[Congressional Record Volume 162, Number 104 (Tuesday, June 28, 2016)]
[Senate]
[Pages S4669-S4677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
______