial practices.
       (b) Inclusions.--In providing technical assistance under 
     subsection (a), the Secretary may, in association with any 
     Federal department or agency or the Federal Reserve System, 
     including any Federal Reserve Bank, provide assistance 
     relating to--
       (1) information technology upgrades;
       (2) improving economic forecasting, including multiyear 
     fiscal forecasting capabilities;
       (3) budgeting, tax collection, cash management, and 
     spending controls;
       (4) ensuring that agencies in the territory use financial 
     systems that are compatible with the systems of other 
     agencies of the territory and Federal agencies to provide for 
     consistent, timely financial reporting and visibility into 
     expenses;
       (5) improving and expanding economic indicators for the 
     territory to make available for the territory the indicators 
     regularly used to track regional conditions on the United 
     States mainland; and
       (6) such other matters as the Secretary, in consultation 
     with the territory, determines to be appropriate.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 103. PURCHASES BY TERRITORY GOVERNMENT.

       Section 302 of the Omnibus Insular Areas Act of 1992 (48 
     U.S.C. 1469e) is amended to read as follows:

     ``SEC. 302. INSULAR GOVERNMENT PURCHASES.

       ``The governments of the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands are authorized 
     to make purchases through the General Services 
     Administration.''.

  Subtitle B--Fiscal Stability and Reform Boards and Chief Financial 
                                Officers

     SEC. 111. ESTABLISHMENT OF FISCAL STABILITY AND REFORM BOARD.

       (a) Request.--Effective on the date on which the Governor 
     of a territory signs a resolution adopted by the legislature 
     of the territory to request the establishment of a Fiscal 
     Stability and Reform Board under this subtitle, a Board is 
     established for the territory.
       (b) Board Oversight of Territorial Instrumentalities.--
       (1) Designation.--
       (A) In general.--A Board, at such time as the Board 
     determines to be appropriate, may designate a territorial 
     instrumentality as a covered territorial instrumentality that 
     is subject to the requirements of this subtitle.
       (B) Budgets and reports.--A Board may require the Governor 
     or the Chief Financial Officer of the applicable covered 
     territory to submit to the Board such annual budgets or 
     monthly or quarterly reports relating to a covered 
     territorial instrumentality as the Board determines to be 
     necessary.
       (C) Inclusion in fiscal plan.--The Governor of the 
     applicable covered territory shall include in the applicable 
     Fiscal Plan a description of each requirement under section 
     113(c) for each covered territorial instrumentality.
       (2) Exclusion.--
       (A) In general.--A Board, at such time as the Board 
     determines to be appropriate, may exclude any territorial 
     instrumentality of the covered territory from the 
     requirements of this subtitle.
       (B) Treatment.--A territorial instrumentality excluded 
     pursuant to this paragraph shall not be considered to be a 
     covered territorial instrumentality.
       (c) Exemption From Liability for Claims.--A Board, and each 
     member of the Board, shall not be liable for any obligation 
     of, or claim against, the applicable covered territory 
     resulting from any action of the Board to carry out this 
     subtitle.
       (d) Membership.--
       (1) In general.--A Board shall consist of 9 members who 
     meet the qualifications described in paragraph (6), and of 
     whom:
       (A) 2 members shall be appointed by the President in 
     accordance with the requirements described in paragraph (5).
       (B) 2 members shall be appointed by the Governor of the 
     applicable covered territory.
       (C) 1 member shall be appointed by the chief justice of the 
     highest appellate court of the applicable covered territory.
       (D) 4 members shall be appointed by the legislature of the 
     applicable covered territory as follows:
       (i) If the legislature has 2 chambers--

       (I) 1 member shall be appointed by the political party 
     holding the most seats in the lower chamber of the 
     legislature;
       (II) 1 member shall be appointed by the political party 
     holding the second-most seats in the lower chamber of the 
     legislature;
       (III) 1 member shall be appointed by the political party 
     holding the most seats in the upper chamber of the 
     legislature; and
       (IV) 1 member shall be appointed by the political party 
     holding the second-most seats in the upper chamber of the 
     legislature.

       (ii) If the legislature has 1 chamber--

       (I) 2 members shall be appointed by the political party 
     holding the most seats in the legislature; and
       (II) 2 members shall be appointed by the political party 
     holding the second-most seats in the legislature.

       (2) Chairperson.--The member appointed under paragraph 
     (1)(C) shall serve as the chairperson of the Board.
       (3) Period of appointment.--
       (A) In general.--Except for the member appointed under 
     paragraph (1)(C) and for the initial terms of members, each 
     member of the Board shall be--
       (i) appointed for a term of 4 years; and
       (ii) eligible for reappointment.
       (B) Initial terms.--
       (i) For members appointed under paragraph (1)(A), as 
     designated by the President at the time of appointment--

       (I) 1 member shall be appointed for a term of 2 years; and
       (II) 1 member shall be appointed for a term of 4 years.

       (ii) For members appointed under paragraph (1)(B)--

       (I) both members shall be appointed to a term to terminate 
     6 months after the next gubernatorial election; and
       (II) in the event that the Governor of a territory signs a 
     resolution adopted by the legislature of the territory to 
     request the establishment of a Board under this subtitle 
     within 12 months of the next gubernatorial election, both 
     members shall be appointed to a term of 2 years.

       (iii) For members appointed under paragraph (1)(C), the 
     member shall remain appointed for the life of the Board.
       (iv) For members appointed under paragraph (1)(D), as 
     designated by the appointing entity at the time of 
     appointment--

       (I) if the legislature has 2 chambers--

       (aa) 1 member shall be appointed by the political party 
     holding the most seats in the lower chamber of the 
     legislature to a term to terminate 6 months after the next 
     legislative election of the applicable territory;
       (bb) 1 member shall be appointed by the political party 
     holding the second-most seats in the lower chamber of the 
     legislature to a term to terminate 6 months after the next 
     legislative election of the applicable territory;
       (cc) 1 member shall be appointed by the political party 
     holding the most seats in the upper chamber of the 
     legislature to a term to terminate 30 months after the next 
     legislative election of the applicable territory; and
       (dd) 1 member shall be appointed by the political party 
     holding the second-most seats in the upper chamber of the 
     legislature to a term to terminate 30 months after the next 
     legislative election of the applicable territory; and

       (II) if the legislature has 1 chamber--

       (aa) 1 member shall be appointed by the political party 
     holding the most seats in the legislature to a term to 
     terminate 6 months after the next legislative election of the 
     applicable territory;
       (bb) 1 member shall be appointed by the political party 
     holding the second-most seats in the legislature to a term to 
     terminate 6 months after the next legislative election of the 
     applicable territory;
       (cc) 1 member shall be appointed by the political party 
     holding the most seats in the legislature to a term to 
     terminate 30 months after the next legislative election of 
     the applicable territory; and
       (dd) 1 member shall be appointed by the political party 
     holding the second-most seats in the legislature to a term to 
     terminate 30 months after the next legislative election of 
     the applicable territory.
       (4) Vacancies.--
       (A) In general.--Each member shall remain appointed as long 
     as the applicable qualifications of appointment under 
     paragraph (6) remain satisfied, except that any member may be 
     removed by the original appointing entity.
       (B) Effect.--Any vacancy in the Board--
       (i) shall not affect the powers of the Board; and
       (ii) shall be filled in the same manner as the original 
     appointment by the original appointing entity as soon as 
     practicable after the date on which the vacancy occurs, 
     subject to the approval described in paragraph (3).
       (C) Term.--A member appointed to fill a vacancy shall serve 
     for the remainder of the term to which the member was 
     appointed.

[[Page S4657]]

       (5) Approval of membership.--A new member appointed shall 
     be approved by the full board, excluding the member that the 
     new member was appointed to replace.
       (6) Requirements for presidential appointments.--
       (A) Timing; required consultation.--As soon as practicable 
     after the date on which a territory submits to the President 
     a resolution described in subsection (a), and after 
     consultation with the appropriate committees of Congress and 
     the Governor of the applicable covered territory, the 
     President shall appoint members to the Board under paragraph 
     (1)(A).
       (B) Removal.--The President may remove a member appointed 
     by the President only for cause.
       (7) Qualifications.--
       (A) In general.--An individual meets the qualifications for 
     membership on the Board if the individual has knowledge and 
     expertise relating to finance, management, economics, or the 
     organization or operation of business or government.
       (B) Connection to covered territory.--Not less than 6 
     members shall have knowledge and expertise relating to the 
     history, socioeconomic circumstances, and heritage of the 
     applicable covered territory.
       (C) Residence in covered territory.--Not less than 6 
     members shall maintain a primary residence in the applicable 
     covered territory.
       (D) Special limitation on membership.--No current member of 
     the applicable territory's legislature shall be eligible to 
     serve on the Board.
       (8) Conflicts of interest.--
       (A) In general.--An individual appointed to serve as a 
     member of the Board--
       (i) shall be subject to--

       (I) the Federal conflict of interest requirements described 
     in section 208 of title 18, United States Code, except with 
     respect to subsection (b) of that section; and
       (II) the conflict of interest disclosure requirements under 
     title I of the Ethics in Government Act of 1978 (5 U.S.C. 
     App.); and

       (ii) shall not have any other conflict of interest relating 
     to the duties of the Board, including ownership of any debt 
     security of--

       (I) the applicable territorial government; or
       (II) a territorial instrumentality.

       (B) Definition.--For purposes of subparagraph (A)(ii), the 
     term ``conflict of interest'' includes the interests of an 
     organization in which the individual is serving as officer, 
     director, trustee, general partner or employee, or any person 
     or organization with whom the individual is negotiating or 
     has any arrangement concerning prospective employment.
       (C) 3-year restriction.--
       (i) In general.--Any individual who serves as a member of 
     the Board shall not, during the 3-year period beginning on 
     the date on which membership on the Board terminates, 
     knowingly make, with the intent to influence, any 
     communication to or appearance before any member of the Board 
     or Chief Financial Officer on behalf of any other person 
     (except the United States or a State or local government).
       (ii) Penalty.--Any individual who violates clause (i) shall 
     be subject to the penalties described in section 216 of title 
     18, United States Code.
       (iii) Violations.--If a member of the Board is determined 
     to be in violation of the requirements described in 
     subparagraph (A), the member shall be removed from membership 
     on the Board and may be subject to additional actions or 
     penalties set forth under Federal ethics rules.
       (e) No Compensation for Service.--Each member of the Board 
     shall--
       (1) serve without compensation; and
       (2) be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (f) Bylaws.--
       (1) In general.--As soon as practicable after the 
     appointment of all members to the Board, the Board shall 
     adopt bylaws, rules, and procedures to govern the activities 
     of the Board under this subtitle, including procedures for 
     hiring experts and consultants.
       (2) Treatment.--The bylaws, rules, and procedures adopted 
     pursuant to this subsection shall be--
       (A) public documents; and
       (B) on adoption, submitted by the Board to--
       (i) the President; and
       (ii) the Governor and legislature of the applicable covered 
     territory.
       (g) Staff.--
       (1) In general.--On the approval of the chairperson, the 
     Board may appoint such staff as are necessary to enable the 
     Board to perform the duties of the Board.
       (2) Eligible individuals.--For purposes of chapter 11 of 
     title 18, United States Code, and section 2635 of title 5, 
     Code of Federal Regulations, or any successor thereto, the 
     executive director and other staff employed by the Board 
     shall be considered employees of an Executive agency (as 
     defined in section 105 of title 5, United States Code), 
     including a member of the staff who is--
       (A) a private citizen;
       (B) an employee of the applicable territorial government; 
     or
       (C) an employee of the Federal Government.
       (3) Detailees.--
       (A) Federal employees.--On request of the chairperson of 
     the Board, the head of a Federal department or agency may 
     detail to the Board, on a reimbursable or nonreimbursable 
     basis, and in accordance with the Intergovernmental Personnel 
     Act of 1970 (42 U.S.C. 4701 et seq.), any of the personnel of 
     the department or agency to assist the Board in the 
     performance of the duties of the Board.
       (B) Territorial government employees.--On request of the 
     chairperson of the Board, the head of any department or 
     agency of the applicable territorial government may detail to 
     the Board, on a reimbursable or nonreimbursable basis, any of 
     the personnel of the department or agency to assist the Board 
     in the performance of the duties of the Board.
       (4) Officers.--
       (A) Appointment.--The chairperson may appoint to the Board 
     an executive director or such other officers as the 
     chairperson determines to be necessary to assist the Board in 
     the performance of the duties of the Board.
       (B) Term; payment.--An executive director or officer 
     appointed pursuant to subparagraph (A) shall serve for such 
     period and be paid such compensation as the Board determines 
     to be appropriate.
       (h) Funding.--
       (1) In general.--The Board--
       (A) may use funds provided by the applicable territorial 
     government to ensure sufficient funds are made available to 
     cover all expenses of the Board; and
       (B) shall submit to the Governor and legislature of the 
     applicable covered territory for inclusion in the annual 
     budget appropriations process of the applicable territorial 
     government a report describing any request and use of funds 
     provided by the applicable territorial government.
       (2) Local funding.--A covered territory shall designate a 
     dedicated territorial government source of funding, not 
     subject to subsequent legislative appropriation, sufficient 
     to support the annual costs of the Board, as determined by 
     the Board, to carry out this subtitle.
       (i) Powers.--
       (1) Hearings.--The Board may, for the purpose of performing 
     the duties of the Board--
       (A) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Board considers to be 
     appropriate; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Board considers to be appropriate.
       (2) Issuance and enforcement of subpoenas.--
       (A) Issuance.--A subpoena issued under paragraph (1)(B) 
     shall--
       (i) bear the signature of the chairperson of the Board; and
       (ii) be served by any person or class of persons designated 
     by the chairperson to serve a subpoena under paragraph 
     (1)(B).
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring the person--
       (i) to appear at any designated place to testify; or
       (ii) to produce documentary or other evidence.
       (C) Noncompliance.--Any failure to obey the order of a 
     court under this paragraph may be punished by the court as a 
     contempt of court.
       (3) Entrance into contracts.--The Board, or any of the 
     staff of the Board on behalf of the Board, may enter into 
     such contracts as the Board considers appropriate to carry 
     out the duties of the Board.
       (j) Duties.--
       (1) Monitoring and recommendations.--
       (A) In general.--Based on information provided in a monthly 
     report submitted under section 112(f)(1)(A), the Board may 
     recommend to the Governor and legislature of the applicable 
     covered territory policy adjustments that should be made to 
     ensure the expenditures and revenues of the adopted budget 
     for the applicable fiscal year are balanced.
       (2) Improvements to operational efficiency.--
       (A) In general.--The Board shall work with the applicable 
     territorial government to improve the operational efficiency 
     of the applicable territorial government, including the 
     efforts of the applicable territorial government--
       (i) to strengthen financial recordkeeping and reporting;
       (ii) to control the number and cost of government 
     contracts;
       (iii) to collect and enforce the collection of taxes;
       (iv) to promote economic growth;
       (v) to improve Federal grant management; and
       (vi) to increase the effective use of information 
     technology.
       (B) Report.--Within a reasonable period of time, the Board 
     shall submit to the applicable territorial government a 
     report describing recommendations to improve the operational 
     efficiency of the applicable territorial government, 
     including efforts described in subparagraph (A).
       (3) Review of budgets; quarterly reports.--
       (A) Budget proposed by governor.--

[[Page S4658]]

       (i) Submission to board.--The Governor of the applicable 
     covered territory shall submit to the Board for review a 
     proposed budget for each fiscal year, in consultation with 
     the Chief Financial Officer and based on the applicable 
     forecast of revenues submitted by the Chief Financial 
     Officer, by not later than the earlier of--

       (I) the date that is 120 days before the first day of the 
     fiscal year covered by the proposed budget; and
       (II) the date that is 60 days before the date by which the 
     Governor is required under applicable law to submit to the 
     legislature of the applicable covered territory a proposed 
     budget for the applicable fiscal year.

       (ii) Determination of compliant budget.--Not later than the 
     date that is 15 days after the date on which a Board receives 
     a proposed budget under clause (i), the Board shall--

       (I) determine whether the proposed budget is a compliant 
     budget; and
       (II)(aa) if the proposed budget is a compliant budget--

       (AA) approve the compliant budget; and
       (BB) submit the compliant budget to the legislature of the 
     applicable covered territory; or

       (bb) if the proposed budget is not a compliant budget, 
     provide to the Governor of the applicable covered territory--

       (AA) a notice of violation that includes a description of 
     any corrective action suggested by the Board; and
       (BB) an opportunity to correct the violation by requiring 
     the Governor to submit to the Board a revised budget by not 
     later than the date that is 15 days after the date on which 
     the notice of violation under subitem (AA) is provided.
       (iii) Revised budgets.--Not later than the date that is 7 
     days after the date on which the Board receives a revised 
     budget under clause (ii)(II)(bb)(BB), the Board shall--

       (I) determine whether the revised budget is a compliant 
     budget in consultation with the Chief Financial Officer; and
       (II)(aa) if the revised budget is a compliant budget--

       (AA) approve the compliant budget; and
       (BB) submit the compliant budget to the legislature of the 
     applicable covered territory; or

       (bb) if the revised budget is not a compliant budget--

       (AA) issue a notice of noncompliance;
       (BB) publicly submit recommendations of the Board and the 
     Chief Financial Officer for adjustments that should be made 
     to ensure the adopted budget of the territorial government 
     for the applicable fiscal year is a compliant budget;
       (CC) submit the noncompliant budget to the legislature of 
     the applicable covered territory with recommendations of the 
     Board and the Chief Financial Officer for adjustments that 
     should be made to ensure the adopted budget of the 
     territorial government for the applicable fiscal year is a 
     complaint budget; and
       (DD) issue a directive that the legislature shall strive to 
     adopt the Board's recommendations in the budget of the 
     territorial government for the applicable fiscal year.
       (B) Budget approval by legislature.--
       (i) In general.--The legislature of the applicable covered 
     territory shall submit to the Board the budget adopted by the 
     legislature not later than--

       (I) the date that is 30 days before the first day of each 
     applicable fiscal year; or
       (II) the date previously approved in writing by the Board 
     not to exceed 60 days after the first day of the applicable 
     fiscal year, if a date was approved in writing.

       (ii) Determination by board.--Not later than the date that 
     is 7 days after the date on which the Board receives an 
     adopted budget submitted under clause (i), the Board shall--

       (I) determine whether the adopted budget is a compliant 
     budget in consultation with the Chief Financial Officer; and
       (II)(aa) if the adopted budget is a compliant budget, issue 
     a compliance certification for the compliant budget; or
       (bb) if the budget is not a compliant budget--

       (AA) issue a certificate of noncompliance;
       (BB) publicly submit recommendations of the Board and the 
     Chief Financial Officer for adjustments that should be made 
     to the budget of the territorial government for the upcoming 
     fiscal year to ensure the revenues and expenditures are 
     consistent with the Fiscal Plan;
       (CC) provide to the Governor and legislature of the 
     applicable covered territory a certificate of noncompliance 
     that includes a description of any recommendations of the 
     Board and the Chief Financial Officer for adjustments that 
     should be made to the budget of the territorial government 
     for the upcoming fiscal year to ensure the revenues and 
     expenditures are consistent with the Fiscal Plan; and
       (DD) issue a directive that the Governor and the 
     legislature shall strive to adopt the Board's recommendations 
     in the budget of the territorial government for the upcoming 
     fiscal year.
       (C) Quarterly reports.--On receipt of a quarterly report 
     from the Chief Financial Officer under section 112(f)(1)(B), 
     the Board shall--
       (i) conduct a review to determine whether the actual 
     quarterly revenues and expenses for the applicable 
     territorial government are in compliance with the applicable 
     approved budget; and
       (ii) if the Board determines that the actual quarterly 
     revenues and expenses for the applicable territorial 
     government are not in compliance with the applicable approved 
     budget under clause (i), provide to the Governor 
     recommendations for adjustments that should be made to ensure 
     the revenues and expenditures of the adopted budget of the 
     applicable territorial government for the applicable fiscal 
     year are balanced.
       (4) Issuance of debt.--No territorial government may, 
     without providing prior written and public notice to the 
     Board, issue debt or guarantee, exchange, modify, repurchase, 
     redeem, or enter into a similar transaction with respect to 
     the debt of the territorial government.
       (5) Authority to review discretionary tax waivers.--
       (A) In general.--Not later than the date that is 180 days 
     after the date of the establishment of a Board under 
     subsection (a), the Governor of the applicable covered 
     territory shall submit to the Board an audited report 
     documenting each outstanding discretionary tax waiver 
     agreement to which any entity of the applicable territorial 
     government is a party, including each agreement pursuant to 
     which the applicable entity of the territorial government 
     waived, changed the due date of, or changed the amount of 
     taxes due.
       (B) New tax waivers.--Effective on the date on which a 
     Board is established under subsection (a), no new tax waiver 
     agreement may be executed by the applicable territorial 
     government without prior approval of the Board.
       (k) Termination of Board.--A Board shall terminate on 
     certification by the Board that--
       (1) the Board has been in operation for not less than 3 
     years and the applicable territorial government has adequate 
     access, on an unsecured basis, to short-term and long-term 
     credit markets at reasonable interest rates to meet the 
     borrowing needs of the territorial government using a 
     compliant budget; or
       (2) for not less than 3 consecutive fiscal years prior to 
     the certification, the expenditures made by the applicable 
     territorial government for each fiscal year did not exceed 
     the revenues of the territorial government during that fiscal 
     year, using a compliant budget.

     SEC. 112. ESTABLISHMENT OF CHIEF FINANCIAL OFFICER.

       (a) Establishment of Office.--
       (1) In general.--Effective on the date on which the 
     Governor of a territory signs a resolution adopted by the 
     legislature of the territory to request the establishment of 
     a Fiscal Stability and Reform Board under this subtitle, an 
     Office of the Chief Financial Officer is established for the 
     territory, which shall be headed by the Chief Financial 
     Officer of the territory.
       (2) Authority to request.--Effective with the appointment 
     of the first Chief Financial Officer under subsection (d), 
     the Chief Financial Officer may request other offices be 
     consolidated within the office, subject to the approval of 
     the applicable territory's legislature, with the function and 
     personnel of the offices transferred to the office.
       (3) Retention of authority.--Notwithstanding paragraph (2), 
     the applicable territory shall retain its authority to 
     appoint and remove personnel and agency heads of consolidated 
     offices.
       (4) Conflicts of interest.--
       (A) In general.--An individual appointed to serve as a 
     Chief Financial Officer--
       (i) shall be subject to--

       (I) the Federal conflict of interest requirements described 
     in section 208 of title 18, United States Code, except with 
     respect to subsection (b) of that section; and
       (II) the conflict of interest disclosure requirements under 
     title I of the Ethics in Government Act of 1978 (5 U.S.C. 
     App.); and

       (ii) shall not have any other conflict of interest relating 
     to the duties of the Chief Financial Officer, including 
     ownership of any debt security of--

       (I) the applicable territorial government; or
       (II) a territorial instrumentality.

       (B) Definition.--For purposes of subparagraph (A)(ii), the 
     term ``conflict of interest'' includes the interests of an 
     organization in which the individual is serving as officer, 
     director, trustee, general partner or employee, or any person 
     or organization with whom the individual is negotiating or 
     has any arrangement concerning prospective employment.
       (C) 3-year restriction.--
       (i) In general.--Any individual who serves as Chief 
     Financial Officer shall not, during the 3-year period 
     beginning on the date on which his or her tenure as Chief 
     Financial Officer terminates, knowingly make, with the intent 
     to influence, any communication to or appearance before any 
     member of the Board or Chief Financial Officer on behalf of 
     any other person (except the United States or a State or 
     local government).
       (ii) Penalty.--Any individual who violates clause (i) shall 
     be subject to the penalties described in section 216 of title 
     18, United States Code.
       (iii) Violations.--If a Chief Financial Officer is 
     determined to be in violation of the requirements described 
     in this subparagraph, the member shall be removed from the 
     position of Chief Financial Officer and may be subject to 
     additional actions or penalties set forth under Federal 
     ethics rules.
       (b) Staff.--
       (1) In general.--The Chief Financial Officer may appoint 
     such staff as are necessary

[[Page S4659]]

     to enable the Office to perform the duties of the Office.
       (2) Eligible individuals.--For purposes of chapter 11 of 
     title 18, United States Code, and section 2635 of title 5, 
     Code of Federal Regulations, or any successor thereto, the 
     executive director and other staff employed by the office 
     shall be considered employees of an Executive agency (as 
     defined in section 105 of title 5, United States Code), 
     including a member of the staff who is--
       (A) a private citizen;
       (B) an employee of the applicable territorial government; 
     or
       (C) an employee of the Federal Government.
       (3) Detailees.--
       (A) Federal employees.--On request of the Chief Financial 
     Officer, the head of a Federal department or agency may 
     detail to the Office, on a reimbursable or nonreimbursable 
     basis, and in accordance with the Intergovernmental Personnel 
     Act of 1970 (42 U.S.C. 4701 et seq.), any of the personnel of 
     the department or agency to assist the Office in the 
     performance of the duties of the Office.
       (B) Territorial government employees.--On request of the 
     Chief Financial Officer, the head of any department or agency 
     of the applicable territorial government may detail to the 
     Office, on a reimbursable or nonreimbursable basis, any of 
     the personnel of the department or agency to assist the 
     Office in the performance of the duties of the Office.
       (c) Funding.--
       (1) In general.--The Chief Financial Officer--
       (A) may use funds provided by the applicable territorial 
     government to ensure sufficient funds are made available to 
     cover all expenses of the Office; and
       (B) shall submit to the Governor and legislature of the 
     applicable covered territory for inclusion in the annual 
     budget appropriations process of the applicable territorial 
     government a report describing any request and use of funds 
     provided by the applicable territorial government.
       (2) Local funding.--A covered territory shall designate a 
     dedicated territorial government source of funding, not 
     subject to subsequent legislative appropriation, sufficient 
     to support the annual costs of the Office, as determined by 
     the Chief Financial Officer, to carry out this subtitle.
       (d) Appointment.--
       (1) In general.--The Chief Financial Officer shall be 
     appointed by the applicable territory's Governor as follows:
       (A) Prior to the appointment of the Chief Financial 
     Officer, the Board may submit recommendations for the 
     appointment to the applicable territory's Governor.
       (B) In consultation with the Board and the applicable 
     territory's legislature, the applicable territory's Governor 
     shall nominate an individual for appointment and notify the 
     applicable territory's legislature of the nomination.
       (C) After the expiration of the 7-day period that begins on 
     the date the applicable territory's Governor notifies the 
     legislature of the nomination under subparagraph (B), the 
     applicable territory's Governor shall notify the Board of the 
     nomination.
       (D) The nomination shall be effective subject to approval 
     by a majority vote of the Board.
       (2) Removal.--The Chief Financial Officer may be removed 
     for cause by the Board or by the applicable territory's 
     Governor with the approval of the Board.
       (3) Salary.--The Chief Financial Officer shall be paid at 
     an annual rate determined by the Board as the Board 
     determines to be appropriate.
       (e) Powers.--
       (1) Issuance and enforcement of subpoenas.--
       (A) Purpose.--The Chief Financial Officer may, for the 
     purpose of performing the duties of the office, require, by 
     subpoena or otherwise, the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, documents, tapes, and 
     materials as the Chief Financial Officer considers to be 
     appropriate.
       (B) Issuance.--A subpoena issued under paragraph (1)(B) 
     shall--
       (i) bear the signature of the Chief Financial Officer; and
       (ii) be served by any person or class of persons designated 
     by the Chief Financial Officer to serve a subpoena under 
     paragraph (1)(B).
       (C) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring the person--
       (i) to appear at any designated place to testify; or
       (ii) to produce documentary or other evidence.
       (D) Noncompliance.--Any failure to obey the order of a 
     court under this paragraph may be punished by the court as a 
     contempt of court.
       (2) Entrance into contracts.--The Chief Financial Officer, 
     or any of the staff of the office on behalf of the Chief 
     Financial Officer, may enter into such contracts as the Chief 
     Financial Officer considers appropriate to carry out the 
     duties of the office.
       (f) Functions.--In addition to any other duties necessary 
     and proper to fulfill the purposes of the Office, the Chief 
     Financial Officer shall have the following duties:
       (1) Monthly and quarterly reports.--The Chief Financial 
     Officer, in consultation with the applicable territorial 
     government, shall submit to the Board:
       (A) A report not later than the date that is 7 days after 
     the last day of each month to provide--
       (i) an accounting of the cash balance of the applicable 
     territorial government; and
       (ii) a description of the amount of actual expenditures and 
     revenues of the applicable territorial government, as 
     compared to the amounts budgeted, for the applicable fiscal 
     year.
       (B) Not later than the date that is 15 days after the last 
     day of each quarter of a fiscal year, the Chief Financial 
     Officer in consultation with the Governor of the applicable 
     covered territory shall submit to the Board, in such form as 
     the Board may require, a report describing--
       (i) the actual cash revenues, cash expenditures, and cash 
     flows of the territorial government for the preceding 
     quarter; as compared to
       (ii) the actual cash revenues, cash expenditures, and cash 
     flows contained in the approved budget for the applicable 
     quarter.
       (C) A report under subparagraph (B) shall include--
       (i) a description of any accrued revenues and expenditures 
     during the applicable quarter, as compared to the accrued 
     revenues and expenditures contained in the approved budget 
     for the quarter; and
       (ii) a balance sheet, if the Board requires a balance 
     sheet.
       (2) Revenue forecasting.--Not later than the date that is 
     75 days before the date on which the Governor of the 
     applicable covered territory is required under applicable law 
     to submit to the legislature of the applicable covered 
     territory a proposed budget for the upcoming fiscal year, the 
     Chief Financial Officer shall submit to the applicable 
     territorial government and Board a forecast of revenues for 
     the upcoming fiscal year to be used to develop the budget.
       (A) Requirements.--A forecast under paragraph (2) shall 
     be--
       (i) based on applicable law; and
       (ii) prepared in accordance with the applicable Fiscal 
     Plan.
       (3) Financial and accounting information.--The Chief 
     Financial Officer shall ensure the following:
       (A) All financial information presented by the applicable 
     territory is presented in a manner, and is otherwise 
     consistent with any requirements promulgated by the Board.
       (B) Appropriate procedures are implemented and institute 
     such programs, systems, and personnel policies within the 
     Officer's authority, to ensure that the applicable 
     territory's budget, accounting and personnel control systems 
     and structures are synchronized for budgeting and control 
     purposes on a continuing basis.
       (C) Appropriate forms of receipts, vouchers, bills, and 
     claims to be used by all agencies, offices, and 
     instrumentalities of the applicable territorial government.
       (4) Accounting management.--The Chief Financial Officer 
     shall:
       (A) Supervise the applicable territory's financial 
     transactions to ensure adequate control of revenues and 
     resources, and to ensure that appropriations are not 
     exceeded.
       (B) Maintain systems of accounting and internal control 
     designed to provide--
       (i) full disclosure of the financial impact of the 
     activities of the applicable territorial government;
       (ii) adequate financial information needed by the 
     applicable territorial government for management purposes;
       (iii) effective control over, and accountability for, all 
     funds, property, and other assets of the applicable 
     territorial government; and
       (iv) reliable accounting results to serve as the basis for 
     preparing and supporting agency budget requests and 
     controlling the execution of the budget of the applicable 
     territorial government.
       (C) Maintain accounting of all public funds belonging to or 
     under the control of the applicable territorial government 
     (or any department or agency of the applicable territorial 
     government).
       (D) Maintain accounting of all investment and invested 
     funds of the applicable territorial government or in 
     possession of the applicable territorial government in a 
     fiduciary capacity.
       (E) Submit to the applicable territorial government a 
     financial statement of the applicable territorial government, 
     containing such details and at such times as the applicable 
     territorial government may specify.
       (5) Certifying contracts.--All contracts (whether directly 
     or through delegation) shall be certified by the Chief 
     Financial Officer prior to execution as to the availability 
     of funds to meet the obligations expected to be incurred by 
     the applicable territorial government under such contracts 
     during the year.
       (6) Auditing.--The Chief Financial Officer shall perform 
     internal audits of accounts and operations and records of the 
     applicable territorial government, including the examination 
     of any accounts or records of financial transactions, giving 
     due consideration to the effectiveness of accounting systems, 
     internal control, and related administrative practices of the 
     departments and agencies of the applicable territorial 
     government.

     SEC. 113. DEVELOPMENT AND APPROVAL OF FISCAL PLANS.

       (a) In General.--Not later than the date that is 60 days 
     before the date on which the

[[Page S4660]]

     Governor of an applicable covered territory is required under 
     applicable law to submit to the legislature of the applicable 
     covered territory a proposed budget for the upcoming fiscal 
     year, the Governor, in consultation with the Chief Financial 
     Officer, shall develop and submit to the Board and applicable 
     territorial government a Fiscal Plan for the applicable 
     territorial government in accordance with this section.
       (b) Initial Fiscal Plan.--The Governor of an applicable 
     covered territory in consultation with the Chief Financial 
     Officer shall develop an initial Fiscal Plan in accordance 
     with subsection (a) within 90 days of the Governor of the 
     applicable covered territory signing a resolution adopted by 
     the legislature of the territory to request the establishment 
     of a Fiscal Stability and Reform Board under this subtitle, 
     or not later than the date that is 60 days before the date on 
     which the Governor of the applicable covered territory is 
     required under applicable law to submit to the legislature of 
     the applicable covered territory a proposed budget for the 
     upcoming fiscal year, whichever comes chronologically first.
       (c) Requirements.--
       (1) In general.--A Fiscal Plan shall, to the maximum extent 
     practicable, with respect to the applicable territorial 
     government--
       (A) provide for estimates of revenues and expenditures in 
     accordance with modified accrual accounting standards and 
     based on--
       (i) applicable laws; or
       (ii) specific laws that require enactment in order to 
     reasonably achieve the projections of the Fiscal Plan;
       (B) ensure the funding of essential public services;
       (C) provide full funding to cover all existing public 
     pension obligations;
       (D) provide for the elimination of budget gaps in 
     financing;
       (E) provide for a reduction in the debt burden to a level 
     that is sustainable;
       (F) improve fiscal governance;
       (G) enable the achievement of fiscal targets;
       (H) create independent forecasts of revenue for the period 
     covered by the Fiscal Plan; and
       (I) not impede investments to promote sustained economic 
     growth.
       (2) Term.--A Fiscal Plan shall be in effect for a period of 
     not less than 5 years.
       (3) Transparency.--A Fiscal Plan shall be made publicly 
     available no less than 15 days after final approval as 
     specified within subsection (d).
       (d) Approval by Board.--
       (1) Requirement.--The Governor of a covered territory shall 
     not submit to the legislature of the applicable covered 
     territory an annual budget for a fiscal year unless the 
     Fiscal Plan has been approved for that fiscal year in 
     accordance with this subsection.
       (2) Approval.--Not later than the date that is 15 days 
     after the date on which the Governor submits a Fiscal Plan to 
     the Board under subsection (a), the Board shall--
       (A) certify the Fiscal Plan; or
       (B) fail to certify the Fiscal Plan and provide to the 
     Governor recommendations for revisions to the Fiscal Plan.
       (3) Revised fiscal plan.--
       (A) In general.--Not later than the date that is 15 days 
     after the date on which the Board submits recommendations to 
     the Governor under paragraph (2)(B), the Governor shall 
     submit to the Board a revised Fiscal Plan.
       (B) Approval; disapproval.--Not later than the date that is 
     7 days after the date on which the Governor submits to the 
     Board a revised Fiscal Plan under subparagraph (A), the Board 
     shall--
       (i) certify the revised Fiscal Plan; or
       (ii) disapprove the revised Fiscal Plan.
       (4) Development by board.--
       (A) In general.--
       (i) Nonaction by governor.--If the Governor of a covered 
     territory fails to submit to the Board a revised Fiscal Plan 
     on or before the date specified in paragraph (3)(A), the 
     Board shall develop and submit to the Governor a final 
     revised Fiscal Plan not later than the date that is 22 days 
     after the date on which recommendations are provided to the 
     Governor under paragraph (2)(B).
       (ii) Disapproval by board.--If the Board disapproves a 
     revised Fiscal Plan under paragraph (3)(B)(ii), the Board 
     shall develop and submit to the Governor a final revised 
     Fiscal Plan not later than the date that is 7 days after the 
     date of disapproval.

     SEC. 114. SEVERABILITY.

       If any provision of this subtitle or the application of 
     such provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this subtitle, and the 
     application of the provision to any other person or 
     circumstance, shall not be affected.

  TITLE II--ADJUSTMENTS OF DEBTS OF A TERRITORY OR ITS MUNICIPALITIES

                     Subtitle A--General Provisions

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Affiliate.--The term ``affiliate'' means, in addition 
     to the definition made applicable in a case under this title 
     by section 243(a)--
       (A) for a Territory, any municipality of the Territory; and
       (B) for a municipality, the governing Territory and any of 
     the Territory's other municipalities.
       (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 the municipality 
     or Territory as defined by paragraphs (5) and (11); and
       (B) the date of issuance or incurrence of debt precedes the 
     date of enactment of this Act.
       (3) Court.--The term ``court'' means the district court for 
     the territory in which the debtor is located or, for any 
     territory in which the debtor is located that does not have a 
     district court, the United States District Court for the 
     District of Hawaii.
       (4) Debtor.--The term ``debtor'' means the Territory or 
     municipality concerning which a case under this title has 
     been commenced.
       (5) Municipality.--The term ``municipality''--
       (A) includes any political subdivision, public agency, 
     instrumentality or instrumentality of a Territory; and
       (B) should be broadly construed to effectuate the purposes 
     of this title.
       (6) Property of the estate.--The term ``property of the 
     estate'', when used in section 541 of title 11, United States 
     Code, made applicable in a case under this title by section 
     243(a) means property of the debtor.
       (7) Special revenues.--The term ``special revenues'' means 
     receipts derived from the ownership, operation, or 
     disposition of projects or systems of the debtor that are 
     primarily used or intended to be used primarily to provide 
     transportation, utility, or other services, including the 
     proceeds of borrowings to finance the projects or systems.
       (8) Special tax payer.--The term ``special tax payer'' 
     means record owner or holder of legal or equitable title to 
     real property against which a special assessment or special 
     tax has been levied the proceeds of which are the sole source 
     of payment of an obligation issued by the debtor to defray 
     the cost of an improvement relating to such real property.
       (9) Special tax payer affected by the plan.--The term 
     ``special tax payer affected by the plan'' means special tax 
     payer with respect to whose real property the plan proposes 
     to increase the proportion of special assessments or special 
     taxes referred to in paragraph (2) assessed against such real 
     property.
       (10) State.--The term ``State'' when used in a section of 
     title 11, United States Code, made applicable in a case under 
     this title by section 243(a) means State or Territory when 
     used in reference to a the relationship of a State to the 
     municipality of the State.
       (11) Territory.--The term ``Territory'' means the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or the United 
     States Virgin Islands.
       (12) Trustee.--The term ``trustee'' when used in a section 
     of title 11, United States Code, made applicable in a case 
     under this title by section 243(a) means debtor, except as 
     provided in section 926 of title 11, United States Code.

     SEC. 202. WHO MAY BE A DEBTOR.

       An entity may be a debtor under this title if the entity--
       (1) is--
       (A) a Territory that has requested the establishment of a 
     Fiscal Stability and Reform Board in accordance with section 
     111; or
       (B) a municipality--
       (i) of a Territory that has requested the establishment of 
     a Fiscal Stability and Reform Board in accordance with 
     section 111; and
       (ii) that has been specifically authorized, in its capacity 
     as a municipality or by name, to be a debtor under this title 
     by Territory law, or by a governmental officer or 
     organization empowered by Territory law to authorize such 
     entity to be a debtor under this title; and
       (2) desires to effect a plan to adjust its debts.

     SEC. 203. RESERVATION OF TERRITORIAL POWER TO CONTROL 
                   MUNICIPALITIES.

       Subject to the limitations imposed by title III, this title 
     does not limit or impair the power of a Territory to control, 
     by legislation or otherwise, a municipality of or in the 
     Territory in the exercise of the political or governmental 
     powers of such municipality, including expenditures for such 
     exercise, but--
       (1) a Territory law prescribing a method of composition of 
     indebtedness of such municipality may not bind any creditor 
     that does not consent to such composition; and
       (2) a judgment entered under such a law may not bind a 
     creditor that does not consent to such composition.

     SEC. 204. LIMITATION ON JURISDICTION AND POWERS OF COURT.

       Subject to the limitations imposed by title II, 
     notwithstanding any power of the court, unless the debtor 
     consents or the plan so provides, the court may not, by any 
     stay, order, or decree, in the case or otherwise, interfere 
     with--
       (1) any of the political or governmental powers of the 
     debtor;
       (2) any of the property or revenues of the debtor; or
       (3) the debtor's use or enjoyment of any income-producing 
     property.

                 Subtitle B--Initial Stay on Litigation

     SEC. 211. DEFINITIONS.

       In this subtitle, any term not defined under section 201 
     that is defined in title 11, United States Code, has the 
     meaning given that term under title 11, United States Code.

     SEC. 212. EFFECTIVE DATE.

       Effective on the date on which the Governor of a territory 
     signs a resolution adopted by the legislature of the 
     territory to request the establishment of a Fiscal Stability

[[Page S4661]]

     and Reform Board under section 111, section 213 shall take 
     effect.

     SEC. 213. AUTOMATIC STAY.

       (a) Except as otherwise provided in this section, the 
     adoption of a resolution under section 111 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--
       (1) the commencement or continuation, including the 
     issuance or employment of process, of a judicial, 
     administrative, or other action or proceeding against a 
     Territory or municipality, or to recover a claim against a 
     Territory or municipality;
       (2) the enforcement, against a Territory or municipality or 
     against property of a Territory or municipality, of a 
     judgment;
       (3) any act to obtain possession of property of a Territory 
     or municipality, or of property from a Territory or 
     municipality, or to exercise control over property of a 
     Territory or municipality;
       (4) any act to create, perfect, or enforce any lien against 
     property of a Territory or municipality;
       (5) any act to create, perfect, or enforce against property 
     of a Territory or municipality any lien to the extent that 
     such lien secures a claim;
       (6) any act to collect, assess, or recover a claim against 
     a Territory or municipality; and
       (7) the setoff of any debt owing to a Territory or 
     municipality against any claim against a Territory or 
     municipality.
       (b) The adoption of a resolution under section 111 does not 
     operate as a stay under subsection (a) of this section of the 
     continuation of, including the issuance or employment of 
     process, a judicial, administrative, or other action or 
     proceeding against a Territory or municipality that was 
     commenced on or before the date of the adoption of the 
     resolution under section 111.
       (c) Except as provided in subsection (d), (e), or (f), a 
     stay of an act under subsection (a) shall cease to have 
     effect no later than 12 months after the date of the adoption 
     of a resolution under section 111, or upon a the commencement 
     of a voluntary case under this title by the filing with the 
     bankruptcy court of a petition by an entity that may be a 
     debtor under section 202, whichever comes chronologically 
     first.
       (d) On motion of a party in interest and after notice and a 
     hearing, the court may grant relief from a stay under 
     subsection (a)--
       (1) for cause, including the lack of adequate protection of 
     a security interest in property of such party in interest; or
       (2) with respect to a stay of an act against property under 
     subsection (a), if--
       (A) the debtor does not have an equity in such property; 
     and
       (B) such property is not necessary for a Territory or 
     municipality to provide essential services.
       (e) Thirty days after a request under subsection (d) of 
     this section for relief from the stay of any act against 
     property of a Territory or municipality under subsection (a) 
     of this section, such stay is terminated with respect to the 
     party in interest making such request, unless the court, 
     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 subsection (d) of this 
     section. A hearing under this subsection may be a preliminary 
     hearing, or may be consolidated with the final hearing under 
     subsection (d) of this section. The court shall order such 
     stay continued in effect pending the conclusion of the final 
     hearing under subsection (d) of this section 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 court finds is required by compelling 
     circumstances.
       (f) Upon request of a party in interest, the court, with or 
     without a hearing, shall grant such relief from the stay 
     provided under subsection (a) of this section 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 
     subsection (d) or (e) of this section.
       (g) No order, judgment, or decree entered in violation of 
     this section shall have any force or effect.
       (h) In any hearing under subsection (d) or (e) concerning 
     relief from a stay--
       (1) the party requesting such relief has the burden of 
     proof on the issue of the debtor's equity in property; and
       (2) the party opposing such relief has the burden of proof 
     on all other issues.

              Subtitle C--Adjudication and Judicial Review

     SEC. 221. PETITION AND PROCEEDINGS RELATING TO PETITION.

       (a) A voluntary case under this title is commenced by the 
     filing with the bankruptcy court of a petition by an entity 
     that may be a debtor under section 202.
       (b) Notwithstanding section 202 and subsection (a), a case 
     under this title concerning an unincorporated tax or special 
     assessment district that does not have its own officials is 
     commenced by the filing under subsection (a) of a petition by 
     the governing authority of the district or the board or body 
     having authority to levy taxes or assessments to meet the 
     obligations of such district.
       (c) After any objection to the petition, the court, after 
     notice and a hearing, may dismiss the petition if--
       (1) the debtor did not file the petition in good faith; or
       (2) the petition does not meet the requirements of this 
     title.
       (d) If the petition is not dismissed under subsection (c), 
     the court shall order relief under this title.
       (e) The court may not--
       (1) on account of an appeal from an order for relief, delay 
     any proceeding under this title in the case in which the 
     appeal is being taken; or
       (2) order a stay of such proceeding pending such appeal.
       (f) The reversal on appeal of a finding of jurisdiction 
     shall not affect the validity of any debt incurred that is 
     authorized by the court under section 364(c) or 364(d) of 
     title 11, United States Code.
       (g) For purposes of this title, the Governor may take any 
     action necessary on behalf of the debtor to prosecute the 
     debtor's case; including--
       (1) filing a petition;
       (2) submitting or modifying a plan of adjustment; or
       (3) otherwise generally submitting filings in relation to 
     the restructuring case with the court.
       (h) Debtors under this title may file petitions or submit 
     or modify plans of adjustment jointly if they are affiliates.
       (i) Except as provided in subsection (j), this title shall 
     take effect on the date of the enactment of this Act.
       (j) This title shall apply with respect to--
       (1) cases commenced under this title on or after the date 
     of the enactment of this Act; and
       (2) debts, claims, and liens created before, on, or after 
     such date.

     SEC. 222. JURISDICTION.

       (a) The district courts shall have original and exclusive 
     jurisdiction of a case under this title.
       (b) Section 157 of title 28, United States Code, shall 
     apply to a case under this title.

     SEC. 223. VENUE.

       Venue shall be proper in--
       (1) with respect to a Territory, the district court for the 
     Territory or, for any territory that does not have a district 
     court, in the United States District Court for the District 
     of Hawaii; and
       (2) with respect to a municipality, the district court for 
     the Territory in which the municipality is located or, for 
     any territory that does not have a district court, in the 
     United States District Court for the District of Hawaii.

     SEC. 224. SELECTION OF PRESIDING JUDGE.

       (a) For cases in which the debtor is a Territory, the chief 
     judge of the court of appeals for the circuit embracing the 
     district in which the case is commenced shall designate a 
     bankruptcy judge to conduct the case.
       (b) For cases in which the debtor is not a Territory, and 
     the case has not been jointly filed with the case of a 
     Territory or there is no case in which the affiliate 
     Territory is a debtor, the chief judge of the court of 
     appeals for the circuit embracing the district in which the 
     case is commenced shall designate a bankruptcy judge to 
     conduct the case.
       (c) A bankruptcy judge designated under subsection (a) or 
     (b) shall be subject to the provisions of chapter 6 of title 
     28, United States Code.
       (d) Notwithstanding section 156, of title 28, United States 
     Code, the bankruptcy judge designated under subsection (a) or 
     (b) may appoint as many law clerks and additional judicial 
     assistants as the judge deems necessary to assist in 
     presiding over cases commenced under this title.

     SEC. 225. APPELLATE REVIEW.

       (a) Except as provided in subsection (b), subsections (a) 
     and (d) of section 158 of title 28, United States Code, shall 
     apply to a case under this title.
       (b) Only an order confirming a plan of adjustment or 
     dismissing a petition shall be considered final for purposes 
     of section 158(a) of title 28, United States Code.

     SEC. 226. APPLICABLE RULES OF PROCEDURE.

       For all cases brought under this title, the Federal Rules 
     of Bankruptcy Procedure shall apply.

     SEC. 227. SEVERABILITY.

       If any provision of this title or the application thereof 
     to any person or circumstance is held invalid, the remainder 
     of this title, or the application of that provision to 
     persons or circumstances other than those as to which it is 
     held invalid, is not affected thereby.

                          Subtitle D--The Plan

     SEC. 231. FILING OF PLAN OF ADJUSTMENT.

       The debtor shall file a plan for the adjustment of the 
     debtor's debts. If such a plan is not filed with the 
     petition, the debtor shall file such a plan at such later 
     time as the court fixes.

     SEC. 232. CONFIRMATION.

       (a) A special tax payer may object to confirmation of a 
     plan.
       (b) The court shall confirm the plan if--
       (1) the plan complies with the provisions of title 11, 
     United States Code, made applicable in a case under this 
     title by section 243(a);
       (2) the plan complies with the provisions of this title;
       (3) the debtor is not prohibited by law from taking any 
     action necessary to carry out the plan;

[[Page S4662]]

       (4) except to the extent that the holder of a particular 
     claim has agreed to a different treatment of such claim, the 
     plan provides that on the effective date of the plan each 
     holder of a claim of a kind specified in section 507(a)(2) of 
     title 11, United States Code, will receive on account of such 
     claim cash equal to the allowed amount of such claim;
       (5) any regulatory or electoral approval necessary under 
     applicable nonbankruptcy law in order to carry out any 
     provision of the plan has been obtained, or such provision is 
     expressly conditioned on such approval;
       (6) the plan is in the best interests of creditors and is 
     feasible;
       (7) the plan is consistent with the Fiscal Plan submitted 
     under title II;
       (8) the plan ensures that accrued pension liability in the 
     Commonwealth Employee Retirement System and Teacher 
     Retirement System shall be treated as senior, first priority 
     secured debt, senior to any existing senior secured debt by 
     statutory lien and notwithstanding any other provision of law 
     may be satisfied by payment from the general revenues of the 
     Commonwealth, provided that the maximum claim to be treated 
     as secured by this senior, first priority secured statutory 
     lien of an active annuitant shall be equal to the Pension 
     Benefit Guaranty Corporation maximum guarantee for 
     participants in a single-employer plan and that the maximum 
     claim to be treated as secured by this senior, first priority 
     secured statutory lien of an active or vested inactive 
     participant in said pension funds shall be equal to the full 
     benefit accrued by such active or inactive participant; and
       (9) feasible and equitable the plan does not unduly impair 
     the claims of holders of bonds that are--
       (A) general obligations of the Territory to which the 
     Territory pledged the full faith and credit and the taxing 
     power of the Territory; and
       (B) identified in an applicable nonbankruptcy law as having 
     a first claim on available Territory resources.

                   Subtitle E--Additional Provisions

     SEC. 241. COMPENSATION OF PROFESSIONALS.

       (a) After notice to the parties in interest and the United 
     States Trustee and a hearing, the court may award to a 
     professional person employed by the debtor, in the debtor's 
     sole discretion, or employed by a committee under section 
     1103 of title 11, United States Code--
       (1) reasonable compensation for actual, necessary services 
     rendered by the professional person, or attorney and by any 
     paraprofessional person employed by any such person; and
       (2) reimbursement for actual, necessary expenses.
       (b) The court may, on its own motion or on the motion of 
     any party in interest, award compensation that is less than 
     the amount of compensation that is requested.
       (c) In determining the amount of reasonable compensation to 
     be awarded to a professional person, the court shall consider 
     the nature, the extent, and the value of such services, 
     taking into account all relevant factors, including--
       (1) the time spent on such services;
       (2) the rates charged for such services;
       (3) whether the services were necessary to the 
     administration of, or beneficial at the time at which the 
     service was rendered toward the completion of, a case under 
     this title;
       (4) whether the services were performed within a reasonable 
     amount of time commensurate with the complexity, importance, 
     and nature of the problem, issue, or task addressed;
       (5) with respect to a professional person, whether the 
     person is board certified or otherwise has demonstrated skill 
     and experience in the restructuring field; and
       (6) whether the compensation is reasonable based on the 
     customary compensation charged by comparably skilled 
     practitioners in cases other than cases under this title or 
     title 11, United States Code.
       (d) The court shall not allow compensation for--
       (1) unnecessary duplication of services; or
       (2) services that were not--
       (A) reasonably likely to benefit the debtor; or
       (B) necessary to the administration of the case.
       (e) The court shall reduce the amount of compensation 
     awarded under this section by the amount of any interim 
     compensation awarded under section 242, and, if the amount of 
     such interim compensation exceeds the amount of compensation 
     awarded under this section, may order the return of the 
     excess to the debtor.
       (f) Any compensation awarded for the preparation of a fee 
     application shall be based on the level and skill reasonably 
     required to prepare the application.

     SEC. 242. INTERIM COMPENSATION.

       A debtor's attorney, or any professional person employed by 
     the debtor, in the debtor's sole discretion, or employed by a 
     committee under section 1103 of title 11, United States Code, 
     may apply to the court not more than once every 120 days 
     after an order for relief in a case under this title, or more 
     often if the court permits, for such compensation for 
     services rendered before the date of such an application or 
     reimbursement for expenses incurred before such date as is 
     provided under section 241. After notice and a hearing, the 
     court may allow to such applicant such compensation or 
     reimbursement.

     SEC. 243. APPLICABILITY OF OTHER SECTIONS.

       (a) Sections 101, 102, 104, 105, 106, 107, 108, 112, 333, 
     344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 
     364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 
     509, 510, 524(a)(l), 524(a)(2), 544, 545, 546, 547, 548, 
     549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 
     559, 560, 561, 562, 922, 923, 924, 925, 926, 927, 928, 929, 
     930, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1113, 
     1122, 1123(a)(l), 1123(a)(2), 1123(a)(3), 1123(a)(4), 
     1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 
     1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 
     1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 
     1129(b)(l), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 
     1144, and 1145 of title 11, United States Code, apply in a 
     case under this title.
       (b) A term used in a section of title 11, United States 
     Code, made applicable in a case under this title by 
     subsection (a) has the meaning defined for such term for the 
     purpose of such applicable section, unless such term is 
     otherwise defined in section 201.
       (c) A section made applicable in a case under this title by 
     subsection (a) that is operative if the business of the 
     debtor is authorized to be operated is operative in a case 
     under this title.
       (d) Solely for purposes of this title, a reference to 
     ``this title'', ``this chapter'', or words of similar import 
     in a section of title 11, United States Code, made applicable 
     in a case under this title by subsection (a) or to ``this 
     title'', ``title 11'', or words of similar import in a 
     section of title 28, United States Code, made applicable in a 
     case under this title by section 222 or 225 or in the Federal 
     Rules of Bankruptcy Procedure made applicable in a case under 
     this title by section 226 shall be deemed to be a reference 
     to this title.

              TITLE III--PUERTO RICO CHAPTER 9 UNIFORMITY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Puerto Rico Chapter 9 
     Uniformity Act of 2015''.

     SEC. 302. 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. 303. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

       (a) Effective Date.--Except as provided in subsection (b), 
     this Act and the amendment made by this Act shall take effect 
     on the date of the enactment of this Act.
       (b) Application of Amendment.--The amendment made by this 
     title shall apply with respect to--
       (1) cases commenced under title 11 of the United States 
     Code on or after the date of the enactment of this Act; and
       (2) debts, claims, and liens created before, on, or after 
     such date.

     SEC. 304. 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.
                                 ______
                                 
  SA 4883. Mr. MENENDEZ (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    DIVISION A--PUERTO RICO RECOVERY

     SECTION 1. SHORT TITLE.

       This division may be cited as ``Puerto Rico Recovery Act of 
     2016''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                        TITLE I--TAX PROVISIONS

Sec. 101. Puerto Rico residents eligible for earned income tax credit.
Sec. 102. Equitable treatment for residents of Puerto Rico with respect 
              to the refundable portion of the child tax credit.

                      TITLE II--HEALTH CARE PARITY

                          Subtitle A--Medicaid

Sec. 201. Elimination of general Medicaid funding limitations (``cap'') 
              for territories.
Sec. 202. Elimination of specific Federal medical assistance percentage 
              (FMAP) limitation for territories.
Sec. 203. Application of Medicaid waiver authority to all of the 
              territories.
Sec. 204. Application of 100 percent Federal poverty line (FPL) 
              limitation to territories.
Sec. 205. Permitting Medicaid DSH allotments for territories.

                          Subtitle B--Medicare

Sec. 211. Calculation of Medicare DSH payments for IPPS hospitals in 
              Puerto Rico.
Sec. 212. Application of part B deemed enrollment process to residents 
              of Puerto Rico; special enrollment period and limit on 
              late enrollment penalties.

[[Page S4663]]

Sec. 213. Puerto Rico practice expense GPCI improvement.
Sec. 214. Adjustment in benchmark for low base payment counties in 
              Puerto Rico.
Sec. 215. Eliminating exclusion of part D eligible individuals residing 
              in territories from eligibility for premium and cost-
              sharing subsidies.
Sec. 216. Report on treatment of territories under Medicare part D.

                       Subtitle C--Miscellaneous

Sec. 221. Report on exclusion of territories from Exchanges.

                        TITLE I--TAX PROVISIONS

     SEC. 101. 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 amendment made shall apply to 
     taxable years beginning after December 31, 2015.

     SEC. 102. 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 II--HEALTH CARE PARITY

                          Subtitle A--Medicaid

     SEC. 201. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS 
                   (``CAP'') FOR TERRITORIES.

       (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, the Virgin Islands of the United States, Guam, the 
     Northern Mariana Islands, and American Samoa.--Subsections 
     (f) and (g) shall not apply to Puerto Rico, the Virgin 
     Islands of the United States, Guam, the Northern Mariana 
     Islands, and American Samoa beginning with fiscal year 
     2017.''.
       (b) Conforming Amendments.--
       (1) Section 1902(j) of the Social Security Act (42 U.S.C. 
     1396a(j)) is amended by striking ``, the limitation in 
     section 1108(f),''.
       (2) Section 1903(u) of the Social Security Act (42 U.S.C. 
     1396b(u)) is amended by striking paragraph (4).
       (3) Section 1323(c)(1) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18043(c)(1)) is amended by 
     striking ``2019'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply beginning with fiscal year 2017.

     SEC. 202. ELIMINATION OF SPECIFIC FEDERAL MEDICAL ASSISTANCE 
                   PERCENTAGE (FMAP) LIMITATION FOR TERRITORIES.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in subsection (b)(2), by inserting ``for fiscal years 
     before fiscal year 2017'' after ``American Samoa''; 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, Puerto Rico, the Virgin Islands of the United 
     States, Guam, the Northern Mariana Islands, or American 
     Samoa,'' after ``the District of Columbia''.

     SEC. 203. APPLICATION OF MEDICAID WAIVER AUTHORITY TO ALL OF 
                   THE TERRITORIES.

       (a) In General.--Section 1902(j) of the Social Security Act 
     (42 U.S.C. 1396a(j)) is amended--
       (1) by striking ``American Samoa and the Northern Mariana 
     Islands'' and inserting ``Puerto Rico, the Virgin Islands of 
     the United States, Guam, the Northern Mariana Islands, and 
     American Samoa'';
       (2) by striking ``American Samoa or the Northern Mariana 
     Islands'' and inserting ``Puerto Rico, the Virgin Islands of 
     the United States, Guam, the Northern Mariana Islands, or 
     American Samoa'';
       (3) by inserting ``(1)'' after ``(j)'';
       (4) by inserting ``except as otherwise provided in this 
     subsection,'' after ``Notwithstanding any other requirement 
     of this title''; and
       (5) by adding at the end the following:
       ``(2) The Secretary may not waive under this subsection the 
     requirement of subsection (a)(10)(A)(i)(IX) (relating to 
     coverage of adults formerly under foster care) with respect 
     to any territory.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply beginning October 1, 2016.

     SEC. 204. APPLICATION OF 100 PERCENT FEDERAL POVERTY LINE 
                   (FPL) LIMITATION TO TERRITORIES.

       (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, the Virgin Islands of the United States, Guam, the 
     Northern Mariana Islands, and American Samoa)'' after ``133 
     percent''; and
       (2) in subsection (j), as amended by section 203, by adding 
     at the end the following new paragraph:
       ``(3)(A) Subject to subparagraph (B), Federal financial 
     participation shall not be available to Puerto Rico, the 
     Virgin Islands of the United States, Guam, the Northern 
     Mariana Islands, or American Samoa for medical assistance for 
     an individual whose family income exceeds 100 percent of the 
     official poverty line 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 paragraph (1) or section 
     1115, waive the limitation under subparagraph (A) in the case 
     of a territory other than Puerto Rico. In carrying out this 
     subparagraph, the Secretary shall take into account the 
     eligibility levels established under the State plan of the 
     territory involved 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 only apply to a State that is 
     one of the 50 States or the District of Columbia.''.
       (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. 205. PERMITTING MEDICAID DSH ALLOTMENTS FOR TERRITORIES.

       Section 1923(f) of the Social Security Act (42 U.S.C. 1396) 
     is amended--
       (1) in paragraph (6), by adding at the end the following 
     new subparagraph:
       ``(C) Territories.--
       ``(i) Fiscal year 2017.--For fiscal year 2017, with respect 
     to the territories of Puerto Rico, the Virgin Islands of the 
     United States, Guam, the Northern Mariana Islands, and 
     American Samoa, the DSH allotment determined for each such 
     territory shall bear the same ratio to $150,000,000 as the 
     ratio of the number of individuals who are low-income or 
     uninsured and residing in each such respective territory (as 
     estimated from time to time by the Secretary) bears to the 
     sums of the number of such individuals residing in all of the 
     territories.
       ``(ii) Subsequent fiscal year.--For each subsequent fiscal 
     year, the DSH allotment for each such territory is subject to 
     an increase or reduction in accordance with paragraphs (3) 
     and (7).'';
       (2) in paragraph (7)(A), by striking clause (iv) and 
     redesignating clause (v) as clause (iv); and
       (3) in paragraph (9), by inserting before the period at the 
     end the following: ``, and includes, beginning with fiscal 
     year 2017, Puerto Rico, the Virgin Islands of the United 
     States, Guam, the Northern Mariana Islands, and American 
     Samoa''.

                          Subtitle B--Medicare

     SEC. 211. CALCULATION OF MEDICARE DSH PAYMENTS FOR IPPS 
                   HOSPITALS IN PUERTO RICO.

       Section 1886(d)(9)(D)(iii) of the Social Security Act (42 
     U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as follows:
       ``(iii) Subparagraph (F) (relating to disproportionate 
     share payments), including application of subsection (r), 
     except that for this purpose--
       ``(I) the sum described in clause (ii) of this subparagraph 
     shall be substituted for the sum referred to in paragraph 
     (5)(F)(ii)(I); and
       ``(II) for discharges occurring on or after October 1, 
     2015, subclause (I) of paragraph (5)(F)(vi) shall be applied 
     by substituting for the numerator described in such subclause 
     the number of subsection (d) Puerto Rico hospital's patient 
     days for the cost reporting period involved which were made 
     up of patients who (for such days) were entitled to benefits 
     under part A of this title and were--
       ``(aa) entitled to supplementary security income benefits 
     (excluding any State supplementation) under title XVI of this 
     Act;
       ``(bb) eligible for medical assistance under a State plan 
     under title XIX; or
       ``(cc) receiving aid or assistance under any plan of the 
     State approved under title I, X, XIV, or XVI.''.

[[Page S4664]]

  


     SEC. 212. 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 
     2016 and not later than January 2017, 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. 213. 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 2016), 
     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. 214. ADJUSTMENT IN BENCHMARK FOR LOW BASE PAYMENT 
                   COUNTIES IN PUERTO RICO.

       Section 1853(n) of the Social Security Act (42 U.S.C. 
     1395w-23(n)) is amended--
       (1) in paragraph (1), by striking ``and (5)'' and inserting 
     ``, (5), and (6)'';
       (2) in paragraph (4), by striking ``In no case'' and 
     inserting ``Subject to paragraph (6), in no case''; and
       (3) by adding at the end the following new paragraph:
       ``(6) Special rules for blended benchmark amount for 
     territories.--
       ``(A) In general.--Subject to paragraph (2), the blended 
     benchmark amount for an area in a territory for a year 
     (beginning with 2016) shall not be less than 80 percent of 
     the national average of the base payment amounts specified in 
     subparagraph (2)(E) for such year for areas within the 50 
     States and the District of Columbia.
       ``(B) Limitation.--In no case shall the blended benchmark 
     amount for an area in a territory for a year under 
     subparagraph (A) exceed the lowest blended benchmark amount 
     for any area within the 50 States and the District of 
     Columbia for such year.''.

     SEC. 215. ELIMINATING EXCLUSION OF PART D ELIGIBLE 
                   INDIVIDUALS RESIDING IN TERRITORIES FROM 
                   ELIGIBILITY FOR PREMIUM AND COST-SHARING 
                   SUBSIDIES.

       (a) In General.--Section 1860D-14(a)(3) of the Social 
     Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subject to subparagraph (F),'';
       (2) in subparagraph (B)(v), in the matter preceding 
     subclause (I), by striking ``Subject to subparagraph (F), the 
     Secretary'' and inserting ``The Secretary'';
       (3) in subparagraph (C), by adding at the end the following 
     new sentence: ``In the case of an individual who is not a 
     resident of the 50 States or the District of Columbia, the 
     poverty line (as such term is defined in clause (ii)) that 
     shall apply to such individual shall be the poverty line for 
     the 48 contiguous States and the District of Columbia.''; and
       (4) by striking subparagraph (F).
       (b) Application of Medicaid Provisions.--Section 1935 of 
     the Social Security Act (42 U.S.C. 1396u-5) is amended--
       (1) in subsection (a), by striking ``subject to subsection 
     (e)'' in the matter preceding paragraph (1); and
       (2) by striking subsection (e).
       (c) Conforming Amendment.--Section 1108(f) of the Social 
     Security Act (42 U.S.C. 1308(f)) is amended by striking ``and 
     section 1935(e)(1)(B)'' in the matter preceding clause (i).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2017.

     SEC. 216. REPORT ON TREATMENT OF TERRITORIES UNDER MEDICARE 
                   PART D.

       Paragraph (4) of section 1935(e) of the Social Security Act 
     (42 U.S.C. 1396u-5(e)) is amended to read as follows:
       ``(4) Report on application of subsection.--
       ``(A) In general.--Not later than May 1, 2018, the 
     Secretary shall submit to Congress a report on the 
     application of this subsection during the period beginning 
     with fiscal year 2006 and ending with December 31, 2017.
       ``(B) Information to be included in report.--Such report 
     shall include--
       ``(i) program guidance issued by the Secretary to implement 
     this subsection;
       ``(ii) for each of Puerto Rico, the Virgin Islands of the 
     United States, Guam, the Northern Mariana Islands, and 
     American Samoa, information on the increased amount under 
     paragraph (3) and how the territory has applied such amount, 
     including the territory's program design, expenditures, and 
     number of individuals (and dual-eligible individuals) 
     assisted; and
       ``(iii) a description of the differences between how such 
     territories are treated under part D of title XVIII and under 
     this title compared with the treatment of the 50 States and 
     the District of Columbia under such part and this title for 
     different fiscal years within the period covered under the 
     report.
       ``(C) Recommendations.--Such report shall include 
     recommendations for improving prescription drug coverage for 
     low-income individuals in each territory identified in 
     subparagraph (B)(ii), including recommendations regarding 
     each of the following alternative approaches:
       ``(i) Adjusting the aggregate amount specified in paragraph 
     (3)(B).
       ``(ii) Allowing residents of the territories to be subsidy 
     eligible individuals under section 1860D-14, notwithstanding 
     subsection (a)(3)(F) of such section, or providing 
     substantially equivalent low-income prescription drug 
     subsidies to such residents.''.

                       Subtitle C--Miscellaneous

     SEC. 221. REPORT ON EXCLUSION OF TERRITORIES FROM EXCHANGES.

       (a) In General.--Not later than February 1, 2018, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report that details the adverse impacts in each 
     territory from the practical exclusion of the territories 
     from the provisions of part II of subtitle D of title I of 
     the Patient Protection and Affordable Care Act insofar as 
     such provisions provide for the establishment of an American 
     Health Benefit Exchange or the administration of a federally 
     facilitated Exchange in each State and in the District of 
     Columbia for the purpose of making health insurance more 
     affordable and accessible for individuals and small 
     businesses.
       (b) Information in Report.--The report shall include 
     information on the following:

[[Page S4665]]

       (1) An estimate of the total number of uninsured and 
     underinsured individuals residing in each territory with 
     respect to health insurance coverage.
       (2) A description of the number of health insurance issuers 
     in each territory and the health insurance plans these 
     issuers offer.
       (3) An estimate of the number of individuals residing in 
     each territory who are denied premium and cost-sharing 
     assistance that would otherwise be available to them for 
     obtaining health insurance coverage through an Exchange if 
     they resided in one of the 50 States or in the District of 
     Columbia.
       (4) An estimate of the amount of Federal assistance 
     described in paragraph (3) that is not being made available 
     to residents of each territory.
       (5) An estimate of the number of small employers in each 
     territory that would be eligible to purchase health insurance 
     coverage through a Small Business Health Options Program 
     (SHOP) Marketplace that would operate as part of an Exchange 
     if the employers were in one of the 50 States or in the 
     District of Columbia.
                                 ______
                                 
  SA 4884. Mr. MENENDEZ (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 95 strike line 13 and all that follows 
     through page 97, line 17, and insert the following:

     SEC. 403. APPLICATION OF REGULATION TO PUERTO RICO.

       It is the sense of Congress
                                 ______
                                 
  SA 4885. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 73, line 22, insert ``1113,'' after ``1111(b),''.
                                 ______
                                 
  SA 4886. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 91, between lines 17 and 18, insert the following:
       (c) Certification.--The Oversight Board may not take any 
     action described in subsection (a) unless the Governor 
     submits to the Oversight Board a certification that the 
     Governor has determined that such action is necessary to 
     prosecute the case of the debtor.
                                 ______
                                 
  SA 4887. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 87, between lines 17 and 18, insert the following:
       (c) A district court judge designated to conduct a case 
     under subsection (a) may certify to a bankruptcy court any 
     question of law related to the case.
                                 ______
                                 
  SA 4888. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of section 308, add the following:
       (c) Notwithstanding any other provision of law, the race, 
     sex, national origin, or religion of a district court judge 
     designated to conduct a case under this section may not serve 
     as the sole basis for requiring the recusal of that district 
     court judge.
                                 ______
                                 
  SA 4889. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 88, strike line 20 and all that follows 
     through page 89, line 2, and insert the following:
     time set by the court.
       (c) Vote.--An affirmative vote of 5 of the members of the 
     Oversight Board shall be required to file a plan of 
     adjustment under this section.

     SEC. 313. MODIFICATION OF PLAN.

       The Oversight Board, after the issuance of a certification 
     pursuant to section 104(j) of this Act, may, upon an 
     affirmative vote of 5 of the members of the Oversight Board, 
     modify the plan at any time before confirmation, but may not 
     modify the plan so that the plan as modified fails to meet 
     the requirements of this title. After the Oversight Board 
     files a modification, the plan as modified becomes the plan.
                                 ______
                                 
  SA 4890. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 206, strike subsection (b) and insert the 
     following:
       (b) Issuance of Restructuring Certification.--The Oversight 
     Board shall issue a restructuring certification for an entity 
     only after the Oversight Board determines that the 
     requirements of subsection (a) have been met with respect to 
     the entity, which shall satisfy the requirement established 
     under section 302(2).
                                 ______
                                 
  SA 4891. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 39, strike line 19 and all that follows 
     through page 40, line 9, and insert the following:

     the Oversight Board deems necessary; and
       (M) ensure that assets, funds, or resources of a 
     territorial instrumentality are not loaned to, transferred 
     to, or otherwise used for the benefit of a covered territory 
     or another covered territorial instrumentality of a covered 
     territory, unless permitted by the constitution of the 
     territory, an approved plan of adjustment under title III, or 
     a Qualifying Modification approved under title VI.
                                 ______
                                 
  SA 4892. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 38, strike lines 21 and 22 and insert the 
     following:
       (B) ensure the funding of essential public services at a 
     level that increases the safety, health, and standard of 
     living of the covered territory;
                                 ______
                                 
  SA 4893. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 40, strike line 9 and insert the following:

     Act; and
       (O) reduce factors that lead to economic migration out of 
     the covered territory.
                                 ______
                                 
  SA 4894. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 38, lines 23 and 24, strike ``for public pension 
     systems'' and insert ``to eliminate funding deficits for 
     current and future public pension obligations''.
                                 ______
                                 
  SA 4895. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 38, strike lines 23 and 24 and insert the 
     following:
       (C) provide funding for public pension systems at a level 
     necessary to prevent an increase in poverty among current and 
     future senior citizen retirees in the covered territory;
                                 ______
                                 
  SA 4896. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 71, strike line 19 and all that follows 
     page 72, line 21.
                                 ______
                                 
  SA 4897. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 101, strike subsection (e) and insert the 
     following:
       (e) Membership.--
       (1) Number; categories.--
       (A) Number of members.--The Oversight Board shall consist 
     of 9 members appointed by the President who meet the 
     qualifications described in subsection (f) and section 
     109(a).

[[Page S4666]]

       (B) Categories.--The Board shall be comprised of--
       (i) 1 Category A member;
       (ii) 1 Category B member;
       (iii) 2 Category C members;
       (iv) 1 Category D member;
       (v) 1 Category E member;
       (vi) 2 Category F members; and
       (vii) 1 Category G member.
       (2) Appointed members.--
       (A) Appointment.--The President shall appoint the 
     individual members of the Oversight Board, of which--
       (i) the Category A member should be selected from a list of 
     individuals submitted by the Speaker of the House of 
     Representatives;
       (ii) the Category B member should be selected from a 
     separate list of individuals submitted by the Speaker of the 
     House of Representatives;
       (iii) the Category C members should be selected from a list 
     submitted by the majority leader of the Senate;
       (iv) the Category D member should be selected from a list 
     submitted by the minority leader of the House of 
     Representatives;
       (v) the Category E member should be selected from a list 
     submitted by the minority leader of the Senate;
       (vi) the Category F members should be selected from a list 
     submitted by the Governor and approved by the Legislature; 
     and
       (vii) the Category G member may be selected in the sole 
     discretion of the President.
       (B) Submission of list.--After the selection of the 
     Category G Board member by the President under subparagraph 
     (A)(vii), for purposes of subparagraph (A) and within a 
     timely manner--
       (i) the Speaker of the House of Representatives shall 
     submit to the President 2 nonoverlapping lists of at least 3 
     individuals, of which 1 list shall include 3 individuals 
     who--

       (I) maintain a primary residence in the territory; or
       (II) have a primary place of business in the territory;

       (ii) the majority leader of the Senate shall submit to the 
     President a list of at least 4 individuals;
       (iii) the minority leader of the House of Representatives 
     shall submit to the President a list of at least 3 
     individuals;
       (iv) the minority leader of the Senate shall submit to the 
     President a list of at least 3 individuals; and
       (v) the Governor shall submit to the President a list of at 
     least 4 individuals.
       (C) Additional names.--If the President does not select any 
     of the individuals from a list submitted under subparagraph 
     (B), the official that submitted the list may supplement the 
     lists submitted under that subparagraph with the names of 
     additional individuals.
       (D) Requirement for category a member.--The Category A 
     member shall--
       (i) maintain a primary residence in the territory; or
       (ii) have a primary place of business in the territory.
       (E) Senate confirmation.--With respect to the appointment 
     of an Oversight Board member in Category A, B, C, D, E, or 
     F--
       (i) the appointment shall be by and with the advice and 
     consent of the Senate; or
       (ii) if the President appoints an individual from a list of 
     individuals in accordance with this subsection, no Senate 
     confirmation shall be required.
       (F) Vacancy.--In the event of a vacancy of a Category A, B, 
     C, D, E, or F Oversight Board member, the official 
     responsible for submitting a list of individuals for that 
     category under subparagraph (B) shall submit a list in 
     accordance with this subsection within a timely manner of the 
     date on which resignation or removal of the Oversight Board 
     member becomes effective.
       (G) Deadline for puerto rico.--With respect to an Oversight 
     Board for Puerto Rico, if any of the 9 members have not been 
     appointed by September 30, 2016, the President shall appoint 
     an individual from the list for the vacant category by 
     December 1, 2016, if the list includes at least 2 individuals 
     per vacancy who--
       (i) meet the requirements under subsection (f) and section 
     109; and
       (ii) are willing to serve.
                                 ______
                                 
  SA 4898. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 101, strike subsection (f) and insert the 
     following:
       (f) Eligibility for Appointments.--An individual is 
     eligible for appointment as a member of the Oversight Board 
     only if the individual--
       (1) maintains a primary residence in the territory;
       (2) has knowledge and expertise in finance, municipal bond 
     markets, management, law, or the organization or operation of 
     business or government; and
       (3) prior to appointment, is not an officer, elected 
     official, or employee of the territorial government, a 
     candidate for elected office of the territorial government, 
     or a former elected official of the territorial government.
                                 ______
                                 
  SA 4899. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 18, strike lines 15 through 20 and insert 
     the following:
     nization or operation of business or government;
       (2) prior to appointment, an individual is not an officer, 
     elected official, or employee of the territorial government, 
     a candidate for elected office of the territorial government, 
     or a former elected official of the territorial government; 
     and
       (3) maintains a primary residence in the applicable covered 
     territory if the Oversight Board contains more than 3 members 
     who do not maintain a primary residence in the applicable 
     covered territory.
                                 ______
                                 
  SA 4900. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 27, strike lines 11 through 19.
                                 ______
                                 
  SA 4901. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 37, strike line 16 and all that follows 
     through page 43, line 12, and insert the following:

     SEC. 201. DEVELOPMENT AND APPROVAL OF FISCAL PLANS.

       (a) In General.--Not later than the date that is 60 days 
     before the date on which the Governor of an applicable 
     covered territory is required under applicable law to submit 
     to the legislature of the applicable covered territory a 
     proposed budget for the upcoming fiscal year, the Governor, 
     in consultation with the Chief Financial Officer, shall 
     develop and submit to the Board and applicable territorial 
     government a Fiscal Plan for the applicable territorial 
     government in accordance with this section.
       (b) Initial Fiscal Plan.--The Governor of an applicable 
     covered territory in consultation with the Chief Financial 
     Officer shall develop an initial Fiscal Plan in accordance 
     with subsection (a) within 90 days of the Governor of the 
     applicable covered territory signing a resolution adopted by 
     the legislature of the territory to request the establishment 
     of a Fiscal Stability and Reform Board under this subtitle, 
     or not later than the date that is 60 days before the date on 
     which the Governor of the applicable covered territory is 
     required under applicable law to submit to the legislature of 
     the applicable covered territory a proposed budget for the 
     upcoming fiscal year, whichever comes chronologically first.
       (c) Requirements.--
       (1) In general.--A Fiscal Plan shall, to the maximum extent 
     practicable, with respect to the applicable territorial 
     government--
       (A) provide for estimates of revenues and expenditures in 
     accordance with modified accrual accounting standards and 
     based on--
       (i) applicable laws; or
       (ii) specific laws that require enactment in order to 
     reasonably achieve the projections of the Fiscal Plan;
       (B) ensure the funding of essential public services;
       (C) provide full funding to cover all existing public 
     pension obligations;
       (D) provide for the elimination of budget gaps in 
     financing;
       (E) provide for a reduction in the debt burden to a level 
     that is sustainable;
       (F) improve fiscal governance;
       (G) enable the achievement of fiscal targets;
       (H) create independent forecasts of revenue for the period 
     covered by the Fiscal Plan; and
       (I) not impede investments to promote sustained economic 
     growth.
       (2) Term.--A Fiscal Plan shall be in effect for a period of 
     not less than 5 years.
       (3) Transparency.--A Fiscal Plan shall be made publicly 
     available no less than 15 days after final approval as 
     specified within subsection (d).
       (d) Approval by Board.--
       (1) Requirement.--The Governor of a covered territory shall 
     not submit to the legislature of the applicable covered 
     territory an annual budget for a fiscal year unless the 
     Fiscal Plan has been approved for that fiscal year in 
     accordance with this subsection.
       (2) Approval.--Not later than the date that is 15 days 
     after the date on which the Governor submits a Fiscal Plan to 
     the Board under subsection (a), the Board shall--
       (A) certify the Fiscal Plan; or
       (B) fail to certify the Fiscal Plan and provide to the 
     Governor recommendations for revisions to the Fiscal Plan.
       (3) Revised fiscal plan.--
       (A) In general.--Not later than the date that is 15 days 
     after the date on which the Board submits recommendations to 
     the Governor under paragraph (2)(B), the Governor shall 
     submit to the Board a revised Fiscal Plan.
       (B) Approval; disapproval.--Not later than the date that is 
     7 days after the date on

[[Page S4667]]

     which the Governor submits to the Board a revised Fiscal Plan 
     under subparagraph (A), the Board shall--
       (i) certify the revised Fiscal Plan; or
       (ii) disapprove the revised Fiscal Plan.
       (4) Development by board.--If the Governor of a covered 
     territory fails to submit to the Board a revised Fiscal Plan 
     on or before the date specified in paragraph (3)(A), the 
     Board shall develop and submit to the Governor a final 
     revised Fiscal Plan not later than the date that is 22 days 
     after the date on which recommendations are provided to the 
     Governor under paragraph (2)(B).
                                 ______
                                 
  SA 4902. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 43, strike line 13 and all that follows 
     through page 50, line 6, and insert the following:

     SEC. 202. REVIEW OF BUDGETS.

       (a) Budget Proposed by Governor.--
       (1) Submission to board.--The Governor of the applicable 
     covered territory shall submit to the Board for review a 
     proposed budget for each fiscal year by not later than the 
     earlier of--
       (A) the date that is 120 days before the first day of the 
     fiscal year covered by the proposed budget; and
       (B) the date that is 60 days before the date by which the 
     Governor is required under applicable law to submit to the 
     legislature of the applicable covered territory a proposed 
     budget for the applicable fiscal year.
       (2) Determination of compliant budget.--Not later than the 
     date that is 15 days after the date on which a Board receives 
     a proposed budget under paragraph (1), the Board shall--
       (A) determine whether the proposed budget is a compliant 
     budget; and
       (B)(i) if the proposed budget is a compliant budget--
       (I) approve the compliant budget; and
       (II) submit the compliant budget to the legislature of the 
     applicable covered territory; or
       (ii) if the proposed budget is not a compliant budget, 
     provide to the Governor of the applicable covered territory--
       (I) a notice of violation that includes a description of 
     any corrective action suggested by the Board; and
       (II) an opportunity to correct the violation by requiring 
     the Governor to submit to the Board a revised budget by not 
     later than the date that is 15 days after the date on which 
     the notice of violation under subclause (I) is provided.
       (3) Revised budgets.--Not later than the date that is 7 
     days after the date on which the Board receives a revised 
     budget under paragraph (2)(B)(ii)(II), the Board shall--
       (A) determine whether the revised budget is a compliant 
     budget; and
       (B)(i) if the revised budget is a compliant budget--
       (I) approve the compliant budget; and
       (II) submit the compliant budget to the legislature of the 
     applicable covered territory; or
       (ii) if the revised budget is not a compliant budget--
       (I) issue a notice of noncompliance;
       (II) publicly submit recommendations of the Board for 
     adjustments that should be made to ensure the adopted budget 
     of the territorial government for the applicable fiscal year 
     is a compliant budget;
       (III) submit the noncompliant budget to the legislature of 
     the applicable covered territory with recommendations of the 
     Board for adjustments that should be made to ensure the 
     adopted budget of the territorial government for the 
     applicable fiscal year is a complaint budget; and
       (IV) issue a directive that the legislature shall strive to 
     adopt the Board's recommendations in the budget of the 
     territorial government for the applicable fiscal year.
       (b) Budget Approval by Legislature.--
       (1) In general.--The legislature of the applicable covered 
     territory shall submit to the Board the budget adopted by the 
     legislature not later than--
       (A) the date that is 30 days before the first day of each 
     applicable fiscal year; or
       (B) the date previously approved in writing by the Board 
     not to exceed 60 days after the first day of the applicable 
     fiscal year, if a date was approved in writing.
       (2) Determination by board.--Not later than the date that 
     is 7 days after the date on which the Board receives an 
     adopted budget submitted under paragraph (1), the Board 
     shall--
       (A) determine whether the adopted budget is a compliant 
     budget; and
       (B)(i) if the adopted budget is a compliant budget, issue a 
     compliance certification for the compliant budget; or
       (ii) if the budget is not a compliant budget--
       (I) issue a certificate of noncompliance;
       (II) publicly submit recommendations of the Board for 
     adjustments that should be made to the budget of the 
     territorial government for the upcoming fiscal year to ensure 
     the revenues and expenditures are consistent with the Fiscal 
     Plan;
       (III) provide to the Governor and legislature of the 
     applicable covered territory a certificate of noncompliance 
     that includes a description of any recommendations of the 
     Board for adjustments that should be made to the budget of 
     the territorial government for the upcoming fiscal year to 
     ensure the revenues and expenditures are consistent with the 
     Fiscal Plan; and
       (IV) issue a directive that the Governor and the 
     legislature shall strive to adopt the Board's recommendations 
     in the budget of the territorial government for the upcoming 
     fiscal year.
                                 ______
                                 
  SA 4903. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 37, strike 16 and all that follows 
     through page 63, line 5.

     SEC. 201. DEVELOPMENT AND APPROVAL OF FISCAL PLANS.

       (a) In General.--Not later than the date that is 60 days 
     before the date on which the Governor of an applicable 
     covered territory is required under applicable law to submit 
     to the legislature of the applicable covered territory a 
     proposed budget for the upcoming fiscal year, the Governor, 
     in consultation with the Chief Financial Officer, shall 
     develop and submit to the Board and applicable territorial 
     government a Fiscal Plan for the applicable territorial 
     government in accordance with this section.
       (b) Initial Fiscal Plan.--The Governor of an applicable 
     covered territory in consultation with the Chief Financial 
     Officer shall develop an initial Fiscal Plan in accordance 
     with subsection (a) within 90 days of the Governor of the 
     applicable covered territory signing a resolution adopted by 
     the legislature of the territory to request the establishment 
     of a Fiscal Stability and Reform Board under this subtitle, 
     or not later than the date that is 60 days before the date on 
     which the Governor of the applicable covered territory is 
     required under applicable law to submit to the legislature of 
     the applicable covered territory a proposed budget for the 
     upcoming fiscal year, whichever comes chronologically first.
       (c) Requirements.--
       (1) In general.--A Fiscal Plan shall, to the maximum extent 
     practicable, with respect to the applicable territorial 
     government--
       (A) provide for estimates of revenues and expenditures in 
     accordance with modified accrual accounting standards and 
     based on--
       (i) applicable laws; or
       (ii) specific laws that require enactment in order to 
     reasonably achieve the projections of the Fiscal Plan;
       (B) ensure the funding of essential public services;
       (C) provide full funding to cover all existing public 
     pension obligations;
       (D) provide for the elimination of budget gaps in 
     financing;
       (E) provide for a reduction in the debt burden to a level 
     that is sustainable;
       (F) improve fiscal governance;
       (G) enable the achievement of fiscal targets;
       (H) create independent forecasts of revenue for the period 
     covered by the Fiscal Plan; and
       (I) not impede investments to promote sustained economic 
     growth.
       (2) Term.--A Fiscal Plan shall be in effect for a period of 
     not less than 5 years.
       (3) Transparency.--A Fiscal Plan shall be made publicly 
     available no less than 15 days after final approval as 
     specified within subsection (d).
       (d) Approval by Board.--
       (1) Requirement.--The Governor of a covered territory shall 
     not submit to the legislature of the applicable covered 
     territory an annual budget for a fiscal year unless the 
     Fiscal Plan has been approved for that fiscal year in 
     accordance with this subsection.
       (2) Approval.--Not later than the date that is 15 days 
     after the date on which the Governor submits a Fiscal Plan to 
     the Board under subsection (a), the Board shall--
       (A) certify the Fiscal Plan; or
       (B) fail to certify the Fiscal Plan and provide to the 
     Governor recommendations for revisions to the Fiscal Plan.
       (3) Revised fiscal plan.--
       (A) In general.--Not later than the date that is 15 days 
     after the date on which the Board submits recommendations to 
     the Governor under paragraph (2)(B), the Governor shall 
     submit to the Board a revised Fiscal Plan.
       (B) Approval; disapproval.--Not later than the date that is 
     7 days after the date on which the Governor submits to the 
     Board a revised Fiscal Plan under subparagraph (A), the Board 
     shall--
       (i) certify the revised Fiscal Plan; or
       (ii) disapprove the revised Fiscal Plan.
       (4) Development by board.--If the Governor of a covered 
     territory fails to submit to the Board a revised Fiscal Plan 
     on or before the date specified in paragraph (3)(A), the 
     Board shall develop and submit to the Governor a final 
     revised Fiscal Plan not later than the date that is 22 days 
     after the date on which recommendations are provided to the 
     Governor under paragraph (2)(B).

     SEC. 202. REVIEW OF BUDGETS.

       (a) Budget Proposed by Governor.--
       (1) Submission to board.--The Governor of the applicable 
     covered territory shall submit to the Board for review a 
     proposed budget for each fiscal year by not later than the 
     earlier of--

[[Page S4668]]

       (A) the date that is 120 days before the first day of the 
     fiscal year covered by the proposed budget; and
       (B) the date that is 60 days before the date by which the 
     Governor is required under applicable law to submit to the 
     legislature of the applicable covered territory a proposed 
     budget for the applicable fiscal year.
       (2) Determination of compliant budget.--Not later than the 
     date that is 15 days after the date on which a Board receives 
     a proposed budget under paragraph (1), the Board shall--
       (A) determine whether the proposed budget is a compliant 
     budget; and
       (B)(i) if the proposed budget is a compliant budget--
       (I) approve the compliant budget; and
       (II) submit the compliant budget to the legislature of the 
     applicable covered territory; or
       (ii) if the proposed budget is not a compliant budget, 
     provide to the Governor of the applicable covered territory--
       (I) a notice of violation that includes a description of 
     any corrective action suggested by the Board; and
       (II) an opportunity to correct the violation by requiring 
     the Governor to submit to the Board a revised budget by not 
     later than the date that is 15 days after the date on which 
     the notice of violation under subclause (I) is provided.
       (3) Revised budgets.--Not later than the date that is 7 
     days after the date on which the Board receives a revised 
     budget under paragraph (2)(B)(ii)(II), the Board shall--
       (A) determine whether the revised budget is a compliant 
     budget; and
       (B)(i) if the revised budget is a compliant budget--
       (I) approve the compliant budget; and
       (II) submit the compliant budget to the legislature of the 
     applicable covered territory; or
       (ii) if the revised budget is not a compliant budget--
       (I) issue a notice of noncompliance;
       (II) publicly submit recommendations of the Board for 
     adjustments that should be made to ensure the adopted budget 
     of the territorial government for the applicable fiscal year 
     is a compliant budget;
       (III) submit the noncompliant budget to the legislature of 
     the applicable covered territory with recommendations of the 
     Board for adjustments that should be made to ensure the 
     adopted budget of the territorial government for the 
     applicable fiscal year is a complaint budget; and
       (IV) issue a directive that the legislature shall strive to 
     adopt the Board's recommendations in the budget of the 
     territorial government for the applicable fiscal year.
       (b) Budget Approval by Legislature.--
       (1) In general.--The legislature of the applicable covered 
     territory shall submit to the Board the budget adopted by the 
     legislature not later than--
       (A) the date that is 30 days before the first day of each 
     applicable fiscal year; or
       (B) the date previously approved in writing by the Board 
     not to exceed 60 days after the first day of the applicable 
     fiscal year, if a date was approved in writing.
       (2) Determination by board.--Not later than the date that 
     is 7 days after the date on which the Board receives an 
     adopted budget submitted under paragraph (1), the Board 
     shall--
       (A) determine whether the adopted budget is a compliant 
     budget; and
       (B)(i) if the adopted budget is a compliant budget, issue a 
     compliance certification for the compliant budget; or
       (ii) if the budget is not a compliant budget--
       (I) issue a certificate of noncompliance;
       (II) publicly submit recommendations of the Board for 
     adjustments that should be made to the budget of the 
     territorial government for the upcoming fiscal year to ensure 
     the revenues and expenditures are consistent with the Fiscal 
     Plan;
       (III) provide to the Governor and legislature of the 
     applicable covered territory a certificate of noncompliance 
     that includes a description of any recommendations of the 
     Board for adjustments that should be made to the budget of 
     the territorial government for the upcoming fiscal year to 
     ensure the revenues and expenditures are consistent with the 
     Fiscal Plan; and
       (IV) issue a directive that the Governor and the 
     legislature shall strive to adopt the Board's recommendations 
     in the budget of the territorial government for the upcoming 
     fiscal year.

       On page 66, strike lines 1 through 12.
                                 ______
                                 
  SA 4904. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 53, line 3, insert ``, if not fewer than 5 of the 
     members of the Oversight Board certify that any corrective 
     action would not affect funding of essential public services 
     or public pension systems'' after ``shall''.
                                 ______
                                 
  SA 4905. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 39, beginning with line 15, strike through line 17.
                                 ______
                                 
  SA 4906. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 68, line 20, insert ``including recommendations on 
     changes to the treatment of Puerto Ricans under the Internal 
     Revenue Code of 1986 and Federal health policies,'' after 
     ``laws,''.
                                 ______
                                 
  SA 4907. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 136, strike lines 5 through 18.
                                 ______
                                 
  SA 4908. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 414. REPRESENTATION IN THE HOUSE OF REPRESENTATIVES.

       Notwithstanding any other provision of law, during any 
     period in which there is an Oversight Board in effect for 
     Puerto Rico under this Act, the Resident Commissioner of 
     Puerto Rico shall have a vote in the House of 
     Representatives.
                                 ______
                                 
  SA 4909. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 86, strike line 19 and all that follows 
     through page 87, line 6.
                                 ______
                                 
  SA 4910. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike section 209 and insert the following:

     SEC. 209. TERMINATION OF BOARD.

       A Board shall terminate on certification by the Board 
     that--
       (1) the Board has been in operation for not less than 3 
     years and the applicable territorial government has adequate 
     access, on an unsecured basis, to short-term and long-term 
     credit markets at reasonable interest rates to meet the 
     borrowing needs of the territorial government using a 
     compliant budget; or
       (2) for not less than 3 consecutive fiscal years prior to 
     the certification, the expenditures made by the applicable 
     territorial government for each fiscal year did not exceed 
     the revenues of the territorial government during that fiscal 
     year, using a compliant budget.
                                 ______
                                 
  SA 4911. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 101(b), strike paragraph (1) and insert the 
     following:
       (1) Puerto rico.--Subject to the legislature of Puerto Rico 
     adopting a resolution approving the establishment of a 
     Financial Oversight and Management Board for Puerto Rico, a 
     Financial Oversight and Management Board is established for 
     Puerto Rico.
       In section 101, strike subsection (e) and insert the 
     following:
       (e) Membership.--
       (1) Number; categories.--
       (A) Number of members.--The Oversight Board shall consist 
     of 9 members appointed by the President who meet the 
     qualifications described in subsection (f) and section 
     109(a).
       (B) Categories.--The Board shall be comprised of--
       (i) 1 Category A member;
       (ii) 1 Category B member;
       (iii) 2 Category C members;
       (iv) 1 Category D member;
       (v) 1 Category E member;
       (vi) 2 Category F members; and
       (vii) 1 Category G member.
       (2) Appointed members.--
       (A) Appointment.--The President shall appoint the 
     individual members of the Oversight Board, of which--
       (i) the Category A member should be selected from a list of 
     individuals submitted by the Speaker of the House of 
     Representatives;
       (ii) the Category B member should be selected from a 
     separate list of individuals submitted by the Speaker of the 
     House of Representatives;

[[Page S4669]]

       (iii) the Category C members should be selected from a list 
     submitted by the majority leader of the Senate;
       (iv) the Category D member should be selected from a list 
     submitted by the minority leader of the House of 
     Representatives;
       (v) the Category E member should be selected from a list 
     submitted by the minority leader of the Senate;
       (vi) the Category F members should be selected from a list 
     submitted by the Governor and approved by the Legislature; 
     and
       (vii) the Category G member may be selected in the sole 
     discretion of the President.
       (B) Submission of list.--After the selection of the 
     Category G Board member by the President under subparagraph 
     (A)(vii), for purposes of subparagraph (A) and within a 
     timely manner--
       (i) the Speaker of the House of Representatives shall 
     submit to the President 2 nonoverlapping lists of at least 3 
     individuals, of which 1 list shall include 3 individuals 
     who--

       (I) maintain a primary residence in the territory; or
       (II) have a primary place of business in the territory;

       (ii) the majority leader of the Senate shall submit to the 
     President a list of at least 4 individuals;
       (iii) the minority leader of the House of Representatives 
     shall submit to the President a list of at least 3 
     individuals;
       (iv) the minority leader of the Senate shall submit to the 
     President a list of at least 3 individuals; and
       (v) the Governor shall submit to the President a list of at 
     least 4 individuals.
       (C) Additional names.--If the President does not select any 
     of the individuals from a list submitted under subparagraph 
     (B), the official that submitted the list may supplement the 
     lists submitted under that subparagraph with the names of 
     additional individuals.
       (D) Requirement for category a member.--The Category A 
     member shall--
       (i) maintain a primary residence in the territory; or
       (ii) have a primary place of business in the territory.
       (E) Senate confirmation.--With respect to the appointment 
     of an Oversight Board member in Category A, B, C, D, E, or 
     F--
       (i) the appointment shall be by and with the advice and 
     consent of the Senate; or
       (ii) if the President appoints an individual from a list of 
     individuals in accordance with this subsection, no Senate 
     confirmation shall be required.
       (F) Vacancy.--In the event of a vacancy of a Category A, B, 
     C, D, E, or F Oversight Board member, the official 
     responsible for submitting a list of individuals for that 
     category under subparagraph (B) shall submit a list in 
     accordance with this subsection within a timely manner of the 
     date on which resignation or removal of the Oversight Board 
     member becomes effective.
       (G) Deadline for puerto rico.--With respect to an Oversight 
     Board for Puerto Rico, if any of the 9 members have not been 
     appointed by September 30, 2016, the President shall appoint 
     an individual from the list for the vacant category by 
     December 1, 2016, if the list includes at least 2 individuals 
     per vacancy who--
       (i) meet the requirements under subsection (f) and section 
     109; and
       (ii) are willing to serve.
       In section 201(b)(1)(C), strike ``adequate'' and insert 
     ``full''.
       In section 206, strike subsection (b) and insert the 
     following:
       (b) Issuance of Restructuring Certification.--The Oversight 
     Board shall issue a restructuring certification for an entity 
     only after the Oversight Board determines that the 
     requirements of subsection (a) have been met with respect to 
     the entity, which shall satisfy the requirement established 
     under section 302(2).
       Strike sections 403 and 404.
                                 ______
                                 
  SA 4912. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 38, strike line 24 and insert the following:
     pension systems, and in so doing, treat participant 
     contributions to any trust administered by the territory or 
     any instrumentality thereof as the property of the 
     contributor and ensure that funding is pledged for each 
     fiscal year sufficient to satisfy the lawful claims of 
     participants to their contributions;
                                 ______
                                 
  SA 4913. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 38, line 23, strike ``adequate'' and insert 
     ``full''.
                                 ______
                                 
  SA 4914. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 38, strike line 24 and insert the following:
     pension systems to ensure payment of retirement benefits 
     accrued as of the effective date of this Act (to the extent 
     such benefits do not exceed the maximum guarantee which would 
     apply with respect to the participant under section 4022 of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1322) if title IV of such Act applied to the 
     participant's plan), treat participant contributions to any 
     trust administered by the territory or any instrumentality 
     thereof as the property of the contributor, and ensure that 
     funding is pledged for each fiscal year sufficient to satisfy 
     the lawful claims of participants to their contributions;
                                 ______
                                 
  SA 4915. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2328, to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 403 and insert the following:

     SEC. 403. FIRST MINIMUM WAGE IN PUERTO RICO.

       Section 6(g) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(g)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) In lieu of the rate prescribed by subsection (a)(1), 
     the Governor of Puerto Rico, subject to the approval of the 
     Financial Oversight and Management Board established pursuant 
     to section 101 of the Puerto Rico Oversight, Management, and 
     Economic Stability Act, may designate a time period not to 
     exceed four years during which employers in Puerto Rico may 
     pay employees who are initially employed after the date of 
     enactment of such Act a wage which is not less than the wage 
     described in paragraph (1). Notwithstanding the time period 
     designated, such wage shall not continue in effect after such 
     Board terminates in accordance with section 209 of such Act.
       ``(3) No employer may take any action to displace employees 
     (including partial displacements such as reduction in hours, 
     wages, or employment benefits) for purposes of hiring 
     individuals at the wage authorized in paragraph (1) or (2).
       ``(4) Any employer who violates this subsection shall be 
     considered to have violated section 15(a)(3) (29 U.S.C. 
     215(a)(3)).''.
                                 ______
                                 
  SA 4916. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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.

[[Page S4670]]

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

[[Page S4671]]

       (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--

[[Page S4672]]

       (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.

[[Page S4673]]

       ``(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--

[[Page S4674]]

       (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

[[Page S4675]]

     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

[[Page S4676]]

     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.

[[Page S4677]]

       (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.
                                 ______
                                 
  SA 4917. Mr. PORTMAN (for himself and Mr. Burr) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title IV, insert the following:

     SEC. 414. BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN 
                   CRITICAL AND DECLINING STATUS.

       (a) ERISA Amendments.--Section 305(e)(9)(H) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1085(e)(9)(H)) is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (b) IRC Amendments.--Section 432(e)(9)(H) of the Internal 
     Revenue Code of 1986 is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to any vote on the suspension of benefits 
     under section 305(e)(9)(H) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1085(e)(9)(H)) and section 
     432(e)(9)(H) of the Internal Revenue Code of 1986 that occurs 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 4918. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Between sections 403 and 404, insert the following:

     SEC. 403A. EXEMPTING PUERTO RICO FROM THE FEDERAL MINIMUM 
                   WAGE.

       The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.) is amended--
       (1) in section 6(a)(2) (29 U.S.C. 206(a)(2)), by striking 
     ``Puerto Rico or'' each place it appears; and
       (2) in section 13 (29 U.S.C. 213)--
       (A) in subsection (f), by inserting ``(except as provided 
     under subsection (k))'' after ``Puerto Rico''; and
       (B) by adding at the end the following:
       ``(k) The provisions of section 6 shall not apply with 
     respect to any employee whose services during the workweek 
     are performed in a workplace within Puerto Rico.''.
                                 ______
                                 
  SA 4919. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXEMPTION FROM THE COASTWISE LAWS FOR PUERTO RICO.

       Section 55101(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(4) Puerto Rico.''.
                                 ______
                                 
  SA 4920. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 414. EXEMPTING PUERTO RICO FROM FEDERAL PREVAILING WAGE 
                   REQUIREMENTS.

       Notwithstanding any other provision of law, Puerto Rico 
     shall be exempt from any requirements regarding the payment 
     of a prevailing wage under--
       (1) any of the Acts related to subchapter IV of chapter 31 
     of title 40, United States Code, as listed in appendix A to 
     part 1 of subtitle A of title 29 of the Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act);
       (2) chapter 67 of title 41, United States Code; or
       (3) any other requirement under Federal law regarding 
     paying workers the prevailing wage of a locality.
                                 ______
                                 
  SA 4921. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 101(b), strike paragraph (1) and insert the 
     following:
       (1) In general.--Except as provided in paragraph (2), 
     Congress, acting on behalf of a territory, may establish a 
     Financial Oversight and Management Board for the covered 
     territory, in accordance with this section.
                                 ______
                                 
  SA 4922. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 405(a)(1), insert ``, including a pension or a 
     pension plan,'' before ``whether''.
                                 ______
                                 
  SA 4923. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 98, line 7, strike ``upon enactment'' and insert 
     ``after opportunity for confirmation of the board''.

[[Page S4678]]

       On page 98, line 22, strike ``date of enactment of this 
     Act'' and insert ``date described in subsection (p)''.
       On page 99, line 14, strike ``(i.e., the enactment of this 
     Act)'' and insert ``on the date described in subsection 
     (p)''.
       On page 99, lines 22 and 23, strike ``the enactment of this 
     Act,'' and insert ``the date described in subsection (p),''.
       On page 99, lines 24 and 25, strike ``the enactment of this 
     Act'' and insert ``the date described in subsection (p)''.
       On page 100, lines 3 and 4, strike ``the enactment of this 
     Act'' and insert ``the date described in subsection (p)''.
       On page 101, lines 22 and 23, strike ``as established by 
     section 101(b)'' and insert ``as determined by the date 
     described in subsection (p)''.
       On page 106, line 25, strike ``prior to the enactment of 
     this Act'' and insert ``prior to the date described in 
     subsection (p)''.
       On page 108, line 1, strike ``the enactment of this Act'' 
     and insert ``the date described in subsection (p)''.
       Beginning on page 109, strike line 1 and all that follows 
     through line 3 on page 110.
       On page 111, between lines 10 and 11, insert the following:
       (p) Date Upon Which Automatic Stay Takes Effect.--The date 
     described in this subsection shall be the earlier of--
       (1) the date by which all members of the Oversight Board 
     for Puerto Rico that are subject to confirmation by the 
     Senate have been confirmed; or
       (2) September 15, 2016.
                                 ______
                                 
  SA 4924. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike section 302 and insert the following:

     SEC. 302. WHO MAY BE A DEBTOR.

       An entity may be a debtor under this title if--
       (1) the entity is--
       (A) a territory that has requested the establishment of an 
     Oversight Board or has had an Oversight Board established for 
     it by the United States Congress in accordance with section 
     101 of this Act; or
       (B) a covered territorial instrumentality of a territory 
     described in paragraph (1)(A);
       (2) the Oversight Board has issued a certification under 
     section 206(b) of this Act for such entity;
       (3) the entity desires to effect a plan to adjust its 
     debts; and
       (4) the entity is insolvent, as determined before giving 
     effect to any voluntarily or involuntarily created 
     acceleration of debt or any clawback of revenues transferred 
     from or allocated to that entity by the central government of 
     the Territory.
                                 ______
                                 
  SA 4925. Mr. PORTMAN (for himself and Mr. Burr) submitted an 
amendment intended to be proposed by him to the bill S. 2328, to 
reauthorize and amend the National Sea Grant College Program Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN 
                   CRITICAL AND DECLINING STATUS.

       (a) ERISA Amendments.--Section 305(e)(9)(H) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1085(e)(9)(H)) is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (b) IRC Amendments.--Section 432(e)(9)(H) of the Internal 
     Revenue Code of 1986 is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to any vote on the suspension of benefits 
     under section 305(e)(9)(H) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1085(e)(9)(H)) and section 
     432(e)(9)(H) of the Internal Revenue Code of 1986 that occurs 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 4926. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2328, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       In lieu of the matter proposed, insert the following:

     EXEMPTING PUERTO RICO FROM THE FEDERAL MINIMUM WAGE.

       The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.) is amended--
         (1) in section 6(a)(2) (29 U.S.C. 206(a)(2)), by striking 
     ``Puerto Rico or'' each place it appears; and
         (2) in section 13 (29 U.S.C. 213)--
           (A) in subsection (f), by inserting ``(except as 
     provided under subsection (k))'' after ``PuertoRico''; and
           (B) by adding at the end the following:
       ``(k) The provisions of section 6 shall not apply with 
     respect to any employee whose services during the workweek 
     are performed in a workplace within Puerto Rico.''.
                                 ______
                                 
  SA 4927. Mr. RUBIO (for himself and Mr. Cardin) proposed an amendment 
to the bill H.R. 3766, to direct the President to establish guidelines 
for covered United States foreign assistance programs, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign Aid Transparency and 
     Accountability Act of 2016''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Evaluation.--The term ``evaluation'' means, with 
     respect to a covered United States foreign assistance 
     program, the systematic collection and analysis of 
     information about the characteristics and outcomes of the 
     program, including projects conducted under such program, as 
     a basis for--
       (A) making judgments and evaluations regarding the program;
       (B) improving program effectiveness; and
       (C) informing decisions about current and future 
     programming.
       (3) Covered united states foreign assistance.--The term 
     ``covered United States foreign assistance'' means assistance 
     authorized under--
       (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), except for--
       (i) title IV of chapter 2 of such part (relating to the 
     Overseas Private Investment Corporation); and
       (ii) chapter 3 of such part (relating to International 
     Organizations and Programs);
       (B) chapter 4 of part II of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2346 et seq.; relating to Economic Support 
     Fund);
       (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et 
     seq.); and
       (D) the Food for Peace Act (7 U.S.C. 1721 et seq.).

     SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN 
                   ASSISTANCE PROGRAMS.

       (a) Purposes.--The purposes of this section are to--
       (1) evaluate the performance of covered United States 
     foreign assistance and its contribution to the policies, 
     strategies, projects, program goals, and priorities 
     undertaken by the Federal Government;
       (2) support and promote innovative programs to improve 
     effectiveness; and
       (3) coordinate the monitoring and evaluation processes of 
     Federal departments and agencies that administer covered 
     United States foreign assistance.
       (b) Establishment of Guidelines.--Not later than 18 months 
     after the date of the enactment of this Act, the President 
     shall set forth guidelines, according to best practices of 
     monitoring and evaluation studies and analyses, for the 
     establishment of measurable goals, performance metrics, and 
     monitoring and evaluation plans that can be applied with 
     reasonable consistency to covered United States foreign 
     assistance.
       (c) Objectives of Guidelines.--
       (1) In general.--The guidelines established pursuant to 
     subsection (b) shall provide direction to Federal departments 
     and agencies that administer covered United States foreign 
     assistance on--
       (A) monitoring the use of resources;
       (B) evaluating the outcomes and impacts of covered United 
     States foreign assistance projects and programs; and
       (C) applying the findings and conclusions of such 
     evaluations to proposed project and program design.

[[Page S4679]]

       (2) Objectives.--The guidelines established pursuant to 
     subsection (b) shall provide direction to Federal departments 
     and agencies that administer covered United States foreign 
     assistance on how to--
       (A) establish annual monitoring and evaluation objectives 
     and timetables to plan and manage the process of monitoring, 
     evaluating, analyzing progress, and applying learning toward 
     achieving results;
       (B) develop specific project monitoring and evaluation 
     plans, including measurable goals and performance metrics, 
     and to identify the resources necessary to conduct such 
     evaluations, which should be covered by program costs;
       (C) apply rigorous monitoring and evaluation methodologies 
     to such programs, including through the use of impact 
     evaluations, ex-post evaluations, or other methods, as 
     appropriate, that clearly define program logic, inputs, 
     outputs, intermediate outcomes, and end outcomes;
       (D) disseminate guidelines for the development and 
     implementation of monitoring and evaluation programs to all 
     personnel, especially in the field, who are responsible for 
     the design, implementation, and management of covered United 
     States foreign assistance programs;
       (E) establish methodologies for the collection of data, 
     including baseline data to serve as a reference point against 
     which progress can be measured;
       (F) evaluate, at least once in their lifetime, all programs 
     whose dollar value equals or exceeds the median program size 
     for the relevant office or bureau or an equivalent 
     calculation to ensure the majority of program resources are 
     evaluated;
       (G) conduct impact evaluations on all pilot programs before 
     replicating, or conduct performance evaluations and provide a 
     justification for not conducting an impact evaluation when 
     such an evaluation is deemed inappropriate or impracticable;
       (H) develop a clearinghouse capacity for the collection, 
     dissemination, and preservation of knowledge and lessons 
     learned to guide future programs for United States foreign 
     assistance personnel, implementing partners, the donor 
     community, and aid recipient governments;
       (I) internally distribute evaluation reports;
       (J) publicly report each evaluation, including an executive 
     summary, a description of the evaluation methodology, key 
     findings, appropriate context, including quantitative and 
     qualitative data when available, and recommendations made in 
     the evaluation within 90 days after the completion of the 
     evaluation;
       (K) undertake collaborative partnerships and coordinate 
     efforts with the academic community, implementing partners, 
     and national and international institutions, as appropriate, 
     that have expertise in program monitoring, evaluation, and 
     analysis when such partnerships provide needed expertise or 
     significantly improve the evaluation and analysis;
       (L) ensure verifiable, reliable, and timely data, including 
     from local beneficiaries and stakeholders, are available to 
     monitoring and evaluation personnel to permit the objective 
     evaluation of the effectiveness of covered United States 
     foreign assistance programs, including an assessment of 
     assumptions and limitations in such evaluations; and
       (M) ensure that standards of professional evaluation 
     organizations for monitoring and evaluation efforts are 
     employed, including ensuring the integrity and independence 
     of evaluations, permitting and encouraging the exercise of 
     professional judgment, and providing for quality control and 
     assurance in the monitoring and evaluation process.
       (d) President's Report.--Not later than 18 months after the 
     date of the enactment of this Act, the President shall submit 
     a report to the appropriate congressional committees that 
     contains a detailed description of the guidelines established 
     pursuant to subsection (b). The report shall be submitted in 
     unclassified form, but it may contain a classified annex.
       (e) Comptroller General's Report.--The Comptroller General 
     of the United States shall, not later than 18 months after 
     the report required by subsection (d) is submitted to 
     Congress, submit to the appropriate congressional committees 
     a report that--
       (1) analyzes the guidelines established pursuant to 
     subsection (b); and
       (2) assesses the implementation of the guidelines by the 
     agencies, bureaus, and offices that implement covered United 
     States foreign assistance as outlined in the President's 
     budget request.

     SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN 
                   ASSISTANCE PROGRAMS.

       (a) Publication of Information.--
       (1) Update of existing website.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     State shall update the Department of State's website, 
     ``ForeignAssistance.gov'', to make publicly available 
     comprehensive, timely, and comparable information on covered 
     United States foreign assistance programs, including all 
     information required under subsection (b) that is available 
     to the Secretary of State.
       (2) Information sharing.--Not later than 2 years after the 
     date of the enactment of this Act, and quarterly thereafter, 
     the head of each Federal department or agency that 
     administers covered United States foreign assistance shall 
     provide the Secretary of State with comprehensive information 
     about the covered United States foreign assistance programs 
     carried out by such department or agency.
       (3) Updates to website.--Not later than 2 years after the 
     date of the enactment of this Act, and quarterly thereafter, 
     the Secretary of State shall publish, on the 
     ``ForeignAssistance.gov'' website or through a successor 
     online publication, the information provided under subsection 
     (b).
       (b) Matters to Be Included.--
       (1) In general.--The information described in subsection 
     (a)--
       (A) shall be published for each country on a detailed 
     basis, such as award-by-award; or
       (B) if assistance is provided on a regional level, shall be 
     published for each such region on a detailed basis, such as 
     award-by-award.
       (2) Types of information.--
       (A) In general.--To ensure the transparency, 
     accountability, and effectiveness of covered United States 
     foreign assistance programs, the information described in 
     subsection (a) shall include--
       (i) links to all regional, country, and sector assistance 
     strategies, annual budget documents, congressional budget 
     justifications, and evaluations in accordance with section 
     3(c)(2)(J);
       (ii) basic descriptive summaries for covered United States 
     foreign assistance programs and awards under such programs; 
     and
       (iii) obligations and expenditures.
       (B) Publication.--Each type of information described in 
     subparagraph (A) shall be published or updated on the 
     appropriate website not later than 90 days after the date on 
     which the information is issued.
       (C) Rule of construction.--Nothing in this paragraph may be 
     construed to require a Federal department or agency that 
     administers covered United States foreign assistance to 
     provide any information that does not relate to, or is not 
     otherwise required by, the covered United States foreign 
     assistance programs carried out by such department or agency.
       (3) Report in lieu of inclusion.--
       (A) Health or security of implementing partners.--If the 
     head of a Federal department or agency, in consultation with 
     the Secretary of State, makes a determination that the 
     inclusion of a required item of information online would 
     jeopardize the health or security of an implementing partner 
     or program beneficiary or would require the release of 
     proprietary information of an implementing partner or program 
     beneficiary, the head of the Federal department or agency 
     shall provide such determination in writing to the 
     appropriate congressional committees, including the basis for 
     such determination.
       (B) National interests of the united states.--If the 
     Secretary of State makes a determination that the inclusion 
     of a required item of information online would be detrimental 
     to the national interests of the United States, the Secretary 
     of State shall provide such determination, including the 
     basis for such determination, in writing to the appropriate 
     congressional committees.
       (C) Form.--Information provided under this paragraph may be 
     provided in classified form, as appropriate.
       (4) Failure to comply.--If a Federal department or agency 
     fails to comply with the requirements under paragraph (1), 
     (2), or (3) of subsection (a), or subsection (c), with 
     respect to providing information described in subsection (a), 
     and the information is not subject to a determination under 
     subparagraph (A) or (B) of paragraph (3) not to make the 
     information publicly available, the Director of the Office of 
     Management and Budget, in consultation with the head of such 
     department or agency, not later than one year after the date 
     of the enactment of this Act, shall submit a consolidated 
     report to the appropriate congressional committees that 
     includes, with respect to each required item of information 
     not made publicly available--
       (A) a detailed explanation of the reason for not making 
     such information publicly available; and
       (B) a description of the department's or agency's plan and 
     timeline for--
       (i) making such information publicly available; and
       (ii) ensuring that such information is made publicly 
     available in subsequent years.
       (c) Scope of Information.--The online publication required 
     under subsection (a) shall, at a minimum--
       (1) in each of the fiscal years 2016 through 2019, provide 
     the information required under subsection (b) for fiscal 
     years 2015 through the current fiscal year; and
       (2) for fiscal year 2020 and each fiscal year thereafter, 
     provide the information required under subsection (b) for the 
     immediately preceding 5 fiscal years in a fully searchable 
     form.
       (d) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State and the Administrator of the United 
     States Agency for International Development should coordinate 
     the consolidation of processes and data collection and 
     presentation for the Department of State's website, 
     ``ForeignAssistance.gov'', and the United States Agency for 
     International Development's website, ``Explorer.USAID.gov'', 
     to the extent that is possible to maximize efficiencies, no 
     later than the end of fiscal year 2018.
                                 ______
                                 
  SA 4928. Mr. RUBIO (for himself and Mr. Cardin) proposed an amendment 
to the bill H.R. 3766, to direct the President to establish guidelines 
for covered

[[Page S4680]]

United States foreign assistance programs, and for other purposes; as 
follows:

       Amend the title so as to read: ``A bill to direct the 
     President to establish guidelines for covered United States 
     foreign assistance programs, and for other purposes.''.

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