115TH CONGRESS

Collection: Federal Reference
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Kind: Reference Document
Date: 2018-01-11
Topics: Disaster Recovery
Pages: 205
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I 115TH CONGRESS 2D SESSION H. R. 4782 To provide additional disaster recovery assistance for the Commonwealth of Puerto Rico and the United States Virgin Islands, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2018 Ms. PLASKETT (for herself, Ms. VELA´ZQUEZ, Mr. CROWLEY, and Mr. SOTO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Financial Services, Agriculture, Ways and Means, Natural Resources, Education and the Workforce, the Budget, and Science, Space, and Technology, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide additional disaster recovery assistance for the Commonwealth of Puerto Rico and the United States Virgin Islands, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Puerto Rico and Virgin Islands Equitable Rebuild Act 5 of 2018’’. 6 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 4782 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—INFRASTRUCTURE Subtitle A—Energy Sec. 101. Assistance for rebuilding of electric grid. Sec. 102. Clean energy grants. Subtitle B—Energy Infrastructure Incentives Sec. 111. Grant program to promote access to renewable energy and energy ef- ficiency for Puerto Rico and the Virgin Islands. Sec. 112. Incentives for energy efficient commercial buildings. Sec. 113. Incentives for new energy efficient homes. Sec. 114. Incentives for alternative motor vehicles and qualified plug-in electric drive motor vehicles. Subtitle C—Transportation, Housing, and Agriculture Incentives Sec. 121. General provisions. Sec. 122. Highway program. Sec. 123. Federal-aid highway emergency relief program. Sec. 124. Public Transportation Emergency Relief Program. Sec. 125. TIGER discretionary grants. Sec. 126. Passenger and freight rail improvements. Sec. 127. Airport improvement program. Sec. 128. Airport Facilities and Equipment. Sec. 129. Clean and safe water revolving funds. Sec. 130. Construction of ferry boats and ferry terminal facilities. Sec. 131. Corps of Engineers funds. Sec. 132. Predisaster hazard mitigation and resiliency. Sec. 133. Broadband programs. Sec. 134. Housing and community development. Sec. 135. Oversight. TITLE II—MEDICAID AND MEDICARE PARITY Subtitle A—Medicaid Sec. 201. Elimination of general Medicaid funding limitations (‘‘cap’’) for terri- tories. Sec. 202. Elimination of specific Federal medical assistance percentage (FMAP) limitation for territories; temporarily increasing the FMAP for Puerto Rico and the Virgin Islands to 100 percent. Sec. 203. Application of Medicaid waiver authority to all of the territories. Sec. 204. Permitting Medicaid DSH allotments for territories. Subtitle B—Medicare PART I—PART A VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 4782 IH Sec. 211. Calculation of Medicare DSH payments for IPPS hospitals in Puerto Rico. Sec. 212. Rebasing target amount for hospitals in territories. Sec. 213. Medicare DSH target adjustment for hospitals in territories. PART II—PART B Sec. 221. Application of part B deemed enrollment process to residents of Puerto Rico; special enrollment period and limit on late enroll- ment penalties. PART III—MEDICARE ADVANTAGE (PART C) Sec. 231. Adjustment in benchmark for low-base payment counties in Puerto Rico. PART IV—PART D Sec. 241. Improved use of allocated prescription drug funds by territories. Sec. 242. Report on treatment of territories under Medicare part D. Subtitle C—Miscellaneous Sec. 251. Modified treatment of territories with respect to application of ACA annual health insurance provider fees. Sec. 252. Medicaid and CHIP territory transparency and information. Sec. 253. Report on exclusion of territories from Exchanges. Sec. 254. Access to coverage for individuals in certain areas without any avail- able Exchange plans. Sec. 255. Extension of family-to-family health information centers program to territories. Sec. 256. Temporary increase in Social Services Block Grant allotments for Puerto Rico and the Virgin Islands. TITLE III—AGRICULTURE Sec. 301. Rural Utilities Service programs. Sec. 302. Rural Energy for America Program. Sec. 303. Rural community facilities program. Sec. 304. Rural housing. Sec. 305. Watershed and flood prevention operations. Sec. 306. Community facilities grants. Sec. 307. Waiver of noninsured crop disaster assistance program service fee. Sec. 308. Assistance for Community Food Projects. Sec. 309. Participation of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program. Sec. 310. Payment limitations for certain producers in disaster areas. Sec. 311. Treatment of certain producers as socially disadvantaged farmers and ranchers. Sec. 312. Emergency watershed protection program. Sec. 313. Emergency forest restoration program. Sec. 314. Treatment of certain producers as limited resource producers. Sec. 315. Retroactive availability of catastrophic level of protection under non- insured crop assistance program. Sec. 316. Distribution of funds made available for equipment assistance grants under the National School Lunch Act to Puerto Rico and the Virgin Islands. VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 4782 IH Sec. 317. Special supplemental nutrition program for women, infants, and chil- dren. Sec. 318. Deadline for application submission. TITLE IV—VETERANS AFFAIRS Sec. 401. Appropriation of amounts for Department of Veterans Affairs to ad- dress consequences of Hurricane Irma and Hurricane Maria in Puerto Rico and the Virgin Islands. TITLE V—EDUCATION RECOVERY Subtitle A—Educational Assistance Funds Sec. 501. Education and Head Start funding. Subtitle B—Elementary and Secondary Education Disaster Relief Sec. 511. Definitions. Sec. 512. Immediate aid to restart school operations. Sec. 513. Allocations to local educational agencies for the long-term improve- ment of public school facilities. Sec. 514. Hold harmless for local educational agencies serving major disaster areas. Sec. 515. Paraprofessional reciprocity; delay. Sec. 516. Regulatory and financial relief. Sec. 517. Assistance for homeless children and youths. Sec. 518. Temporary emergency impact aid for displaced students. Sec. 519. Severability. Sec. 520. Authorization of funds. Sec. 521. Sunset provision. Subtitle C—Higher Education Disaster Relief Sec. 531. Definitions. Sec. 532. General waivers and modifications. Sec. 533. Modification of part A of title II grants authorized. Sec. 534. Authorized uses of Trio, Gear-Up, part A or B of title III, title V, and other grants. Sec. 535. Professional judgment. Sec. 536. Expanding information dissemination regarding eligibility for Federal Pell Grants. Sec. 537. Procedures. Sec. 538. Temporary deferral for affected Federal student loan borrowers. Sec. 539. Termination of authority. Sec. 540. Virgin Islands and Puerto Rico college access. Subtitle D—Disaster Relief for Other Education and Related Programs Sec. 551. Definitions. Sec. 552. Agreements to extend certain deadlines of the individuals with dis- abilities education act to facilitate the provision of educational services to children with disabilities. Sec. 553. Head Start and child care and development block grants. TITLE VI—ECONOMIC DEVELOPMENT ASSISTANCE AND WORKER PROTECTIONS VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 4782 IH Sec. 601. Training and employment services. Sec. 602. Equitable treatment for possessions of the United States with respect to the earned income tax credit and the child tax credit. Sec. 603. Requirement to use local labor. Sec. 604. Minimum wage for young employees in Puerto Rico. Sec. 605. Overtime hours protections for workers in Puerto Rico. Sec. 606. Unemployment assistance for Puerto Rico and the Virgin Islands. Sec. 607. Extension of the supplemental security income program to territories. Sec. 608. Economic Development Assistance Programs. Sec. 609. Appropriation to CDFI Fund for disaster relief in Puerto Rico and the Virgin Islands. Sec. 610. Community Development Fund. Sec. 611. Small Business Administration disaster loans. Sec. 612. Temporary increase in new markets tax credit for investments in community development entities serving covered disaster areas. Sec. 613. Full rum cover over. Sec. 614. Temporary modification to tax home and closer connection test. Sec. 615. Income allocable to fixed place of business. Sec. 616. Federal permitting. TITLE VII—ENVIRONMENTAL REMEDIATION Sec. 701. National Park Service Historic Preservation Fund. Sec. 702. Environmental Protection Agency Environmental Programs and Man- agement. Sec. 703. Hazardous Substance Superfund. Sec. 704. Leaking Underground Storage Tank Fund. Sec. 705. Department of the Interior grants. Sec. 706. Department of Defense environmental restoration. Sec. 707. Additional Recovery Assistance for Puerto Rico and the Virgin Is- lands Fund. Sec. 708. United States Fish and Wildlife Service construction. Sec. 709. Activities carried out by the Chief of Engineers in Puerto Rico. Sec. 710. Land and water conservation fund parity. TITLE VIII—LONG-TERM RESILIENT EMERGENCY DISASTER RELIEF PLAN Sec. 801. Long-term disaster relief plan for Puerto Rico and the Virgin Islands. TITLE IX—FEMA PROVISIONS Sec. 901. Waiver of non-Federal share requirements. Sec. 902. Hazard mitigation. Sec. 903. Repair, restoration, and replacement of damaged facilities. Sec. 904. Community disaster loans. Sec. 905. Waiver of limit on management costs. Sec. 906. Maximum amount of assistance for individuals and households pro- gram. Sec. 907. Restoration of telecommunications infrastructure. Sec. 908. Availability of translators. TITLE X—EMERGENCY FUNDING Subtitle A—General Provisions Sec. 1001. Extension of claim filing deadline. VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 4782 IH Sec. 1002. Emergency designation. Subtitle B—Puerto Rico and Virgin Islands Hurricane Damage Restoration Account Sec. 1011. Definitions. Sec. 1012. Puerto Rico and United States Virgin Islands Hurricane Damage Restoration Account. Sec. 1013. Establishment and operation of the Puerto Rico and Virgin Islands emergency credit facility. SEC. 2. PURPOSES. 1 The purposes of this Act are to— 2 (1) provide for the desperate, immediate needs 3 of the people of Puerto Rico and the Virgin Islands; 4 (2) ensure that the recovery efforts in Puerto 5 Rico and the Virgin Islands carried out by the Fed- 6 eral Government are driven by the local communities 7 who were impacted by Hurricanes Irma and Maria; 8 (3) implement recovery efforts in a way that al- 9 lows participation in transparent processes to ensure 10 public input and oversight in long-term development; 11 (4) prevent the erosion of long-term develop- 12 ment, local and municipal governing power, the 13 rights of the people impacted, and their ability to in- 14 fluence their recovery; 15 (5) protect labor, public engagement, local and 16 municipal governing power, the National Environ- 17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 18 and other protections; 19 (6) address the real and imminent threats to 20 Puerto Rico and the Virgin Islands from extreme 21 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 4782 IH weather events caused by anthropogenic climate 1 change; and 2 (7) during the recovery efforts, prioritize, where 3 possible— 4 (A) mitigation of the causes of climate 5 change by decreasing or eliminating dependence 6 on fossil fuel use; 7 (B) adaptation to the increasing climate 8 impacts of extreme weather and sea level rise 9 by rebuilding infrastructure to higher standards 10 and supporting innovative solutions that can 11 better withstand extreme weather and other 12 risks; and 13 (C) resiliency to ensure the safety and 14 health of the people of Puerto Rico and the Vir- 15 gin Islands to ensure they withstand future 16 threats and are able to efficiently and quickly 17 recover from the next hurricanes that strike 18 these islands. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) COVERED DISASTER.—The term ‘‘covered 22 disaster’’ means a major disaster declared by the 23 President under section 401 of the Robert T. Staf- 24 ford Disaster Relief and Emergency Assistance Act 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 4782 IH (42 U.S.C. 5170) with respect to Hurricane Irma or 1 Hurricane Maria. 2 (2) COVERED DISASTER AREA.—The term ‘‘cov- 3 ered disaster area’’ means an area— 4 (A) located in Puerto Rico or the Virgin 5 Islands; and 6 (B) for which the President declared a cov- 7 ered disaster. 8 (3) PUBLIC ASSISTANCE GRANT PROGRAM.— 9 The term ‘‘public assistance grant program’’ means 10 the public assistance grant program authorized 11 under sections 403, 406, 407, 418, 419, 428, and 12 502(a) of the Robert T. Stafford Disaster Relief and 13 Emergency Assistance Act (42 U.S.C. 5170b, 5172, 14 5173, 5185, 5186, 5189f, and 5192(a)). 15 (4) PUERTO RICO.—The term ‘‘Puerto Rico’’ 16 means the Commonwealth of Puerto Rico. 17 (5) VIRGIN ISLANDS.—The term ‘‘Virgin Is- 18 lands’’ means the Virgin Islands of the United 19 States. 20 TITLE I—INFRASTRUCTURE 21 Subtitle A—Energy 22 SEC. 101. ASSISTANCE FOR REBUILDING OF ELECTRIC 23 GRID. 24 (a) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 9 •HR 4782 IH (1) EFFICIENT.—The term ‘‘efficient’’ means, 1 with respect to a technology, product, material, 2 equipment, or practice, the use of the technology, 3 product, material, equipment, or practice in a man- 4 ner that results in reduced energy consumption or 5 energy costs for the same level of service or a higher 6 level of service. 7 (2) RESILIENT.—The term ‘‘resilient’’ means, 8 with respect to a system or a component of a sys- 9 tem, the ability of the system or component to adapt 10 to a changing condition and withstand and rapidly 11 recover from a disruption. 12 (b) USE OF RESILIENT ENERGY SYSTEMS TO RE- 13 BUILD FOLLOWING DISASTERS.— 14 (1) IN GENERAL.—Notwithstanding any other 15 provision of law, assistance provided under sections 16 403, 404, 406, 408, and 428 of the Robert T. Staf- 17 ford Disaster Relief and Emergency Assistance Act 18 (42 U.S.C. 5170b, 5170c, 5172, 5174, 5189f) may 19 be used to build, repair, restore, reconstruct, or re- 20 place an energy system or building in a covered dis- 21 aster area as a result of a covered disaster in a man- 22 ner that— 23 (A) is more resilient; 24 (B) is more efficient; 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 10 •HR 4782 IH (C) provides continuous flow of power to 1 facilities critical to public health, safety, and 2 welfare; 3 (D) maximizes the use of clean energy re- 4 sources and energy storage technologies; and 5 (E) promotes lower energy bills to the ex- 6 tent feasible. 7 (2) RULE OF CONSTRUCTION.—Nothing in 8 paragraph (1) creates eligibility for assistance for 9 any energy provider that is not otherwise eligible for 10 assistance under the Robert T. Stafford Disaster 11 Relief and Emergency Assistance Act (42 U.S.C. 12 5121 et seq.). 13 (3) COORDINATION WITH PRIVATE ENTITIES.— 14 (A) IN GENERAL.—The Administrator of 15 the Federal Emergency Management Agency 16 shall designate a representative of the Agency 17 to coordinate with one or more private entities 18 that are interested in donating energy system 19 technologies and services to rebuild in accord- 20 ance with paragraph (1). 21 (B) COORDINATION AMONG AGENCIES.—In 22 carrying out subparagraph (A), the Adminis- 23 trator of the Federal Emergency Management 24 Agency is encouraged to coordinate with the 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 11 •HR 4782 IH Secretary of Energy and the Secretary of 1 Homeland Security. 2 (4) TECHNICAL ASSISTANCE.— 3 (A) IN GENERAL.—Not later than 90 days 4 after the date of enactment of this Act, each 5 National Laboratory (as defined in section 2 of 6 the Energy Policy Act of 2005 (42 U.S.C. 7 15801)), in coordination with the programs of 8 the Department of Energy that provide assist- 9 ance to States and industry, shall make tech- 10 nical assistance available to Federal, State, and 11 local agencies and private entities that are in- 12 terested in— 13 (i) developing plans or providing guid- 14 ance on the design of a resilient and effi- 15 cient energy system or building; and 16 (ii) building, repairing, restoring, re- 17 constructing, or replacing an energy sys- 18 tem or building in accordance with para- 19 graph (1). 20 (B) CONSULTATION AMONG AGENCIES.— 21 The Administrator of the Federal Emergency 22 Management Agency is encouraged to consult 23 with the Secretary of Defense regarding the ex- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 12 •HR 4782 IH perience of the Department of Defense in build- 1 ing resilient power systems. 2 (c) APPROPRIATION OF FUNDS.—Out of funds of the 3 Treasury not otherwise appropriated, there is appro- 4 priated to the Administrator of the Federal Emergency 5 Management Agency $13,000,000,000 for fiscal year 6 2018, to remain available until expended, for carrying out 7 the activities authorized under this section (including tech- 8 nical assistance and related activities), and other related 9 activities, including conservation and renewable resources 10 programs as authorized. Nothing in this section shall be 11 construed to limit any authority to provide emergency as- 12 sistance otherwise provided by law. 13 SEC. 102. CLEAN ENERGY GRANTS. 14 (a) ENERGY EFFICIENCY AND RENEWABLE EN- 15 ERGY.— 16 (1) IN GENERAL.—Out of funds of the Treas- 17 ury not otherwise appropriated, there is appro- 18 priated to the Energy Efficiency and Renewable En- 19 ergy Account of the Department of Energy 20 $100,000,000 for fiscal year 2018, to remain avail- 21 able until expended and subject to paragraph (2), to 22 provide to Puerto Rico and the Virgin Islands, on a 23 competitive basis and in accordance with the applica- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 13 •HR 4782 IH ble allocation formula, to provide grants under the 1 programs described in that paragraph. 2 (2) MINIMUM ALLOCATION.—Of the amounts 3 made available under paragraph (1)— 4 (A) not less than $19,200,000 shall be 5 made available to each of Puerto Rico and the 6 Virgin Islands, to remain available until ex- 7 pended, for grants under the Energy Efficiency 8 and Conservation Block Grant Program estab- 9 lished under section 542(a) of the Energy Inde- 10 pendence and Security Act of 2007 (42 U.S.C. 11 17152(a)), to be allocated in accordance with 12 section 543 of that Act (42 U.S.C. 17153), 13 after taking into account, for purposes of calcu- 14 lating distributions under subsection (b) of that 15 section, the most recent and accurate popu- 16 lation data available as of the date of the cal- 17 culation; 18 (B) not less than $1,700,000 shall be 19 made available to Puerto Rico and not less than 20 $390,000 shall be made available to the Virgin 21 Islands, to remain available until expended, for 22 grants under the Weatherization Assistance 23 Program for Low-Income Persons established 24 under part A of title IV of the Energy Con- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 14 •HR 4782 IH servation and Production Act (42 U.S.C. 6861 1 et seq.); and 2 (C) not less $950,000 shall be made avail- 3 able to Puerto Rico and not less than $430,000 4 shall be made available to the Virgin Islands, to 5 remain available until expended, for grants to 6 carry out State energy conservation programs 7 under part D of title III of the Energy Policy 8 and Conservation Act (42 U.S.C. 6321 et seq.). 9 (b) LOW-INCOME HOME ENERGY ASSISTANCE PRO- 10 GRAM.—Out of funds of the Treasury not otherwise appro- 11 priated, there is appropriated to the Secretary of Health 12 and Human Services $31,600,000 for fiscal year 2018, to 13 remain available until expended, to provide, on a competi- 14 tive basis, grants authorized under section 2602(a) of the 15 Low-Income Home Energy Assistance Act of 1981 (42 16 U.S.C. 8621(a)), to be allocated in accordance with any 17 applicable formulas under that Act, of which— 18 (1) $30,400,000 shall be made available to 19 Puerto Rico; and 20 (2) $1,200,000 shall be made available to the 21 Virgin Islands. 22 (c) ELECTRICITY DELIVERY AND ENERGY RELI- 23 ABILITY.—Out of funds of the Treasury not otherwise ap- 24 propriated, there is appropriated to the Electricity Deliv- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 15 •HR 4782 IH ery and Energy Reliability Account of the Department of 1 Energy $6,500,000 for fiscal year 2018, to remain avail- 2 able until expended— 3 (1) to conduct electricity delivery and energy re- 4 liability activities to modernize the electric grid in 5 Puerto Rico and the Virgin Islands, including— 6 (A) the use of demand responsive equip- 7 ment; 8 (B) enhancing the security and reliability 9 of energy infrastructure; 10 (C) providing for the conduct of research 11 relating to, and the development, demonstra- 12 tion, and deployment of, energy storage; and 13 (D) facilitating recovery from disruptions 14 to the energy supply; and 15 (2) to implement programs authorized under 16 title XIII of the Energy Independence and Security 17 Act of 2007 (42 U.S.C. 17381 et seq.) in Puerto 18 Rico and the Virgin Islands. 19 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 16 •HR 4782 IH Subtitle B—Energy Infrastructure 1 Incentives 2 SEC. 111. GRANT PROGRAM TO PROMOTE ACCESS TO RE- 3 NEWABLE ENERGY AND ENERGY EFFICIENCY 4 FOR PUERTO RICO AND THE VIRGIN IS- 5 LANDS. 6 (a) IN GENERAL.—Upon application, the Secretary 7 of the Treasury shall, subject to the requirements of this 8 section, provide a grant to each eligible person who places 9 in service specified energy property in Puerto Rico or the 10 Virgin Islands to reimburse such person for a portion of 11 the expense of such property as provided in subsection (b). 12 No grant shall be made under this section with respect 13 to any property unless— 14 (1) in the case of specified energy property 15 which is described in paragraph (1) of section 45(d) 16 or clause (i) of section 48(a)(3)(A) of the Internal 17 Revenue Code of 1986 (determined without regard 18 to any date by which construction must begin), the 19 construction of such property begins after Sep- 20 tember 6, 2017, and 21 (2) in the case of any other specified energy 22 property, such property is placed in service after 23 September 6, 2017. 24 (b) GRANT AMOUNT.— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 17 •HR 4782 IH (1) IN GENERAL.—The amount of the grant 1 under subsection (a) with respect to any specified 2 energy property shall be 30 percent of the basis of 3 such property. 4 (2) DOLLAR LIMITATIONS.—In the case of 5 property described in paragraph (1), (2), (6), or (7) 6 of subsection (d), the amount of any grant under 7 this section with respect to such property shall not 8 exceed the limitation described in section 9 48(a)(5)(E), 48(c)(1)(B), 48(c)(2)(B), or 10 48(c)(3)(B) of the Internal Revenue Code of 1986, 11 respectively, with respect to such property. 12 (c) TIME FOR PAYMENT OF GRANT.—The Secretary 13 of the Treasury shall make payment of any grant under 14 subsection (a) during the 60-day period subsequent to the 15 date of the application for such grant. 16 (d) SPECIFIED ENERGY PROPERTY.—For purposes 17 of this section, the term ‘‘specified energy property’’ 18 means any of the following: 19 (1) QUALIFIED FACILITIES.—Any qualified 20 property (as defined in section 48(a)(5)(D) of the 21 Internal Revenue Code of 1986) which is part of a 22 qualified facility (within the meaning of section 45 23 of such Code) described in paragraph (1), (4), (9), 24 or (11) of section 45(d) of such Code (determined 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 18 •HR 4782 IH without regard to any date by which construction 1 must begin). 2 (2) QUALIFIED FUEL CELL PROPERTY.—Any 3 qualified fuel cell property (as defined in section 4 48(c)(1) of such Code, determined without regard to 5 any termination date). 6 (3) SOLAR PROPERTY.—Any property described 7 in clause (i) or (ii) of section 48(a)(3)(A) of such 8 Code (determined without regard to any termination 9 date). 10 (4) QUALIFIED SMALL WIND ENERGY PROP- 11 ERTY.—Any qualified small wind energy property 12 (as defined in section 48(c)(4) of such Code, deter- 13 mined without regard to any termination date). 14 (5) GEOTHERMAL PROPERTY.—Any property 15 described in clause (iii) of section 48(a)(3)(A) of 16 such Code. 17 (6) QUALIFIED MICROTURBINE PROPERTY.— 18 Any qualified microturbine property (as defined in 19 section 48(c)(2) of such Code, determined without 20 regard to any termination date). 21 (7) COMBINED HEAT AND POWER SYSTEM 22 PROPERTY.—Any combined heat and power system 23 property (as defined in section 48(c)(3) of such 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 19 •HR 4782 IH Code, determined without regard to subparagraph 1 (A)(iv) thereof). 2 (8) GEOTHERMAL HEAT PUMP PROPERTY.— 3 Any property described in clause (vii) of section 4 48(a)(3)(A) of such Code (determined without re- 5 gard to any termination date). 6 (9) RESIDENTIAL ENERGY EFFICIENT PROP- 7 ERTY.—Any property or equipment described in sub- 8 section (c) of section 25D of such Code (determined 9 without regard to subsection (h) of such section). 10 Such term shall not include any property unless deprecia- 11 tion (or amortization in lieu of depreciation) is allowable 12 (or would be allowable if section 933 of the Internal Rev- 13 enue Code of 1986 were not taken into account) with re- 14 spect to such property. 15 (e) ELIGIBLE PERSON.—For purposes of this section, 16 the term ‘‘eligible person’’ means— 17 (1) any individual that is a bona fide resident 18 (as defined under section 937 of the Internal Rev- 19 enue Code of 1986) of Puerto Rico or the Virgin Is- 20 lands, and 21 (2) any corporation which is organized under 22 the laws of Puerto Rico or the Virgin Islands. 23 (f) OTHER DEFINITIONS.—Terms used in this sec- 24 tion which are also used in section 45 or 48 of the Internal 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 20 •HR 4782 IH Revenue Code of 1986 shall have the same meaning for 1 purposes of this section as when used in such section 45 2 or 48. Any reference in this section to the Secretary of 3 the Treasury shall be treated as including the Secretary’s 4 delegate. 5 (g) APPLICATION OF CERTAIN RULES.—In making 6 grants under this section, the Secretary of the Treasury 7 shall apply rules similar to the rules of section 50 of the 8 Internal Revenue Code of 1986, except that in applying 9 subsection (b)(1) thereof ‘‘Puerto Rico or the Virgin Is- 10 lands’’ shall be substituted for ‘‘the United States’’. In 11 applying such rules, if the property is disposed of, or oth- 12 erwise ceases to be specified energy property, the Sec- 13 retary of the Treasury shall provide for the recapture of 14 the appropriate percentage of the grant amount in such 15 manner as the Secretary of the Treasury determines ap- 16 propriate. 17 (h) APPROPRIATIONS.—For fiscal year 2018, there is 18 hereby appropriated to the Secretary of the Treasury— 19 (1) for providing grants for specified energy 20 property placed in service in Puerto Rico, 21 $270,000,000, and 22 (2) for providing grants for specified energy 23 property placed in service in the Virgin Islands, 24 $20,000,000, 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 21 •HR 4782 IH to remain available until expended. 1 SEC. 112. INCENTIVES FOR ENERGY EFFICIENT COMMER- 2 CIAL BUILDINGS. 3 (a) GRANT PROGRAM FOR PUERTO RICO AND THE 4 VIRGIN ISLANDS.— 5 (1) IN GENERAL.—Upon application, the Sec- 6 retary of the Treasury shall, subject to the require- 7 ments of this subsection, provide a grant to each eli- 8 gible person who places in service energy efficient 9 commercial building property to reimburse such per- 10 son for a portion of the expense of such property as 11 provided in paragraph (2). No grant shall be made 12 under this subsection with respect to any property 13 unless such property is placed in service after Sep- 14 tember 6, 2017. 15 (2) GRANT AMOUNT.—The amount of the grant 16 under paragraph (1) with respect to any energy effi- 17 cient commercial building property shall be equal to 18 the product of— 19 (A) 35 percent, and 20 (B) the excess of— 21 (i) the product of— 22 (I) $1.80, and 23 (II) the square footage of the 24 building, over 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 22 •HR 4782 IH (ii) the aggregate amount of all prior 1 grants under paragraph (1) with respect to 2 the building. 3 (3) TIME FOR PAYMENT OF GRANT.—The Sec- 4 retary of the Treasury shall make payment of any 5 grant under paragraph (1) during the 60-day period 6 beginning on the later of— 7 (A) the date of the application for such 8 grant, or 9 (B) the date the energy efficient commer- 10 cial building property for which the grant is 11 being made is placed in service. 12 (4) ENERGY EFFICIENT COMMERCIAL BUILDING 13 PROPERTY.—For purposes of this subsection, the 14 term ‘‘energy efficient commercial building prop- 15 erty’’ has the meaning given such term under sec- 16 tion 179D(c) of the Internal Revenue Code of 1986, 17 except that— 18 (A) the determination of whether deprecia- 19 tion (or amortization in lieu of depreciation) is 20 allowable under such section 179D(c)(1)(A) 21 shall be made without regard to section 933 of 22 such Code, 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 23 •HR 4782 IH (B) such section 179D(c)(1)(B)(i) shall be 1 applied by substituting ‘‘Puerto Rico or the Vir- 2 gin Islands’’ for ‘‘the United States’’, and 3 (C) subsection (h) of section 179D of such 4 Code shall not apply. 5 (5) ELIGIBLE PERSON.—For purposes of this 6 subsection, the term ‘‘eligible person’’ means— 7 (A) any individual that is a bona fide resi- 8 dent (as defined under section 937 of the Inter- 9 nal Revenue Code of 1986) of Puerto Rico or 10 the Virgin Islands, and 11 (B) any corporation which is organized 12 under the laws of Puerto Rico or the Virgin Is- 13 lands. 14 (6) SECRETARY OF THE TREASURY.—Any ref- 15 erence in this subsection to the Secretary of the 16 Treasury shall be treated as including the Sec- 17 retary’s delegate. 18 (7) APPLICATION OF SPECIAL RULES.—Rules 19 similar to the rules of subsections (d), (f), and (g) 20 of section 179D of the Internal Revenue Code of 21 1986 shall apply with respect to grants under this 22 subsection. 23 (b) APPROPRIATIONS.—For fiscal year 2018, there is 24 hereby appropriated to the Secretary of the Treasury 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 24 •HR 4782 IH $11,500,000, to remain available until expended, to carry 1 out the purposes of this section. 2 SEC. 113. INCENTIVES FOR NEW ENERGY EFFICIENT 3 HOMES. 4 (a) GRANT PROGRAM FOR PUERTO RICO AND THE 5 VIRGIN ISLANDS.— 6 (1) IN GENERAL.—Upon application, the Sec- 7 retary of the Treasury shall, subject to the require- 8 ments of this subsection, provide a grant to each eli- 9 gible contractor with respect to each qualified new 10 energy efficient home which is— 11 (A) constructed by an eligible contractor, 12 and 13 (B) acquired by a person from such eligible 14 contractor for use as a residence. 15 No grant shall be made under this subsection with 16 respect to any qualified new energy efficient home 17 unless such home is acquired by another person for 18 use as a residence after September 6, 2017. 19 (2) AMOUNT OF GRANT.—The amount of the 20 grant under paragraph (1) with respect to any quali- 21 fied new energy efficient home is an amount equal 22 to— 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 25 •HR 4782 IH (A) in the case of a dwelling unit described 1 in paragraph (1) or (2) of section 45L(c) of the 2 Internal Revenue Code of 1986, $2,000, and 3 (B) in the case of a dwelling unit described 4 in paragraph (3) of section 45L(c) of the Inter- 5 nal Revenue Code of 1986, $1,000. 6 (3) TIME FOR PAYMENT OF GRANT.—The Sec- 7 retary of the Treasury shall make payment of any 8 grant under paragraph (1) during the 60-day period 9 beginning on the later of— 10 (A) the date of the application for such 11 grant, or 12 (B) the date the qualified new energy effi- 13 cient home for which the grant is acquired by 14 another person for use as a residence. 15 (4) QUALIFIED NEW ENERGY EFFICIENT 16 HOME.—For purposes of this subsection, the term 17 ‘‘qualified new energy efficient home’’ has the mean- 18 ing given such term under section 45L(b)(2) of the 19 Internal Revenue Code of 1986, except that— 20 (A) subparagraph (A) thereof shall be ap- 21 plied by substituting ‘‘Puerto Rico or the Virgin 22 Islands’’ for ‘‘the United States’’, and 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 26 •HR 4782 IH (B) subparagraph (B) thereof shall be ap- 1 plied by substituting ‘‘September 6, 2017’’ for 2 ‘‘the date of the enactment of this section’’. 3 (5) ELIGIBLE CONTRACTOR.—For purposes of 4 this subsection, the term ‘‘eligible contractor’’ 5 means— 6 (A) a person who constructed the qualified 7 new energy efficient home, or 8 (B) in the case of a qualified new energy 9 efficient home which is a manufactured home, 10 the manufactured home producer of such home. 11 (6) OTHER TERMS.—Terms used in this sub- 12 section which are also used in section 45L of the In- 13 ternal Revenue Code of 1986 shall have the same 14 meaning for purposes of this subsection as when 15 used in section 45L. Any reference in this subsection 16 to the Secretary of the Treasury shall be treated as 17 including the Secretary’s delegate. 18 (b) APPROPRIATIONS.—For fiscal year 2018, there is 19 hereby appropriated to the Secretary of the Treasury 20 $30,800,000, to remain available until expended, to carry 21 out the purposes of this section. 22 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 27 •HR 4782 IH SEC. 114. INCENTIVES FOR ALTERNATIVE MOTOR VEHI- 1 CLES AND QUALIFIED PLUG-IN ELECTRIC 2 DRIVE MOTOR VEHICLES. 3 (a) GRANT PROGRAM FOR PUERTO RICO AND THE 4 VIRGIN ISLANDS.— 5 (1) IN GENERAL.—Upon application, the Sec- 6 retary of the Treasury shall, subject to the require- 7 ments of this subsection, provide a grant to each eli- 8 gible person who places in service a qualified vehicle 9 to reimburse such person for a portion of the ex- 10 pense of such vehicle as provided in paragraph (2). 11 No grant shall be made under this subsection with 12 respect to any vehicle unless such vehicle is placed 13 in service after September 6, 2017. 14 (2) GRANT AMOUNT.— 15 (A) IN GENERAL.—The amount of the 16 grant under paragraph (1) with respect to any 17 qualified vehicle shall be an amount equal to— 18 (i) in the case of a vehicle described in 19 subparagraph (A) of paragraph (4), the 20 amount of the credit for such vehicle as de- 21 termined under subsection (b) of section 22 30B of the Internal Revenue Code of 23 1986, 24 (ii) in the case of a vehicle described 25 in subparagraph (B) of such paragraph, 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 28 •HR 4782 IH the amount of the credit for such vehicle 1 as determined under subsection (d)(2)(A) 2 of such section, 3 (iii) in the case of a vehicle described 4 in subparagraph (C) of such paragraph, 5 the amount of the credit for such vehicle 6 as determined under subsection (i)(1) of 7 such section, 8 (iv) in the case of a vehicle described 9 in subparagraph (D) of such paragraph, 10 the amount of the credit for such vehicle 11 as determined under subsection (b) of sec- 12 tion 30D of the Internal Revenue Code of 13 1986, except that in applying paragraph 14 (3) of such subsection, ‘‘$7,500’’ shall be 15 substituted for ‘‘$5,000’’, and 16 (v) in the case of a vehicle described 17 in subparagraph (E) of such paragraph, 18 the applicable amount for such vehicle as 19 determined under subsection (g)(2) of such 20 section. 21 (B) INAPPLICABILITY OF CREDIT TERMI- 22 NATION DATE.—For purposes of subparagraph 23 (A), in determining the amount of the credit 24 under section 30B or 30D of the Internal Rev- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 29 •HR 4782 IH enue Code of 1986, as applicable, such deter- 1 mination shall be made without regard to any 2 termination date under such section. 3 (3) TIME FOR PAYMENT OF GRANT.—The Sec- 4 retary of the Treasury shall make payment of any 5 grant under paragraph (1) during the 60-day period 6 beginning on the later of— 7 (A) the date of the application for such 8 grant, or 9 (B) the date the qualified vehicle for which 10 the grant is being made is placed in service. 11 (4) QUALIFIED VEHICLE.—For purposes of this 12 subsection, the term ‘‘qualified vehicle’’ means— 13 (A) any new qualified fuel cell motor vehi- 14 cle, as defined in subsection (b)(3) of section 15 30B of the Internal Revenue Code of 1986, 16 (B) any new qualified hybrid motor vehicle, 17 as defined in subsection (d)(3) of such section, 18 which is a passenger automobile or light truck 19 and which has a gross vehicle weight rating of 20 not more than 8,500 pounds, 21 (C) any motor vehicle which is converted to 22 a qualified plug-in electric drive motor vehicle, 23 as described in subsection (i)(1) of such section, 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 30 •HR 4782 IH (D) any new qualified plug-in electric drive 1 motor vehicle, as defined in subsection (d)(1) of 2 section 30D of the Internal Revenue Code of 3 1986, and 4 (E) any qualified 2- or 3-wheeled plug-in 5 electric vehicle, as defined in subsection (g)(3) 6 of such section. 7 (5) ELIGIBLE PERSON.—For purposes of this 8 subsection, the term ‘‘eligible person’’ means— 9 (A) any individual that is a bona fide resi- 10 dent (as defined under section 937 of the Inter- 11 nal Revenue Code of 1986) of Puerto Rico or 12 the Virgin Islands, and 13 (B) any corporation which is organized 14 under the laws of Puerto Rico or the Virgin Is- 15 lands. 16 (6) SECRETARY OF THE TREASURY.—Any ref- 17 erence in this subsection to the Secretary of the 18 Treasury shall be treated as including the Sec- 19 retary’s delegate. 20 (b) APPROPRIATIONS.—For fiscal year 2018, there is 21 hereby appropriated to the Secretary of the Treasury 22 $16,800,000, to remain available until expended, to carry 23 out the purposes of this section. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 31 •HR 4782 IH Subtitle C—Transportation, Hous- 1 ing, and Agriculture Incentives 2 SEC. 121. GENERAL PROVISIONS. 3 (a) WAIVER OF NON-FEDERAL SHARE.—Notwith- 4 standing any other provision of law, the non-Federal share 5 of the cost of any program or activity carried out using 6 funds provided under this subtitle shall be zero. 7 (b) MAINTENANCE OF FUNDING; ADMINISTRATIVE 8 EXPENSES.— 9 (1) MAINTENANCE OF FUNDING.—The funding 10 provided to any program or account under this sub- 11 title shall supplement (and not supplant) any fund- 12 ing provided for that program or account under any 13 other provision of law. 14 (2) ADMINISTRATIVE EXPENSES.—Notwith- 15 standing any other provision of law (including regu- 16 lations), of any funds provided for a program or ac- 17 count under this subtitle, the applicable Federal de- 18 partment or agency head may use such percentage 19 for administrative expenses as is established by the 20 limitation for administrative expenses in applicable 21 laws (including regulations) relating to the program 22 or activity. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 32 •HR 4782 IH SEC. 122. HIGHWAY PROGRAM. 1 (a) FUNDING.—Out of funds of the Treasury not oth- 2 erwise appropriated, there is appropriated to the Secretary 3 of Transportation $4,500,000,000 for fiscal year 2018, to 4 remain available until expended, of which— 5 (1) $3,000,000,000 shall be made available to 6 carry out the Puerto Rico Highway Program under 7 section 165(b) of title 23, United States Code; and 8 (2) $1,500,000,000 shall be made available to 9 carry out the territorial highway program in the Vir- 10 gin Islands under section 165(c) of title 23, United 11 States Code. 12 (b) CONFORMING AMENDMENTS.—Section 165(a) of 13 title 23, United States Code, is amended— 14 (1) in paragraph (1), by striking 15 ‘‘$158,000,000’’ and inserting ‘‘$3,158,000,000’’; 16 and 17 (2) in paragraph (2), by striking 18 ‘‘$42,000,000’’ and inserting ‘‘$1,542,000,000’’. 19 SEC. 123. FEDERAL-AID HIGHWAY EMERGENCY RELIEF 20 PROGRAM. 21 (a) IN GENERAL.—Section 125(d) of title 23, United 22 States Code, is amended— 23 (1) by striking paragraph (4); and 24 (2) by redesignating paragraph (5) as para- 25 graph (4). 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 33 •HR 4782 IH (b) FUNDING.—Out of funds of the Treasury not oth- 1 erwise appropriated, there is appropriated to the emer- 2 gency fund established under section 125 of title 23, 3 United States Code, $2,122,000,000 for fiscal year 2018, 4 to remain available until expended, for the repair or recon- 5 struction of highways, roads, and trails in Puerto Rico and 6 the Virgin Islands. 7 SEC. 124. PUBLIC TRANSPORTATION EMERGENCY RELIEF 8 PROGRAM. 9 Out of funds of the Treasury not otherwise appro- 10 priated, there is appropriated $424,000,000 for fiscal year 11 2018, to remain available until expended, to the Secretary 12 of Transportation for the ‘‘Public Transportation Emer- 13 gency Relief Program’’ as authorized under section 5324 14 of title 49, United States Code, for recovery and relief ef- 15 forts in Puerto Rico and the Virgin Islands: Provided, 16 That not more than three-quarters of 1 percent of the 17 funds retained for public transportation emergency relief 18 shall be available for the purposes of administrative ex- 19 penses and ongoing program management oversight as au- 20 thorized under sections 5334 and 5338(f)(2) of title 49, 21 United States Code, and shall be in addition to any other 22 appropriations for such purposes. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 34 •HR 4782 IH SEC. 125. TIGER DISCRETIONARY GRANTS. 1 (a) DEFINITION OF TIGER DISCRETIONARY 2 GRANT.—In this section, the term ‘‘TIGER discretionary 3 grant’’ means a grant awarded and administered by the 4 Secretary of Transportation using funds made available 5 for national infrastructure investments under title I of di- 6 vision L of the Consolidated Appropriations Act, 2016 7 (Public Law 114–113; 129 Stat. 2835). 8 (b) REQUIREMENT.—Out of funds of the Treasury 9 not otherwise appropriated, there is appropriated to the 10 Secretary of Transportation $250,000,000 for fiscal year 11 2018, to remain available until expended, to award 12 TIGER discretionary grants for eligible programs and ac- 13 tivities in Puerto Rico and the Virgin Islands. 14 SEC. 126. PASSENGER AND FREIGHT RAIL IMPROVEMENTS. 15 (a) FUNDING.—Out of funds of the Treasury not oth- 16 erwise appropriated, there is appropriated to the Secretary 17 of Transportation $600,000,000 for fiscal year 2018, to 18 remain available until expended, for planning and capital 19 costs to build, improve, or expand passenger and freight 20 rail projects in Puerto Rico under titles 23 and 49, United 21 States Code. 22 (b) ELIGIBLE USES.—Of the amounts made available 23 for each fiscal year under subsection (a)— 24 (1) not more than 15 percent may be used for 25 temporary operating assistance for such rail and 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 35 •HR 4782 IH transit projects as the Secretary of Transportation 1 determines to be eligible; and 2 (2) not more than 50 percent may be allocated 3 to another transportation capital investment account 4 funded under this Act, on approval of the Secretary 5 of Transportation. 6 SEC. 127. AIRPORT IMPROVEMENT PROGRAM. 7 Out of funds of the Treasury not otherwise appro- 8 priated, there is appropriated to the Secretary of Trans- 9 portation $200,000,000 for fiscal year 2018, to remain 10 available until expended, to make grants under the Airport 11 Improvement Program under subchapter I of chapter 471 12 of title 49, United States Code, for eligible programs and 13 activities in Puerto Rico and the Virgin Islands. 14 SEC. 128. AIRPORT FACILITIES AND EQUIPMENT. 15 Out of funds of the Treasury not otherwise appro- 16 priated, there is appropriated to the Facilities and Equip- 17 ment Account of the Federal Aviation Administration 18 $200,000,000 for fiscal year 2018, to remain available 19 until expended, for expenses in Puerto Rico and the Virgin 20 Islands, including expenses related to the consequences of 21 Hurricanes Maria and Irma in Puerto Rico and the Virgin 22 Islands. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 36 •HR 4782 IH SEC. 129. CLEAN AND SAFE WATER REVOLVING FUNDS. 1 Out of funds of the Treasury not otherwise appro- 2 priated, there is appropriated to the Administrator of the 3 Environmental Protection Agency for fiscal year 2018— 4 (1) $125,000,000, to remain available until ex- 5 pended, to make capitalization grants to Puerto Rico 6 and the Virgin Islands for the purpose of estab- 7 lishing and maintaining water pollution control re- 8 volving funds under title VI of the Federal Water 9 Pollution Control Act (33 U.S.C. 1381 et seq.); and 10 (2) $125,000,000, to remain available until ex- 11 pended, to make capitalization grants to Puerto Rico 12 and the Virgin Islands for the purpose of estab- 13 lishing and maintaining drinking water treatment 14 revolving loan funds under section 1452(a) of the 15 Safe Drinking Water Act (42 U.S.C. 300j–12(a)). 16 SEC. 130. CONSTRUCTION OF FERRY BOATS AND FERRY 17 TERMINAL FACILITIES. 18 Out of funds of the Treasury not otherwise appro- 19 priated, there is appropriated to the Secretary of Trans- 20 portation $25,000,000 for fiscal year 2018, to remain 21 available until expended, for the construction of ferry 22 boats and ferry terminal facilities in Puerto Rico and the 23 Virgin Islands under section 147 of title 23, United States 24 Code. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 37 •HR 4782 IH SEC. 131. CORPS OF ENGINEERS FUNDS. 1 (a) CONSTRUCTION ACCOUNT.—Out of funds of the 2 Treasury not otherwise appropriated, there is appro- 3 priated to the Construction Account of the Corps of Engi- 4 neers $3,255,000,000 for fiscal year 2018, to remain 5 available until expended, for authorized navigation, coastal 6 storm and riverine flood damage reduction, ecosystem res- 7 toration, and environmental infrastructure assistance ac- 8 tivities, of which— 9 (1) $1,830,000,000 is for such activities in 10 Puerto Rico, with priority given to dredging the 11 Can˜o Martı´n Pen˜a; and 12 (2) $1,425,000,000 is for such activities in the 13 Virgin Islands. 14 (b) OPERATIONS AND MAINTENANCE ACCOUNT.— 15 Out of funds of the Treasury not otherwise appropriated, 16 there is appropriated to the Operations and Maintenance 17 Account of the Corps of Engineers $375,000,000 for fiscal 18 year 2018, to remain available until expended, for eligible 19 operations and maintenance costs of coastal harbors and 20 channels, and for inland harbors, to improve the move- 21 ment of goods through marine ports in Puerto Rico and 22 the Virgin Islands. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 38 •HR 4782 IH SEC. 132. PREDISASTER HAZARD MITIGATION AND RESIL- 1 IENCY. 2 Out of funds of the Treasury not otherwise appro- 3 priated, there is appropriated to the Director of the Fed- 4 eral Emergency Management Agency $250,000,000 for 5 fiscal year 2018, to remain available until expended, to 6 carry out in Puerto Rico and the Virgin Islands minor lo- 7 calized flood reduction projects and major flood risk re- 8 duction projects under the predisaster hazard mitigation 9 program under section 203 of the Robert T. Stafford Dis- 10 aster Relief and Emergency Assistance Act (42 U.S.C. 11 5133). 12 SEC. 133. BROADBAND PROGRAMS. 13 (a) BROADBAND INITIATIVES PROGRAM.—Out of 14 funds of the Treasury not otherwise appropriated, there 15 is appropriated $150,000,000 for fiscal year 2018, to re- 16 main available until expended, for the broadband initia- 17 tives program established under title VI of the Rural Elec- 18 trification Act of 1936 (7 U.S.C. 950bb et seq.) to expand 19 access to, and the quality of, broadband service across 20 Puerto Rico and the Virgin Islands, with preference given 21 to— 22 (1) public or cooperatively owned telecommuni- 23 cations systems; or 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 39 •HR 4782 IH (2) telecommunications systems that provide 1 telehealth, distance learning, and public safety bene- 2 fits. 3 (b) BROADBANDUSA PROGRAM.—Out of funds of 4 the Treasury not otherwise appropriated, there is appro- 5 priated $150,000,000 for fiscal year 2018, to remain 6 available until expended, to the National Telecommuni- 7 cations and Information Administration to carry out the 8 BroadbandUSA program in Puerto Rico and the Virgin 9 Islands, with preference given to— 10 (1) public or cooperatively owned telecommuni- 11 cations systems; or 12 (2) telecommunications systems that provide 13 telehealth, distance learning, and public safety bene- 14 fits. 15 SEC. 134. HOUSING AND COMMUNITY DEVELOPMENT. 16 (a) HOME INVESTMENT PARTNERSHIPS PRO- 17 GRAM.— 18 (1) ALL PARTICIPATING JURISDICTIONS.—Out 19 of funds of the Treasury not otherwise appropriated, 20 there is appropriated $85,000,000 for fiscal year 21 2018, to remain available until expended, for the 22 HOME Investment Partnerships program authorized 23 under title II of the Cranston-Gonzalez National Af- 24 fordable Housing Act (42 U.S.C. 12721 et seq.)— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 40 •HR 4782 IH (A) to be allocated between Puerto Rico 1 and the Virgin Islands in the same proportion 2 as for the most recent fiscal year; and 3 (B) of which the amount allocated to Puer- 4 to Rico under subparagraph (A) shall be allo- 5 cated proportionately among participating juris- 6 dictions in Puerto Rico in accordance with the 7 allocation among such jurisdictions for the most 8 recent fiscal year. 9 (2) CAN˜O MARTI´N PEN˜A COMMUNITIES.—Out of 10 funds of the Treasury not otherwise appropriated, in 11 addition to the amount appropriated under para- 12 graph (1), there is appropriated $15,000,000 for fis- 13 cal year 2018, to remain available until expended, 14 for the HOME Investment Partnerships program 15 authorized under title II of the Cranston-Gonzalez 16 National Affordable Housing Act (42 U.S.C. 12721 17 et seq.) to be allocated to the HOME Investment 18 Partnership Program of the Municipality of San 19 Juan for use by the Can˜o Martı´n Pen˜a Community 20 Land Trust (also known as ‘‘El Fedeicomiso de la 21 Tierra del Can˜o Martı´n Pen˜a’’) to create, improve, 22 and rehabilitate affordable housing in the 8 Can˜o 23 Martı´n Pen˜a communities, including for the costs of 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 41 •HR 4782 IH relocating homes from the banks of the channel to 1 other locations in the community. 2 (b) COMMUNITY DEVELOPMENT BLOCK GRANT PRO- 3 GRAM.— 4 (1) ALL JURISDICTIONS.—Out of funds of the 5 Treasury not otherwise appropriated, there is appro- 6 priated $300,000,000 for fiscal year 2018, to remain 7 available until expended, for the community develop- 8 ment block grant program under title I of the Hous- 9 ing and Community Development Act of 1974 (42 10 U.S.C. 5301 et seq.)— 11 (A) to be allocated between Puerto Rico 12 and the Virgin Islands in the same proportion 13 as for the most recent fiscal year; and 14 (B) of which the amount allocated to Puer- 15 to Rico under subparagraph (A) shall be allo- 16 cated proportionately among entitlement com- 17 munities and nonentitlement communities in 18 Puerto Rico in accordance with the allocation 19 among such communities for the most recent 20 fiscal year. 21 (2) CAN˜O MARTI´N PEN˜A COMMUNITIES.—Out of 22 funds of the Treasury not otherwise appropriated, in 23 addition to the amount appropriated under para- 24 graph (1), there is appropriated $25,000,000 for fis- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 42 •HR 4782 IH cal year 2018, to remain available until expended, 1 for the community development block grant program 2 under title I of the Housing and Community Devel- 3 opment Act of 1974 (42 U.S.C. 5301 et seq.) to be 4 allocated to the Municipality of San Juan for use by 5 the Martı´n Pen˜a Canal ENLACE Project Corpora- 6 tion (also known as ‘‘La Corporacio´n del Proyecto 7 ENLACE del Can˜o Martı´n Pen˜a’’) for housing, 8 community, and economic development in the 8 9 Can˜o Martı´n Pen˜a communities. 10 (c) LOW-INCOME HOUSING OPERATING SUBSIDY.— 11 Out of funds of the Treasury not otherwise appropriated, 12 there is appropriated $41,200,000 for fiscal year 2018, 13 to remain available until expended, for payments to public 14 housing agencies for the operation and management of 15 public housing, as authorized under section 9(e) of the 16 United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 17 of which— 18 (1) $40,000,000 is for such payments to public 19 housing agencies in Puerto Rico; and 20 (2) $1,200,000 is for such payments to public 21 housing agencies in the Virgin Islands. 22 (d) CHOICE NEIGHBORHOODS PROGRAM.—Out of 23 funds of the Treasury not otherwise appropriated, there 24 is appropriated $172,000,000 for fiscal year 2018, to re- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 43 •HR 4782 IH main available until expended, for competitive grants 1 under the Choice Neighborhoods Initiative of the Depart- 2 ment of Housing and Urban Development for trans- 3 formation, rehabilitation, and replacement housing needs 4 of both public housing and Department of Housing and 5 Urban Development-assisted housing and to transform 6 neighborhoods of poverty into functioning, sustainable 7 mixed income neighborhoods with appropriate services, 8 schools, public assets, transportation, and access to jobs, 9 of which— 10 (1) $167,000,000 is for grants for such pur- 11 poses in Puerto Rico; and 12 (2) $5,000,000 is for grants for such purposes 13 in the Virgin Islands. 14 (e) SECTION 8 ADMINISTRATIVE FEES.—Out of 15 funds of the Treasury not otherwise appropriated, there 16 is appropriated $47,600,000 for fiscal year 2018, to re- 17 main available until expended, for administrative and 18 other expenses of public housing agencies in administering 19 the tenant-based rental assistance program under section 20 8 of the United States Housing Act of 1947 (42 U.S.C. 21 1437f) in Puerto Rico and the Virgin Islands, of which— 22 (1) $46,200,000 is for such expenses in Puerto 23 Rico; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 44 •HR 4782 IH (2) $1,400,000 is for such expenses in the Vir- 1 gin Islands. 2 (f) PUBLIC HOUSING CAPITAL FUND.—Out of funds 3 of the Treasury not otherwise appropriated, there is ap- 4 propriated $687,000,000 for fiscal year 2018, to remain 5 available until expended, for the Public Housing Capital 6 Fund Program of the Department of Housing and Urban 7 Development to carry out capital and management activi- 8 ties for public housing agencies, as authorized under sec- 9 tion 9 of the United States Housing Act of 1937 (42 10 U.S.C. 1437g), of which— 11 (1) $667,000,000 is for such activities in Puer- 12 to Rico; and 13 (2) $20,000,000 is for such activities in the 14 Virgin Islands. 15 (g) EMERGENCY SOLUTIONS GRANTS.—Out of funds 16 of the Treasury not otherwise appropriated, there is ap- 17 propriated $102,000,000 for fiscal year 2018, to remain 18 available until expended, for assistance to Puerto Rico and 19 the Virgin Islands under the Emergency Solutions Grant 20 Program under subtitle B of title IV of the McKinney- 21 Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), 22 of which— 23 (1) $99,000,000 is for assistance to Puerto 24 Rico; and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 45 •HR 4782 IH (2) $3,000,000 is for assistance to the Virgin 1 Islands. 2 SEC. 135. OVERSIGHT. 3 (a) PLANNING PROCESS.—Puerto Rico and the Vir- 4 gin Islands may not receive any funds under this subtitle, 5 unless Puerto Rico and the Virgin Islands undertake a 6 planning process, administered by the respective regu- 7 latory drinking and waste water and service commissions, 8 for the water system of Puerto Rico and the Virgin Is- 9 lands, respectively. 10 (b) REQUIREMENTS.—The planning process required 11 under subsection (a) shall— 12 (1) contain an assessment of the current water 13 needs of the customer classes and future, moderniza- 14 tion and resiliency needs of a rebuilt drinking and 15 waste water system; 16 (2) describe a transparent and participatory 17 process to evaluate and determine the potential op- 18 tions for meeting the above needs; and 19 (3) include recommendations for where funds 20 should be directed for accomplishing the goals de- 21 scribed in paragraphs (1) and (2). 22 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 46 •HR 4782 IH TITLE II—MEDICAID AND 1 MEDICARE PARITY 2 Subtitle A—Medicaid 3 SEC. 201. ELIMINATION OF GENERAL MEDICAID FUNDING 4 LIMITATIONS (‘‘CAP’’) FOR TERRITORIES. 5 (a) IN GENERAL.—Section 1108 of the Social Secu- 6 rity Act (42 U.S.C. 1308) is amended— 7 (1) in subsection (f), in the matter preceding 8 paragraph (1), by striking ‘‘subsection (g)’’ and in- 9 serting ‘‘subsections (g) and (h)’’; 10 (2) in subsection (g)(2), in the matter pre- 11 ceding subparagraph (A), by inserting ‘‘subsection 12 (h)’’ after ‘‘subject to’’; and 13 (3) by adding at the end the following new sub- 14 section: 15 ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITATIONS 16 FOR PUERTO RICO, THE VIRGIN ISLANDS OF THE 17 UNITED STATES, GUAM, THE NORTHERN MARIANA IS- 18 LANDS, AND AMERICAN SAMOA.—Subsections (f) and (g) 19 shall not apply to Puerto Rico, the Virgin Islands of the 20 United States, Guam, the Northern Mariana Islands, and 21 American Samoa beginning with fiscal year 2019.’’. 22 (b) CONFORMING AMENDMENTS.— 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 47 •HR 4782 IH (1) Section 1902(j) of the Social Security Act 1 (42 U.S.C. 1396a(j)) is amended by striking ‘‘, the 2 limitation in section 1108(f),’’. 3 (2) Section 1903(u) of the Social Security Act 4 (42 U.S.C. 1396b(u)) is amended by striking para- 5 graph (4). 6 (3) Section 1323(c)(1) of the Patient Protection 7 and Affordable Care Act (42 U.S.C. 18043(c)(1)) is 8 amended by striking ‘‘2019’’ and inserting ‘‘2018’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this section shall apply beginning with fiscal year 2019. 11 SEC. 202. ELIMINATION OF SPECIFIC FEDERAL MEDICAL 12 ASSISTANCE PERCENTAGE (FMAP) LIMITA- 13 TION FOR TERRITORIES; TEMPORARILY IN- 14 CREASING THE FMAP FOR PUERTO RICO AND 15 THE VIRGIN ISLANDS TO 100 PERCENT. 16 Section 1905(b) of the Social Security Act (42 U.S.C. 17 1396d(b)) is amended— 18 (1) in clause (2), by inserting ‘‘for fiscal years 19 before fiscal year 2019’’ after ‘‘American Samoa’’; 20 and 21 (2) by adding at the end the following new sen- 22 tence: ‘‘Notwithstanding the first sentence of this 23 subsection, for each of fiscal years 2018 and 2019, 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 48 •HR 4782 IH the Federal medical assistance percentage for Puerto 1 Rico and the Virgin Islands shall be 100 percent.’’. 2 SEC. 203. APPLICATION OF MEDICAID WAIVER AUTHORITY 3 TO ALL OF THE TERRITORIES. 4 (a) IN GENERAL.—Section 1902(j) of the Social Se- 5 curity Act (42 U.S.C. 1396a(j)) is amended— 6 (1) by striking ‘‘American Samoa and the 7 Northern Mariana Islands’’ and inserting ‘‘Puerto 8 Rico, the Virgin Islands of the United States, Guam, 9 the Northern Mariana Islands, and American 10 Samoa’’; 11 (2) by striking ‘‘American Samoa or the North- 12 ern Mariana Islands’’ and inserting ‘‘Puerto Rico, 13 the Virgin Islands of the United States, Guam, the 14 Northern Mariana Islands, or American Samoa’’; 15 (3) by inserting ‘‘(1)’’ before ‘‘Notwith- 16 standing’’; 17 (4) by inserting ‘‘except as otherwise provided 18 in this subsection,’’ after ‘‘Notwithstanding any 19 other requirement of this title’’; and 20 (5) by adding at the end the following: 21 ‘‘(2) The Secretary may not waive under this sub- 22 section with respect to the medical assistance program of 23 any territory— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 49 •HR 4782 IH ‘‘(A) the requirement of subsection 1 (a)(10)(A)(i)(IX) (relating to coverage of adults for- 2 merly under foster care); 3 ‘‘(B) the requirement to provide medical assist- 4 ance for early and periodic screening, diagnostic, 5 and treatment services (as defined in section 6 1905(r)) for individuals who are eligible for assist- 7 ance under the program and who under the age of 8 21; or 9 ‘‘(C) the requirement to provide for payment 10 for services described in section 1905(a)(2)(C) fur- 11 nished by a Federally-qualified health center and 12 services described in section 1905(a)(2)(B) furnished 13 by a rural health clinic in accordance with the provi- 14 sions of subsection (bb).’’. 15 (b) EFFECTIVE DATE.—The amendments made by 16 this section shall apply beginning October 1, 2018. 17 SEC. 204. PERMITTING MEDICAID DSH ALLOTMENTS FOR 18 TERRITORIES. 19 Section 1923(f) of the Social Security Act (42 U.S.C. 20 1396) is amended— 21 (1) in paragraph (6), by adding at the end the 22 following new subparagraph: 23 ‘‘(C) TERRITORIES.— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 50 •HR 4782 IH ‘‘(i) FISCAL YEAR 2019.—For fiscal 1 year 2019, the DSH allotment for Puerto 2 Rico, the Virgin Islands of the United 3 States, Guam, the Northern Mariana Is- 4 lands, and American Samoa shall bear the 5 same ratio to $150,000,000 as the ratio of 6 the number of individuals who are low-in- 7 come or uninsured and residing in such re- 8 spective territory (as estimated from time 9 to time by the Secretary) bears to the 10 sums of the number of such individuals re- 11 siding in all of the territories. 12 ‘‘(ii) SUBSEQUENT FISCAL YEAR.— 13 For each subsequent fiscal year, the DSH 14 allotment for each such territory is subject 15 to an increase in accordance with para- 16 graph (2).’’; and 17 (2) in paragraph (9), by inserting before the pe- 18 riod at the end the following: ‘‘, and includes, begin- 19 ning with fiscal year 2019, Puerto Rico, the Virgin 20 Islands of the United States, Guam, the Northern 21 Mariana Islands, and American Samoa’’. 22 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 51 •HR 4782 IH Subtitle B—Medicare 1 PART I—PART A 2 SEC. 211. CALCULATION OF MEDICARE DSH PAYMENTS FOR 3 IPPS HOSPITALS IN PUERTO RICO. 4 Section 1886(d)(9)(D)(iii) of the Social Security Act 5 (42 U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as 6 follows: 7 ‘‘(iii) Subparagraph (F) (relating to dispropor- 8 tionate share payments), including application of 9 subsection (r), except that for this purpose— 10 ‘‘(I) the sum described in clause (ii) of this 11 subparagraph shall be substituted for the sum 12 referred to in paragraph (5)(F)(ii)(I); and 13 ‘‘(II) for discharges occurring on or after 14 October 1, 2017, subclause (I) of paragraph 15 (5)(F)(vi) shall be applied by substituting for 16 the numerator described in such subclause the 17 number of subsection (d) Puerto Rico hospital’s 18 patient days for the cost reporting period in- 19 volved which were made up of patients who (for 20 such days) were entitled to benefits under part 21 A of this title and were— 22 ‘‘(aa) entitled to supplementary secu- 23 rity income benefits (excluding any State 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 52 •HR 4782 IH supplementation) under title XVI of this 1 Act; 2 ‘‘(bb) eligible for medical assistance 3 under a State plan under title XIX; or 4 ‘‘(cc) receiving aid or assistance under 5 any plan of the State approved under title 6 I, X, XIV, or XVI.’’. 7 SEC. 212. REBASING TARGET AMOUNT FOR HOSPITALS IN 8 TERRITORIES. 9 Section 1886(b)(3) of the Social Security Act (42 10 U.S.C. 1395ww(b)(3)) is amended by adding at the end 11 the following new subparagraph: 12 ‘‘(M)(i) For each cost reporting period be- 13 ginning on or after October 1, 2017, in the case 14 of a hospital located in a territory of the United 15 States, there shall be substituted for the target 16 amount otherwise determined under subpara- 17 graph (A) the rebased target amount (as de- 18 fined in clause (ii)), if such substitution results 19 in an amount of payment under this section to 20 the hospital for such period that is greater than 21 the amount of payment that would be made 22 under this section to the hospital for such pe- 23 riod if this subparagraph were not to apply. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 53 •HR 4782 IH ‘‘(ii) For purposes of this subparagraph, 1 the term ‘rebased target amount’ has the mean- 2 ing given the term ‘target amount’ in subpara- 3 graph (A), except that— 4 ‘‘(I) there shall be substituted for the 5 base cost reporting period the 12-month 6 cost reporting period beginning during fis- 7 cal year 2015; 8 ‘‘(II) any reference in subparagraph 9 (A)(i) to the ‘first such cost reporting pe- 10 riod’ is deemed a reference to the first cost 11 reporting period beginning on or after Oc- 12 tober 1, 2017; and 13 ‘‘(III) the applicable percentage in- 14 crease shall only be applied under subpara- 15 graph (B)(ii) for cost reporting periods be- 16 ginning on or after October 1, 2017. 17 ‘‘(iii) Nothing in this subparagraph shall 18 affect any rebasing request by a hospital for 19 any cost reporting period beginning during a 20 fiscal year before fiscal year 2015.’’. 21 SEC. 213. MEDICARE DSH TARGET ADJUSTMENT FOR HOS- 22 PITALS IN TERRITORIES. 23 Section 1886(b)(3) of the Social Security Act (42 24 U.S.C. 1395ww(b)(3)), as amended by section 212, is 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 54 •HR 4782 IH amended by adding at the end the following new subpara- 1 graph: 2 ‘‘(N)(i) For each cost reporting period be- 3 ginning on or after October 1, 2017, in the case 4 of a hospital that is located in a territory of the 5 United States other than Puerto Rico and that 6 would be a subsection (d) hospital if it were lo- 7 cated in one of the 50 States, the target 8 amount shall be increased by— 9 ‘‘(I) in the case that such hospital has 10 a disproportionate patient percentage of 11 not less than 15 percent and not greater 12 than 40 percent, 10 percent; and 13 ‘‘(II) in the case that such hospital 14 has a disproportionate patient percentage 15 of greater than 40 percent, 10 percent plus 16 60 percent of the number of percentage 17 points by which such hospital’s dispropor- 18 tionate patient percentage exceeds 40 per- 19 cent. 20 ‘‘(ii) For purposes of this subparagraph, 21 the term ‘disproportionate patient percentage’ 22 has the meaning given such term in subsection 23 (d)(5)(F)(vi), except that in applying such 24 meaning any reference under such subsection to 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 55 •HR 4782 IH individuals entitled to supplementary security 1 income under title XVI shall be deemed for pur- 2 poses of this subparagraph to include individ- 3 uals— 4 ‘‘(I) eligible for medical assistance 5 under a State plan under title XIX; or 6 ‘‘(II) receiving aid or assistance under 7 any plan of the territory approved under 8 title I, X, XIV, or XVI.’’. 9 PART II—PART B 10 SEC. 221. APPLICATION OF PART B DEEMED ENROLLMENT 11 PROCESS TO RESIDENTS OF PUERTO RICO; 12 SPECIAL ENROLLMENT PERIOD AND LIMIT 13 ON LATE ENROLLMENT PENALTIES. 14 (a) APPLICATION OF PART B DEEMED ENROLLMENT 15 PROCESS TO RESIDENTS OF PUERTO RICO.—Section 16 1837(f)(3) of the Social Security Act (42 U.S.C. 17 1395p(f)(3)) is amended by striking ‘‘, exclusive of Puerto 18 Rico’’. 19 (b) EFFECTIVE DATE.—The amendment made by 20 subsection (a) shall apply to individuals whose initial en- 21 rollment period under section 1837(d) of the Social Secu- 22 rity Act begins on or after the first day of the effective 23 month, specified by the Secretary of Health and Human 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 56 •HR 4782 IH Services under section 1839(j)(1)(C) of such Act, as added 1 by subsection (c)(2). 2 (c) TRANSITION PROVIDING SPECIAL ENROLLMENT 3 PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES 4 FOR CERTAIN MEDICARE BENEFICIARIES.—Section 1839 5 of the Social Security Act (42 U.S.C. 1395r) is amend- 6 ed— 7 (1) in the first sentence of subsection (b), by in- 8 serting ‘‘subject to section 1839(j)(2),’’ after ‘‘sub- 9 section (i)(4) or (l) of section 1837,’’; and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS OF 13 PUERTO RICO.— 14 ‘‘(1) SPECIAL ENROLLMENT PERIOD, COVERAGE 15 PERIOD FOR RESIDENTS WHO ARE ELIGIBLE BUT 16 NOT ENROLLED.— 17 ‘‘(A) IN GENERAL.—In the case of a tran- 18 sition individual (as defined in paragraph (3)) 19 who is not enrolled under this part as of the 20 day before the first day of the effective month 21 (as defined in subparagraph (C)), the Secretary 22 shall provide for a special enrollment period 23 under section 1837 of 7 months beginning with 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 57 •HR 4782 IH such effective month during which the indi- 1 vidual may be enrolled under this part. 2 ‘‘(B) COVERAGE PERIOD.—In the case of 3 such an individual who enrolls during such spe- 4 cial enrollment period, the coverage period 5 under section 1838 shall begin on the first day 6 of the second month after the month in which 7 the individual enrolls. 8 ‘‘(C) EFFECTIVE MONTH DEFINED.—In 9 this section, the term ‘effective month’ means a 10 month, not earlier than October 2018 and not 11 later than January 2019, specified by the Sec- 12 retary. 13 ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- 14 ALTIES FOR CURRENT ENROLLEES AND INDIVID- 15 UALS ENROLLING DURING TRANSITION.— 16 ‘‘(A) IN GENERAL.—In the case of a tran- 17 sition individual who is enrolled under this part 18 as of the day before the first day of the effec- 19 tive month or who enrolls under this part on or 20 after the date of the enactment of this sub- 21 section but before the end of the special enroll- 22 ment period under paragraph (1)(A), the 23 amount of the late enrollment penalty imposed 24 under section 1839(b) shall be recalculated by 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 58 •HR 4782 IH reducing the penalty to 15 percent of the pen- 1 alty otherwise established. 2 ‘‘(B) APPLICATION.—Subparagraph (A) 3 shall be applied in the case of a transition indi- 4 vidual who— 5 ‘‘(i) is enrolled under this part as of 6 the month before the effective month, for 7 premiums for months beginning with such 8 effective month; or 9 ‘‘(ii) enrolls under this part on or 10 after the date of the enactment of this Act 11 and before the end of the special enroll- 12 ment period under paragraph (1)(A), for 13 premiums for months during the coverage 14 period under this part which occur during 15 or after the effective month. 16 ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL 17 TERMINATES ENROLLMENT.—Subparagraph 18 (A) shall not apply to a transition individual if 19 the individual terminates enrollment under this 20 part after the end of the special enrollment pe- 21 riod under paragraph (1). 22 ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In 23 this section, the term ‘transition individual’ means 24 an individual who resides in Puerto Rico and who 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 59 •HR 4782 IH would have been deemed enrolled under this part 1 pursuant to section 1837(f) before the first day of 2 the effective month but for the fact that the indi- 3 vidual was a resident of Puerto Rico, regardless of 4 whether the individual is enrolled under this part as 5 of such first day.’’. 6 PART III—MEDICARE ADVANTAGE (PART C) 7 SEC. 231. ADJUSTMENT IN BENCHMARK FOR LOW-BASE 8 PAYMENT COUNTIES IN PUERTO RICO. 9 Section 1853(n) of the Social Security Act (42 U.S.C. 10 1395w–103(n)) is amended— 11 (1) in paragraph (1), by striking ‘‘and (5)’’ and 12 inserting ‘‘, (5), and (6)’’; 13 (2) in paragraph (4), by striking ‘‘In no case’’ 14 and inserting ‘‘Subject to paragraph (6), in no 15 case’’; and 16 (3) by adding at the end the following new 17 paragraph: 18 ‘‘(6) SPECIAL RULES FOR BLENDED BENCH- 19 MARK AMOUNT FOR TERRITORIES.— 20 ‘‘(A) IN GENERAL.—Subject to paragraph 21 (2), the blended benchmark amount for an area 22 in a territory for a year (beginning with 2018) 23 shall not be less than 80 percent of the national 24 average of the base payment amounts specified 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 60 •HR 4782 IH in paragraph (2)(E) for such year for areas 1 within the 50 States and the District of Colum- 2 bia. 3 ‘‘(B) LIMITATION.—In no case shall the 4 blended benchmark amount for an area in a 5 territory for a year under subparagraph (A) ex- 6 ceed the lowest blended benchmark amount for 7 any area within the 50 States and the District 8 of Columbia for such year.’’. 9 PART IV—PART D 10 SEC. 241. IMPROVED USE OF ALLOCATED PRESCRIPTION 11 DRUG FUNDS BY TERRITORIES. 12 Section 1935(e) of the Social Security Act (42 U.S.C. 13 1396u–5(e)) is amended by adding at the end the fol- 14 lowing new paragraph: 15 ‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN- 16 COME PART D ELIGIBLE INDIVIDUALS.—This sub- 17 section shall be applied beginning with fiscal year 18 2018 as follows, notwithstanding any other provision 19 of this title: 20 ‘‘(A) CLARIFYING STATE FLEXIBILITY TO 21 COVER NON-DUAL-ELIGIBLE INDIVIDUALS.—In 22 this title, the term ‘medical assistance’ includes 23 financial assistance furnished by a State under 24 this subsection to part D eligible individuals 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 61 •HR 4782 IH who, if they were residing in one of the 50 1 States or the District of Columbia, would qual- 2 ify as subsidy eligible individuals under section 3 1860D–14(a)(3), and without regard to wheth- 4 er such individuals otherwise qualify for medical 5 assistance under this title. 6 ‘‘(B) 100 PERCENT FMAP TO REFLECT NO 7 STATE MATCHING REQUIRED FOR PART D LOW- 8 INCOME SUBSIDIES.—The Federal medical as- 9 sistance percentage applicable to the assistance 10 furnished under this subsection is 100 percent. 11 ‘‘(C) LIMITED FUNDING FOR SPECIAL 12 RULES.—Subparagraphs (A) and (B), and the 13 provision of medical assistance for covered part 14 D drugs to low-income part D eligible individ- 15 uals for a State and period under this sub- 16 section, is limited to the amount specified in 17 paragraph (3) for such State and period, with- 18 out regard to the application of subsection (f) 19 or (g) of section 1108.’’. 20 SEC. 242. REPORT ON TREATMENT OF TERRITORIES 21 UNDER MEDICARE PART D. 22 Paragraph (4) of section 1935(e) of the Social Secu- 23 rity Act (42 U.S.C. 1396u–5(e)) is amended to read as 24 follows: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 62 •HR 4782 IH ‘‘(4) REPORT ON APPLICATION OF SUB- 1 SECTION.— 2 ‘‘(A) IN GENERAL.—Not later than Feb- 3 ruary 1, 2020, the Secretary shall submit to 4 Congress a report on the application of this 5 subsection during the period beginning with fis- 6 cal year 2006 and ending fiscal year 2019. 7 ‘‘(B) INFORMATION TO BE INCLUDED IN 8 REPORT.—Such report shall include— 9 ‘‘(i) program guidance issued by the 10 Secretary to implement this subsection; 11 ‘‘(ii) for each territory, information on 12 the increased amount under paragraph (3) 13 and how the territory has applied such 14 amount, including the territory’s program 15 design, expenditures, and number of indi- 16 viduals (and dual-eligible individuals) as- 17 sisted; and 18 ‘‘(iii) a description of differences be- 19 tween how such territories are treated 20 under part D of title XVIII and under this 21 title compared with the treatment of the 22 50 States and the District of Columbia 23 under such part and this title for different 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 63 •HR 4782 IH fiscal years within the period covered 1 under the report. 2 ‘‘(C) RECOMMENDATIONS.—Such report 3 shall include recommendations for improving 4 prescription drug coverage for low-income indi- 5 viduals in each territory, including rec- 6 ommendations regarding each of the following 7 alternative approaches: 8 ‘‘(i) Adjusting the aggregate amount 9 specified in paragraph (3)(B). 10 ‘‘(ii) Allowing residents of the terri- 11 tories to be subsidy eligible individuals 12 under section 1860D–14, notwithstanding 13 subsection (a)(3)(F) of such section, or 14 providing substantially equivalent low-in- 15 come prescription drug subsidies to such 16 residents.’’. 17 Subtitle C—Miscellaneous 18 SEC. 251. MODIFIED TREATMENT OF TERRITORIES WITH 19 RESPECT TO APPLICATION OF ACA ANNUAL 20 HEALTH INSURANCE PROVIDER FEES. 21 Section 9010 of the Patient Protection and Afford- 22 able Care Act (26 U.S.C. 4001 note prec.) is amended— 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 64 •HR 4782 IH (1) in subsection (b)(1), by inserting ‘‘subject 1 to subsection (j)(1),’’ after ‘‘With respect to each 2 covered entity,’’; and 3 (2) by striking subsection (j) and inserting the 4 following: 5 ‘‘(j) SPECIAL RULES FOR TREATMENT OF TERRI- 6 TORIES.— 7 ‘‘(1) IN GENERAL.—In applying this section 8 with respect to United States health risks located 9 outside of the 50 States or the District of Columbia 10 for years beginning with 2018— 11 ‘‘(A) the amount of the fee under sub- 12 section (b) shall be 50 percent of the amount 13 of the fee otherwise determined; 14 ‘‘(B) the Secretary shall deposit the 15 amount of such fees collected for each territory 16 into a separate account; and 17 ‘‘(C) amounts in such an account for a ter- 18 ritory for a year are appropriated and shall be 19 available to the territory in accordance with 20 paragraph (2). 21 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts made 22 available to a territory under paragraph (1)(C) with 23 respect to a territory for a year shall be made avail- 24 able to the territory, upon application of the terri- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 65 •HR 4782 IH tory to the Secretary of Health and Human Serv- 1 ices, only for the following purposes, as elected by 2 the territory in such application: 3 ‘‘(A) INCREASED PRESCRIPTION DRUG AS- 4 SISTANCE FOR LOW-INCOME PART D ELIGIBLE 5 INDIVIDUALS.—For increasing the amount of 6 funds made available to the territory under sec- 7 tion 1935(e)(3) of the Social Security Act (42 8 U.S.C. 1396u–5(e)(3)) for assistance for low-in- 9 come part D eligible individuals in obtaining 10 part D covered drugs. 11 ‘‘(B) SATISFYING STATE MEDICAID 12 MATCHING REQUIREMENT.—For purposes of 13 the territory meeting non-Federal matching re- 14 quirements imposed with respect to obtaining 15 Federal financial participation under title XIX 16 of the Social Security Act.’’. 17 SEC. 252. MEDICAID AND CHIP TERRITORY TRANSPARENCY 18 AND INFORMATION. 19 (a) PUBLICATION OF INFORMATION ON FEDERAL 20 EXPENDITURES UNDER MEDICAID AND CHIP IN THE 21 TERRITORIES.—Not later than 180 days after the date 22 of the enactment of this Act, the Secretary of Health and 23 Human Services shall publish, and periodically update, on 24 the Internet site of the Centers for Medicare & Medicaid 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 66 •HR 4782 IH Services information on Medicaid and CHIP carried out 1 in the territories of the United States. Such information 2 shall include, with respect to each such territory— 3 (1) the income levels established by the terri- 4 tory for purposes of eligibility of an individual to re- 5 ceive medical assistance under Medicaid or child 6 health assistance under CHIP; 7 (2) the number of individuals enrolled in Med- 8 icaid and CHIP in such territory; 9 (3) any State plan amendments in effect to 10 carry out Medicaid or CHIP in such territory; 11 (4) any waiver of the requirements of title XIX 12 or title XXI issued by the Secretary to carry out 13 Medicaid or CHIP in the territory, including a waiv- 14 er under section 1115 of the Social Security Act (42 15 U.S.C. 1315), any application for such a waiver, and 16 any documentation related to such application (in- 17 cluding correspondence); 18 (5) the amount of the Federal and non-Federal 19 share of expenditures under Medicaid and CHIP in 20 such territory; 21 (6) the systems in place for the furnishing of 22 health care items and services under Medicaid and 23 CHIP in such territory; 24 (7) the design of CHIP in such territory; and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 67 •HR 4782 IH (8) other information regarding the carrying 1 out of Medicaid and CHIP in the territory that is 2 published on such Internet site with respect to car- 3 rying out Medicaid and CHIP in each State and the 4 District of Columbia. 5 (b) DEFINITIONS.—In this section: 6 (1) CHIP.—The term ‘‘CHIP’’ means the 7 State Children’s Health Insurance Program under 8 title XXI of the Social Security Act. 9 (2) MEDICAID.—The term ‘‘Medicaid’’ means 10 the Medicaid program under title XIX of the Social 11 Security Act. 12 (3) TERRITORY.—The term ‘‘territory of the 13 United States’’ includes Puerto Rico, the Virgin Is- 14 lands, Guam, the Northern Mariana Islands, and 15 American Samoa. 16 SEC. 253. REPORT ON EXCLUSION OF TERRITORIES FROM 17 EXCHANGES. 18 (a) IN GENERAL.—Not later than February 1, 2020, 19 the Secretary of Health and Human Services shall submit 20 to Congress a report that details the adverse impacts in 21 each territory from the practical exclusion of the terri- 22 tories from the provisions of part II of subtitle D of title 23 I of the Patient Protection and Affordable Care Act inso- 24 far as such provisions provide for the establishment of an 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 68 •HR 4782 IH American Health Benefit Exchange or the administration 1 of a federally facilitated Exchange in each State and in 2 the District of Columbia for the purpose of making health 3 insurance more affordable and accessible for individuals 4 and small businesses. 5 (b) INFORMATION IN REPORT.—The report shall in- 6 clude information on the following: 7 (1) An estimate of the total number of unin- 8 sured and underinsured individuals residing in each 9 territory with respect to health insurance coverage. 10 (2) A description of the number of health insur- 11 ance issuers in each territory and the health insur- 12 ance plans these issuers offer. 13 (3) An estimate of the number of individuals re- 14 siding in each territory who are denied premium and 15 cost-sharing assistance that would otherwise be 16 available to them for obtaining health insurance cov- 17 erage through an Exchange if they resided in one of 18 the 50 States or in the District of Columbia. 19 (4) An estimate of the amount of Federal as- 20 sistance described in paragraph (3) that is not being 21 made available to residents of each territory. 22 (5) An estimate of the number of small employ- 23 ers in each territory that would be eligible to pur- 24 chase health insurance coverage through a Small 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 69 •HR 4782 IH Business Health Options Program (SHOP) Market- 1 place that would operate as part of an Exchange if 2 the employers were in one of the 50 States or in the 3 District of Columbia. 4 SEC. 254. ACCESS TO COVERAGE FOR INDIVIDUALS IN CER- 5 TAIN AREAS WITHOUT ANY AVAILABLE EX- 6 CHANGE PLANS. 7 Part 2 of subtitle D of title I of the Patient Protec- 8 tion and Affordable Care Act (42 U.S.C. 18031 et seq.) 9 is amended by adding at the end the following: 10 ‘‘SEC. 1314. ACCESS TO COVERAGE FOR INDIVIDUALS IN 11 CERTAIN AREAS WITHOUT ANY AVAILABLE 12 EXCHANGE PLANS. 13 ‘‘(a) IN GENERAL.— 14 ‘‘(1) COVERAGE THROUGH DC SHOP EX- 15 CHANGE.—Not later than 3 months after the date of 16 enactment of this section, the Secretary, in consulta- 17 tion with the Secretary of the Treasury and the Di- 18 rector of the Office of Personnel Management, shall 19 establish a mechanism to ensure that, for any plan 20 year beginning on or after the date described in sub- 21 section (d), any individual described in paragraph 22 (2) may enroll in health insurance coverage in the 23 small group market through the Exchange operating 24 in the District of Columbia, including the health in- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 70 •HR 4782 IH surance coverage that is available to Members of 1 Congress and congressional staff (as defined in sec- 2 tion 1312(d)(3)(D)). 3 ‘‘(2) INDIVIDUAL DESCRIBED.—An individual 4 described in this paragraph is any individual who— 5 ‘‘(A) is not eligible to enroll in an em- 6 ployer-sponsored health plan; and 7 ‘‘(B) resides in a possession of the United 8 States in which the Secretary certifies that no 9 qualified health plan is offered through an Ex- 10 change established under this title. 11 ‘‘(3) POSSESSION OF THE UNITED STATES.— 12 For purposes of this section, the term ‘possession of 13 the United States’ shall include such possessions as 14 are specified in section 937(a)(1) of the Internal 15 Revenue Code of 1986. 16 ‘‘(b) PREMIUM ASSISTANCE TAX CREDITS AND 17 COST-SHARING.—Any individual described in paragraph 18 (a)(2) who enrolls in health insurance coverage through 19 the Exchange operating in the District of Columbia pursu- 20 ant to subsection (a)(1) shall be eligible for any premium 21 tax credit under section 36B of the Internal Revenue Code 22 of 1986, or reduced cost-sharing under section 1402, that 23 the individual would otherwise be eligible for if enrolling 24 as a resident of the District of Columbia in health insur- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 71 •HR 4782 IH ance coverage in the individual market through the Ex- 1 change operating in the District of Columbia. 2 ‘‘(c) TREATMENT OF POSSESSIONS.— 3 ‘‘(1) PAYMENTS TO POSSESSIONS.— 4 ‘‘(A) MIRROR CODE POSSESSION.—The 5 Secretary of the Treasury shall periodically (but 6 not less frequently than annually) pay to each 7 possession of the United States with a mirror 8 code tax system amounts equal to the loss to 9 that possession by reason of the application of 10 this section (determined without regard to para- 11 graph (2)) with respect to taxable years begin- 12 ning after the date described in subsection (d). 13 Such amounts shall be determined by the Sec- 14 retary of the Treasury based on information 15 provided by the government of the respective 16 possession. 17 ‘‘(B) OTHER POSSESSIONS.—The Sec- 18 retary of the Treasury shall periodically (but 19 not less frequently than annually) pay to each 20 possession of the United States which does not 21 have a mirror code tax system amounts esti- 22 mated by the Secretary of the Treasury as 23 being equal to the aggregate benefits that would 24 have been provided to residents of such posses- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 72 •HR 4782 IH sion by reason of the application of this section 1 for any taxable years beginning after the date 2 described in subsection (d) if a mirror code tax 3 system had been in effect in such possession. 4 The preceding sentence shall not apply with re- 5 spect to any possession of the United States un- 6 less such possession has a plan, which has been 7 approved by the Secretary of the Treasury, 8 under which such possession will promptly dis- 9 tribute such payments to the residents of such 10 possession. 11 ‘‘(2) COORDINATION WITH CREDIT ALLOWED 12 AGAINST UNITED STATES INCOME TAXES.—No cred- 13 it shall be allowed against United States income 14 taxes for any taxable year under section 36B of the 15 Internal Revenue Code of 1986 to any person— 16 ‘‘(A) to whom a credit is allowed against 17 taxes imposed by the possession by reason of 18 this section (determined without regard to this 19 paragraph) for such taxable year, or 20 ‘‘(B) who is eligible for a payment under 21 a plan described in paragraph (1)(B) with re- 22 spect to such taxable year. 23 ‘‘(3) MIRROR CODE TAX SYSTEM.—For pur- 24 poses of this subsection, the term ‘mirror code tax 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 73 •HR 4782 IH system’ means, with respect to any possession of the 1 United States, the income tax system of such posses- 2 sion if the income tax liability of the residents of 3 such possession under such system is determined by 4 reference to the income tax laws of the United 5 States as if such possession were the United States. 6 ‘‘(4) TREATMENT OF PAYMENTS.—For pur- 7 poses of section 1324(b)(2) of title 31, United 8 States Code, or any similar rule of law, the pay- 9 ments under this subsection shall be treated in the 10 same manner as a refund due from the credit al- 11 lowed under section 36B of the Internal Revenue 12 Code of 1986. 13 ‘‘(d) DATE DESCRIBED.—The date described in this 14 subsection is the date on which the Secretary establishes 15 the mechanism described in subsection (a)(1).’’. 16 SEC. 255. EXTENSION OF FAMILY-TO-FAMILY HEALTH IN- 17 FORMATION CENTERS PROGRAM TO TERRI- 18 TORIES. 19 Section 501(c) of the Social Security Act (42 U.S.C. 20 701(c)) is amended— 21 (1) in paragraph (3)— 22 (A) in subparagraph (C), by striking ‘‘and 23 each fiscal year thereafter, such centers shall be 24 developed in all States’’ and inserting ‘‘and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 74 •HR 4782 IH each fiscal year thereafter through fiscal year 1 2017, such centers shall be developed in each of 2 the 50 States and the District of Columbia’’; 3 and 4 (B) by adding at the end the following new 5 subparagraph: 6 ‘‘(D) With respect to fiscal year 2018 and 7 each fiscal year thereafter, such centers shall be 8 developed in each State (as defined for purposes 9 of this title).’’; and 10 (2) by striking paragraph (5). 11 SEC. 256. TEMPORARY INCREASE IN SOCIAL SERVICES 12 BLOCK GRANT ALLOTMENTS FOR PUERTO 13 RICO AND THE VIRGIN ISLANDS. 14 (a) IN GENERAL.—For the purpose of increasing the 15 allotments for Puerto Rico and the Virgin Islands for fis- 16 cal year 2018 under section 2003 of the Social Security 17 Act (42 U.S.C. 1397b) in accordance with subsection (b), 18 there is appropriated $138,600,000 for fiscal year 2018. 19 (b) ALLOTMENTS.— 20 (1) IN GENERAL.—From the amount appro- 21 priated under subsection (a), the Secretary of 22 Health and Human Services shall increase the 23 amount of the allotments for Puerto Rico and the 24 Virgin Islands for fiscal year 2018 under section 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 75 •HR 4782 IH 2003 of the Social Security Act (42 U.S.C. 1 1397b)— 2 (A) in the case of Puerto Rico, by 3 $126,000,000; and 4 (B) in the case of the Virgin Islands, by 5 $12,600,000. 6 (2) NO EFFECT ON ALLOTMENTS TO OTHER 7 STATES.—The increase to the allotments for fiscal 8 year 2018 for Puerto Rico and the Virgin Islands 9 under paragraph (1)— 10 (A) shall be made after the determination 11 of the allotments for Puerto Rico and the Vir- 12 gin Islands for fiscal year 2018 under section 13 2003 of the Social Security Act (42 U.S.C. 14 1397b); and 15 (B) shall not affect the amount of the al- 16 lotment determined for fiscal year 2018 for any 17 other State under such section. 18 (c) SPECIAL RULES.— 19 (1) Notwithstanding section 2002(c) of the So- 20 cial Security Act (42 U.S.C. 1397a(c)), the increase 21 in the allotments for Puerto Rico and the Virgin Is- 22 lands for fiscal year 2018 shall remain available 23 until expended, without fiscal year limitation. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 76 •HR 4782 IH (2) Paragraphs (1) and (4) of section 2005(a) 1 of the Social Security Act (42 U.S.C. 1397d(a)) 2 shall not apply to the increase in the allotments for 3 Puerto Rico and the Virgin Islands for fiscal year 4 2018 under subsection (b). 5 TITLE III—AGRICULTURE 6 SEC. 301. RURAL UTILITIES SERVICE PROGRAMS. 7 (a) WATER AND ENVIRONMENTAL PROGRAMS.—Out 8 of funds of the Treasury not otherwise appropriated, there 9 is appropriated to the Administrator of the Rural Utilities 10 Service $284,000,000 for fiscal year 2018, to remain 11 available until expended, to provide for eligible programs 12 and activities in Puerto Rico and the Virgin Islands— 13 (1) water or waste disposal grants under sec- 14 tion 306(a)(2) of the Consolidated Farm and Rural 15 Development Act (7 U.S.C. 1926(a)(2)); 16 (2) rural water or wastewater technical assist- 17 ance and training grants under section 306(a)(14) 18 of that Act (7 U.S.C. 1926(a)(14)); 19 (3) emergency community water assistance 20 grants under section 306A of that Act (7 U.S.C. 21 1926a); and 22 (4) solid waste management grants under sec- 23 tion 310B(b) of that Act (7 U.S.C. 1932(b)). 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 77 •HR 4782 IH (b) ELECTRIC PROGRAM.—Out of funds of the Treas- 1 ury not otherwise appropriated, there is appropriated to 2 the Administrator of the Rural Utilities Service 3 $250,000,000 for fiscal year 2018, to remain available 4 until expended, to provide electric infrastructure grants 5 for eligible programs and activities in Puerto Rico and the 6 Virgin Islands under the Rural Electrification Act of 1936 7 (7 U.S.C. 901 et seq.). 8 SEC. 302. RURAL ENERGY FOR AMERICA PROGRAM. 9 Out of funds of the Treasury not otherwise appro- 10 priated, there is appropriated to the Secretary of Agri- 11 culture $125,000,000 for fiscal year 2018, to remain 12 available until expended, to provide financial assistance 13 and grants for eligible programs and activities in Puerto 14 Rico and the Virgin Islands under section 9007 of the 15 Farm Security and Rural Investment Act of 2002 (7 16 U.S.C. 8107). 17 SEC. 303. RURAL COMMUNITY FACILITIES PROGRAM. 18 Of the amounts made available for each of fiscal 19 years 2018 through 2027 for the ‘‘Rural Housing Service, 20 Rural Community Facilities Program Account’’, the 21 ‘‘Rural Business—Cooperative Service, Rural Business 22 Program Account’’, and the ‘‘Rural Utilities Service, 23 Rural Water and Waste Disposal Program Account’’, the 24 Secretary of Agriculture shall allocate not less than 1 per- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 78 •HR 4782 IH cent for assistance in one or more county-equivalent sub- 1 divisions in Puerto Rico and the Virgin Islands the aver- 2 age percentage of the population of which living in poverty 3 during the 30-year period ending on the date of enactment 4 of this Act is not less than 20 percent, as measured by 5 the 1990, 2000, and 2010 decennial censuses. 6 SEC. 304. RURAL HOUSING. 7 (a) OTHER SPECIAL LOANS AND GRANTS FOR MINOR 8 IMPROVEMENTS TO FARM HOUSING AND BUILDINGS.— 9 (1) IN GENERAL.—Out of any funds in the 10 Treasury not otherwise appropriated, there is appro- 11 priated to the Secretary of Agriculture $20,600,000, 12 to remain available until expended, for the cost of 13 grants for very low-income housing repair and rural 14 housing preservation under section 504 of the Hous- 15 ing Act of 1949 (42 U.S.C. 1474) in a covered dis- 16 aster area. 17 (2) LIMITATION ON GRANTS.—Notwithstanding 18 any limitation established by the Secretary of Agri- 19 culture under the third sentence of section 504(a) of 20 the Housing Act of 1949 (42 U.S.C. 1474(a)), the 21 maximum amount of a grant under paragraph (1) 22 shall be $20,000. 23 (b) MUTUAL AND SELF-HELP HOUSING.—Out of 24 any funds in the Treasury not otherwise appropriated, 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 79 •HR 4782 IH there is appropriated to the Secretary of Agriculture 1 $5,150,000, to remain available until expended, for the 2 cost of grants and contracts under section 523(b)(1)(A) 3 of the Housing Act of 1949 (42 U.S.C. 1490c(b)(1)(A)), 4 which shall be used to support grants made under sub- 5 section (a)(1). 6 SEC. 305. WATERSHED AND FLOOD PREVENTION OPER- 7 ATIONS. 8 (a) IN GENERAL.—Out of any funds in the Treasury 9 not otherwise appropriated, there is appropriated to the 10 Secretary of Agriculture $18,044,000 for ‘‘Watershed and 11 Flood Prevention Operations’’ in Puerto Rico and the Vir- 12 gin Islands, of which $9,022,000 shall be for necessary 13 expenses to purchase and restore floodplain easements as 14 authorized by section 403 of the Agricultural Credit Act 15 of 1978 (16 U.S.C. 2203). 16 (b) REQUIREMENT.—Funds appropriated under sub- 17 section (a) shall be allocated to projects that can be fully 18 funded and completed with the funds appropriated by this 19 Act and to activities that can commence promptly after 20 the date of enactment of this Act. 21 SEC. 306. COMMUNITY FACILITIES GRANTS. 22 Section 306(a) of the Consolidated Farm and Rural 23 Development Act (7 U.S.C. 1926(a)) is amended by add- 24 ing at the end the following: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 80 •HR 4782 IH ‘‘(27) PRIORITY FOR GRANTS FOR ESSENTIAL 1 COMMUNITY FACILITIES DAMAGED DUE TO HURRI- 2 CANE OR SEVERE WIND.—To the maximum extent 3 practicable, in providing community facility grants 4 under paragraphs (19), (20), and (21), the Sec- 5 retary shall give priority to applicants that would 6 use the grant— 7 ‘‘(A) to rebuild essential community facili- 8 ties in the Commonwealth of Puerto Rico or the 9 United States Virgin Islands that were dam- 10 aged or destroyed due to a hurricane or severe 11 wind; or 12 ‘‘(B) to construct essential community fa- 13 cilities in the Commonwealth of Puerto Rico or 14 the United States Virgin Islands to improve 15 food security and food independence in an area 16 that was damaged by a hurricane or severe 17 wind.’’. 18 SEC. 307. WAIVER OF NONINSURED CROP DISASTER AS- 19 SISTANCE PROGRAM SERVICE FEE. 20 Section 196(k)(2) of the Federal Agriculture Im- 21 provement and Reform Act of 1996 (7 U.S.C. 7333(k)(2)) 22 is amended by striking ‘‘paragraph (1) in the case of’’ and 23 inserting the following: ‘‘paragraph (1)— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 81 •HR 4782 IH ‘‘(A) to the maximum extent practicable, in 1 the case of a county located in— 2 ‘‘(i) the Commonwealth of Puerto 3 Rico; or 4 ‘‘(ii) the United States Virgin Islands; 5 and 6 ‘‘(B) in the case of’’. 7 SEC. 308. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 8 Section 25 of the Food and Nutrition Act of 2008 9 (7 U.S.C. 2034) is amended— 10 (1) in subsection (b), by adding at the end the 11 following: 12 ‘‘(3) CERTAIN HURRICANE RECOVERY 13 PROJECTS.—For each of fiscal years 2018 through 14 2027, not less than 10 percent of the amount of 15 grants under this section shall be made available for 16 grants for community food projects described in sub- 17 section (d)(6).’’; 18 (2) in subsection (d)— 19 (A) in paragraph (4), by striking ‘‘or’’ at 20 the end; 21 (B) in paragraph (5)(C), by striking the 22 period at the end and inserting ‘‘; or’’; and 23 (C) by adding at the end the following: 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 82 •HR 4782 IH ‘‘(6) for each of fiscal years 2018 through 1 2027, assist communities affected by hurricanes and 2 severe wind.’’; and 3 (3) in subsection (e)— 4 (A) in paragraph (1), by striking ‘‘The 5 Federal’’ and inserting ‘‘Except as provided in 6 paragraph (4), the Federal’’; and 7 (B) by adding at the end the following: 8 ‘‘(4) CERTAIN HURRICANE RECOVERY 9 PROJECTS.—For each of fiscal years 2018 through 10 2027, in the case of a community food project de- 11 scribed in subsection (d)(6), the Federal share de- 12 scribed in paragraph (1) shall be 100 percent.’’. 13 SEC. 309. PARTICIPATION OF PUERTO RICO, AMERICAN 14 SAMOA, AND THE NORTHERN MARIANA IS- 15 LANDS IN SUPPLEMENTAL NUTRITION AS- 16 SISTANCE PROGRAM. 17 (a) IN GENERAL.— 18 (1) DEFINITIONS.—Section 3 of the Food and 19 Nutrition Act of 2008 (7 U.S.C. 2012) is amend- 20 ed— 21 (A) in subsection (r), by inserting ‘‘the 22 Commonwealth of Puerto Rico, American 23 Samoa, the Commonwealth of the Northern 24 Mariana Islands,’’ after ‘‘Guam,’’; and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 83 •HR 4782 IH (B) in subsection (u)(3), by inserting ‘‘the 1 Commonwealth of Puerto Rico, American 2 Samoa, the Commonwealth of the Northern 3 Mariana Islands,’’ after ‘‘Guam,’’. 4 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 5 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 6 amended— 7 (A) in subsection (b), in the first sentence, 8 by inserting ‘‘the Commonwealth of Puerto 9 Rico, American Samoa, the Commonwealth of 10 the Northern Mariana Islands,’’ after ‘‘Guam,’’; 11 (B) in subsection (c)(1), by striking ‘‘and 12 Guam,’’ and inserting ‘‘Guam, the Common- 13 wealth of Puerto Rico, American Samoa, and 14 the Commonwealth of the Northern Mariana Is- 15 lands,’’; and 16 (C) in subsection (e)— 17 (i) in paragraph (1)(A), by inserting 18 ‘‘the Commonwealth of Puerto Rico, Amer- 19 ican Samoa, the Commonwealth of the 20 Northern Mariana Islands,’’ after ‘‘Ha- 21 waii,’’ each place it appears; and 22 (ii) in paragraph (6)(B), by inserting 23 ‘‘the Commonwealth of Puerto Rico, Amer- 24 ican Samoa, the Commonwealth of the 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 84 •HR 4782 IH Northern Mariana Islands,’’ after 1 ‘‘Guam,’’. 2 (3) EFFECTIVE DATE.— 3 (A) IN GENERAL.—The amendments made 4 by this subsection shall be effective with respect 5 to Puerto Rico, American Samoa, or the Com- 6 monwealth of the Northern Mariana Islands, as 7 applicable, on the date described in subpara- 8 graph (B) if the Secretary of Agriculture sub- 9 mits to Congress a certification under sub- 10 section (f)(3) of section 19 of the Food and Nu- 11 trition Act of 2008 (7 U.S.C. 2028). 12 (B) DATE DESCRIBED.—The date referred 13 to in subparagraph (A) is, with respect to Puer- 14 to Rico, American Samoa, or the Common- 15 wealth of the Northern Mariana Islands, the 16 date established by Puerto Rico, American 17 Samoa, or the Commonwealth of the Northern 18 Mariana Islands, respectively, in the applicable 19 plan of operation submitted to the Secretary of 20 Agriculture under subsection (f)(1)(A) of sec- 21 tion 19 of the Food and Nutrition Act of 2008 22 (7 U.S.C. 2028). 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 85 •HR 4782 IH (b) TRANSITION.—Section 19 of the Food and Nutri- 1 tion Act of 2008 (7 U.S.C. 2028) is amended by adding 2 at the end the following: 3 ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN 4 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP- 5 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 6 ‘‘(1) SUBMISSION OF PLAN BY PUERTO RICO, 7 AMERICAN SAMOA, AND THE NORTHERN MARIANA 8 ISLANDS.— 9 ‘‘(A) SUBMISSION AND REVIEW OF PLAN 10 OF OPERATION.—If a State agency is des- 11 ignated by a governmental entity and submits 12 to the Secretary a request to participate in the 13 supplemental nutrition assistance program and 14 a plan of operation under section 11 (including 15 a date on which the governmental entity will 16 begin to participate in the supplemental nutri- 17 tion assistance program), the Secretary shall 18 determine whether that governmental entity 19 and State agency satisfy the requirements that 20 would apply under this Act for approval of that 21 plan if the governmental entity were one of the 22 several States. 23 ‘‘(B) DETERMINATION BY SECRETARY.— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 86 •HR 4782 IH ‘‘(i) APPROVAL.—The Secretary shall 1 approve a plan of operation under subpara- 2 graph (A) if the governmental entity and 3 State agency satisfy the requirements de- 4 scribed in that subparagraph. 5 ‘‘(ii) DISAPPROVAL.—If the Secretary 6 does not approve a plan of operation under 7 subparagraph (A), the Secretary shall pro- 8 vide to the governmental entity a state- 9 ment that describes each requirement that 10 is not satisfied by the plan. 11 ‘‘(2) APPROVAL OF RETAIL FOOD STORES.—If 12 the Secretary approves a plan of operation under 13 paragraph (1)(B)(i), the Secretary shall accept from 14 retail food stores located in the applicable govern- 15 mental entity applications under section 9 for ap- 16 proval to participate in the supplemental nutrition 17 assistance program. 18 ‘‘(3) SUBMISSION OF CERTIFICATION TO CON- 19 GRESS.—The Secretary shall submit to Congress a 20 certification that a governmental entity qualifies to 21 participate in the supplemental nutrition assistance 22 program as if the governmental entity were a State 23 if the Secretary— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 87 •HR 4782 IH ‘‘(A) approves the plan of operation under 1 paragraph (1)(B)(i); and 2 ‘‘(B) approves the applications under para- 3 graph (2) of a number of retail food stores lo- 4 cated in the governmental entity requesting to 5 participate in the supplemental nutrition assist- 6 ance program that would be sufficient to satisfy 7 the requirements of this Act if the govern- 8 mental entity were one of the several States. 9 ‘‘(4) CASH BENEFITS PROVIDED IN PUERTO 10 RICO.—As part of a plan of operation submitted 11 under paragraph (1)(A), the Secretary shall allow 12 the Commonwealth of Puerto Rico to provide a per- 13 centage of benefits under the supplemental nutrition 14 assistance program in the form of cash. 15 ‘‘(5) FAMILY MARKET PROGRAM IN PUERTO 16 RICO.—As part of a plan of operation submitted 17 under paragraph (1)(A), notwithstanding subsection 18 (g), the Secretary shall allow the Commonwealth of 19 Puerto Rico to continue to carry out, under the sup- 20 plemental nutrition assistance program, the Family 21 Market Program established under this section. 22 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 23 There are authorized to be appropriated to the Sec- 24 retary to carry out this subsection and the amend- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 88 •HR 4782 IH ments made by section 308(a) of the Puerto Rico 1 and Virgin Islands Equitable Rebuild Act of 2018 2 such sums as are necessary for fiscal year 2018, to 3 remain available until expended. 4 ‘‘(g) TERMINATION OF EFFECTIVENESS.— 5 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 6 shall cease to be effective with respect to the Com- 7 monwealth of Puerto Rico, American Samoa, or the 8 Commonwealth of the Northern Mariana Islands, as 9 applicable, on the date described in paragraph (2) if 10 the Secretary submits to Congress a certification 11 under subsection (f)(3). 12 ‘‘(2) DATE DESCRIBED.—The date referred to 13 in paragraph (1) is, with respect to the Common- 14 wealth of Puerto Rico, American Samoa, the Com- 15 monwealth of the Northern Mariana Islands, the 16 date established by the Commonwealth of Puerto 17 Rico, American Samoa, or the Commonwealth of the 18 Northern Mariana Islands, respectively, in the appli- 19 cable plan of operation submitted to the Secretary 20 under subsection (f)(1)(A).’’. 21 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 89 •HR 4782 IH SEC. 310. PAYMENT LIMITATIONS FOR CERTAIN PRO- 1 DUCERS IN DISASTER AREAS. 2 (a) SUPPLEMENTAL AGRICULTURAL DISASTER AS- 3 SISTANCE.—Section 1501 of the Agricultural Act of 2014 4 (7 U.S.C. 9081) is amended— 5 (1) in subsection (a)— 6 (A) by redesignating paragraphs (1), (2), 7 (3), and (4) as paragraphs (2), (3), (4), and 8 (6), respectively; 9 (B) by inserting before paragraph (2) (as 10 so redesignated) the following: 11 ‘‘(1) DISASTER COUNTY.—The term ‘disaster 12 county’ means a county included in the geographical 13 area covered by a qualifying natural disaster dec- 14 laration for calendar year 2017 for which the re- 15 quest for that declaration was submitted during the 16 period beginning on January 1, 2017, and ending on 17 the date of enactment of the Puerto Rico and Virgin 18 Islands Equitable Rebuild Act of 2018.’’; and 19 (C) by inserting after paragraph (4) (as so 20 redesignated) the following: 21 ‘‘(5) QUALIFYING NATURAL DISASTER DEC- 22 LARATION.—The term ‘qualifying natural disaster 23 declaration’ means— 24 ‘‘(A) a natural disaster declared by the 25 Secretary under section 321(a) of the Consoli- 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 90 •HR 4782 IH dated Farm and Rural Development Act (7 1 U.S.C. 1961(a)); or 2 ‘‘(B) a major disaster or emergency des- 3 ignated by the President under the Robert T. 4 Stafford Disaster Relief and Emergency Assist- 5 ance Act (42 U.S.C. 5121 et seq.).’’; 6 (2) in subsection (e)(4)(B)— 7 (A) by striking ‘‘The total’’ and inserting 8 the following: 9 ‘‘(i) IN GENERAL.—Subject to clause 10 (ii), the total’’; and 11 (B) by adding at the end the following: 12 ‘‘(ii) CERTAIN PRODUCERS IN DIS- 13 ASTER COUNTIES.—The total amount of 14 payments received, directly or indirectly, 15 by a person or legal entity (excluding a 16 joint venture or general partnership) in a 17 disaster county under this subsection may 18 not exceed $625,000 for the period of the 19 2017 through 2022 crop years.’’; 20 (3) in subsection (f)(2)— 21 (A) by striking ‘‘The total’’ and inserting 22 the following: 23 ‘‘(A) IN GENERAL.—Subject to subpara- 24 graph (B), the total’’; and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 91 •HR 4782 IH (B) by adding at the end the following: 1 ‘‘(B) CERTAIN PRODUCERS IN DISASTER 2 COUNTIES.— 3 ‘‘(i) LIVESTOCK INDEMNITY PAY- 4 MENTS AND EMERGENCY ASSISTANCE FOR 5 LIVESTOCK, HONEY BEES, AND FARM- 6 RAISED FISH.—The total amount of pay- 7 ments received, directly or indirectly, by a 8 person or legal entity (excluding a joint 9 venture or general partnership) in a dis- 10 aster county under subsections (b) and (d) 11 may not exceed $625,000 for the period of 12 the 2017 through 2022 crop years. 13 ‘‘(ii) LIVESTOCK FORAGE DISASTER 14 PROGRAM.—Payments to a person or legal 15 entity (excluding a joint venture or general 16 partnership) in a disaster county under 17 subsection (c) shall be subject to subpara- 18 graph (A).’’. 19 (b) NONINSURED CROP ASSISTANCE PROGRAM.— 20 Section 196(i) of the Federal Agriculture Improvement 21 and Reform Act of 1996 (7 U.S.C. 7333(i)) is amended— 22 (1) in paragraph (1)— 23 (A) by striking ‘‘subsection, the’’ and in- 24 serting the following ‘‘subsection: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 92 •HR 4782 IH ‘‘(A) DISASTER COUNTY.—The term ‘dis- 1 aster county’ means a county included in the 2 geographical area covered by a qualifying nat- 3 ural disaster declaration for calendar year 2017 4 for which the request for that declaration was 5 submitted during the period beginning on Janu- 6 ary 1, 2017, and ending on the date of enact- 7 ment of the Puerto Rico and Virgin Islands Eq- 8 uitable Rebuild Act of 2018. 9 ‘‘(B) LEGAL ENTITY; PERSON.—The’’; and 10 (B) by adding at the end the following: 11 ‘‘(C) QUALIFYING NATURAL DISASTER 12 DECLARATION.—The term ‘qualifying natural 13 disaster declaration’ means— 14 ‘‘(i) a natural disaster declared by the 15 Secretary under section 321(a) of the Con- 16 solidated Farm and Rural Development 17 Act (7 U.S.C. 1961(a)); or 18 ‘‘(ii) a major disaster or emergency 19 designated by the President under the 20 Robert T. Stafford Disaster Relief and 21 Emergency Assistance Act (42 U.S.C. 22 5121 et seq.).’’; and 23 (2) in paragraph (2)— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 93 •HR 4782 IH (A) by striking ‘‘The total’’ and inserting 1 the following: 2 ‘‘(A) IN GENERAL.—Subject to subpara- 3 graph (B), the total’’; and 4 (B) by adding at the end the following: 5 ‘‘(B) CERTAIN PRODUCERS IN DISASTER 6 COUNTIES.—The total amount of payments re- 7 ceived, directly or indirectly, by a person or 8 legal entity (excluding a joint venture or gen- 9 eral partnership) in a disaster county under 10 this subsection may not exceed $625,000 for 11 the period of the 2017 through 2022 crop 12 years.’’. 13 SEC. 311. TREATMENT OF CERTAIN PRODUCERS AS SO- 14 CIALLY DISADVANTAGED FARMERS AND 15 RANCHERS. 16 Section 2501 of the Food, Agriculture, Conservation, 17 and Trade Act of 1990 (7 U.S.C. 2279) is amended by 18 adding at the end the following: 19 ‘‘(j) TREATMENT OF CERTAIN PRODUCERS.—For 20 purposes of administering any grant program and con- 21 servation program of the Department of Agriculture, the 22 Secretary shall consider an agricultural producer oper- 23 ating in the Commonwealth of Puerto Rico, the United 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 94 •HR 4782 IH States Virgin Islands, or both, to be a socially disadvan- 1 taged farmer or rancher.’’. 2 SEC. 312. EMERGENCY WATERSHED PROTECTION PRO- 3 GRAM. 4 Section 403 of the Agricultural Credit Act of 1978 5 (16 U.S.C. 2203) is amended by adding at the end the 6 following: 7 ‘‘(c) FEDERAL SHARE.—For each of fiscal years 8 2018 through 2022, the Federal share of the cost of any 9 emergency measure under this section or section 7 of the 10 Act of June 28, 1938 (33 U.S.C. 701b–1), in the Com- 11 monwealth of Puerto Rico or the United States Virgin Is- 12 lands shall be 100 percent.’’. 13 SEC. 313. EMERGENCY FOREST RESTORATION PROGRAM. 14 Section 407(d) of the Agricultural Credit Act of 1978 15 (16 U.S.C. 2206(d)) is amended— 16 (1) by striking ‘‘Payments’’ and inserting the 17 following: 18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 19 payments’’; and 20 (2) by adding at the end the following: 21 ‘‘(2) PUERTO RICO AND VIRGIN ISLANDS.—For 22 each of fiscal years 2018 through 2022, payments 23 made under subsection (b) shall be 100 percent of 24 the total cost of the emergency measures carried out 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 95 •HR 4782 IH by an owner of nonindustrial private forest land in 1 the Commonwealth of Puerto Rico or the United 2 States Virgin Islands.’’. 3 SEC. 314. TREATMENT OF CERTAIN PRODUCERS AS LIM- 4 ITED RESOURCE PRODUCERS. 5 Title IV of the Agricultural Credit Act of 1978 (16 6 U.S.C. 2201 et seq.) is amended by adding at the end 7 the following: 8 ‘‘SEC. 408. TREATMENT OF CERTAIN PRODUCERS AS LIM- 9 ITED RESOURCE PRODUCERS. 10 ‘‘In carrying out sections 401 and 402, the Secretary 11 shall consider an agricultural producer operating in the 12 Commonwealth of Puerto Rico, the United States Virgin 13 Islands, or both to be a limited resource producer, as de- 14 termined by the Secretary.’’. 15 SEC. 315. RETROACTIVE AVAILABILITY OF CATASTROPHIC 16 LEVEL OF PROTECTION UNDER NONINSURED 17 CROP ASSISTANCE PROGRAM. 18 Section 196 of the Federal Agriculture Improvement 19 and Reform Act of 1996 (7 U.S.C. 7333) is amended by 20 adding at the end the following: 21 ‘‘(m) RETROACTIVE AVAILABILITY FOR CERTAIN 22 PRODUCERS.— 23 ‘‘(1) IN GENERAL.—Beginning on the date of 24 enactment of this subsection, the Secretary shall 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 96 •HR 4782 IH retroactively make available to producers in disaster 1 counties (as defined in subsection (i)(1)) in the 2 Commonwealth of Puerto Rico and the United 3 States Virgin Islands the catastrophic level of pro- 4 tection under this section for the 2017 crop year. 5 ‘‘(2) APPLICATION.—A producer desiring assist- 6 ance under paragraph (1) shall submit to the Sec- 7 retary an application for the assistance not later 8 than 180 days after the date of enactment of this 9 subsection.’’. 10 SEC. 316. DISTRIBUTION OF FUNDS MADE AVAILABLE FOR 11 EQUIPMENT ASSISTANCE GRANTS UNDER 12 THE NATIONAL SCHOOL LUNCH ACT TO 13 PUERTO RICO AND THE VIRGIN ISLANDS. 14 The matter under the heading ‘‘CHILD NUTRITION 15 PROGRAMS’’ of title IV of division A of the Consolidated 16 Appropriations Act, 2017 (Public Law 115–31), is amend- 17 ed by inserting before the period at the end the following: 18 ‘‘Provided further, That any amounts made available 19 under this heading to provide competitive grants to State 20 agencies for subgrants to local educational agencies and 21 schools to purchase the equipment needed to serve 22 healthier meals, improve food safety, or to help support 23 the establishment, maintenance, or expansion of the school 24 breakfast program that remain unexpended on the date 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 97 •HR 4782 IH of enactment of the Puerto Rico and Virgin Islands Equi- 1 table Rebuild Act of 2018 shall be distributed to State 2 agencies in Puerto Rico and the Virgin Islands for those 3 purposes’’. 4 SEC. 317. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 5 FOR WOMEN, INFANTS, AND CHILDREN. 6 (a) IN GENERAL.—Out of any funds in the Treasury 7 not otherwise appropriated, there is appropriated to the 8 Secretary of Agriculture $14,000,000 to make grants to 9 States (as defined in section 15 of the Child Nutrition Act 10 of 1966 (42 U.S.C. 1784)) for the purposes described in 11 section 17(h)(10) of that Act (42 U.S.C. 1786(h)(10)) in 12 response to covered disasters. 13 (b) REQUIREMENT.—The amount appropriated 14 under subsection (a)— 15 (1) shall remain available for obligation until 16 September 30, 2019; 17 (2) shall be in addition to amounts otherwise 18 made available to carry out section 17(h)(10) of the 19 Child Nutrition Act of 1966 (42 U.S.C. 20 1786(h)(10)); and 21 (3) is designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emer- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 98 •HR 4782 IH gency Deficit Control Act of 1985 (2 U.S.C. 1 901(b)(2)(A)(i)). 2 SEC. 318. DEADLINE FOR APPLICATION SUBMISSION. 3 Any applicant desiring a grant or other assistance 4 under this title or an amendment made by this title shall 5 submit an application for the grant or other assistance by 6 not later than 180 days after the date of enactment of 7 this Act. 8 TITLE IV—VETERANS AFFAIRS 9 SEC. 401. APPROPRIATION OF AMOUNTS FOR DEPARTMENT 10 OF VETERANS AFFAIRS TO ADDRESS CON- 11 SEQUENCES OF HURRICANE IRMA AND HUR- 12 RICANE MARIA IN PUERTO RICO AND THE 13 VIRGIN ISLANDS. 14 Out of the funds in the Treasury not otherwise appro- 15 priated, there is appropriated $200,000,000 for necessary 16 expenses of the Department of Veterans Affairs relating 17 to— 18 (1) the repair of medical facilities, including 19 hospitals and clinics, of the Department located in 20 Puerto Rico or the Virgin Islands that were dam- 21 aged by Hurricane Irma or Hurricane Maria; 22 (2) personnel requirements of the Department 23 at such facilities; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 99 •HR 4782 IH (3) the provision of emergency services by the 1 Department in Puerto Rico and the Virgin Islands. 2 TITLE V—EDUCATION 3 RECOVERY 4 Subtitle A—Educational Assistance 5 Funds 6 SEC. 501. EDUCATION AND HEAD START FUNDING. 7 (a) DEPARTMENT OF EDUCATION FUNDING.—The 8 following sums are appropriated, out of any money in the 9 Treasury not otherwise appropriated, to address Hurri- 10 cane Irma and Hurricane Maria for the fiscal year ending 11 September 30, 2018, and for other purposes, namely for 12 assisting in meeting the educational needs of individuals 13 affected by a covered disaster in calendar year 2017: 14 (1) $3,157,000,000, to remain available 15 through September 30, 2018, of which— 16 (A) $930,000,000 shall be available to 17 State educational agencies until expended to 18 carry out section 512; 19 (B) $5,000,000 shall be available to carry 20 out section 516; and 21 (C) $1,100,000,000 shall be available to 22 carry out section 517. 23 (2) $2,000,000, to remain available until ex- 24 pended, shall be available for the Project SERV pro- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 100 •HR 4782 IH gram under section 4631(a)(1)(A) of the Elementary 1 and Secondary Education Act of 1965 (20 U.S.C. 2 7281(a)(1)(A)) to provide education-related services, 3 which may include student counseling, to eligible en- 4 tities in which the learning environment has been 5 disrupted by a traumatic crisis due to the needs of 6 students who have been affected by a covered dis- 7 aster, including eligible entities serving significant 8 numbers of students who have been displaced from 9 Puerto Rico and the Virgin Islands. 10 (3) $310,000,000, to remain available through 11 September 30, 2018, shall be available— 12 (A) to provide assistance under the pro- 13 grams authorized by subparts 3 and 4 of part 14 A and part C of title IV, and part B of title VII 15 of the Higher Education Act of 1965, for stu- 16 dents attending institutions of higher education 17 (as defined in section 102 of that Act) that are 18 located in a covered disaster area and who qual- 19 ify for assistance under subparts 3 and 4 of 20 part A and part C of title IV of the Higher 21 Education Act of 1965, of which— 22 (i) funds shall be made available to 23 provide assistance under such title IV pro- 24 grams notwithstanding any requirements 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 101 •HR 4782 IH relating to matching, Federal share, res- 1 ervation of funds, or maintenance of effort 2 that would otherwise be applicable to that 3 assistance; and 4 (ii) funds shall be made available to 5 provide emergency assistance based on 6 demonstrated need under part B of title 7 VII of the Higher Education Act of 1965, 8 which may be used for student financial 9 assistance, faculty and staff salaries, 10 equipment and instruments, or any pur- 11 pose authorized under the Higher Edu- 12 cation Act of 1965, to institutions of high- 13 er education that are located in an area af- 14 fected by Hurricane Irma or Hurricane 15 Maria in calendar year 2017; 16 (B) to provide emergency assistance based 17 on demonstrated need to institutions of higher 18 education that are located in an area affected 19 by Hurricane Irma and Hurricane Maria in cal- 20 endar year 2017 and were forced to close, relo- 21 cate or significantly curtail their activities as a 22 result of damage directly sustained by such 23 hurricanes; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 102 •HR 4782 IH (C) to provide payments to institutions of 1 higher education to help defray the unexpected 2 expenses associated with enrolling displaced 3 students from institutions of higher education 4 directly affected or at which operations have 5 been disrupted due to Hurricane Irma or Hur- 6 ricane Maria in calendar year 2017, in accord- 7 ance with criteria as are established by the Sec- 8 retary and made publicly available without re- 9 gard to section 437 of the General Education 10 Provisions Act or section 553 of title 5, United 11 States Code. 12 (b) HEAD START FUNDING.—There are appro- 13 priated, out of any money in the Treasury not otherwise 14 appropriated, $810,000,000, for an additional amount for 15 the appropriations account appropriated under the head- 16 ing ‘‘CHILDREN AND FAMILIES SERVICES PROGRAMS’’, for 17 Head Start to serve children displaced by Hurricane Irma 18 or Hurricane Maria in calendar year 2017, notwith- 19 standing subsections (a)(1) and (g)(1) of section 640 of 20 the Head Start Act (42 U.S.C. 9835), and to cover the 21 costs of renovating those Head Start facilities which were 22 affected by these hurricanes, to the extent reimbursements 23 from the Federal Emergency Management Agency and in- 24 surance companies do not fully cover such costs: Provided, 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 103 •HR 4782 IH That of the amount provided under this heading, 1 $800,000,000 shall be available for Head Start programs 2 in Puerto Rico and $10,000,000 shall be available for 3 Head Start programs in the Virgin Islands. 4 Subtitle B—Elementary and Sec- 5 ondary Education Disaster Re- 6 lief 7 SEC. 511. DEFINITIONS. 8 Unless otherwise specified in this subtitle— 9 (1) the terms used in this subtitle have the 10 meanings given the terms in section 8101 of the Ele- 11 mentary and Secondary Education Act of 1965 (20 12 U.S.C. 7801); 13 (2) the terms ‘‘child with a disability’’ and ‘‘in- 14 fant or toddler with a disability’’ have the meanings 15 given those terms in section 602 of the Individuals 16 with Disabilities Education Act (20 U.S.C. 1401); 17 and 18 (3) the term ‘‘Secretary’’ means the Secretary 19 of Education. 20 SEC. 512. IMMEDIATE AID TO RESTART SCHOOL OPER- 21 ATIONS. 22 (a) PURPOSE.—It is the purpose of this section— 23 (1) to provide immediate services or assistance 24 to local educational agencies in Puerto Rico and the 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 104 •HR 4782 IH Virgin Islands that serve a covered disaster area; 1 and 2 (2) to assist school administrators and per- 3 sonnel of such agencies with expenses related to the 4 restart of operations in, the re-opening of, and the 5 re-enrollment of students in, elementary schools and 6 secondary schools in such areas. 7 (b) PAYMENTS AUTHORIZED.— 8 (1) IN GENERAL.—From amounts appropriated 9 to carry out this subtitle, the Secretary is authorized 10 to make payments, in accordance with paragraph 11 (2), to State educational agencies in Puerto Rico 12 and the Virgin Islands to enable such agencies to 13 provide services or assistance to local educational 14 agencies serving a covered disaster area. 15 (2) PAYMENT BASIS.—The Secretary shall 16 make payments under paragraph (1) on such basis 17 as the Secretary determines appropriate, taking into 18 consideration the number of students who were en- 19 rolled, during the 2015–2016 school year, in elemen- 20 tary schools and secondary schools that were 21 closed— 22 (A) on September 7, 2017, as a result of 23 Hurricane Irma; or 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 105 •HR 4782 IH (B) on September 20, 2017, as a result of 1 Hurricane Maria. 2 (c) ELIGIBILITY AND CONSIDERATION.—From the 3 payment provided by the Secretary under subsection (b), 4 the State educational agency shall provide services and as- 5 sistance to local educational agencies, consistent with the 6 provisions of this section. In determining the amount to 7 be provided for services or assistance under this section, 8 the State educational agency shall consider the following: 9 (1) The number of school-aged children served 10 by the local educational agency in the academic year 11 preceding the academic year for which the services 12 or assistance are provided. 13 (2) The severity of the impact of Hurricane 14 Irma or Hurricane Maria on the local educational 15 agency and the extent of the needs in each local edu- 16 cational agency in a covered disaster area. 17 (d) APPLICATIONS.—Each local educational agency 18 desiring services or assistance under this section shall sub- 19 mit an application to the State educational agency at such 20 time, in such manner, and accompanied by such informa- 21 tion as the State educational agency may reasonably re- 22 quire to ensure expedited and timely provision of services 23 or assistance to the local educational agency. 24 (e) USES OF FUNDS.— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 106 •HR 4782 IH (1) IN GENERAL.—A local educational agency 1 receiving services or assistance from the State edu- 2 cational agency under this section shall use such 3 services or assistance for— 4 (A) recovery of student and personnel 5 data, and other electronic information; 6 (B) replacement of school district informa- 7 tion systems, including hardware and software; 8 (C) financial operations; 9 (D) reasonable transportation costs; 10 (E) rental of mobile educational units and 11 leasing of neutral sites or spaces; 12 (F) initial replacement of instructional ma- 13 terials and equipment, including textbooks; 14 (G) redeveloping instructional plans, in- 15 cluding curriculum development; 16 (H) initiating and maintaining education 17 and support services; and 18 (I) such other activities related to the pur- 19 pose of this section that are approved by the 20 Secretary. 21 (2) USE WITH OTHER AVAILABLE FUNDS.—A 22 local educational agency receiving services or assist- 23 ance under this section may use such services or as- 24 sistance in coordination with other Federal, State, or 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 107 •HR 4782 IH local funds available for the activities described in 1 paragraph (1). 2 (f) SUPPLEMENT NOT SUPPLANT.— 3 (1) IN GENERAL.—Except as provided in para- 4 graph (2), services or assistance made available 5 under this section shall be used to supplement, not 6 supplant, any funds made available through the Fed- 7 eral Emergency Management Agency or through 8 Puerto Rico or the Virgin Islands. 9 (2) EXCEPTION.—Paragraph (1) shall not pro- 10 hibit the provision of Federal assistance under this 11 section to an eligible State educational agency or 12 local educational agency that is or may be entitled 13 to receive, from another source, benefits for the 14 same purposes as under this section if— 15 (A) such State educational agency or local 16 educational agency has not received such other 17 benefits by the time of application for Federal 18 assistance under this section; and 19 (B) such State educational agency or local 20 educational agency agrees to repay all duplica- 21 tive Federal assistance received to carry out the 22 purposes of this section. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 108 •HR 4782 IH SEC. 513. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN- 1 CIES FOR THE LONG-TERM IMPROVEMENT 2 OF PUBLIC SCHOOL FACILITIES. 3 (a) PURPOSE.—Funds made available under this sec- 4 tion shall be for the purpose of supporting the immediate 5 recovery and long-term improvements to public school fa- 6 cilities in covered disaster areas. 7 (b) ALLOCATIONS.— 8 (1) QUALIFIED LOCAL EDUCATIONAL AGENCY 9 ALLOCATIONS.—From the total amount appro- 10 priated to carry out this section for each fiscal year, 11 the Secretary shall allocate to each qualified local 12 educational agency that has a plan approved by the 13 Secretary under subsection (c) for such fiscal year, 14 an amount that bears the same relation to such total 15 amount appropriated as the number of children, 16 aged 5 to 17, inclusive, from families with incomes 17 below the poverty level (weighted for the relative 18 construction costs for the State in which the local 19 educational agency is located) served by the qualified 20 local educational agency for the most recent fiscal 21 year for which data are available bears to all chil- 22 dren, aged 5 to 17, inclusive, from families with in- 23 comes below the poverty level served by all qualified 24 local educational agencies for the most recent fiscal 25 year for which data are available. 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 109 •HR 4782 IH (2) ADMINISTRATIVE RESERVATION.—A quali- 1 fied local educational agency may reserve not more 2 than 5 percent of the allocation received under para- 3 graph (1) for administrative expenses associated 4 with carrying out this section. 5 (3) DIGITAL LEARNING RESERVATION.—A 6 qualified local educational agency may reserve not 7 more than 10 percent of the allocation received 8 under paragraph (1) to improve or provide digital 9 learning, including to leverage existing public pro- 10 grams or public-private partnerships to expand ac- 11 cess to high-speed broadband sufficient for digital 12 learning. 13 (c) QUALIFIED LOCAL EDUCATIONAL AGENCY 14 PLAN.— 15 (1) IN GENERAL.—To be eligible to receive an 16 allocation under this section, a qualified local edu- 17 cational agency shall submit to the Secretary a plan 18 that— 19 (A) describes how the qualified local edu- 20 cational agency will use the allocation to make 21 long-term improvements to public school facili- 22 ties; 23 (B) identifies the period of time, and at 24 what levels, the qualified local educational agen- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 110 •HR 4782 IH cy will maintain fiscal effort for the activities 1 supported by the allocation after the qualified 2 local educational agency no longer receives the 3 allocation; and 4 (C) includes such other information as the 5 Secretary may require. 6 (2) APPROVAL AND DISAPPROVAL.—The Sec- 7 retary shall have the authority to approve or dis- 8 approve a qualified local educational agency plan 9 submitted under paragraph (1). 10 (3) PUBLICATION REQUIRED.—A qualified local 11 educational agency that receives an allocation under 12 this section shall make the plan submitted by such 13 qualified local educational agency under paragraph 14 (1) available to the public, including by posting the 15 information on a publicly accessible website of the 16 State in which such qualified local educational agen- 17 cy is located. 18 (d) CONDITIONS.—As a condition of receiving an allo- 19 cation under this section, a qualified local educational 20 agency shall agree to the following: 21 (1) MAINTENANCE OF EFFORT.—The qualified 22 local educational agency shall provide an assurance 23 to the Secretary that the combined fiscal effort per 24 student or the aggregate expenditures of the quali- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 111 •HR 4782 IH fied local educational agency with respect to the ac- 1 tivities supported by the allocation under this section 2 for fiscal years beginning with the fiscal year for 3 which the allocation is received will be not less than 4 90 percent of the combined fiscal effort or aggregate 5 expenditures by the qualified local educational agen- 6 cy for such purposes for the year preceding the fiscal 7 year for which the allocation is received. 8 (2) SUPPLEMENT NOT SUPPLANT.—The quali- 9 fied local educational agency shall use an allocation 10 under this section only to supplement the level of 11 Federal, State, and local public funds that would, in 12 absence of such allocation, be made available for the 13 activities supported by the allocation, and not to 14 supplant such funds. 15 (e) FACILITIES MASTER PLAN.— 16 (1) PLAN REQUIRED.—Not later than 180 days 17 after receiving an allocation under this section, a 18 qualified local educational agency shall submit to the 19 Secretary a comprehensive 10-year facilities master 20 plan. 21 (2) ELEMENTS.—The facilities master plan re- 22 quired under paragraph (1) shall include, with re- 23 spect to all public school facilities of the qualified 24 local educational agency, a description of— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 112 •HR 4782 IH (A) the extent to which public school facili- 1 ties meet students’ educational needs and sup- 2 port the agency’s educational mission and vi- 3 sion; 4 (B) the physical condition of the public 5 school facilities; 6 (C) the current health, safety, and environ- 7 mental conditions of the public school facilities, 8 including— 9 (i) indoor air quality; 10 (ii) the presence of hazardous and 11 toxic substances and chemicals; 12 (iii) the safety of drinking water at 13 the tap and water used for meal prepara- 14 tion, including the level of lead and other 15 contaminants in such water; 16 (iv) energy and water efficiency; 17 (v) excessive classroom noise; and 18 (vi) other health, safety, and environ- 19 mental conditions that would impact the 20 health, safety, and learning ability of stu- 21 dents; 22 (D) how the local educational agency will 23 address any conditions identified under sub- 24 paragraph (C); 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 113 •HR 4782 IH (E) the impact of current and future stu- 1 dent enrollment levels on the design of current 2 and future public school facilities, as well as the 3 financial implications of such enrollment levels; 4 and 5 (F) the dollar amount and percentage of 6 funds the local educational agency will dedicate 7 to capital construction projects as well as main- 8 tenance and operations related to maintaining 9 public school facilities. 10 (3) CONSULTATION.—In developing the facili- 11 ties master plan required under paragraph (1), the 12 qualified local educational agency shall consult with 13 teachers, principals and other school leaders, custo- 14 dial and maintenance staff, emergency first respond- 15 ers, school facilities directors, students and families, 16 community residents, and Indian Tribes and Tribal 17 organizations (as applicable). 18 (f) USE OF FUNDS.— 19 (1) AUTHORIZED USE.—A qualified local edu- 20 cational agency that receives covered funds may use 21 such funds to— 22 (A) develop the facilities master plan re- 23 quired under subsection (e); 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 114 •HR 4782 IH (B) construct, modernize, renovate, or ret- 1 rofit public school facilities, which may include 2 seismic retrofitting for schools vulnerable to 3 natural disasters; 4 (C) carry out major repairs of public 5 school facilities; 6 (D) install furniture or fixtures with at 7 least a 10-year life in public school facilities; 8 (E) construct new public school facilities; 9 (F) acquire and prepare sites on which 10 new public school facilities will be constructed; 11 (G) extend the life of basic systems and 12 components of public school facilities; 13 (H) reduce current or anticipated over- 14 crowding in public school facilities; 15 (I) ensure the building envelopes of public 16 school facilities are structurally sound, secure, 17 and protects occupants and interiors from the 18 elements; 19 (J) improve energy and water efficiency to 20 lower the costs of energy and water consump- 21 tion in public school facilities; 22 (K) improve indoor air quality in public 23 school facilities; 24 (L) reduce or eliminate the presence of— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 115 •HR 4782 IH (i) toxins and chemicals, including 1 mercury, radon, PCBs, lead, and asbestos; 2 (ii) mold and mildew; or 3 (iii) rodents and pests; 4 (M) ensure the safety of drinking water at 5 the tap and water used for meal preparation in 6 public school facilities, which may include test- 7 ing of the potability of water at the tap for the 8 presence of lead and other contaminants; 9 (N) bring public school facilities into com- 10 pliance with applicable fire, health, and safety 11 codes; 12 (O) make public school facilities accessible 13 to people with disabilities through compliance 14 with the Americans with Disabilities Act of 15 1990 (42 U.S.C. 12101 et seq.) and section 16 504 of the Rehabilitation Act of 1973 (29 17 U.S.C. 794); 18 (P) provide instructional program space 19 improvements for programs relating to early 20 learning (including early learning programs op- 21 erated by partners of the agency), special edu- 22 cation, science, technology, career and technical 23 education, physical education, or the arts; 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 116 •HR 4782 IH (Q) increase the use of public school facili- 1 ties for the purpose of community-based part- 2 nerships that provide students with academic, 3 health, and social services; 4 (R) ensure the health of students and staff 5 during the construction or modernization of 6 public school facilities; or 7 (S) reduce or eliminate excessive classroom 8 noise. 9 (2) PROHIBITED USES.—A qualified local edu- 10 cational agency that receives covered funds may not 11 use such funds for— 12 (A) payment of routine and predictable 13 maintenance costs and minor repairs; 14 (B) any facility that is primarily used for 15 athletic contests or exhibitions or other events 16 for which admission is charged to the general 17 public; 18 (C) vehicles; or 19 (D) central offices, operation centers, or 20 other facilities that are not primarily used to 21 educate students. 22 (g) ANNUAL REPORT ON PROGRAM.— 23 (1) IN GENERAL.—Not later than September 24 30 of each fiscal year beginning after the date of the 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 117 •HR 4782 IH enactment of this section, the Secretary shall submit 1 to the appropriate congressional committees a report 2 on the projects carried out with funds made avail- 3 able under this section. 4 (2) ELEMENTS.—The report under paragraph 5 (1) shall include, with respect to the fiscal year pre- 6 ceding the year in which the report is submitted, the 7 following: 8 (A) An identification of each qualified local 9 educational agency that received an allocation 10 under this section. 11 (B) With respect to each such agency, a 12 description of— 13 (i) the demographic composition of 14 the student population served by the agen- 15 cy, disaggregated by— 16 (I) race; 17 (II) the number and percentage 18 of students counted under section 19 1124(c) of the Elementary and Sec- 20 ondary Education Act of 1965 (20 21 U.S.C. 6333(c)); and 22 (III) the number and percentage 23 of students who are eligible for a free 24 or reduced price lunch under the 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 118 •HR 4782 IH Richard B. Russell National School 1 Lunch Act (42 U.S.C. 1751 et seq.); 2 (ii) the population density of the geo- 3 graphic area served by the agency; 4 (iii) the projects for which the agency 5 used the allocation received under this sec- 6 tion; 7 (iv) the demonstrable or expected ben- 8 efits of the projects; and 9 (v) the estimated number of jobs cre- 10 ated by the projects. 11 (C) The total dollar amount of all alloca- 12 tions received by local educational agencies 13 under this section. 14 (h) DEFINITIONS.—In this section: 15 (1) APPROPRIATE CONGRESSIONAL COMMIT- 16 TEES.—The term ‘‘appropriate congressional com- 17 mittees’’ means the Committee on Education and 18 the Workforce of the House of Representatives and 19 the Committee on Health, Education, Labor, and 20 Pensions of the Senate. 21 (2) COVERED FUNDS.—The term ‘‘covered 22 funds’’ means funds received under this section. 23 (3) LOCAL EDUCATIONAL AGENCY.—The term 24 ‘‘local educational agency’’— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 119 •HR 4782 IH (A) has the meaning given the term in sec- 1 tion 8101 of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 7801); and 3 (B) includes a public board of education or 4 other public authority legally constituted within 5 an outlying area for either administrative con- 6 trol or direction of, or to perform a service 7 function for, public elementary schools or sec- 8 ondary schools in such outlying area. 9 (4) PUBLIC SCHOOL FACILITIES.—The term 10 ‘‘public school facilities’’ means the facilities of a 11 public elementary school or a public secondary 12 school. 13 (5) QUALIFIED LOCAL EDUCATIONAL AGEN- 14 CY.—The term ‘‘qualified local educational agency’’ 15 means a local educational agency that— 16 (A) receives funds under part A of title I 17 of the Elementary and Secondary Education 18 Act of 1965 (20 U.S.C. 6311 et seq.); and 19 (B) is located in a covered disaster area. 20 (i) AUTHORIZATION OF APPROPRIATIONS.— 21 (1) IN GENERAL.—There are authorized to be 22 appropriated $1,500,000,000 for each of fiscal years 23 2018 through 2020 to carry out this section. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 120 •HR 4782 IH (2) AVAILABILITY.—Funds appropriated under 1 paragraph (1) shall remain available until expended. 2 SEC. 514. HOLD HARMLESS FOR LOCAL EDUCATIONAL 3 AGENCIES SERVING MAJOR DISASTER AREAS. 4 In the case of a local educational agency that serves 5 a covered disaster area, the amount made available for 6 such local educational agency under each of sections 1124, 7 1124A, 1125, and 1125A of the Elementary and Sec- 8 ondary Education Act of 1965 (20 U.S.C. 6333, 6334, 9 6335, and 6337) for fiscal year 2018 shall be not less than 10 the amount made available for such local educational 11 agency under each of such sections for fiscal year 2017. 12 SEC. 515. PARAPROFESSIONAL RECIPROCITY; DELAY. 13 (a) AFFECTED PARAPROFESSIONAL.—In this sub- 14 section, the term ‘‘affected paraprofessional’’ means a 15 paraprofessional who— 16 (1) is displaced due to Hurricane Irma and re- 17 locates to a State that is different from the State in 18 which such paraprofessional resided on September 5, 19 2017; or 20 (2) is displaced due to Hurricane Maria and re- 21 locates to a State that is different from the State in 22 which such paraprofessional resided on September 23 16, 2017. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 121 •HR 4782 IH (b) RECIPROCITY.—A local educational agency may 1 consider an affected paraprofessional hired by such agency 2 who does not meet the professional standards for para- 3 professionals described in section 1111(g)(2)(M) of the El- 4 ementary and Secondary Education Act of 1965 (20 5 U.S.C. 6311(g)(2)(M)) in the State in which such agency 6 is located to satisfy such requirements, for purposes of 7 such section, for the 2017–2018 school year, if such para- 8 professional satisfied such requirements on or before— 9 (1) in the case of an affected paraprofessional 10 displaced by Hurricane Irma, September 5, 2017, in 11 the State in which such paraprofessional resided on 12 such date; or 13 (2) in the case of an affected paraprofessional 14 displaced by Hurricane Maria, September 16, 2017, 15 in the State in which such paraprofessional resided 16 on such date. 17 SEC. 516. REGULATORY AND FINANCIAL RELIEF. 18 (a) WAIVER AUTHORITY.—Subject to subsections (b) 19 and (c), in providing any grant or other assistance, di- 20 rectly or indirectly, to an entity in a covered disaster area, 21 the Secretary may, as applicable, waive or modify, in order 22 to ease fiscal burdens, any requirement relating to the fol- 23 lowing: 24 (1) Maintenance of effort. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 122 •HR 4782 IH (2) The use of Federal funds to supplement, 1 not supplant, non-Federal funds. 2 (3) Any non-Federal share or capital contribu- 3 tion required to match Federal funds provided under 4 programs administered by the Secretary. 5 (b) DURATION.—A waiver under this section shall be 6 for the fiscal year 2018. 7 (c) LIMITATIONS.— 8 (1) RELATION TO IDEA.—Nothing in this sec- 9 tion shall be construed to waive or modify any provi- 10 sion of the Individuals with Disabilities Education 11 Act (20 U.S.C. 1400 et seq.). 12 (2) MAINTENANCE OF EFFORT.—If the Sec- 13 retary grants a waiver or modification under this 14 section waiving or modifying a requirement relating 15 to maintenance of effort for fiscal year 2018, the 16 level of effort required for fiscal year 2019 shall not 17 be reduced because of the waiver or modification. 18 SEC. 517. ASSISTANCE FOR HOMELESS CHILDREN AND 19 YOUTHS. 20 (a) IN GENERAL.—The Secretary shall provide as- 21 sistance to local educational agencies serving homeless 22 children and youths displaced by a covered disaster, con- 23 sistent with section 723 of the McKinney-Vento Homeless 24 Assistance Act (42 U.S.C. 11433), including— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 123 •HR 4782 IH (1) identification and enrollment assistance; 1 (2) assessment and school placement assistance; 2 (3) transportation; 3 (4) coordination of school services; 4 (5) referrals for health and mental health; and 5 (6) emergency services and supplies necessary 6 to enable homeless children and youths to enroll, at- 7 tend, and succeed in school. 8 (b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 9 (1) EXCEPTION.—For purposes of providing as- 10 sistance under subsection (a), section 722(c) and 11 subsections (b) and (c) of section 723 of the McKin- 12 ney-Vento Homeless Assistance Act (42 U.S.C. 13 11432(c), 11433(b) and (c)) shall not apply. 14 (2) DISBURSEMENT.— 15 (A) DISBURSEMENT BY SECRETARY.—The 16 Secretary shall disburse funding provided under 17 subsection (a) to State educational agencies 18 based on demonstrated need, as determined by 19 the Secretary, and based on the number of 20 homeless children and youths enrolled as a re- 21 sult of displacement by a covered disaster. 22 (B) DISBURSEMENT BY STATE EDU- 23 CATIONAL AGENCY.—Each State educational 24 agency receiving funding under subparagraph 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 124 •HR 4782 IH (A) shall distribute funds that are appropriated 1 under section 601 and available to carry out 2 this section to local educational agencies based 3 on demonstrated need and based on the number 4 of homeless children and youths enrolled in the 5 area served by the local educational agency as 6 a result of displacement by a covered disaster, 7 for the purposes of carrying out subtitle B of 8 title VII of the McKinney-Vento Homeless As- 9 sistance Act (42 U.S.C. 11431 et seq.). 10 (c) DEFINITION.—In this section, the term ‘‘homeless 11 children and youths’’ has the meaning given the term in 12 section 725 of the McKinney-Vento Homeless Assistance 13 Act (42 U.S.C. 11434a). 14 SEC. 518. TEMPORARY EMERGENCY IMPACT AID FOR DIS- 15 PLACED STUDENTS. 16 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR- 17 IZED.— 18 (1) AID TO STATE EDUCATIONAL AGENCIES.— 19 From amounts appropriated to carry out this sub- 20 title, the Secretary shall provide emergency impact 21 aid to State educational agencies to enable the State 22 educational agencies to make emergency impact aid 23 payments to eligible local educational agencies and 24 eligible BIA-funded schools to enable such eligible 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 125 •HR 4782 IH local educational agencies and schools to provide for 1 the instruction of students served by such agencies 2 and schools. 3 (2) AID TO LOCAL EDUCATIONAL AGENCIES 4 AND BIA-FUNDED SCHOOLS.—A State educational 5 agency shall make emergency impact aid payments 6 to eligible local educational agencies and eligible 7 BIA-funded schools in accordance with subsection 8 (d). 9 (3) STATE EDUCATIONAL AGENCIES.—The 10 State educational agency for Puerto Rico or the Vir- 11 gin Islands, as the case may be, shall carry out the 12 activities of eligible local educational agencies that 13 are unable to carry out this section, including any 14 eligible local educational agency where the authori- 15 ties normally exercised by local educational agencies 16 are exercised by the government of Puerto Rico or 17 the Virgin Islands. 18 (4) NOTICE OF FUNDS AVAILABILITY.—Not 19 later than 14 calendar days after the date of enact- 20 ment of this Act, the Secretary shall publish in the 21 Federal Register a notice of the availability of funds 22 under this section. 23 (b) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 126 •HR 4782 IH (1) DISPLACED STUDENT.—The term ‘‘dis- 1 placed student’’ means a student who— 2 (A) enrolled in a public elementary school 3 or secondary school (other than the school that 4 the student was enrolled in, or was eligible to 5 be enrolled in, on September 5, 2017) because 6 such student resides or resided on September 5, 7 2017, in a covered disaster area due to Hurri- 8 cane Irma; or 9 (B) enrolled in a public elementary school 10 or secondary school (other than the school that 11 the student was enrolled in, or was eligible to 12 be enrolled in, on September 16, 2017) because 13 such student resides or resided on September 14 16, 2017, in a covered disaster area due to 15 Hurricane Maria. 16 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- 17 CIES.—The term ‘‘eligible local educational agency’’ 18 means a local educational agency that serves a pub- 19 lic elementary school or secondary school in which 20 there is enrolled a displaced student. 21 (3) ELIGIBLE BIA-FUNDED SCHOOL.—In this 22 section, the term ‘‘eligible BIA-funded school’’ 23 means a school funded by the Bureau of Indian Af- 24 fairs in which there is enrolled a displaced student. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 127 •HR 4782 IH (c) APPLICATION.— 1 (1) STATE EDUCATIONAL AGENCY.—A State 2 educational agency that desires to receive emergency 3 impact aid under this section shall submit an appli- 4 cation to the Secretary, not later than 7 calendar 5 days after the date by which an application under 6 paragraph (2) must be submitted, in such manner, 7 and accompanied by such information as the Sec- 8 retary may reasonably require, including information 9 on the total displaced student child count of the 10 State provided by eligible local educational agencies 11 in the State and eligible BIA-funded schools in the 12 State under paragraph (2). 13 (2) LOCAL EDUCATIONAL AGENCIES AND BIA- 14 FUNDED SCHOOLS.—An eligible local educational 15 agency or eligible BIA-funded school that desires an 16 emergency impact aid payment under this section 17 shall submit an application to the State educational 18 agency, not later than 14 calendar days after the 19 date of the publication of the notice described in 20 subsection (a)(4), in such manner, and accompanied 21 by such information as the State educational agency 22 may reasonably require, including documentation 23 submitted quarterly for the 2017–2018 school year 24 that indicates the following: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 128 •HR 4782 IH (A) In the case of an eligible local edu- 1 cational agency, the number of displaced stu- 2 dents enrolled in the public elementary schools 3 and secondary schools (including the number of 4 displaced students who are children with dis- 5 abilities) served by such agency for such quar- 6 ter. 7 (B) In the case of an eligible BIA-funded 8 school, the number of displaced students, in- 9 cluding the number of displaced students who 10 are children with disabilities, enrolled in such 11 school for such quarter. 12 (3) DETERMINATION OF NUMBER OF DIS- 13 PLACED STUDENTS.—In determining the number of 14 displaced students for a quarter under paragraph 15 (2), an eligible local educational agency or eligible 16 BIA-funded school shall include the number of dis- 17 placed students served— 18 (A) in the case of a determination for the 19 first quarterly installment, during the quarter 20 prior to the date of enactment of this Act; and 21 (B) in the case of a determination for each 22 subsequent quarterly installment, during the 23 quarter immediately preceding the quarter for 24 which the installment is provided. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 129 •HR 4782 IH (d) AMOUNT OF EMERGENCY IMPACT AID.— 1 (1) AID TO STATE EDUCATIONAL AGENCIES.— 2 (A) IN GENERAL.—The amount of emer- 3 gency impact aid received by a State edu- 4 cational agency for the 2017–2018 school year 5 shall equal the sum of— 6 (i) the product of the number of dis- 7 placed students (who are not children with 8 disabilities), as determined by the eligible 9 local educational agencies and eligible BIA- 10 funded schools in the State under sub- 11 section (c)(2), times $6,000; and 12 (ii) the product of the number of dis- 13 placed students who are children with dis- 14 abilities, as determined by the eligible local 15 educational agencies and eligible BIA-fund- 16 ed schools in the State under subsection 17 (c)(2), times $7,500. 18 (B) INSUFFICIENT FUNDS.—If the amount 19 available under this section to provide emer- 20 gency impact aid under this subsection is insuf- 21 ficient to pay the full amount that a State edu- 22 cational agency is eligible to receive under this 23 section, the Secretary shall ratably reduce the 24 amount of such emergency impact aid. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 130 •HR 4782 IH (C) RETENTION OF STATE SHARE.—In the 1 case of a State educational agency that has 2 made a payment prior to the date of enactment 3 of this Act to a local educational agency for the 4 purpose of covering additional costs incurred as 5 a result of enrolling a displaced student in a 6 school served by the local educational agency, 7 the State educational agency may retain a por- 8 tion of the payment described in paragraph 9 (2)(B) that bears the same relation to the total 10 amount of the payment under such paragraph 11 as the sum of such prior payments bears to the 12 total cost of attendance for all students in that 13 local educational agency for whom the State 14 educational agency made such prior payments. 15 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL 16 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 17 (A) QUARTERLY INSTALLMENTS.—A State 18 educational agency shall provide emergency im- 19 pact aid payments under this section on a quar- 20 terly basis for the 2017–2018 school year by 21 such dates as determined by the Secretary. 22 Such quarterly installment payments shall be 23 based on the number of displaced students re- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 131 •HR 4782 IH ported under subsection (c)(2) and in the 1 amount determined under subparagraph (B). 2 (B) PAYMENT AMOUNT.—Each quarterly 3 installment payment under subparagraph (A) 4 shall equal 25 percent of the sum of— 5 (i) the number of displaced students 6 (who are not children with disabilities) re- 7 ported by the eligible local educational 8 agency or eligible BIA-funded school for 9 such quarter (as determined under sub- 10 section (c)(2)) times $6,000; and 11 (ii) the number of displaced students 12 who are children with disabilities reported 13 by the eligible local educational agency or 14 eligible BIA-funded school for such quarter 15 (as determined under subsection (c)(2)) 16 times $7,500. 17 (C) TIMELINE.—The Secretary shall estab- 18 lish a timeline for quarterly reporting on the 19 number of displaced students in order to make 20 the appropriate disbursements in a timely man- 21 ner. 22 (D) INSUFFICIENT FUNDS.—If, for any 23 quarter, the amount available under this section 24 to make payments under this subsection is in- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 132 •HR 4782 IH sufficient to pay the full amount that an eligible 1 local educational agency or eligible BIA-funded 2 school is eligible to receive under this section, 3 the State educational agency shall ratably re- 4 duce the amount of such payments. 5 (3) DISPLACED STUDENTS.—Subject to the 6 succeeding sentence, an eligible local educational 7 agency or eligible BIA-funded school receiving emer- 8 gency impact aid payments under this section shall 9 use the payments to provide services and assistance 10 to public elementary schools and secondary schools 11 served by such agency, or to such BIA-funded 12 school, that enrolled a displaced student. 13 (e) USE OF FUNDS.— 14 (1) AUTHORIZED USES.—The authorized uses 15 of funds are the following: 16 (A) Paying the compensation of personnel, 17 including teacher aides, in schools enrolling dis- 18 placed students. 19 (B) Identifying and acquiring curricular 20 material, including the costs of providing addi- 21 tional classroom supplies, and mobile edu- 22 cational units and leasing sites or spaces. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 133 •HR 4782 IH (C) Basic instructional services for such 1 students, including tutoring, mentoring, or aca- 2 demic counseling. 3 (D) Reasonable transportation costs. 4 (E) Health and counseling services. 5 (F) Education and support services. 6 (2) PROVISION OF SPECIAL EDUCATION AND 7 RELATED SERVICES AND EARLY INTERVENTION 8 SERVICES.—In the case of a displaced student who 9 is a child with a disability or an infant or toddler 10 with a disability, any payment made on behalf of 11 such student to an eligible local educational agency 12 shall be used to pay for special education and re- 13 lated services (as such terms are defined in section 14 602 of the Individuals with Disabilities Education 15 Act (20 U.S.C. 1401)) or early intervention services 16 for infants and toddlers with disabilities and their 17 families described in part C of such Act (20 U.S.C. 18 1431 et seq.), as applicable, consistent with such 19 Act. 20 (f) RETURN OF AID.— 21 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR 22 ELIGIBLE BIA-FUNDED SCHOOL.—An eligible local 23 educational agency or eligible BIA-funded school 24 that receives an emergency impact aid payment 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 134 •HR 4782 IH under this section shall return to the State edu- 1 cational agency any payment provided to the eligible 2 local educational agency or school under this section 3 that the eligible local educational agency or school 4 has not obligated by the end of the 2017–2018 5 school year in accordance with this section. 6 (2) STATE EDUCATIONAL AGENCY.—A State 7 educational agency that receives emergency impact 8 aid under this section, shall return to the Sec- 9 retary— 10 (A) any aid provided to the agency under 11 this section that the agency has not obligated 12 by the end of the 2017–2018 school year in ac- 13 cordance with this section; and 14 (B) any payment funds returned to the 15 State educational agency under paragraph (1). 16 (g) LIMITATION ON USE OF AID AND PAYMENTS.— 17 Aid and payments provided under this section shall only 18 be used for expenses incurred during the 2017–2018 19 school year. 20 (h) ADMINISTRATIVE EXPENSES.—A State edu- 21 cational agency that receives emergency impact aid under 22 this section may use not more than 1 percent of such aid 23 for administrative expenses. An eligible local educational 24 agency or eligible BIA-funded school that receives emer- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 135 •HR 4782 IH gency impact aid payments under this section may use not 1 more than 2 percent of such payments for administrative 2 expenses. 3 (i) SPECIAL FUNDING RULE.—In calculating funding 4 under section 8003 of the Elementary and Secondary 5 Education Act of 1965 (20 U.S.C. 7703) for an eligible 6 local educational agency that receives an emergency im- 7 pact aid payment under this section, the Secretary shall 8 not count displaced students served by such agency for 9 whom an emergency impact aid payment is received under 10 this section, nor shall such students be counted for the 11 purpose of calculating the total number of children in av- 12 erage daily attendance at the schools served by such agen- 13 cy as provided in section 8003(b)(3)(B)(i) of such Act (20 14 U.S.C. 7703(b)(3)(B)(i)). 15 (j) TREATMENT OF STATE AID.—A State shall not 16 take into consideration emergency impact aid payments 17 received under this section by a local educational agency 18 in the State in determining the eligibility of such local edu- 19 cational agency for State aid, or the amount of State aid, 20 with respect to free public education of children. 21 SEC. 519. SEVERABILITY. 22 If any provision of this subtitle, an amendment made 23 by this subtitle, or the application of such provision or 24 amendment to any person or circumstance is held to be 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 136 •HR 4782 IH unconstitutional, the remainder of this subtitle, the 1 amendments made by this subtitle, and the application of 2 the provisions of such to any person or circumstance shall 3 not be affected thereby. 4 SEC. 520. AUTHORIZATION OF FUNDS. 5 There are authorized to be appropriated such sums 6 as may be necessary to carry out sections 512, 517, and 7 518. 8 SEC. 521. SUNSET PROVISION. 9 Except as provided in sections 513 and 516, the pro- 10 visions of this subtitle shall be effective for the period be- 11 ginning on the date of enactment of this Act and ending 12 on August 1, 2018. 13 Subtitle C—Higher Education 14 Disaster Relief 15 SEC. 531. DEFINITIONS. 16 In this subtitle: 17 (1) AFFECTED INDIVIDUAL.—The term ‘‘af- 18 fected individual’’ means an individual who has ap- 19 plied for or received student financial assistance 20 under title IV of the Higher Education Act of 1965 21 (20 U.S.C. 1070 et seq.) and— 22 (A) who is an affected student; or 23 (B) whose primary place of employment or 24 residency was— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 137 •HR 4782 IH (i) as of September 5, 2017, in a cov- 1 ered disaster area due to Hurricane Irma; 2 or 3 (ii) as of September 16, 2017, in a 4 covered disaster area due to Hurricane 5 Maria. 6 (2) AFFECTED INSTITUTION.— 7 (A) IN GENERAL.—The term ‘‘affected in- 8 stitution’’ means an institution of higher edu- 9 cation that— 10 (i) is located in an area affected by a 11 covered disaster; and 12 (ii) has temporarily ceased operations 13 as a consequence of a covered disaster, as 14 determined by the Secretary. 15 (B) LENGTH OF TIME.—In determining 16 eligibility for assistance under this subtitle, the 17 Secretary, using consistent, objective criteria, 18 shall determine the time period for which an in- 19 stitution of higher education is an affected in- 20 stitution. 21 (C) SPECIAL RULE.—An organizational 22 unit of an affected institution that is not im- 23 pacted by a covered disaster shall not be consid- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 138 •HR 4782 IH ered as part of such affected institution for pur- 1 poses of receiving assistance under this subtitle. 2 (3) AFFECTED STUDENT.—The term ‘‘affected 3 student’’ means an individual who was enrolled or 4 accepted for enrollment on— 5 (A) September 5, 2017, at an affected in- 6 stitution that closed due to Hurricane Irma; or 7 (B) September 16, 2017, at an affected in- 8 stitution that closed due to Hurricane Maria. 9 (4) CANCELLED ENROLLMENT PERIOD.—The 10 term ‘‘cancelled enrollment period’’ means any pe- 11 riod of enrollment at an affected institution during 12 the academic year 2017–2018, during which stu- 13 dents were unable to attend such institution. 14 (5) INSTITUTION OF HIGHER EDUCATION.—The 15 term ‘‘institution of higher education’’ means— 16 (A) an institution covered by the definition 17 of such term in section 101 of the Higher Edu- 18 cation Act of 1965 (20 U.S.C. 1001); and 19 (B) an institution described in subpara- 20 graph (A) or (B) of section 102(a)(1) of such 21 Act (20 U.S.C. 1002(a)(1)(A), (B)). 22 (6) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Education. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 139 •HR 4782 IH SEC. 532. GENERAL WAIVERS AND MODIFICATIONS. 1 (a) AUTHORITY.—Notwithstanding any other provi- 2 sion of law, unless enacted with specific reference to this 3 section, the Secretary is authorized to waive or modify any 4 statutory or regulatory provision described in section 5 2(a)(2) of the Higher Education Relief Opportunities for 6 Students Act of 2003 (20 U.S.C. 1098bb(a)(2)) to ensure 7 that— 8 (1) administrative requirements placed on af- 9 fected students, affected individuals, affected institu- 10 tions, lenders, guaranty agencies, and grantees are 11 minimized to the extent possible without impairing 12 the integrity of the higher education programs under 13 the Higher Education Act of 1965, to ease the bur- 14 den on such participants; or 15 (2) institutions of higher education, lenders, 16 guaranty agencies, and other entities participating in 17 the student financial assistance programs under title 18 IV of the Higher Education Act of 1965, that serve 19 a covered disaster area may be granted temporary 20 relief from requirements that are rendered infeasible 21 or unreasonable due to the effects of a covered dis- 22 aster, including due diligence requirements and re- 23 porting deadlines. 24 (b) AUTHORITY TO EXTEND OR WAIVE REPORTING 25 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 140 •HR 4782 IH is authorized to extend reporting deadlines or waive re- 1 porting requirements under section 131(a) of the Higher 2 Education Act of 1965 (20 U.S.C. 1015(a)) for an af- 3 fected institution. 4 (c) CONSTRUCTION.—Nothing in this subtitle shall be 5 construed— 6 (1) to allow the Secretary to waive or modify 7 any applicable statutory or regulatory requirements 8 prohibiting discrimination in a program or activity, 9 or in employment or contracting, under existing law 10 (in existence on the date of the Secretary’s action); 11 or 12 (2) to authorize any refunding of any repay- 13 ment of a loan. 14 SEC. 533. MODIFICATION OF PART A OF TITLE II GRANTS 15 AUTHORIZED. 16 The Secretary is authorized to approve modifications 17 to the requirements for Teacher Quality Enhancement 18 Grants for States and Partnerships under part A of title 19 II of the Higher Education Act of 1965 (20 U.S.C. 1022 20 et seq.), at the request of the grantee— 21 (1) to assist States and local educational agen- 22 cies to recruit and retain highly qualified teachers in 23 a school district located in a covered disaster area; 24 and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 141 •HR 4782 IH (2) to assist institutions of higher education, lo- 1 cated in such area to recruit and retain faculty nec- 2 essary to prepare teachers and provide professional 3 development. 4 SEC. 534. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR 5 B OF TITLE III, TITLE V, AND OTHER GRANTS. 6 The Secretary is authorized to modify the required 7 and allowable uses of funds under chapters 1 and 2 of 8 subpart 2 of part A of title IV of the Higher Education 9 Act of 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et 10 seq.), under part A or B of title III of such Act (20 U.S.C. 11 1057 et seq., 1060 et seq.), under title V of such Act (20 12 U.S.C. 1101 et seq.), and under any other competitive 13 grant program, at the request of an affected institution 14 or other grantee, with respect to affected institutions and 15 other grantees located in a covered disaster area. The Sec- 16 retary may, under the authority of this section, authorize 17 new construction, renovation, or improvement of class- 18 rooms, libraries, laboratories, or other instructional facili- 19 ties that is not authorized under the institution’s grant 20 award, as in effect on the date of enactment of this Act, 21 under part A or B of title III, or title V, of the Higher 22 Education Act of 1965. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 142 •HR 4782 IH SEC. 535. PROFESSIONAL JUDGMENT. 1 (a) IN GENERAL.—A financial aid administrator 2 shall be considered to be making an adjustment in accord- 3 ance with section 479A(a) of the Higher Education Act 4 of 1965 (20 U.S.C. 1087tt(a)) if the financial aid adminis- 5 trator makes the adjustment with respect to the calcula- 6 tion of the expected student or parent contribution (or 7 both) for an affected student, or for a student or a parent 8 who resides or resided, or was employed— 9 (1) in a covered disaster area due to Hurricane 10 Irma, on September 5, 2017; or 11 (2) in a covered disaster area due to Hurricane 12 Maria, on September 16, 2017. 13 (b) DOCUMENTATION.—The financial aid adminis- 14 trator shall adequately document the need for the adjust- 15 ment. 16 SEC. 536. EXPANDING INFORMATION DISSEMINATION RE- 17 GARDING ELIGIBILITY FOR FEDERAL PELL 18 GRANTS. 19 (a) IN GENERAL.—The Secretary shall make special 20 efforts, in conjunction with State efforts, to notify affected 21 students and if applicable, their parents, who qualify for 22 means-tested Federal benefit programs, of their potential 23 eligibility for a maximum Federal Pell Grant under section 24 401 of the Higher Education Act of 1965 (20 U.S.C. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 143 •HR 4782 IH 1070a), and shall disseminate such informational mate- 1 rials as the Secretary deems appropriate. 2 (b) MEANS-TESTED FEDERAL BENEFIT PRO- 3 GRAM.—For the purpose of this section, the term ‘‘means- 4 tested Federal benefit program’’ means a mandatory 5 spending program of the Federal Government, other than 6 a program under the Higher Education Act of 1965 (20 7 U.S.C. 1001 et seq.), in which eligibility for the program’s 8 benefits, or the amount of such benefits, or both, are de- 9 termined on the basis of income or resources of the indi- 10 vidual or family seeking the benefit, and may include such 11 programs as the supplemental security income program 12 under title XVI of the Social Security Act, the food stamp 13 program under the Food Stamp Act of 1977, the free and 14 reduced price school lunch program established under the 15 Richard B. Russell National School Lunch Act, the tem- 16 porary assistance to needy families program established 17 under part A of title IV of the Social Security Act, and 18 the women, infants, and children program established 19 under section 17 of the Child Nutrition Act of 1966, and 20 other programs identified by the Secretary. 21 SEC. 537. PROCEDURES. 22 (a) REGULATORY REQUIREMENTS INAPPLICABLE.— 23 Sections 482(c) and 492 of the Higher Education Act of 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 144 •HR 4782 IH 1965 (20 U.S.C. 1089(c), 1098a) and section 553 of title 1 5, United States Code, shall not apply to this subtitle. 2 (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EX- 3 TENSIONS.—Notwithstanding section 437 of the General 4 Education Provisions Act (20 U.S.C. 1232) and section 5 553 of title 5, United States Code, the Secretary shall 6 make publicly available, by notice in the Federal Register, 7 the waivers, modifications, or extensions granted under 8 this subtitle. 9 (c) CASE-BY-CASE BASIS.—The Secretary is not re- 10 quired to exercise any waiver or modification authority 11 under this subtitle on a case-by-case basis. 12 SEC. 538. TEMPORARY DEFERRAL FOR AFFECTED FED- 13 ERAL STUDENT LOAN BORROWERS. 14 (a) IN GENERAL.—Notwithstanding any other provi- 15 sion of law, an affected borrower of a covered Federal stu- 16 dent loan shall be eligible for deferment, in the same man- 17 ner and subject to the same conditions as deferments are 18 provided for covered Federal student loans under section 19 428(b)(1)(M) or 455(f)(1) of the Higher Education Act 20 of 1965 (20 U.S.C. 1078(b)(1)(M); 1087e(f)(1)), for the 21 1-year period beginning on the date of enactment of this 22 Act. 23 (b) EXTENSION.—The Secretary may extend a 24 deferment provided under subsection (a) for not more than 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 145 •HR 4782 IH two 1-year periods, if the Secretary determines that condi- 1 tions warrant such an extension. 2 (c) APPLICABILITY TO OTHER LAW.—Any deferment 3 provided to an affected borrower under this section shall 4 not impact the affected borrower’s eligibility for any other 5 deferment under section 428(b)(1)(M) or 455(f)(2) of the 6 Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M), 7 1087e(f)(2)). 8 (d) DEFINITIONS.—In this section: 9 (1) AFFECTED BORROWER.—In this section, 10 the term ‘‘affected borrower’’ means an individual— 11 (A) who is a borrower of a covered Federal 12 student loan; and 13 (B) whose primary place of residency was, 14 as of September 5, 2017, in Puerto Rico or the 15 Virgin Islands. 16 (2) COVERED FEDERAL STUDENT LOAN.—The 17 term ‘‘covered Federal student loan’’ means a loan 18 made, insured, or guaranteed under part B or D of 19 title IV of the Higher Education Act of 1965 (20 20 U.S.C. 1071 et seq.; 1078a et seq.). 21 SEC. 539. TERMINATION OF AUTHORITY. 22 The authority of the Secretary to issue waivers or 23 modifications under this subtitle (except for section 538) 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 146 •HR 4782 IH shall expire at the conclusion of the 2017–2018 academic 1 year. 2 SEC. 540. VIRGIN ISLANDS AND PUERTO RICO COLLEGE AC- 3 CESS. 4 (a) PURPOSE.—It is the purpose of this section to 5 establish a program that enables college-bound residents 6 of the Virgin Islands and Puerto Rico to have greater 7 choices among institutions of higher education. 8 (b) GRANTS.— 9 (1) IN GENERAL.—From the total amount ap- 10 propriated under subsection (o) for a fiscal year, the 11 Secretary shall provide to each Governor for such 12 fiscal year an amount that bears the same relation 13 to such total amount appropriated as the population, 14 aged 15 to 17, inclusive, in the Governor’s State in 15 the preceding fiscal year bears to the sum of the 16 populations, aged 15 to 17, inclusive, in both the 17 Virgin Islands and Puerto Rico, in the preceding fis- 18 cal year. Such amounts provided to each Governor 19 shall be used to award grants to eligible institutions 20 that enroll eligible students to pay the difference be- 21 tween the tuition and fees charged for in-State stu- 22 dents and the tuition and fees charged for out-of- 23 State students on behalf of each eligible student en- 24 rolled in the eligible institution. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 147 •HR 4782 IH (2) MAXIMUM STUDENT AMOUNTS.—The grant 1 amount paid on behalf of an eligible student under 2 this section shall be— 3 (A) not more than $15,000 for any one 4 award year (as defined in section 481 of the 5 Higher Education Act of 1965 (20 U.S.C. 6 1088)); and 7 (B) not more than $45,000 in the aggre- 8 gate. 9 (3) PRORATION.—Each Governor shall prorate 10 payments under this section for students who attend 11 an eligible institution on less than a full-time basis. 12 (c) REDUCTION FOR INSUFFICIENT APPROPRIA- 13 TIONS.— 14 (1) IN GENERAL.—If the funds appropriated 15 pursuant to subsection (o) for any fiscal year are in- 16 sufficient to award a grant in the amount deter- 17 mined under subsection (b) on behalf of each eligible 18 student enrolled in an eligible institution, then each 19 Governor, in consultation with the Secretary, shall— 20 (A) first, ratably reduce the amount of the 21 tuition and fee payment made on behalf of each 22 eligible student who has not received funds 23 under this section for a preceding year; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 148 •HR 4782 IH (B) after making reductions under sub- 1 paragraph (A), ratably reduce the amount of 2 the tuition and fee payments made on behalf of 3 all other eligible students. 4 (2) ADJUSTMENTS.—Each Governor, in con- 5 sultation with the Secretary, may adjust the amount 6 of tuition and fee payments made under paragraph 7 (1) based on— 8 (A) the financial need of the eligible stu- 9 dents to avoid undue hardship to the eligible 10 students; or 11 (B) undue administrative burdens on the 12 Governor. 13 (3) FURTHER ADJUSTMENTS.—Notwith- 14 standing paragraphs (1) and (2), each Governor 15 may prioritize the making or amount of tuition and 16 fee payments under this subsection based on the in- 17 come and need of eligible students. 18 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 19 tion shall be construed to require an institution of higher 20 education to alter the institution’s admissions policies or 21 standards in any manner to enable an eligible student to 22 enroll in the institution. 23 (e) APPLICATIONS.—Each student desiring that a 24 Governor award a grant under this section to an eligible 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 149 •HR 4782 IH institution on behalf of the student shall submit an appli- 1 cation to the eligible institution at such time, in such man- 2 ner, and accompanied by such information as the eligible 3 institution may require. 4 (f) EMPLOYMENT AGREEMENT.— 5 (1) IN GENERAL.—Except as provided in sub- 6 section (h), each application submitted under sub- 7 section (e) shall contain or be accompanied by an 8 agreement by the applicant that the applicant will— 9 (A) maintain full-time employment within 10 the State where the applicant was domiciled, as 11 described in subsection (m)(3)(A), for a period 12 of not less than 2 years within the 4-year pe- 13 riod after the date the applicant completes the 14 course of study for which the applicant received 15 grant assistance under this section; and 16 (B) submit evidence of such employment in 17 the form of a certification by the employer upon 18 completion of each year of such employment. 19 (2) FAILURE OR REFUSAL TO CARRY OUT EM- 20 PLOYMENT OBLIGATION.—In the event that an ap- 21 plicant is determined to have failed or refused to 22 carry out the employment obligation described in 23 paragraph (1), the sum of the grant assistance 24 under this section received by such applicant shall be 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 150 •HR 4782 IH treated as a loan and collected from the applicant in 1 accordance with subsection (g) and the policies and 2 procedures under subsection (i)(2). 3 (g) REPAYMENT FOR FAILURE TO COMPLETE EM- 4 PLOYMENT.—In the event that any recipient of a grant 5 under this section fails or refuses to comply with the em- 6 ployment obligation in the agreement under subsection (f), 7 the sum of the amounts of any such grant received by 8 such recipient shall, upon a determination of such a failure 9 or refusal in such employment obligation, be treated as 10 a loan, and shall be subject to repayment, together with 11 interest thereon accruing from the date of the grant 12 award, in accordance with terms and conditions specified 13 by the Governor through policies and procedures under 14 subsection (i)(2). 15 (h) EXTENUATING CIRCUMSTANCES.— 16 (1) IN GENERAL.—Each Governor shall estab- 17 lish categories of extenuating circumstances under 18 which a recipient of grant assistance under this sec- 19 tion who is unable to fulfill all or part of the recipi- 20 ent’s employment obligation under subsection (f) 21 may be excused from fulfilling that portion of the 22 employment obligation. 23 (2) CONTINUOUS ENROLLMENT.—If a recipient 24 of grant assistance under this section is continuously 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 151 •HR 4782 IH enrolled at an institution of higher education in one 1 or more postbaccalaureate programs and is main- 2 taining satisfactory progress in the course of study 3 the student is pursuing in accordance with section 4 484(c) of the Higher Education Act of 1965 (20 5 U.S.C. 1091(c)), the employment obligation in the 6 agreement under subsection (f) shall begin once such 7 recipient is no longer continuously enrolled. 8 (i) ADMINISTRATION OF PROGRAM.— 9 (1) IN GENERAL.—Each Governor shall carry 10 out the program authorized under this section in 11 consultation with the Secretary. Each Governor may 12 enter into a grant, contract, or cooperative agree- 13 ment with another public or private entity to admin- 14 ister the program under this section if the Governor 15 determines that doing so is a more efficient way of 16 carrying out the program. 17 (2) POLICIES AND PROCEDURES.—Each Gov- 18 ernor, in consultation with institutions of higher 19 education eligible for participation in the program 20 authorized under this section, shall develop policies 21 and procedures for the administration of the pro- 22 gram. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 152 •HR 4782 IH (3) MEMORANDUM OF AGREEMENT.—Each 1 Governor and the Secretary shall enter into a Memo- 2 randum of Agreement that describes— 3 (A) the manner in which the Governor 4 shall consult with the Secretary with respect to 5 administering the program authorized under 6 this section; and 7 (B) any technical or other assistance to be 8 provided to the Governor by the Secretary for 9 purposes of administering the program (which 10 may include access to the information in the 11 common financial reporting form developed 12 under section 483 of the Higher Education Act 13 of 1965 (20 U.S.C. 1090)). 14 (j) GOVERNOR’S REPORT.—Each Governor shall re- 15 port to the authorizing committees annually regarding— 16 (1) the number of eligible students attending 17 each eligible institution and the amount of the grant 18 assistance paid to such institutions on behalf of the 19 eligible students; 20 (2) the extent, if any, to which a ratable reduc- 21 tion was made in the amount of tuition and fee pay- 22 ments made on behalf of eligible students; 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 153 •HR 4782 IH (3) the progress in obtaining recognized aca- 1 demic credentials of the cohort of eligible students 2 for each year; and 3 (4) the number of eligible students whose grant 4 assistance under this section has been converted to 5 a loan, and the repayment of such loans. 6 (k) GAO REPORT.—Beginning on the date of enact- 7 ment of this section, the Comptroller General of the 8 United States shall monitor the effect of the program au- 9 thorized under this section on educational opportunities 10 for eligible students. The Comptroller General shall ana- 11 lyze whether eligible students had difficulty gaining admis- 12 sion to eligible institutions because of any preference af- 13 forded in-State residents by eligible institutions, and shall 14 expeditiously report any findings regarding such difficulty 15 to the authorizing committees and each Governor. In addi- 16 tion, the Comptroller General shall— 17 (1) analyze the extent to which there are an in- 18 sufficient number of eligible institutions to which 19 students from the Virgin Islands and Puerto Rico 20 can gain admission, including admission aided by as- 21 sistance provided under this section, due to— 22 (A) caps on the number of out-of-State 23 students the institution will enroll; 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 154 •HR 4782 IH (B) significant barriers imposed by aca- 1 demic entrance requirements (such as grade 2 point average and standardized scholastic ad- 3 missions tests); and 4 (C) absence of admission programs benefit- 5 ting minority students; and 6 (2) report the findings of the analysis described 7 in paragraph (1) to the authorizing committees and 8 each Governor. 9 (l) GENERAL REQUIREMENTS.— 10 (1) PERSONNEL.—The Secretary shall arrange 11 for the assignment of an individual, pursuant to sub- 12 chapter VI of chapter 33 of title 5, United States 13 Code, to serve as an adviser to each Governor with 14 respect to the program authorized under this sec- 15 tion. 16 (2) ADMINISTRATIVE EXPENSES.—Each Gov- 17 ernor may use not more than 5 percent of the funds 18 made available for the program authorized under 19 this section for a fiscal year to pay the administra- 20 tive expenses of the program for the fiscal year. 21 (3) INSPECTOR GENERAL REVIEW.—The pro- 22 gram authorized under this section shall be subject 23 to audit and other review by the Inspector General 24 of the Department of Education in the same manner 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 155 •HR 4782 IH as programs are audited and reviewed under the In- 1 spector General Act of 1978 (5 U.S.C. App.). 2 (4) GIFTS.—Each Governor may accept, use, 3 and dispose of donations of services or property for 4 purposes of carrying out this section. 5 (5) MAXIMUM STUDENT AMOUNT ADJUST- 6 MENTS.—Each Governor shall establish rules to ad- 7 just the maximum student amounts described in 8 subsection (b)(2)(B) for eligible students who trans- 9 fer between the eligible institutions. 10 (m) DEFINITIONS.—In this section: 11 (1) AUTHORIZING COMMITTEES.—The term 12 ‘‘authorizing committees’’ has the meaning given the 13 term in section 103 of the Higher Education Act of 14 1965 (20 U.S.C. 1003). 15 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi- 16 ble institution’’ means an institution that— 17 (A) is a public 4-year institution of higher 18 education located in one of the several States of 19 the United States, the District of Columbia, or 20 Guam; 21 (B) is eligible to participate in the student 22 financial assistance programs under title IV of 23 the Higher Education Act of 1965 (20 U.S.C. 24 1070 et seq.); and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 156 •HR 4782 IH (C) enters into an agreement with a Gov- 1 ernor containing such terms and conditions as 2 the Governor and institution may jointly speci- 3 fy, including a requirement that the institution 4 use the funds made available under this section 5 to supplement and not supplant assistance that 6 otherwise would be provided to eligible students. 7 (3) ELIGIBLE STUDENT.—The term ‘‘eligible 8 student’’ means an individual who— 9 (A) was domiciled in the Virgin Islands or 10 Puerto Rico for not less than the 12 consecutive 11 months preceding the commencement of the 12 freshman year of the individual at an institu- 13 tion of higher education; 14 (B) graduated from a secondary school in 15 the Virgin Islands or Puerto Rico, or received 16 the recognized equivalent of a secondary school 17 diploma while domiciled in the Virgin Islands or 18 Puerto Rico, on or after January 1, 2013; 19 (C) begins the individual’s undergraduate 20 course of study within the 3 calendar years (ex- 21 cluding any period of service on active duty in 22 the Armed Forces, or service under the Peace 23 Corps Act (22 U.S.C. 2501 et seq.) or subtitle 24 C of title I of the National and Community 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 157 •HR 4782 IH Service Act of 1990 (42 U.S.C. 12571 et seq.)) 1 of graduation from a secondary school, or ob- 2 taining the recognized equivalent of a secondary 3 school diploma; 4 (D) is enrolled or accepted for enrollment, 5 on at least a half-time basis, in a baccalaureate 6 degree or other program (including a program 7 of study abroad approved for credit by the eligi- 8 ble institution at which such student is en- 9 rolled) leading to a recognized educational cre- 10 dential at an eligible institution; 11 (E) if enrolled in an eligible institution, is 12 maintaining satisfactory progress in the course 13 of study the student is pursuing in accordance 14 with section 484(c) of the Higher Education 15 Act of 1965 (20 U.S.C. 1091(c)); 16 (F) while enrolled in an eligible institution, 17 maintains the State where the applicant was 18 domiciled pursuant to subparagraph (A) as the 19 individual’s principal place of residence for pur- 20 poses of the laws of such State; and 21 (G) has not completed the individual’s first 22 undergraduate baccalaureate degree course of 23 study. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 158 •HR 4782 IH (4) INSTITUTION OF HIGHER EDUCATION.—The 1 term ‘‘institution of higher education’’ has the 2 meaning given the term in section 101 of the Higher 3 Education Act of 1965 (20 U.S.C. 1001). 4 (5) GOVERNOR.—The term ‘‘Governor’’ means 5 the Governor of the Virgin Islands or the Governor 6 of Puerto Rico. 7 (6) SECONDARY SCHOOL.—The term ‘‘sec- 8 ondary school’’ has the meaning given the term in 9 section 8101 of the Elementary and Secondary Edu- 10 cation Act of 1965 (20 U.S.C. 7801). 11 (7) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Education. 13 (8) STATE.—The term ‘‘State’’ has the mean- 14 ing given the term in section 103 of the Higher 15 Education Act of 1965 (20 U.S.C. 1003). 16 (n) EFFECTIVE DATE.—This section shall take effect 17 with respect to payments for periods of instruction that 18 begin on or after January 1, 2017. 19 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 20 authorized to be appropriated to carry out this section 21 $330,000,000 for each of the fiscal years 2018 through 22 2023, and such sums as may be necessary for each of the 23 succeeding fiscal years. Such funds shall remain available 24 until expended. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 159 •HR 4782 IH Subtitle D—Disaster Relief for 1 Other Education and Related 2 Programs 3 SEC. 551. DEFINITIONS. 4 (a) IN GENERAL.—Unless otherwise specified in this 5 subtitle, the terms used in this subtitle have the meanings 6 given the terms in section 8101 of the Elementary and 7 Secondary Education Act of 1965 (20 U.S.C. 7801). 8 (b) ADDITIONAL DEFINITIONS.—For the purposes of 9 this subtitle: 10 (1) AFFECTED HEAD START AGENCY.—The 11 term ‘‘affected Head Start agency’’ means a Head 12 Start agency, including an early Head Start agency, 13 receiving a significant number of children from a 14 covered disaster area. 15 (2) CHILD WITH A DISABILITY.—The term 16 ‘‘child with a disability’’ has the meaning given such 17 term in section 602 of the Individuals with Disabil- 18 ities Education Act (20 U.S.C. 1401). 19 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 20 ty’’ means— 21 (A) a local educational agency (as defined 22 in section 602 of the Individuals with Disabil- 23 ities Education Act (20 U.S.C. 1401)) if such 24 agency is located in a covered disaster area; 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 160 •HR 4782 IH (B) a State educational agency (as defined 1 in section 602 of such Act) of Puerto Rico or 2 the Virgin Islands; or 3 (C) a State interagency coordinating coun- 4 cil established under section 641 of such Act 5 (20 U.S.C. 1441) if such council is located in 6 a covered disaster area. 7 (4) INDIVIDUAL ADVERSELY AFFECTED BY A 8 COVERED DISASTER.—The term ‘‘individual ad- 9 versely affected by a covered disaster’’ means an in- 10 dividual who was living, working, or attending 11 school— 12 (A) on September 5, 2017, in a covered 13 disaster area due to Hurricane Irma; or 14 (B) on September 16, 2017, in a covered 15 disaster area due to Hurricane Maria. 16 (5) INFANT OR TODDLER WITH A DIS- 17 ABILITY.—The term ‘‘infant or toddler with a dis- 18 ability’’ has the meaning given such term in section 19 632 of the Individuals with Disabilities Education 20 Act (20 U.S.C. 1432). 21 (6) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of Education. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 161 •HR 4782 IH SEC. 552. AGREEMENTS TO EXTEND CERTAIN DEADLINES 1 OF THE INDIVIDUALS WITH DISABILITIES 2 EDUCATION ACT TO FACILITATE THE PROVI- 3 SION OF EDUCATIONAL SERVICES TO CHIL- 4 DREN WITH DISABILITIES. 5 (a) AUTHORITY.—The Secretary may enter into an 6 agreement described in subsection (b) with an eligible enti- 7 ty to extend certain deadlines under the Individuals with 8 Disabilities Education Act (20 U.S.C. 1400 et seq.) re- 9 lated to providing special education and related services, 10 including early intervention services, to individuals ad- 11 versely affected by a covered disaster. 12 (b) TERMS OF AGREEMENTS.—An agreement re- 13 ferred to in subsection (a) is an agreement with an eligible 14 entity made in accordance with subsection (e) that may 15 extend the applicable deadlines under one or more of the 16 following sections: 17 (1) Section 612(a)(15)(C) of the Individuals 18 with Disabilities Education Act (20 U.S.C. 19 1412(a)(15)(C)), by extending up to an additional 20 30 days the deadline for submission of the annual 21 report to the Secretary and the public regarding the 22 progress of the State and of children with disabilities 23 in the State. 24 (2) Section 616(b)(1)(A) of such Act (20 25 U.S.C. 1416(b)(1)(A)), by extending up to an addi- 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 162 •HR 4782 IH tional 30 days the deadline for finalization of the 1 State performance plan. 2 (3) Section 641(e)(1)(D) of such Act (20 3 U.S.C. 1441(e)(1)(D)), by extending up to an addi- 4 tional 30 days the deadline for submission to the 5 Governor of a State and the Secretary of the report 6 on the status of early intervention programs for in- 7 fants and toddlers with disabilities and their families 8 operated within the State. 9 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion shall be construed— 11 (1) as permitting the waiver of— 12 (A) any applicable Federal civil rights law; 13 (B) any student or family privacy protec- 14 tions, including provisions requiring parental 15 consent for evaluations and services; 16 (C) any procedural safeguards required 17 under section 615 or 639 of the Individuals 18 with Disabilities Education Act (20 U.S.C. 19 1415, 1439); or 20 (D) any requirements not specified in sub- 21 section (b); or 22 (2) as removing the obligation of the eligible en- 23 tity to provide a child with a disability or an infant 24 or toddler with a disability and their families— 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 163 •HR 4782 IH (A) a free appropriate public education 1 under part B of the Individuals with Disabil- 2 ities Education Act (20 U.S.C. 1411 et seq.); or 3 (B) early intervention services under part 4 C of such Act (20 U.S.C. 1431 et seq.). 5 (d) DURATION OF AGREEMENT.—An agreement 6 under this section shall terminate at the conclusion of the 7 2017–2018 academic year. 8 (e) REQUEST TO ENTER INTO AGREEMENT.—To 9 enter into an agreement under this section, an eligible en- 10 tity shall submit a request to the Secretary at such time, 11 in such manner, and containing such information as the 12 Secretary may require. 13 SEC. 553. HEAD START AND CHILD CARE AND DEVELOP- 14 MENT BLOCK GRANTS. 15 (a) HEAD START.— 16 (1) TECHNICAL ASSISTANCE, GUIDANCE, AND 17 RESOURCES.—From the amount made available for 18 Head Start in this Act, the Secretary of Health and 19 Human Services shall provide training and technical 20 assistance, guidance, and resources through the Re- 21 gion 2 offices of the Administration for Children and 22 Families (and may provide training and technical as- 23 sistance, guidance, and resources through other re- 24 gional offices of the Administration, at the request 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 164 •HR 4782 IH of such offices that administer affected Head Start 1 agencies) to Head Start agencies in a covered dis- 2 aster area, and to affected Head Start agencies, to 3 assist the agencies and entities involved to address 4 the health and counseling needs of infants, toddlers, 5 and young children affected by a covered disaster. 6 Such training and technical assistance may be pro- 7 vided by contract or cooperative agreement with 8 qualified national, regional, or local providers. 9 (2) WAIVER.—For such period up to September 10 30, 2018, and to such extent as the Secretary of 11 Health and Human Services considers appropriate, 12 the Secretary of Health and Human Services— 13 (A) may waive section 640(b) of the Head 14 Start Act (42 U.S.C. 9835(b)) for Head Start 15 agencies located in a covered disaster area and 16 other affected Head Start agencies; and 17 (B) shall waive requirements of docu- 18 mentation for individuals adversely affected by 19 a covered hurricane disaster who participate in 20 a Head Start program or an Early Head Start 21 program funded under the Head Start Act. 22 (b) CHILD CARE AND DEVELOPMENT BLOCK 23 GRANT.— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 165 •HR 4782 IH (1) CHILD CARE AND DEVELOPMENT BLOCK 1 GRANT ACT OF 1990.—For such period up to Sep- 2 tember 30, 2018, and to such extent as the Sec- 3 retary of Health and Human Services considers to 4 be appropriate, the Secretary of Health and Human 5 Services may waive, for Puerto Rico, the Virgin Is- 6 lands, and any State serving significant numbers of 7 individuals adversely affected by a covered disaster, 8 provisions of the Child Care and Development Block 9 Grant Act of 1990 (42 U.S.C. 9858 et seq.)— 10 (A) relating to Federal income limitations 11 on eligibility to receive child care services for 12 which assistance is provided under such Act; 13 (B) relating to work requirements applica- 14 ble to eligibility to receive child care services for 15 which assistance is provided under such Act; 16 (C) relating to limitations on the use of 17 funds under section 658G of the Child Care 18 and Development Block Grant Act of 1990 (42 19 U.S.C. 9858e); 20 (D) preventing children designated as evac- 21 uees from receiving priority for child care serv- 22 ices provided under such Act, except that chil- 23 dren residing in a State and currently receiving 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 166 •HR 4782 IH services should not lose such services to accom- 1 modate evacuee children; and 2 (E) relating to any non-Federal or capital 3 contribution required (including copayment or 4 other cost sharing by parents receiving child 5 care assistance) to match Federal funds pro- 6 vided under programs administered by the Sec- 7 retary of Health and Human Services. 8 (2) TECHNICAL ASSISTANCE AND GUIDANCE.— 9 The Secretary of Health and Human Services may 10 provide assistance to States for the purpose of pro- 11 viding training, technical assistance, and guidance to 12 eligible child care providers (as defined in section 13 658P of the Child Care and Development Block 14 Grant Act of 1990 (42 U.S.C. 9858n)) who are li- 15 censed and regulated, as applicable, by the States, to 16 enable such providers to provide child care services 17 for children and families described in paragraph (1). 18 Such training and technical assistance may be pro- 19 vided through intermediary organizations, including 20 those with demonstrated experience in providing 21 training and technical assistance to programs serv- 22 ing school-age children up to age 13, involved in re- 23 instituting child care services on a broad scale in a 24 covered disaster area. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 167 •HR 4782 IH TITLE VI—ECONOMIC DEVELOP- 1 MENT ASSISTANCE AND 2 WORKER PROTECTIONS 3 SEC. 601. TRAINING AND EMPLOYMENT SERVICES. 4 (a) IN GENERAL.—Out of funds of the Treasury not 5 otherwise appropriated, there is appropriated for the fiscal 6 year ending September 30, 2018: For an additional 7 amount for ‘‘Training and Employment Services’’, 8 $25,000,000, for the dislocated workers national reserve 9 to provide assistance under subparagraph (B) or (as ap- 10 propriate) subparagraph (C) of section 170(b)(1) of the 11 Workforce Innovation and Opportunity Act (29 U.S.C. 12 3225(b)(1)) for necessary expenses in Puerto Rico and the 13 Virgin Islands directly related to Hurricanes Irma and 14 Maria, to remain available until expended. 15 (b) TRANSFERS.—The Secretary of Labor may trans- 16 fer up to $3,500,000 of the amount described in sub- 17 section (a) to any other Department of Labor account for 18 other reconstruction and recovery needs, including worker 19 protection activities, in Puerto Rico and the Virgin Islands 20 related to Hurricanes Irma and Maria. 21 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 168 •HR 4782 IH SEC. 602. EQUITABLE TREATMENT FOR POSSESSIONS OF 1 THE UNITED STATES WITH RESPECT TO THE 2 EARNED INCOME TAX CREDIT AND THE 3 CHILD TAX CREDIT. 4 (a) EARNED INCOME TAX CREDIT.— 5 (1) IN GENERAL.—Section 32 of the Internal 6 Revenue Code of 1986 is amended by adding at the 7 end the following: 8 ‘‘(n) TREATMENT OF POSSESSIONS.— 9 ‘‘(1) PAYMENTS TO POSSESSIONS.— 10 ‘‘(A) MIRROR CODE POSSESSION.—The 11 Secretary of the Treasury shall periodically (but 12 not less frequently than annually) pay to each 13 possession of the United States with a mirror 14 code tax system amounts equal to the loss to 15 that possession by reason of the application of 16 this section (determined without regard to para- 17 graph (2)) with respect to taxable years begin- 18 ning after December 31, 2016. Such amounts 19 shall be determined by the Secretary of the 20 Treasury based on information provided by the 21 government of the respective possession. 22 ‘‘(B) OTHER POSSESSIONS.—The Sec- 23 retary of the Treasury shall periodically (but no 24 less frequently than annually) pay to each pos- 25 session of the United States which does not 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 169 •HR 4782 IH have a mirror code tax system amounts esti- 1 mated by the Secretary of the Treasury as 2 being equal to the aggregate benefits that would 3 have been provided to residents of such posses- 4 sion by reason of the application of this section 5 for taxable years beginning after December 31, 6 2016, if a mirror code tax system had been in 7 effect in such possession. The preceding sen- 8 tence shall not apply with respect to any posses- 9 sion of the United States unless such possession 10 has a plan, which has been approved by the 11 Secretary of the Treasury, under which such 12 possession will promptly distribute such pay- 13 ments to the residents of such possession. 14 ‘‘(2) COORDINATION WITH CREDIT ALLOWED 15 AGAINST UNITED STATES INCOME TAXES.—No cred- 16 it shall be allowed under this section for any taxable 17 year to any person— 18 ‘‘(A) to whom a credit is allowed against 19 taxes imposed by the possession by reason of 20 this section (determined without regard to this 21 paragraph) for such taxable year, or 22 ‘‘(B) who is eligible for a payment under 23 a plan described in paragraph (1)(B) with re- 24 spect to such taxable year. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 170 •HR 4782 IH ‘‘(3) DEFINITIONS AND SPECIAL RULES.— 1 ‘‘(A) POSSESSION OF THE UNITED 2 STATES.—For purposes of this subsection, the 3 term ‘possession of the United States’ includes 4 the Commonwealth of Puerto Rico and the 5 Commonwealth of the Northern Mariana Is- 6 lands. 7 ‘‘(B) MIRROR CODE TAX SYSTEM.—For 8 purposes of this subsection, the term ‘mirror 9 code tax system’ means, with respect to any 10 possession of the United States, the income tax 11 system of such possession if the income tax li- 12 ability of the residents of such possession under 13 such system is determined by reference to the 14 income tax laws of the United States as if such 15 possession were the United States, and such 16 system includes a tax credit substantially iden- 17 tical to the credit allowed under this section. 18 ‘‘(C) TREATMENT OF PAYMENTS.—For 19 purposes of section 1324(b)(2) of title 31, 20 United States Code, or any similar rule of law, 21 any payment made under this subsection shall 22 be treated in the same manner as a refund due 23 from the credit allowed under this section.’’. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 171 •HR 4782 IH (2) EFFECTIVE DATE.—The amendment made 1 by this subsection shall apply with respect to taxable 2 years beginning after December 31, 2016. 3 (b) EQUITABLE TREATMENT FOR RESIDENTS OF 4 PUERTO RICO WITH RESPECT TO THE REFUNDABLE 5 PORTION OF THE CHILD TAX CREDIT.— 6 (1) IN GENERAL.—Section 24(d)(1) of the In- 7 ternal Revenue Code of 1986 is amended by insert- 8 ing ‘‘or section 933’’ after ‘‘section 112’’. 9 (2) EFFECTIVE DATE.—The amendment made 10 by paragraph (1) shall apply to taxable years begin- 11 ning after December 31, 2016. 12 (c) PAYMENTS TO VIRGIN ISLANDS AND GUAM FOR 13 LOST REVENUE WITH RESPECT TO THE CHILD TAX 14 CREDIT.—Section 24 of such Code is amended by adding 15 at the end the following: 16 ‘‘(h) PAYMENTS TO VIRGIN ISLANDS AND GUAM FOR 17 LOST REVENUE.—The Secretary shall make annual pay- 18 ments to the Virgin Islands and to Guam in amounts 19 equal to the aggregate loss to the Virgin Islands or Guam, 20 as the case may be, by reason of the application of this 21 section with respect to taxable years beginning after 2016. 22 Such amounts shall be determined by the Secretary based 23 on information provided by the Virgin Islands and Guam. 24 For purposes of section 1324(b)(2) of title 31, United 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 172 •HR 4782 IH States Code, the payments under this subsection shall be 1 treated in the same manner as a refund due from the cred- 2 it allowed under this section.’’. 3 SEC. 603. REQUIREMENT TO USE LOCAL LABOR. 4 In carrying out relief and recovery efforts relating to 5 a covered disaster in Puerto Rico and the Virgin Islands, 6 the Administrator of the Federal Emergency Management 7 Agency shall ensure that— 8 (1) to the greatest extent practicable, individ- 9 uals who carry out such efforts are individuals who 10 reside in a covered disaster area; 11 (2) workers are protected by project labor 12 agreements; and 13 (3) local, family-sustaining union jobs are pro- 14 tected. 15 SEC. 604. MINIMUM WAGE FOR YOUNG EMPLOYEES IN 16 PUERTO RICO. 17 Section 6(g) of the Fair Labor Standards Act of 18 1938 (29 U.S.C. 206(g)) is amended— 19 (1) by striking paragraph (2) and redesignating 20 paragraphs (3) through (5) as paragraphs (2) 21 through (4), respectively; 22 (2) in paragraph (2), as so redesignated, by 23 striking ‘‘or (2)’’; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 173 •HR 4782 IH (3) in paragraph (4), as so redesignated, by 1 striking ‘‘20 years, except’’ and all that follows 2 through the period and inserting ‘‘20 years.’’. 3 SEC. 605. OVERTIME HOURS PROTECTIONS FOR WORKERS 4 IN PUERTO RICO. 5 Section 404 of the Puerto Rico Oversight, Manage- 6 ment, and Economic Stability Act (48 U.S.C. 2193) is re- 7 pealed. 8 SEC. 606. UNEMPLOYMENT ASSISTANCE FOR PUERTO RICO 9 AND THE VIRGIN ISLANDS. 10 (a) EXTENSION OF DISASTER UNEMPLOYMENT BEN- 11 EFIT PERIOD.— 12 (1) IN GENERAL.—Notwithstanding section 13 410(a) of the Robert T. Stafford Disaster Relief and 14 Emergency Assistance Act (42 U.S.C. 5177(a)) or 15 any regulations implementing that section— 16 (A) in the case of an individual who is ap- 17 plying for unemployment assistance under that 18 section 410(a) as a result of a covered dis- 19 aster— 20 (i) the individual shall file the applica- 21 tion for unemployment assistance not later 22 than July 11, 2018; and 23 (ii) the individual shall submit all doc- 24 umentation required to be submitted in 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 174 •HR 4782 IH support of an application described in 1 clause (i) not later than 90 days after the 2 date on which the application was filed; 3 and 4 (B) in the case of an individual who is eli- 5 gible to receive unemployment assistance under 6 that section 410(a) as a result of a covered dis- 7 aster, the President shall make such assistance 8 available for 52 weeks after the date on which 9 the President declared the covered disaster. 10 (2) REGULATIONS.—The Secretary of Labor 11 may prescribe any operating instructions or regula- 12 tions necessary to carry out this subsection. 13 (b) OTHER UNEMPLOYMENT ASSISTANCE.—Section 14 903 of the Social Security Act (42 U.S.C. 1103) is amend- 15 ed by adding at the end the following new subsection: 16 ‘‘Special Transfer in Fiscal Year 2018 17 ‘‘(h) Not later than 10 days after the date of the en- 18 actment of this subsection, the Secretary of the Treasury 19 shall transfer from the Federal unemployment account, to 20 remain available until expended— 21 ‘‘(1) $325,000,000 to the account of the Com- 22 monwealth of Puerto Rico in the Unemployment 23 Trust Fund; and 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 175 •HR 4782 IH ‘‘(2) $25,000,000 to the account of the United 1 States Virgin Islands in the Unemployment Trust 2 Fund.’’. 3 SEC. 607. EXTENSION OF THE SUPPLEMENTAL SECURITY 4 INCOME PROGRAM TO TERRITORIES. 5 (a) IN GENERAL.—Section 303 of the Social Security 6 Amendments of 1972 (86 Stat. 1484) is amended by strik- 7 ing subsection (b). 8 (b) CONFORMING AMENDMENTS.— 9 (1) DEFINITION OF STATE.—Section 10 1101(a)(1) of the Social Security Act (42 U.S.C. 11 1301(a)(1)) is amended by striking the fifth sen- 12 tence and inserting the following: ‘‘Such term when 13 used in title XVI includes Puerto Rico, the United 14 States Virgin Islands, Guam, and American 15 Samoa.’’. 16 (2) ELIMINATION OF LIMIT ON TOTAL PAY- 17 MENTS TO THE TERRITORIES.—Section 1108 of 18 such Act (42 U.S.C. 1308) is amended— 19 (A) in the section heading, by striking ‘‘; 20 LIMITATION ON TOTAL PAYMENTS’’; 21 (B) by striking subsection (a); and 22 (C) in subsection (c), by striking para- 23 graphs (2) and (4) and redesignating para- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 176 •HR 4782 IH graphs (3) and (5) as paragraphs (2) and (4), 1 respectively. 2 (3) UNITED STATES NATIONALS TREATED THE 3 SAME AS CITIZENS.—Section 1614(a)(1)(B) of such 4 Act (42 U.S.C. 1382c(a)(1)(B)) is amended— 5 (A) in clause (i)(I), by inserting ‘‘or na- 6 tional,’’ after ‘‘citizen’’; 7 (B) in clause (i)(II), by adding ‘‘; or’’ at 8 the end; and 9 (C) in clause (ii), by inserting ‘‘or na- 10 tional’’ after ‘‘citizen’’. 11 (4) TERRITORIES INCLUDED IN GEOGRAPHIC 12 MEANING OF UNITED STATES.—Section 1614(e) of 13 such Act (42 U.S.C. 1382c(e)) is amended by strik- 14 ing ‘‘and the District of Columbia’’ and inserting ‘‘, 15 the District of Columbia, Puerto Rico, the United 16 States Virgin Islands, Guam, and American 17 Samoa’’. 18 (c) WAIVER AUTHORITY.—The Commissioner of So- 19 cial Security may waive or modify any statutory require- 20 ment relating to the provision of benefits under the Sup- 21 plemental Security Income Program under title XVI of the 22 Social Security Act in Puerto Rico, the Virgin Islands, 23 Guam, or American Samoa, to the extent that the Com- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 177 •HR 4782 IH missioner deems it necessary in order to adapt the pro- 1 gram to the needs of the territory involved. 2 (d) EFFECTIVE DATE.—This section and the amend- 3 ments made by this section shall take effect on the first 4 day of the first Federal fiscal year that begins one year 5 or more after the date of the enactment of this Act. 6 SEC. 608. ECONOMIC DEVELOPMENT ASSISTANCE PRO- 7 GRAMS. 8 Out of funds of the Treasury not otherwise appro- 9 priated, there is appropriated, pursuant to section 703 of 10 the Public Works and Economic Development Act (42 11 U.S.C. 3233), an additional amount for ‘‘Economic Devel- 12 opment Assistance Programs’’, for necessary expenses re- 13 lated to disaster relief, long-term recovery, and restoration 14 of infrastructure in areas covered by the declaration of a 15 major disaster under title IV of the Robert T. Stafford 16 Disaster Relief and Emergency Assistance Act (42 U.S.C. 17 5121 et seq.) as a result of Hurricanes Irma and Maria, 18 $235,612,500 for fiscal year 2018, to remain available 19 until expended, of which— 20 (1) $228,750,000 shall be made available for 21 Puerto Rico; and 22 (2) $6,862,500 shall be made available for the 23 Virgin Islands. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 178 •HR 4782 IH SEC. 609. APPROPRIATION TO CDFI FUND FOR DISASTER 1 RELIEF IN PUERTO RICO AND THE VIRGIN IS- 2 LANDS. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘community development financial 5 institution’’ has the meaning given the term in sec- 6 tion 103 of the Community Development Banking 7 and Financial Institutions Act of 1994 (12 U.S.C. 8 4702); and 9 (2) the term ‘‘Fund’’ means the Community 10 Development Financial Institutions Fund established 11 under section 104(a) of the Community Develop- 12 ment Banking and Financial Institutions Act of 13 1994 (12 U.S.C. 4703(a)). 14 (b) APPROPRIATION.—Out of funds of the Treasury 15 not otherwise appropriated, there is appropriated to the 16 Fund $250,000,000, which shall— 17 (1) be used for financial and technical assist- 18 ance to community development financial institu- 19 tions for costs relating to disaster relief and long- 20 term recovery in covered disaster areas; and 21 (2) remain available during the 5-year period 22 beginning on the date of enactment of this Act. 23 (c) SUSPENSION OF MATCHING REQUIREMENT.— 24 Notwithstanding any other provision of law, during the 5- 25 year period beginning on the date of enactment of this 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 179 •HR 4782 IH Act, there shall be no requirement to match any assistance 1 provided by the Fund to community development financial 2 institutions for costs relating to disaster relief and long- 3 term recovery in covered disaster areas with funds from 4 sources other than the Federal Government. 5 SEC. 610. COMMUNITY DEVELOPMENT FUND. 6 Out of funds of the Treasury not otherwise appro- 7 priated, there is appropriated to the Community Develop- 8 ment Fund of the Department of Housing and Urban De- 9 velopment $48,000,000,000 for fiscal year 2018, to re- 10 main available until expended, for necessary expenses for 11 activities authorized under title I of the Housing and Com- 12 munity Development Act of 1974 (42 U.S.C. 5301 et seq.) 13 related to disaster relief, long-term recovery, restoration 14 of infrastructure and housing, and economic revitalization 15 in the most impacted and distressed areas that are covered 16 disaster areas, of which $46,000,000,000 shall be for such 17 areas in Puerto Rico and $2,000,000,000 shall be for such 18 areas in the Virgin Islands: Provided, That funds shall be 19 awarded directly to the State or unit of general local gov- 20 ernment at the discretion of the Secretary of Housing and 21 Urban Development (referred to in this section as the 22 ‘‘Secretary’’): Provided further, That as a condition of 23 making any grant, the Secretary shall certify in advance 24 that such grantee has in place proficient financial controls 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 180 •HR 4782 IH and procurement processes and has established adequate 1 procedures to prevent any duplication of benefits as de- 2 fined in section 312 of the Robert T. Stafford Disaster 3 Relief and Emergency Assistance Act (42 U.S.C. 5155), 4 to ensure timely expenditure of funds, to maintain com- 5 prehensive websites regarding all disaster recovery activi- 6 ties assisted with these funds, and to detect and prevent 7 waste, fraud, and abuse of funds: Provided further, That 8 prior to the obligation of funds a grantee shall submit a 9 plan to the Secretary for approval detailing the proposed 10 use of all funds, including criteria for eligibility and how 11 the use of these funds will address long-term recovery and 12 restoration of infrastructure and housing and economic re- 13 vitalization in the most impacted and distressed areas: 14 Provided further, That such funds may not be used for 15 activities reimbursable by, or for which funds are made 16 available by, the Federal Emergency Management Agency 17 or the Army Corps of Engineers: Provided further, That 18 funds allocated under this section shall not be considered 19 relevant to the non-disaster formula allocations made 20 under section 106 of the Housing and Community Devel- 21 opment Act of 1974 (42 U.S.C. 5306): Provided further, 22 That a State, subdivision thereof, or unit of general local 23 government may use not more than 5 percent of its alloca- 24 tion for administrative costs: Provided further, That in ad- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 181 •HR 4782 IH ministering the funds under this section, the Secretary 1 may waive, or specify alternative requirements for, any 2 provision of any statute or regulation that the Secretary 3 administers in connection with the obligation by the Sec- 4 retary or the use by the recipient of these funds (except 5 for requirements related to fair housing, nondiscrimina- 6 tion, labor standards, and the environment), if the Sec- 7 retary finds that good cause exists for the waiver or alter- 8 native requirement and such waiver or alternative require- 9 ment would not be inconsistent with the overall purpose 10 of title I of the Housing and Community Development Act 11 of 1974: Provided further, That, notwithstanding the pre- 12 ceding proviso, recipients of funds provided under this sec- 13 tion that use such funds to supplement Federal assistance 14 provided under section 402, 403, 404, 406, 407, or 502 15 of the Robert T. Stafford Disaster Relief and Emergency 16 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, with- 17 out review or public comment, any environmental review, 18 approval, or permit performed by a Federal agency, and 19 such adoption shall satisfy the responsibilities of the re- 20 cipient with respect to such environmental review, ap- 21 proval, or permit: Provided further, That, notwithstanding 22 section 104(g)(2) of the Housing and Community Devel- 23 opment Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 24 may, upon receipt of a request for release of funds and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 182 •HR 4782 IH certification, immediately approve the release of funds for 1 an activity or project assisted under this section if the re- 2 cipient has adopted an environmental review, approval, or 3 permit under the preceding proviso or the activity or 4 project is categorically excluded from review under the Na- 5 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 6 et seq.): Provided further, That the Secretary shall publish 7 via notice in the Federal Register any waiver, or alter- 8 native requirement, to any statute or regulation that the 9 Secretary administers under title I of the Housing and 10 Community Development Act of 1974 not later than 5 11 days before the effective date of the waiver or alternative 12 requirement: Provided further, That of the amounts made 13 available under this section, not more than $10,000,000 14 may be transferred, in aggregate, to ‘‘Department of 15 Housing and Urban Development—Program Office Sala- 16 ries and Expenses—Community Planning and Develop- 17 ment’’ for necessary costs, including information tech- 18 nology costs, of administering and overseeing the obliga- 19 tion and expenditure of amounts under this section. 20 SEC. 611. SMALL BUSINESS ADMINISTRATION DISASTER 21 LOANS. 22 Out of funds of the Treasury not otherwise appro- 23 priated, there is appropriated to the Disaster Loans Pro- 24 gram Account of the Small Business Administration 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 183 •HR 4782 IH $2,730,729,378 for fiscal year 2018, to remain available 1 until expended, to carry out the loan program authorized 2 under section 7(b) of the Small Business Act (15 U.S.C. 3 636(b)) in Puerto Rico and the Virgin Islands. 4 SEC. 612. TEMPORARY INCREASE IN NEW MARKETS TAX 5 CREDIT FOR INVESTMENTS IN COMMUNITY 6 DEVELOPMENT ENTITIES SERVING COVERED 7 DISASTER AREAS. 8 (a) IN GENERAL.—Subsection (f) of section 45D of 9 the Internal Revenue Code of 1986 is amended by adding 10 at the end the following new paragraph: 11 ‘‘(4) TEMPORARILY INCREASED SPECIAL ALLO- 12 CATION FOR COMMUNITY DEVELOPMENT ENTITIES 13 SERVING DISASTER AREAS.— 14 ‘‘(A) IN GENERAL.—In the case of cal- 15 endar year 2018, the new markets tax credit 16 limitation shall be increased by an amount 17 equal to $1,000,000,000, to be allocated among 18 qualified community development entities to 19 make qualified low-income community invest- 20 ments within any covered federally declared dis- 21 aster area. 22 ‘‘(B) ALLOCATION OF INCREASE.—The 23 amount of the increase in limitation under sub- 24 paragraph (A) shall be allocated by the Sec- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 184 •HR 4782 IH retary under paragraph (2) to qualified commu- 1 nity development entities and the Secretary 2 shall give priority, when appropriate, to such 3 entities with a record of having successfully 4 provided capital or technical assistance to busi- 5 nesses or communities within any covered feder- 6 ally declared disaster area or areas for which 7 the allocation is requested. 8 ‘‘(C) APPLICATION OF CARRYFORWARD.— 9 Paragraph (3) shall be applied separately with 10 respect to the amount of any increase under 11 subparagraph (A). 12 ‘‘(D) COVERED FEDERALLY DECLARED 13 DISASTER AREA.—For purposes of this para- 14 graph, the term ‘covered federally declared dis- 15 aster area’ means any disaster area in Puerto 16 Rico or the Virgin Islands resulting from any 17 federally declared disaster occurring in calendar 18 year 2017. For purposes of the preceding sen- 19 tence, the terms ‘Federally declared disaster’ 20 and ‘disaster area’ have the meanings given 21 such terms in section 165(i)(5). 22 ‘‘(E) PAYMENTS TO VIRGIN ISLANDS FOR 23 LOST REVENUE.—The Secretary shall make an- 24 nual payments to the Virgin Islands in amounts 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 185 •HR 4782 IH equal to the aggregate loss to the Virgin Is- 1 lands, as the case may be, by reason of the ap- 2 plication of this section with respect to taxable 3 years beginning after 2017. Such amounts shall 4 be determined by the Secretary based on infor- 5 mation provided by the Virgin Islands. For pur- 6 poses of section 1324(b)(2) of title 31, United 7 States Code, the payments under this sub- 8 section shall be treated in the same manner as 9 a refund due from the credit allowed under this 10 section.’’. 11 (b) EFFECTIVE DATE.—The amendments made by 12 this section shall apply to calendar years beginning after 13 2017. 14 SEC. 613. FULL RUM COVER OVER. 15 (a) IN GENERAL.—Section 7652 of the Internal Rev- 16 enue Code of 1986 is amended— 17 (1) by striking subsection (f); and 18 (2) by redesignating subsections (g) and (h) as 19 subsections (f) and (g), respectively. 20 (b) EFFECTIVE DATE.—The amendments made by 21 this section shall apply with respect to distilled spirits 22 brought into the United States after December 31, 2016. 23 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 186 •HR 4782 IH SEC. 614. TEMPORARY MODIFICATION TO TAX HOME AND 1 CLOSER CONNECTION TEST. 2 For purposes of paragraph (2) of section 937(a) of 3 the Internal Revenue Code of 1986, in the case of the tax- 4 able year of an individual that includes September 5, 5 2017, if such individual does not have a tax home outside 6 the Virgin Islands or Puerto Rico, and does not have a 7 closer connection to the United States or a foreign coun- 8 try, for the period of such taxable year preceding such 9 date, such section shall be applied without regard to such 10 paragraph for the period of such taxable year on or after 11 such date. 12 SEC. 615. INCOME ALLOCABLE TO FIXED PLACE OF BUSI- 13 NESS. 14 For purposes of the Internal Revenue Code of 1986 15 (including determining source and transfer pricing), any 16 person that has a fixed place of business in the Virgin 17 Islands or Puerto Rico at any time during the period be- 18 ginning on January 1, 2017, and ending on August 31, 19 2017, may elect to treat income in connection with such 20 business for the period beginning September 5, 2017, and 21 ending on December 31, 2017, as derived from the con- 22 duct of a trade or business within the Virgin Islands or 23 Puerto Rico. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 187 •HR 4782 IH SEC. 616. FEDERAL PERMITTING. 1 During the 5-year period beginning on the date of 2 enactment of this Act, the President shall take necessary 3 actions to expedite the issuance of Federal permits re- 4 quired for construction projects in Puerto Rico and the 5 Virgin Islands. 6 TITLE VII—ENVIRONMENTAL 7 REMEDIATION 8 SEC. 701. NATIONAL PARK SERVICE HISTORIC PRESERVA- 9 TION FUND. 10 (a) FUNDING.—Out of funds of the Treasury not oth- 11 erwise appropriated, there is appropriated to the Historic 12 Preservation Fund of the National Park Service 13 $2,130,000 for fiscal year 2018, to remain available until 14 expended, for necessary expenses relating to the con- 15 sequences of Hurricane Irma and Hurricane Maria, of 16 which— 17 (1) $1,300,000 is for necessary expenses in 18 Puerto Rico; and 19 (2) $830,000 is for necessary expenses in the 20 Virgin Islands. 21 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith- 22 standing any other provision of law, the non-Federal share 23 of the cost of any program or activity carried out using 24 funds provided under this section shall be zero. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 188 •HR 4782 IH SEC. 702. ENVIRONMENTAL PROTECTION AGENCY ENVI- 1 RONMENTAL PROGRAMS AND MANAGEMENT. 2 Out of funds of the Treasury not otherwise appro- 3 priated, there is appropriated to the Environmental Pro- 4 grams and Management Account of the Environmental 5 Protection Agency $1,100,000 for fiscal year 2018, to re- 6 main available until expended, for necessary expenses re- 7 lating to the consequences of Hurricane Irma and Hurri- 8 cane Maria, of which— 9 (1) $700,000 is for necessary expenses in Puer- 10 to Rico; and 11 (2) $400,000 is for necessary expenses in the 12 Virgin Islands. 13 SEC. 703. HAZARDOUS SUBSTANCE SUPERFUND. 14 Out of funds of the Treasury not otherwise appro- 15 priated, there is appropriated to the Hazardous Substance 16 Superfund established by section 9507(a) of the Internal 17 Revenue Code of 1986 $2,000,000 for fiscal year 2018, 18 to remain available until expended, for necessary expenses 19 in Puerto Rico and the Virgin Islands relating to the con- 20 sequences of Hurricane Irma and Hurricane Maria. 21 SEC. 704. LEAKING UNDERGROUND STORAGE TANK FUND. 22 Out of funds of the Treasury not otherwise appro- 23 priated, there is appropriated to the Leaking Underground 24 Storage Tank Trust Fund established by section 9508(a) 25 of the Internal Revenue Code of 1986 $2,760,000 for fis- 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 189 •HR 4782 IH cal year 2018, to remain available until expended, for nec- 1 essary expenses relating to the consequences of Hurricane 2 Irma and Hurricane Maria, of which— 3 (1) $2,600,000 is for necessary expenses in 4 Puerto Rico; and 5 (2) $160,000 is for necessary expenses in the 6 Virgin Islands. 7 SEC. 705. DEPARTMENT OF THE INTERIOR GRANTS. 8 (a) FUNDING.—Out of funds of the Treasury not oth- 9 erwise appropriated, there is appropriated to the Secretary 10 of the Interior $7,054,000 for fiscal year 2018, to remain 11 available until expended, of which— 12 (1) $6,800,000 is for grants— 13 (A) to restore and rebuild units of the Na- 14 tional Park System, units of the National Wild- 15 life Refuge System, and other Federal public 16 assets in Puerto Rico; and 17 (B) to increase the resiliency and capacity 18 of coastal habitat and infrastructure in Puerto 19 Rico to withstand storms and reduce the dam- 20 age caused by storms; and 21 (2) $254,000 is for grants— 22 (A) to restore and rebuild units of the Na- 23 tional Park System, units of the National Wild- 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 190 •HR 4782 IH life Refuge System, and other Federal public 1 assets in the Virgin Islands; and 2 (B) to increase the resiliency and capacity 3 of coastal habitat and infrastructure in the Vir- 4 gin Islands to withstand storms and reduce the 5 damage caused by storms. 6 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith- 7 standing any other provision of law, the non-Federal share 8 of the cost of any program or activity carried out using 9 funds provided under this section shall be zero. 10 SEC. 706. DEPARTMENT OF DEFENSE ENVIRONMENTAL 11 RESTORATION. 12 (a) PUERTO RICO.— 13 (1) ENVIRONMENTAL RESTORATION, ARMY.— 14 Out of funds of the Treasury not otherwise appro- 15 priated, there is appropriated to the Environmental 16 Restoration, Army account of the Department of 17 Defense $6,335,000 for fiscal year 2018, to remain 18 available until expended, to carry out environmental 19 restoration activities at Army locations in Puerto 20 Rico. 21 (2) ENVIRONMENTAL RESTORATION, NAVY.— 22 Out of funds of the Treasury not otherwise appro- 23 priated, there is appropriated to the Environmental 24 Restoration, Navy account of the Department of De- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 191 •HR 4782 IH fense $333,677,000 for fiscal year 2018, to remain 1 available until expended, to carry out environmental 2 restoration activities at Navy locations in Puerto 3 Rico. 4 (3) ENVIRONMENTAL RESTORATION, AIR 5 FORCE.—Out of funds of the Treasury not otherwise 6 appropriated, there is appropriated to the Environ- 7 mental Restoration, Air Force account of the De- 8 partment of Defense $1,408,000 for fiscal year 9 2018, to remain available until expended, to carry 10 out environmental restoration activities at Air Force 11 locations in Puerto Rico. 12 (4) ENVIRONMENTAL RESTORATION, FORMERLY 13 USED DEFENSE SITES.—Out of funds of the Treas- 14 ury not otherwise appropriated, there is appro- 15 priated to the Environmental Restoration, Formerly 16 Used Defense Sites account of the Department of 17 Defense $161,028,000 for fiscal year 2018, to re- 18 main available until expended, to carry out environ- 19 mental restoration activities at sites formerly used 20 by the Department of Defense in Puerto Rico. 21 (5) DEPARTMENT OF DEFENSE BASE CLOSURE 22 ACCOUNT.—Out of funds of the Treasury not other- 23 wise appropriated, there is appropriated to the De- 24 partment of Defense Base Closure Account estab- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 192 •HR 4782 IH lished by section 2906(a) of the Defense Base Clo- 1 sure and Realignment Act of 1990 (part A of title 2 XXIX of Public Law 101–510; 10 U.S.C. 2687 3 note) $46,896,000 for fiscal year 2018, to remain 4 available until expended, to carry out environmental 5 restoration activities at properties in Puerto Rico 6 disposed of pursuant to a base closure law. 7 (b) VIRGIN ISLANDS.—Out of funds of the Treasury 8 not otherwise appropriated, there is appropriated to the 9 Environmental Restoration, Formerly Used Defense Sites 10 account of the Department of Defense $6,406,000 for fis- 11 cal year 2018, to remain available until expended, to carry 12 out environmental restoration activities at sites formerly 13 used by the Department of Defense in the Virgin Islands. 14 SEC. 707. ADDITIONAL RECOVERY ASSISTANCE FOR PUER- 15 TO RICO AND THE VIRGIN ISLANDS FUND. 16 (a) ESTABLISHMENT OF FUND.—There is estab- 17 lished in the Treasury a fund, to be known as the ‘‘Addi- 18 tional Recovery Assistance for Puerto Rico and the Virgin 19 Islands Fund’’ (referred to in this section as the ‘‘Fund’’), 20 consisting of such amounts as are appropriated to the 21 Fund under subsection (b). 22 (b) FUNDING.—Out of funds of the Treasury not oth- 23 erwise appropriated, there is appropriated to the Fund 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 193 •HR 4782 IH $5,000,000 for fiscal year 2018, to remain available until 1 expended. 2 (c) AVAILABILITY OF FUNDS.—Amounts in the Fund 3 shall be available without further appropriation to the Ad- 4 ministrator of the Environmental Protection Agency, the 5 Secretary of Energy, the Secretary of Defense, and the 6 Secretary of the Interior to carry out projects authorized 7 under this title in Puerto Rico and the Virgin Islands that 8 are not eligible for assistance under the public assistance 9 grant program. 10 SEC. 708. UNITED STATES FISH AND WILDLIFE SERVICE 11 CONSTRUCTION. 12 Out of any funds in the Treasury not otherwise ap- 13 propriated, there is appropriated for an additional amount 14 for the Construction Account of the United States Fish 15 and Wildlife Service $1,500,000 for fiscal year 2018, to 16 remain available until expended, for necessary expenses re- 17 lated to the consequences of Hurricanes Irma and Maria 18 in Puerto Rico and the Virgin Islands. 19 SEC. 709. ACTIVITIES CARRIED OUT BY THE CHIEF OF EN- 20 GINEERS IN PUERTO RICO. 21 In carrying out activities under this title in Puerto 22 Rico, the Chief of Engineers— 23 (1) shall prioritize recycling and composting; 24 and 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 194 •HR 4782 IH (2) may not use air curtain incinerators in 1 cleaning up debris. 2 SEC. 710. LAND AND WATER CONSERVATION FUND PARITY. 3 Section 200305(b) of title 54, United States Code, 4 is amended by striking paragraph (5). 5 TITLE VIII—LONG-TERM RESIL- 6 IENT EMERGENCY DISASTER 7 RELIEF PLAN 8 SEC. 801. LONG-TERM DISASTER RELIEF PLAN FOR PUER- 9 TO RICO AND THE VIRGIN ISLANDS. 10 (a) IN GENERAL.—Not later than 8 months after the 11 date of enactment of this Act, the Administrator of the 12 Federal Emergency Management Agency, in coordination 13 with the Secretary of Homeland Security, the Adminis- 14 trator of the Environmental Protection Agency, the Sec- 15 retary of Housing and Urban Development, the Secretary 16 of the Interior, the Secretary of Health and Human Serv- 17 ices, the Secretary of Transportation, and the Secretary 18 of Commerce, shall submit to Congress a plan for Federal 19 disaster relief response in the case of Puerto Rico or the 20 Virgin Islands experiencing a category 4 or higher hurri- 21 cane event. 22 (b) REQUIREMENTS.—The plan required to be estab- 23 lished under subsection (a) shall— 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 195 •HR 4782 IH (1) include a strategy for providing disaster re- 1 lief to Puerto Rico or the Virgin Islands after expe- 2 riencing 2 or more consecutive category 4 or higher 3 hurricane events; and 4 (2) be developed in consultation with the may- 5 ors and other elected officials of each unit of local 6 government affected by Hurricane Irma or Maria. 7 TITLE IX—FEMA PROVISIONS 8 SEC. 901. WAIVER OF NON-FEDERAL SHARE REQUIRE- 9 MENTS. 10 (a) PUBLIC ASSISTANCE GRANT PROGRAM.—Not- 11 withstanding any other provision of law, any amounts 12 awarded for a covered disaster area relating to a covered 13 disaster under the public assistance grant program shall 14 not be subject to a non-Federal share requirement. 15 (b) HAZARD MITIGATION GRANT PROGRAM.—The 16 President shall contribute 100 percent of the cost of eligi- 17 ble hazard mitigation measures in a covered disaster area 18 under section 404 of the Robert T. Stafford Disaster Re- 19 lief and Emergency Assistance Act (42 U.S.C. 5170c). 20 (c) FINANCIAL ASSISTANCE TO ADDRESS OTHER 21 NEEDS UNDER INDIVIDUALS AND HOUSEHOLDS PRO- 22 GRAM.—Notwithstanding section 408(g)(2)(A) of the Rob- 23 ert T. Stafford Disaster Relief and Emergency Assistance 24 Act (42 U.S.C. 5174(g)(2)(A)), or any other provision of 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 196 •HR 4782 IH law, for purposes of financial assistance provided under 1 subsection (c) of such section to an individual or household 2 located in a covered disaster area, the Federal share shall 3 be 100 percent. 4 SEC. 902. HAZARD MITIGATION. 5 (a) PERCENTAGE FOR HMGP CONTRIBUTIONS.— 6 Notwithstanding sections 322 and 404 of the Robert T. 7 Stafford Disaster Relief and Emergency Assistance Act 8 (42 U.S.C. 5165 and 5170c), the total contributions under 9 such section 404 shall not exceed 20 percent of the esti- 10 mated aggregate amount of grants to be made (less any 11 associated administrative costs) under such Act. 12 (b) ADVANCE ASSISTANCE PERCENTAGE.—For haz- 13 ard mitigation measures to be carried out in a covered 14 disaster area relating to a covered disaster, section 404(e) 15 of the Robert T. Stafford Disaster Relief and Emergency 16 Assistance Act (42 U.S.C. 5170c(e)) shall be applied by 17 substituting ‘‘shall provide 25 percent’’ for ‘‘may provide 18 not more than 25 percent’’. 19 (c) MINIMUM AMOUNT FOR HAZARD MITIGATION 20 BASED ON 6-MONTH ESTIMATE.—For a covered disaster, 21 the estimated aggregate amount of grants to be made in 22 a covered disaster area for purposes of section 404 of the 23 Robert T. Stafford Disaster Relief and Emergency Assist- 24 ance Act (42 U.S.C. 5170c) shall not be less than the esti- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 197 •HR 4782 IH mate of such aggregate amount of grants in the projection 1 described in section 207.5(b)(2) of title 44, Code of Fed- 2 eral Regulations. 3 SEC. 903. REPAIR, RESTORATION, AND REPLACEMENT OF 4 DAMAGED FACILITIES. 5 (a) COST-EFFECTIVENESS OF MITIGATION MEAS- 6 URES.—For purposes of contributions for mitigation 7 measures for a facility in a covered disaster area under 8 section 406 of the Robert T. Stafford Disaster Relief and 9 Emergency Assistance Act (42 U.S.C. 5172) a mitigation 10 measure shall be considered to be cost-effective if the cost 11 of the measures does not exceed 25 percent of the total 12 eligible repair cost of the facility. 13 (b) BENEFIT-COST METHODOLOGY.—If a benefit- 14 cost analysis methodology is used to determine the cost- 15 effectiveness of a mitigation measure that exceeds 25 per- 16 cent of the total eligible repair cost of the facility, as de- 17 scribed in subsection (a), under section 406 of the Robert 18 T. Stafford Disaster Relief and Emergency Assistance Act 19 (42 U.S.C. 5172), the benefit-cost analysis methodology 20 shall take into consideration— 21 (1) hazard mitigation benefits; 22 (2) expected economic benefits, including job 23 creation; and 24 (3) expected environmental benefits. 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 198 •HR 4782 IH SEC. 904. COMMUNITY DISASTER LOANS. 1 (a) TREATMENT AS STATE AND LOCAL GOVERN- 2 MENTS.—Notwithstanding section 102 of the Robert T. 3 Stafford Disaster Relief and Emergency Assistance Act 4 (42 U.S.C. 5122), for purposes of assistance under section 5 417 of the Robert T. Stafford Disaster Relief and Emer- 6 gency Assistance Act (42 U.S.C. 5184), with respect to 7 a covered disaster— 8 (1) Puerto Rico and the Virgin Islands shall be 9 deemed to be local governments; and 10 (2) an instrumentality or local government of 11 Puerto Rico or the Virgin Islands shall be deemed 12 to be a local government. 13 (b) REPAYMENT CANCELLATION.—Repayment of a 14 loan made to a local government in a covered disaster area 15 under section 417 of the Robert T. Stafford Disaster Re- 16 lief and Emergency Assistance Act (42 U.S.C. 5184), in- 17 cluding any interest on such loan, shall not be required. 18 (c) ELIGIBLE USE OF LOAN.—Any loan made to a 19 local government in a covered disaster area under section 20 417 of the Robert T. Stafford Disaster Relief and Emer- 21 gency Assistance Act (42 U.S.C. 5184) may be used at 22 the discretion of the loan recipient to pay the upfront costs 23 of any project relating to the covered disaster for which 24 amounts are awarded under the public assistance grant 25 program. 26 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 199 •HR 4782 IH (d) LIMITATION ON USE OF LOAN.—Any loan made 1 under section 417 of the Robert T. Stafford Disaster Re- 2 lief and Emergency Assistance Act (42 U.S.C. 5184) in 3 a covered disaster area may not be used to pay principal 4 or interest due on a bond or other debt that was issued 5 or incurred before the date of the covered disaster. 6 SEC. 905. WAIVER OF LIMIT ON MANAGEMENT COSTS. 7 For a covered disaster, the $20,000,000 limit on 8 management costs described in section 207.5(c) of title 44, 9 Code of Federal Regulations, or any successor thereto, 10 shall not apply. 11 SEC. 906. MAXIMUM AMOUNT OF ASSISTANCE FOR INDIVID- 12 UALS AND HOUSEHOLDS PROGRAM. 13 For purposes of financial assistance provided under 14 section 408 of the Robert T. Stafford Disaster Relief and 15 Emergency Assistance Act (42 U.S.C. 5174) to an indi- 16 vidual or household located in a covered disaster area, sub- 17 section (h)(1) of such section shall be applied by sub- 18 stituting ‘‘$75,000’’ for ‘‘$25,000’’. 19 SEC. 907. RESTORATION OF TELECOMMUNICATIONS INFRA- 20 STRUCTURE. 21 (a) DEFINITIONS.—Section 102 of the Robert T. 22 Stafford Disaster Relief and Emergency Assistance Act 23 (42 U.S.C. 5122) is amended by adding at the end the 24 following: 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 200 •HR 4782 IH ‘‘(13) TELECOMMUNICATIONS CARRIER.—The 1 term ‘telecommunications carrier’ has the meaning 2 given that term in section 3 of the Communications 3 Act of 1934 (47 U.S.C. 153).’’. 4 (b) ELIGIBILITY OF FEDERAL RESOURCES.—Section 5 403(a) of the Robert T. Stafford Disaster Relief and 6 Emergency Assistance Act (42 U.S.C. 5170b(a)) is 7 amended by adding at the end the following: 8 ‘‘(5) MAINTENANCE AND RESTORATION OF 9 COMMUNICATIONS.—Using Federal equipment, sup- 10 plies, facilities, personnel, and other resources, other 11 than the extension of credit, to assist telecommuni- 12 cations carriers in the maintenance and restoration 13 of communications during or in the aftermath of a 14 major disaster.’’. 15 SEC. 908. AVAILABILITY OF TRANSLATORS. 16 (a) FEMA AND CORPS OF ENGINEERS.—Until the 17 end of the period for providing assistance relating to a 18 covered disaster, the Administrator of the Federal Emer- 19 gency Management Agency and the Chief of Engineers 20 shall ensure that the Federal Emergency Management 21 Agency and the Corps of Engineers, respectively, have 22 each assigned not less than 2 translators who are fluent 23 in English and Spanish to each of the following regions: 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 201 •HR 4782 IH (1) The region surrounding San Juan, Puerto 1 Rico. 2 (2) The region surrounding Arecibo, Puerto 3 Rico. 4 (3) The region surrounding Mayagu¨ez, Puerto 5 Rico. 6 (4) The region surrounding Ponce, Puerto Rico. 7 (b) OTHER AGENCIES.—Until the end of the period 8 for providing assistance relating to a covered disaster, the 9 head of each other agency providing assistance in Puerto 10 Rico relating to a covered disaster shall ensure that the 11 agency has assigned not less than 1 translator who is flu- 12 ent in English and Spanish to Puerto Rico. 13 TITLE X—EMERGENCY FUNDING 14 Subtitle A—General Provisions 15 SEC. 1001. EXTENSION OF CLAIM FILING DEADLINE. 16 Notwithstanding any other provision of law, any re- 17 quest for assistance under the Robert T. Stafford Disaster 18 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 19 seq.) in relation to a covered disaster shall be submitted 20 not later than 240 days after the date of the covered dis- 21 aster. 22 SEC. 1002. EMERGENCY DESIGNATION. 23 Each amount appropriated under this Act is des- 24 ignated by the Congress as being for an emergency re- 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 202 •HR 4782 IH quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985 2 (2 U.S.C. 901(b)(2)(A)(i)). 3 Subtitle B—Puerto Rico and Virgin 4 Islands Hurricane Damage Res- 5 toration Account 6 SEC. 1011. DEFINITIONS. 7 In this subtitle: 8 (1) CERTIFIED REQUISITION.—The term ‘‘cer- 9 tified requisition’’ means a requisition made under 10 section 1013. 11 (2) COVERED TERRITORY.—The term ‘‘covered 12 territory’’ means the Commonwealth of Puerto Rico 13 and the Virgin Islands. 14 (3) EMERGENCY AND RECOVERY PERIOD.—The 15 term ‘‘emergency and recovery period’’ means the 4- 16 year period beginning on the date of enactment of 17 this Act. 18 (4) FUND.—The term ‘‘Fund’’ means the Puer- 19 to Rico and United States Virgin Islands Hurricane 20 Damage Restoration Account established under sec- 21 tion 1012. 22 (5) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of the Treasury. 24 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 203 •HR 4782 IH SEC. 1012. PUERTO RICO AND UNITED STATES VIRGIN IS- 1 LANDS HURRICANE DAMAGE RESTORATION 2 ACCOUNT. 3 (a) ESTABLISHMENT.—There is established on the 4 books of the Treasury of the United States an account 5 to be known as the Puerto Rico and United States Virgin 6 Islands Hurricane Damage Restoration Account. 7 (b) DISTRIBUTION OF FUNDS.—The Secretary shall 8 deposit funds granted under section 1013 to the Fund for 9 distribution to the covered territories and instrumental- 10 ities of the covered territories pursuant to the terms of 11 this Act. 12 SEC. 1013. ESTABLISHMENT AND OPERATION OF THE 13 PUERTO RICO AND VIRGIN ISLANDS EMER- 14 GENCY CREDIT FACILITY. 15 (a) EMERGENCY GRANT FUNDING.—There are here- 16 by appropriated, out of any funds in the Treasury not oth- 17 erwise appropriated, to the Fund such sums as may be 18 necessary to carry out this subtitle, for the exclusive pur- 19 pose of assisting the covered territories and the instrumen- 20 talities of covered territories to meet any cash-flow short- 21 falls that result from damage to the covered territories 22 caused by Hurricane Irma or Maria. 23 (b) DISBURSEMENTS.—Disbursements made from 24 the Fund are subject to the certified requisition under 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 204 •HR 4782 IH subsection (d) and other conditions established by this 1 Act. 2 (c) GRANTS.—The Secretary shall make a grant, not 3 later than 10 days after the date on which the Secretary 4 receives a certified requisition, of funds from time to time 5 during the emergency and recovery period, out of any 6 money in the Treasury not otherwise appropriated, to 7 meet any cash-flow shortfalls that result from damage to 8 a covered territory or any instrumentality of a covered ter- 9 ritory caused by Hurricane Irma or Maria if— 10 (1) the Governor of the covered territory deter- 11 mines that disbursements provided under subsection 12 (b) and any supplemental amounts that may be 13 made available under subsection (a) through future 14 appropriations are inadequate to address any cash- 15 flow shortfalls that result from the damage to the 16 covered territory caused by Hurricane Irma or 17 Maria; and 18 (2) the conditions described in subsection (d) 19 are satisfied. 20 (d) CONDITIONS.—The Secretary shall make a grant 21 under this section if— 22 (1) the Governor of a covered territory, with re- 23 spect to Puerto Rico, or an authorized representative 24 of an instrumentality of the covered territory, in 25 VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS 205 •HR 4782 IH consultation with appropriate authorities according 1 to the law of the covered territory, delivers to the 2 Secretary a certified requisition for a grant under 3 this section; and 4 (2) the Governor and appropriate authorities as 5 subject to the law of the covered territory certify 6 that the grant is necessary— 7 (A) to support the liquidity needs of the 8 covered territory or an instrumentality of the 9 territory, as applicable; and 10 (B) to meet ongoing recovery needs from 11 Hurricanes Maria and Irma. 12 (e) PROCEDURES.—Certified requisitions shall be 13 submitted on a quarterly basis. 14 (f) LIMITATION.—The total amount of grants made 15 under this subtitle shall not exceed— 16 (1) $57,206,000,000 with respect to Puerto 17 Rico; and 18 (2) $5,000,000,000 with respect to the Virgin 19 Islands. 20 Æ VerDate Sep 11 2014 04:23 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6301 E:\BILLS\H4782.IH H4782 lotter on DSKBCFDHB2PROD with BILLS