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II 115TH CONGRESS 1ST SESSION S. 2165 To provide additional disaster recovery assistance for the Commonwealth of Puerto Rico and the United States Virgin Islands, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 28, 2017 Mr. SANDERS (for himself, Ms. WARREN, Ms. HARRIS, Mrs. GILLIBRAND, Mr. MARKEY, Mr. BLUMENTHAL, and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Finance 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 2017’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Purposes. VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 2 •S 2165 IS Sec. 3. Definitions. TITLE I—DEBT Sec. 101. Sense of Congress relating to the debt of Puerto Rico. Sec. 102. Sense of Congress relating to the privatization of public institutions in Puerto Rico and the Virgin Islands. Sec. 103. Sense of Congress relating to the applicability of proposed excise tax to Puerto Rico and the Virgin Islands. TITLE II—INFRASTRUCTURE Subtitle A—Energy Sec. 201. Assistance for rebuilding of electric grid. Sec. 202. Clean energy grants. Subtitle B—Energy Infrastructure Incentives Sec. 211. Grant program to promote access to renewable energy and energy ef- ficiency for Puerto Rico and the Virgin Islands. Sec. 212. Incentives for energy efficient commercial buildings. Sec. 213. Incentives for new energy efficient homes. Sec. 214. Incentives for alternative motor vehicles and qualified plug-in electric drive motor vehicles. Subtitle C—Transportation, Housing, and Agriculture Incentives Sec. 221. General provisions. Sec. 222. Highway program. Sec. 223. Federal-Aid Highways Emergency Relief Program. Sec. 224. Public Transportation Emergency Relief Program. Sec. 225. TIGER discretionary grants. Sec. 226. Passenger and freight rail improvements. Sec. 227. Airport improvement program. Sec. 228. Airport Facilities and Equipment. Sec. 229. Clean and safe water revolving funds. Sec. 230. Construction of ferry boats and ferry terminal facilities. Sec. 231. Corps of Engineers funds. Sec. 232. Predisaster hazard mitigation and resiliency. Sec. 233. Broadband programs. Sec. 234. Housing and community development. Sec. 235. Oversight. Subtitle D—Limit on Privatization Sec. 241. Limit on privatization. TITLE III—MEDICAID AND MEDICARE PARITY Subtitle A—Medicaid Sec. 301. Elimination of general Medicaid funding limitations (‘‘cap’’) for terri- tories. Sec. 302. 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. 303. Application of Medicaid waiver authority to all of the territories. VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 3 •S 2165 IS Sec. 304. Permitting Medicaid DSH allotments for territories. Subtitle B—Medicare PART I—PART A Sec. 311. Calculation of Medicare DSH payments for IPPS hospitals in Puerto Rico. Sec. 312. Rebasing target amount for hospitals in territories. Sec. 313. Medicare DSH target adjustment for hospitals in territories. PART II—PART B Sec. 321. 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. 331. Adjustment in benchmark for low-base payment counties in Puerto Rico. PART IV—PART D Sec. 341. Improved use of allocated prescription drug funds by territories. Sec. 342. Report on treatment of territories under Medicare part D. Subtitle C—Miscellaneous Sec. 351. Modified treatment of territories with respect to application of ACA annual health insurance provider fees. Sec. 352. Medicaid and CHIP territory transparency and information. Sec. 353. Report on exclusion of territories from Exchanges. Sec. 354. Temporary increase in Social Services Block Grant allotments for Puerto Rico and the Virgin Islands. TITLE IV—AGRICULTURE Sec. 401. Rural Utilities Service programs. Sec. 402. Rural Energy for America Program. Sec. 403. Rural community facilities program. Sec. 404. Rural housing. Sec. 405. Watershed and flood prevention operations. Sec. 406. Community facilities grants. Sec. 407. Waiver of noninsured crop disaster assistance program service fee. Sec. 408. Assistance for Community Food Projects. Sec. 409. Participation of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program. Sec. 410. Payment limitations for certain producers in disaster areas. Sec. 411. Treatment of certain producers as socially disadvantaged farmers and ranchers. Sec. 412. Emergency watershed protection program. Sec. 413. Emergency forest restoration program. Sec. 414. Treatment of certain producers as limited resource producers. Sec. 415. Retroactive availability of catastrophic level of protection under non- insured crop assistance program. VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 4 •S 2165 IS Sec. 416. Distribution of funds made available for equipment assistance grants under the National School Lunch Act to Puerto Rico and the Virgin Islands. Sec. 417. Special supplemental nutrition program for women, infants, and chil- dren. Sec. 418. Deadline for application submission. Sec. 419. Limit on privatization. TITLE V—VETERANS AFFAIRS Sec. 501. 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. Sec. 502. Limitation on privatization. TITLE VI—EDUCATION RECOVERY Subtitle A—Educational Assistance Funds Sec. 601. Education and Head Start funding. Subtitle B—Elementary and Secondary Education Disaster Relief Sec. 611. Definitions. Sec. 612. Immediate aid to restart school operations. Sec. 613. Hold harmless for local educational agencies serving major disaster areas. Sec. 614. Paraprofessional reciprocity; delay. Sec. 615. Regulatory and financial relief. Sec. 616. Assistance for homeless children and youths. Sec. 617. Temporary emergency impact aid for displaced students. Sec. 618. Severability. Sec. 619. Anti-privatization requirement. Sec. 620. Authorization of funds. Sec. 621. Sunset provision. Subtitle C—Higher Education Disaster Relief Sec. 631. Definitions. Sec. 632. General waivers and modifications. Sec. 633. Modification of part A of title II grants authorized. Sec. 634. Authorized uses of Trio, Gear-Up, part A or B of title III, title V, and other grants. Sec. 635. Professional judgment. Sec. 636. Expanding information dissemination regarding eligibility for Federal Pell Grants. Sec. 637. Procedures. Sec. 638. Temporary deferral for affected Federal student loan borrowers. Sec. 639. Termination of authority. Subtitle D—Disaster Relief for Other Education and Related Programs Sec. 651. Definitions. Sec. 652. 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. 653. Head Start and child care and development block grants. VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 5 •S 2165 IS TITLE VII—ECONOMIC DEVELOPMENT ASSISTANCE AND WORKER PROTECTIONS Sec. 701. Training and employment services. Sec. 702. Equitable treatment for residents of Puerto Rico and the Virgin Is- lands with respect to the earned income tax credit and the child tax credit. Sec. 703. Requirement to use local labor. Sec. 704. Minimum wage for young employees in Puerto Rico. Sec. 705. Overtime hours protections for workers in Puerto Rico. Sec. 706. Unemployment assistance for Puerto Rico and the Virgin Islands. Sec. 707. Economic Development Assistance Programs. Sec. 708. Appropriation to CDFI Fund for disaster relief in Puerto Rico and the Virgin Islands. Sec. 709. Community Development Fund. Sec. 710. Small Business Administration disaster loans. TITLE VIII—ENVIRONMENTAL REMEDIATION Sec. 801. National Park Service Historic Preservation Fund. Sec. 802. Environmental Protection Agency Environmental Programs and Man- agement. Sec. 803. Hazardous Substance Superfund. Sec. 804. Leaking Underground Storage Tank Fund. Sec. 805. Department of the Interior grants. Sec. 806. Department of Defense environmental restoration. Sec. 807. Additional Recovery Assistance for Puerto Rico and the Virgin Is- lands Fund. Sec. 808. United States Fish and Wildlife Service construction. Sec. 809. Activities carried out by the Chief of Engineers in Puerto Rico and the Virgin Islands. Sec. 810. Prohibition on privatization. TITLE IX—LONG-TERM RESILIENT EMERGENCY DISASTER RELIEF PLAN Sec. 901. Long-term disaster relief plan for Puerto Rico and the Virgin Islands. TITLE X—FEMA PROVISIONS Sec. 1001. Waiver of non-Federal share requirements. Sec. 1002. Hazard mitigation. Sec. 1003. Repair, restoration, and replacement of damaged facilities. Sec. 1004. Community disaster loans. Sec. 1005. Waiver of limit on management costs. Sec. 1006. Maximum amount of assistance for individuals and households pro- gram. Sec. 1007. Availability of translators. TITLE XI—EMERGENCY FUNDING Subtitle A—General Provisions Sec. 1101. Extension of claim filing deadline. Sec. 1102. Emergency designation. Subtitle B—Puerto Rico and Virgin Islands Hurricane Damage Restoration Account VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 6 •S 2165 IS Sec. 1111. Definitions. Sec. 1112. Puerto Rico and United States Virgin Islands Hurricane Damage Restoration Account. Sec. 1113. 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 weather events caused by anthropogenic climate 22 change; and 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 7 •S 2165 IS (7) during the recovery efforts, prioritize, where 1 possible— 2 (A) mitigation of the causes of climate 3 change by decreasing or eliminating dependence 4 on fossil fuel use; 5 (B) adaptation to the increasing climate 6 impacts of extreme weather and sea level rise 7 by rebuilding infrastructure to higher standards 8 and supporting innovative solutions that can 9 better withstand extreme weather and other 10 risks; and 11 (C) resiliency to ensure the safety and 12 health of the people of Puerto Rico and the Vir- 13 gin Islands to ensure they withstand future 14 threats and are able to efficiently and quickly 15 recover from the next hurricanes that strike 16 these islands. 17 SEC. 3. DEFINITIONS. 18 In this Act: 19 (1) COVERED DISASTER.—The term ‘‘covered 20 disaster’’ means a major disaster declared by the 21 President under section 401 of the Robert T. Staf- 22 ford Disaster Relief and Emergency Assistance Act 23 (42 U.S.C. 5170) with respect to Hurricane Irma or 24 Hurricane Maria. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 8 •S 2165 IS (2) COVERED DISASTER AREA.—The term ‘‘cov- 1 ered disaster area’’ means an area— 2 (A) located in Puerto Rico or the Virgin 3 Islands; and 4 (B) for which the President declared a cov- 5 ered disaster. 6 (3) PUBLIC ASSISTANCE GRANT PROGRAM.— 7 The term ‘‘public assistance grant program’’ means 8 the public assistance grant program authorized 9 under sections 403, 406, 407, 418, 419, 428, and 10 502(a) of the Robert T. Stafford Disaster Relief and 11 Emergency Assistance Act (42 U.S.C. 5170b, 5172, 12 5173, 5185, 5186, 5189f, and 5192(a)). 13 (4) PUERTO RICO.—The term ‘‘Puerto Rico’’ 14 means the Commonwealth of Puerto Rico. 15 (5) VIRGIN ISLANDS.—The term ‘‘Virgin Is- 16 lands’’ means the Virgin Islands of the United 17 States. 18 TITLE I—DEBT 19 SEC. 101. SENSE OF CONGRESS RELATING TO THE DEBT OF 20 PUERTO RICO. 21 It is the sense of Congress that— 22 (1) Puerto Rico is experiencing a humanitarian 23 crisis, and cannot meet the most basic and essential 24 human needs with its outstanding debt; 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 9 •S 2165 IS (2) the people of Puerto Rico and their elected 1 representatives should determine the long-term fu- 2 ture of the island; and 3 (3) Puerto Rico’s debt should be relieved, and 4 it is just and necessary to take steps to return con- 5 trol of Puerto Rico’s economy to the people of Puer- 6 to Rico and their elected representatives. 7 SEC. 102. SENSE OF CONGRESS RELATING TO THE PRIVAT- 8 IZATION OF PUBLIC INSTITUTIONS IN PUER- 9 TO RICO AND THE VIRGIN ISLANDS. 10 It is the sense of Congress that any efforts to pri- 11 vatize public entities in Puerto Rico and the Virgin Islands 12 should be rejected. 13 SEC. 103. SENSE OF CONGRESS RELATING TO THE APPLI- 14 CABILITY OF PROPOSED EXCISE TAX TO 15 PUERTO RICO AND THE VIRGIN ISLANDS. 16 It is the sense of Congress that if the Tax Cuts and 17 Jobs Act (H.R. 1, 115th Congress) is enacted into law, 18 section 4491 of the Internal Revenue Code of 1986 (as 19 added by section 4303 of such Act), relating to the imposi- 20 tion of an excise tax on certain payments from domestic 21 corporations to related foreign corporations, shall not 22 apply to payments made by a domestic corporation to any 23 related corporation created or organized in, or under the 24 law of, a possession or territory of the United States. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 10 •S 2165 IS TITLE II—INFRASTRUCTURE 1 Subtitle A—Energy 2 SEC. 201. ASSISTANCE FOR REBUILDING OF ELECTRIC 3 GRID. 4 (a) ASSISTANCE FOR REBUILDING OF ELECTRIC 5 GRID.—Assistance provided under section 406 of the Rob- 6 ert T. Stafford Disaster Relief and Emergency Assistance 7 Act (42 U.S.C. 5172) for a covered disaster area may be 8 used to repair or replace a public electric grid located in 9 the covered disaster area in accordance with subsection 10 (b). 11 (b) REQUIREMENTS.— 12 (1) IN GENERAL.—To be eligible for assistance 13 under subsection (a), not later than 42 days after 14 the date of enactment of this Act, Puerto Rico and 15 the Virgin Islands shall complete a process adminis- 16 tered by the applicable energy or service regulatory 17 commission, which shall include— 18 (A) a general assessment of the current 19 electricity needs of the customer classes and the 20 future modernization and resiliency needs of a 21 rebuilt electric power system; 22 (B) establishing a transparent process to 23 evaluate and develop criteria and standards to 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 11 •S 2165 IS evaluate potential projects for meeting the 1 needs described in subparagraph (A); and 2 (C) recommendations where funds should 3 be directed for meeting the needs described in 4 subparagraph (A) and implementing the 5 projects described in subparagraph (B). 6 (2) USE.—Assistance described in subsection 7 (a)— 8 (A) shall be used for projects that— 9 (i) prioritize restoring power imme- 10 diately; and 11 (ii) decrease or eliminate the use of 12 imported fossil fuels for electricity and 13 transportation, and increase the electric 14 grid resilience to future hurricanes and 15 other weather events, such as— 16 (I) micro grids; 17 (II) demand response tech- 18 nologies; 19 (III) energy efficient solutions 20 and technology; 21 (IV) residential and utility scale 22 solar projects, including thermal solar, 23 photovoltaic modules, and con- 24 centrated solar and solar generators; 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 12 •S 2165 IS (V) onshore and offshore wind, 1 both small and large scale; 2 (VI) geothermal, hydro, marine 3 and kinetic energy; and 4 (VII) energy storage; and 5 (B) may not be used for projects that in- 6 clude— 7 (i) the construction, operation, or 8 maintenance of new generation plants for 9 the production of energy using sanitary 10 waste landfill systems or fossil fuels of any 11 kind, including diesel, oil, coal, and natural 12 gas; or 13 (ii) the construction of new liquefied 14 natural gas import or export terminals or 15 natural gas pipeline infrastructure of any 16 kind. 17 (c) AUDITING.—If Puerto Rico or the Virgin Islands 18 receive assistance described in subsection (a), the applica- 19 ble energy or service regulatory commission shall appoint 20 an independent auditor that shall— 21 (1) oversee the expenditure of the assistance by 22 the regulated utilities, the contractors and sub- 23 contractors thereof, and any subsidiary or successor 24 entity; and 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 13 •S 2165 IS (2) submit to the applicable energy or service 1 regulatory commission reports on the expenditure of 2 funds under this section. 3 (d) APPROPRIATION OF FUNDS.—Out of funds of the 4 Treasury not otherwise appropriated, there is appro- 5 priated to the Administrator of the Federal Emergency 6 Management Agency $13,000,000,000 for fiscal year 7 2018, to remain available until expended, for carrying out 8 the activities authorized under this section, and other re- 9 lated activities, including conservation and renewable re- 10 sources programs as authorized. 11 SEC. 202. CLEAN ENERGY GRANTS. 12 (a) ENERGY EFFICIENCY AND RENEWABLE EN- 13 ERGY.— 14 (1) IN GENERAL.—Out of funds of the Treas- 15 ury not otherwise appropriated, there is appro- 16 priated to the Energy Efficiency and Renewable En- 17 ergy Account of the Department of Energy 18 $100,000,000 for fiscal year 2018, to remain avail- 19 able until expended and subject to paragraph (2), to 20 provide to Puerto Rico and the Virgin Islands, on a 21 competitive basis and in accordance with the applica- 22 ble allocation formula, to provide grants under the 23 programs described in that paragraph. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 14 •S 2165 IS (2) MINIMUM ALLOCATION.—Of the amounts 1 made available under paragraph (1)— 2 (A) not less than $19,200,000 shall be 3 made available to each of Puerto Rico and the 4 Virgin Islands, to remain available until ex- 5 pended, for grants under the Energy Efficiency 6 and Conservation Block Grant Program estab- 7 lished under section 542(a) of the Energy Inde- 8 pendence and Security Act of 2007 (42 U.S.C. 9 17152(a)), to be allocated in accordance with 10 section 543 of that Act (42 U.S.C. 17153), 11 after taking into account, for purposes of calcu- 12 lating distributions under subsection (b) of that 13 section, the most recent and accurate popu- 14 lation data available as of the date of the cal- 15 culation; 16 (B) not less than $1,700,000 shall be 17 made available to Puerto Rico and not less than 18 $390,000 shall be made available to the Virgin 19 Islands, to remain available until expended, for 20 grants under the Weatherization Assistance 21 Program for Low-Income Persons established 22 under part A of title IV of the Energy Con- 23 servation and Production Act (42 U.S.C. 6861 24 et seq.); and 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 15 •S 2165 IS (C) not less $950,000 shall be made avail- 1 able to Puerto Rico and not less than $430,000 2 shall be made available to the Virgin Islands, to 3 remain available until expended, for grants to 4 carry out State energy conservation programs 5 under part D of title III of the Energy Policy 6 and Conservation Act (42 U.S.C. 6321 et seq.). 7 (b) LOW-INCOME HOME ENERGY ASSISTANCE PRO- 8 GRAM.—Out of funds of the Treasury not otherwise appro- 9 priated, there is appropriated to the Secretary of Health 10 and Human Services $31,600,000 for fiscal year 2018, to 11 remain available until expended, to provide, on a competi- 12 tive basis, grants authorized under section 2602(a) of the 13 Low-Income Home Energy Assistance Act of 1981 (42 14 U.S.C. 8621(a)), to be allocated in accordance with any 15 applicable formulas under that Act, of which— 16 (1) $30,400,000 shall be made available to 17 Puerto Rico; and 18 (2) $1,200,000 shall be made available to the 19 Virgin Islands. 20 (c) ELECTRICITY DELIVERY AND ENERGY RELI- 21 ABILITY.—Out of funds of the Treasury not otherwise ap- 22 propriated, there is appropriated to the Electricity Deliv- 23 ery and Energy Reliability Account of the Department of 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 16 •S 2165 IS Energy $6,500,000 for fiscal year 2018, to remain avail- 1 able until expended— 2 (1) to conduct electricity delivery and energy re- 3 liability activities to modernize the electric grid in 4 Puerto Rico and the Virgin Islands, including— 5 (A) the use of demand responsive equip- 6 ment; 7 (B) enhancing the security and reliability 8 of energy infrastructure; 9 (C) providing for the conduct of research 10 relating to, and the development, demonstra- 11 tion, and deployment of, energy storage; and 12 (D) facilitating recovery from disruptions 13 to the energy supply; and 14 (2) to implement programs authorized under 15 title XIII of the Energy Independence and Security 16 Act of 2007 (42 U.S.C. 17381 et seq.) in Puerto 17 Rico and the Virgin Islands. 18 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 17 •S 2165 IS Subtitle B—Energy Infrastructure 1 Incentives 2 SEC. 211. 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 20, 2017, and 21 (2) in the case of any other specified energy 22 property, such property is placed in service after 23 September 20, 2017. 24 (b) GRANT AMOUNT.— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 18 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 19 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 20 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 21 •S 2165 IS 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 ‘‘United States’’. In apply- 11 ing such rules, if the property is disposed of, or otherwise 12 ceases to be specified energy property, the Secretary of 13 the Treasury shall provide for the recapture of the appro- 14 priate percentage of the grant amount in such manner as 15 the Secretary of the Treasury determines appropriate. 16 (h) APPROPRIATIONS.—For fiscal year 2018, there is 17 hereby appropriated to the Secretary of the Treasury— 18 (1) for providing grants for specified energy 19 property placed in service in Puerto Rico, 20 $270,000,000, and 21 (2) for providing grants for specified energy 22 property placed in service in the Virgin Islands, 23 $20,000,000, 24 to remain available until expended. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 22 •S 2165 IS SEC. 212. INCENTIVES FOR ENERGY EFFICIENT COMMER- 1 CIAL BUILDINGS. 2 (a) GRANT PROGRAM FOR PUERTO RICO AND THE 3 VIRGIN ISLANDS.— 4 (1) IN GENERAL.—Upon application, the Sec- 5 retary of the Treasury shall, subject to the require- 6 ments of this subsection, provide a grant to each eli- 7 gible person who places in service energy efficient 8 commercial building property to reimburse such per- 9 son for a portion of the expense of such property as 10 provided in paragraph (2). No grant shall be made 11 under this subsection with respect to any property 12 unless such property is placed in service after Sep- 13 tember 20, 2017. 14 (2) GRANT AMOUNT.—The amount of the grant 15 under paragraph (1) with respect to any energy effi- 16 cient commercial building property shall be equal to 17 the product of— 18 (A) 35 percent, and 19 (B) the excess of— 20 (i) the product of— 21 (I) $1.80, and 22 (II) the square footage of the 23 building, over 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 23 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 24 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 25 •S 2165 IS $11,500,000, to remain available until expended, to carry 1 out the purposes of this section. 2 SEC. 213. 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 20, 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 26 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 27 •S 2165 IS (B) subparagraph (B) thereof shall be ap- 1 plied by substituting ‘‘September 20, 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 28 •S 2165 IS SEC. 214. 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 20, 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 29 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 30 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 31 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 32 •S 2165 IS Subtitle C—Transportation, Hous- 1 ing, and Agriculture Incentives 2 SEC. 221. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 33 •S 2165 IS SEC. 222. 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. 223. FEDERAL-AID HIGHWAYS EMERGENCY RELIEF 20 PROGRAM. 21 Notwithstanding subsection (d)(4) of section 125 of 22 title 23, United States Code, out of funds of the Treasury 23 not otherwise appropriated, there is appropriated to the 24 emergency fund established under that section 25 $2,122,000,000 for fiscal year 2018, to remain available 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 34 •S 2165 IS until expended, for the repair or reconstruction of high- 1 ways, roads, and trails in Puerto Rico and the Virgin Is- 2 lands. 3 SEC. 224. PUBLIC TRANSPORTATION EMERGENCY RELIEF 4 PROGRAM. 5 Out of funds of the Treasury not otherwise appro- 6 priated, there is appropriated $424,000,000 for fiscal year 7 2018, to remain available until expended, to the Secretary 8 of Transportation for the ‘‘Public Transportation Emer- 9 gency Relief Program’’ as authorized under section 5324 10 of title 49, United States Code, for recovery and relief ef- 11 forts in Puerto Rico and the Virgin Islands: Provided, 12 That not more than three-quarters of 1 percent of the 13 funds retained for public transportation emergency relief 14 shall be available for the purposes of administrative ex- 15 penses and ongoing program management oversight as au- 16 thorized under sections 5334 and 5338(f)(2) of title 49, 17 United States Code, and shall be in addition to any other 18 appropriations for such purposes. 19 SEC. 225. TIGER DISCRETIONARY GRANTS. 20 (a) DEFINITION OF TIGER DISCRETIONARY 21 GRANT.—In this section, the term ‘‘TIGER discretionary 22 grant’’ means a grant awarded and administered by the 23 Secretary of Transportation using funds made available 24 for national infrastructure investments under title I of di- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 35 •S 2165 IS vision L of the Consolidated Appropriations Act, 2016 1 (Public Law 114–113; 129 Stat. 2835). 2 (b) REQUIREMENT.—Out of funds of the Treasury 3 not otherwise appropriated, there is appropriated to the 4 Secretary of Transportation $250,000,000 for fiscal year 5 2018, to remain available until expended, to award 6 TIGER discretionary grants for eligible programs and ac- 7 tivities in Puerto Rico and the Virgin Islands. 8 SEC. 226. PASSENGER AND FREIGHT RAIL IMPROVEMENTS. 9 (a) FUNDING.—Out of funds of the Treasury not oth- 10 erwise appropriated, there is appropriated to the Secretary 11 of Transportation $600,000,000 for fiscal year 2018, to 12 remain available until expended, for planning and capital 13 costs to build, improve, or expand passenger and freight 14 rail projects in Puerto Rico under titles 23 and 49, United 15 States Code. 16 (b) ELIGIBLE USES.—Of the amounts made available 17 for each fiscal year under subsection (a)— 18 (1) not more than 15 percent may be used for 19 temporary operating assistance for such rail and 20 transit projects as the Secretary of Transportation 21 determines to be eligible; and 22 (2) not more than 50 percent may be allocated 23 to another transportation capital investment account 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 36 •S 2165 IS funded under this Act, on approval of the Secretary 1 of Transportation. 2 SEC. 227. AIRPORT IMPROVEMENT PROGRAM. 3 Out of funds of the Treasury not otherwise appro- 4 priated, there is appropriated to the Secretary of Trans- 5 portation $200,000,000 for fiscal year 2018, to remain 6 available until expended, to make grants under the Airport 7 Improvement Program under subchapter I of chapter 471 8 of title 49, United States Code, for eligible programs and 9 activities in Puerto Rico and the Virgin Islands. 10 SEC. 228. AIRPORT FACILITIES AND EQUIPMENT. 11 Out of funds of the Treasury not otherwise appro- 12 priated, there is appropriated to the Facilities and Equip- 13 ment Account of the Federal Aviation Administration 14 $200,000,000 for fiscal year 2018, to remain available 15 until expended, for expenses in Puerto Rico and the Virgin 16 Islands, including expenses related to the consequences of 17 Hurricanes Maria and Irma in Puerto Rico and the Virgin 18 Islands. 19 SEC. 229. CLEAN AND SAFE WATER REVOLVING FUNDS. 20 Out of funds of the Treasury not otherwise appro- 21 priated, there is appropriated to the Administrator of the 22 Environmental Protection Agency for fiscal year 2018— 23 (1) $125,000,000, to remain available until ex- 24 pended, to make capitalization grants to Puerto Rico 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 37 •S 2165 IS and the Virgin Islands for the purpose of estab- 1 lishing and maintaining water pollution control re- 2 volving funds under title VI of the Federal Water 3 Pollution Control Act (33 U.S.C. 1381 et seq.); and 4 (2) $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 drinking water treatment 8 revolving loan funds under section 1452(a) of the 9 Safe Drinking Water Act (42 U.S.C. 300j–12(a)). 10 SEC. 230. CONSTRUCTION OF FERRY BOATS AND FERRY 11 TERMINAL FACILITIES. 12 Out of funds of the Treasury not otherwise appro- 13 priated, there is appropriated to the Secretary of Trans- 14 portation $25,000,000 for fiscal year 2018, to remain 15 available until expended, for the construction of ferry 16 boats and ferry terminal facilities in Puerto Rico and the 17 Virgin Islands under section 147 of title 23, United States 18 Code. 19 SEC. 231. CORPS OF ENGINEERS FUNDS. 20 (a) CONSTRUCTION ACCOUNT.—Out of funds of the 21 Treasury not otherwise appropriated, there is appro- 22 priated to the Construction Account of the Corps of Engi- 23 neers $3,255,000,000 for fiscal year 2018, to remain 24 available until expended, for authorized navigation, coastal 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 38 •S 2165 IS storm and riverine flood damage reduction, ecosystem res- 1 toration, and environmental infrastructure assistance ac- 2 tivities, of which— 3 (1) $1,830,000,000 is for such activities in 4 Puerto Rico, with priority given to dredging the 5 Can˜o Martı´n Pen˜a; and 6 (2) $1,425,000,000 is for such activities in the 7 Virgin Islands. 8 (b) OPERATIONS AND MAINTENANCE ACCOUNT.— 9 Out of funds of the Treasury not otherwise appropriated, 10 there is appropriated to the Operations and Maintenance 11 Account of the Corps of Engineers $375,000,000 for fiscal 12 year 2018, to remain available until expended, for eligible 13 operations and maintenance costs of coastal harbors and 14 channels, and for inland harbors, to improve the move- 15 ment of goods through marine ports in Puerto Rico and 16 the Virgin Islands. 17 SEC. 232. PREDISASTER HAZARD MITIGATION AND RESIL- 18 IENCY. 19 Out of funds of the Treasury not otherwise appro- 20 priated, there is appropriated to the Director of the Fed- 21 eral Emergency Management Agency $250,000,000 for 22 fiscal year 2018, to remain available until expended, to 23 carry out in Puerto Rico and the Virgin Islands minor lo- 24 calized flood reduction projects and major flood risk re- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 39 •S 2165 IS duction projects under the predisaster hazard mitigation 1 program under section 203 of the Robert T. Stafford Dis- 2 aster Relief and Emergency Assistance Act (42 U.S.C. 3 5133). 4 SEC. 233. BROADBAND PROGRAMS. 5 (a) BROADBAND INITIATIVES PROGRAM.—Out of 6 funds of the Treasury not otherwise appropriated, there 7 is appropriated $150,000,000 for fiscal year 2018, to re- 8 main available until expended, for the broadband initia- 9 tives program established under title VI of the Rural Elec- 10 trification Act of 1936 (7 U.S.C. 950bb et seq.) to expand 11 access to, and the quality of, broadband service across 12 Puerto Rico and the Virgin Islands, with preference given 13 to— 14 (1) public or cooperatively owned telecommuni- 15 cations systems; or 16 (2) telecommunications systems that provide 17 telehealth, distance learning, and public safety bene- 18 fits. 19 (b) BROADBANDUSA PROGRAM.—Out of funds of 20 the Treasury not otherwise appropriated, there is appro- 21 priated $150,000,000 for fiscal year 2018, to remain 22 available until expended, to the National Telecommuni- 23 cations and Information Administration to carry out the 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 40 •S 2165 IS BroadbandUSA program in Puerto Rico and the Virgin 1 Islands, with preference given to— 2 (1) public or cooperatively owned telecommuni- 3 cations systems; or 4 (2) telecommunications systems that provide 5 telehealth, distance learning, and public safety bene- 6 fits. 7 SEC. 234. HOUSING AND COMMUNITY DEVELOPMENT. 8 (a) HOME INVESTMENT PARTNERSHIPS PRO- 9 GRAM.— 10 (1) ALL PARTICIPATING JURISDICTIONS.—Out 11 of funds of the Treasury not otherwise appropriated, 12 there is appropriated $85,000,000 for fiscal year 13 2018, to remain available until expended, for the 14 HOME Investment Partnerships program authorized 15 under title II of the Cranston-Gonzalez National Af- 16 fordable Housing Act (42 U.S.C. 12721 et seq.)— 17 (A) to be allocated between Puerto Rico 18 and the Virgin Islands in the same proportion 19 as for the most recent fiscal year; and 20 (B) of which the amount allocated to Puer- 21 to Rico under subparagraph (A) shall be allo- 22 cated proportionately among participating juris- 23 dictions in Puerto Rico in accordance with the 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 41 •S 2165 IS allocation among such jurisdictions for the most 1 recent fiscal year. 2 (2) CAN˜O MARTI´N PEN˜A COMMUNITIES.—Out of 3 funds of the Treasury not otherwise appropriated, in 4 addition to the amount appropriated under para- 5 graph (1), there is appropriated $15,000,000 for fis- 6 cal year 2018, to remain available until expended, 7 for the HOME Investment Partnerships program 8 authorized under title II of the Cranston-Gonzalez 9 National Affordable Housing Act (42 U.S.C. 12721 10 et seq.) to be allocated to the HOME Investment 11 Partnership Program of the Municipality of San 12 Juan for use by the Can˜o Martı´n Pen˜a Community 13 Land Trust (also known as ‘‘El Fedeicomiso de la 14 Tierra del Can˜o Martı´n Pen˜a’’) to create, improve, 15 and rehabilitate affordable housing in the 8 Can˜o 16 Martı´n Pen˜a communities, including for the costs of 17 relocating homes from the banks of the channel to 18 other locations in the community. 19 (b) COMMUNITY DEVELOPMENT BLOCK GRANT PRO- 20 GRAM.— 21 (1) ALL JURISDICTIONS.—Out of funds of the 22 Treasury not otherwise appropriated, there is appro- 23 priated $300,000,000 for fiscal year 2018, to remain 24 available until expended, for the community develop- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 42 •S 2165 IS ment block grant program under title I of the Hous- 1 ing and Community Development Act of 1974 (42 2 U.S.C. 5301 et seq.)— 3 (A) to be allocated between Puerto Rico 4 and the Virgin Islands in the same proportion 5 as for the most recent fiscal year; and 6 (B) of which the amount allocated to Puer- 7 to Rico under subparagraph (A) shall be allo- 8 cated proportionately among entitlement com- 9 munities and nonentitlement communities in 10 Puerto Rico in accordance with the allocation 11 among such communities for the most recent 12 fiscal year. 13 (2) CAN˜O MARTI´N PEN˜A COMMUNITIES.—Out of 14 funds of the Treasury not otherwise appropriated, in 15 addition to the amount appropriated under para- 16 graph (1), there is appropriated $25,000,000 for fis- 17 cal year 2018, to remain available until expended, 18 for the community development block grant program 19 under title I of the Housing and Community Devel- 20 opment Act of 1974 (42 U.S.C. 5301 et seq.) to be 21 allocated to the Municipality of San Juan for use by 22 the Martı´n Pen˜a Canal ENLACE Project Corpora- 23 tion (also known as ‘‘La Corporacio´n del Proyecto 24 ENLACE del Can˜o Martı´n Pen˜a’’) for housing, 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 43 •S 2165 IS community, and economic development in the 8 1 Can˜o Martı´n Pen˜a communities. 2 (c) LOW-INCOME HOUSING OPERATING SUBSIDY.— 3 Out of funds of the Treasury not otherwise appropriated, 4 there is appropriated $41,200,000 for fiscal year 2018, 5 to remain available until expended, for payments to public 6 housing agencies for the operation and management of 7 public housing, as authorized under section 9(e) of the 8 United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 9 of which— 10 (1) $40,000,000 is for such payments to public 11 housing agencies in Puerto Rico; and 12 (2) $1,200,000 is for such payments to public 13 housing agencies in the Virgin Islands. 14 (d) CHOICE NEIGHBORHOODS PROGRAM.—Out of 15 funds of the Treasury not otherwise appropriated, there 16 is appropriated $172,000,000 for fiscal year 2018, to re- 17 main available until expended, for competitive grants 18 under the Choice Neighborhoods Initiative of the Depart- 19 ment of Housing and Urban Development for trans- 20 formation, rehabilitation, and replacement housing needs 21 of both public housing and Department of Housing and 22 Urban Development-assisted housing and to transform 23 neighborhoods of poverty into functioning, sustainable 24 mixed income neighborhoods with appropriate services, 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 44 •S 2165 IS schools, public assets, transportation, and access to jobs, 1 of which— 2 (1) $167,000,000 is for grants for such pur- 3 poses in Puerto Rico; and 4 (2) $5,000,000 is for grants for such purposes 5 in the Virgin Islands. 6 (e) SECTION 8 ADMINISTRATIVE FEES.—Out of 7 funds of the Treasury not otherwise appropriated, there 8 is appropriated $47,600,000 for fiscal year 2018, to re- 9 main available until expended, for administrative and 10 other expenses of public housing agencies in administering 11 the tenant-based rental assistance program under section 12 8 of the United States Housing Act of 1947 (42 U.S.C. 13 1437f) in Puerto Rico and the Virgin Islands, of which— 14 (1) $46,200,000 is for such expenses in Puerto 15 Rico; and 16 (2) $1,400,000 is for such expenses in the Vir- 17 gin Islands. 18 (f) PUBLIC HOUSING CAPITAL FUND.—Out of funds 19 of the Treasury not otherwise appropriated, there is ap- 20 propriated $687,000,000 for fiscal year 2018, to remain 21 available until expended, for the Public Housing Capital 22 Fund Program of the Department of Housing and Urban 23 Development to carry out capital and management activi- 24 ties for public housing agencies, as authorized under sec- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 45 •S 2165 IS tion 9 of the United States Housing Act of 1937 (42 1 U.S.C. 1437g), of which— 2 (1) $667,000,000 is for such activities in Puer- 3 to Rico; and 4 (2) $20,000,000 is for such activities in the 5 Virgin Islands. 6 SEC. 235. OVERSIGHT. 7 (a) PLANNING PROCESS.—Puerto Rico and the Vir- 8 gin Islands may not receive any funds under this subtitle, 9 unless Puerto Rico and the Virgin Islands undertake a 10 planning process, administered by the respective regu- 11 latory drinking and waste water and service commissions, 12 for the water system of Puerto Rico and the Virgin Is- 13 lands, respectively. 14 (b) REQUIREMENTS.—The planning process required 15 under subsection (a) shall— 16 (1) contain an assessment of the current water 17 needs of the customer classes and future, moderniza- 18 tion and resiliency needs of a rebuilt drinking and 19 waste water system; 20 (2) describe a transparent and participatory 21 process to evaluate and determine the potential op- 22 tions for meeting the above needs; and 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 46 •S 2165 IS (3) include recommendations for where funds 1 should be directed for accomplishing the goals de- 2 scribed in paragraphs (1) and (2). 3 Subtitle D—Limit on Privatization 4 SEC. 241. LIMIT ON PRIVATIZATION. 5 No service provided or structure, facility, system, 6 means of transportation, or other infrastructure built, re- 7 habilitated, repaired, restored, improved, expanded, or 8 carried out using amounts made available under this title 9 may be transferred to the ownership and control of a pri- 10 vate individual or entity. 11 TITLE III—MEDICAID AND 12 MEDICARE PARITY 13 Subtitle A—Medicaid 14 SEC. 301. ELIMINATION OF GENERAL MEDICAID FUNDING 15 LIMITATIONS (‘‘CAP’’) FOR TERRITORIES. 16 (a) IN GENERAL.—Section 1108 of the Social Secu- 17 rity Act (42 U.S.C. 1308) is amended— 18 (1) in subsection (f), in the matter before para- 19 graph (1), by striking ‘‘subsection (g)’’ and inserting 20 ‘‘subsections (g) and (h)’’; 21 (2) in subsection (g)(2), in the matter before 22 subparagraph (A), by inserting ‘‘and subsection (h)’’ 23 after ‘‘paragraphs (3) and (5)’’; and 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 47 •S 2165 IS (3) by adding at the end the following new sub- 1 section: 2 ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITATIONS 3 FOR PUERTO RICO, THE VIRGIN ISLANDS OF THE 4 UNITED STATES, GUAM, THE NORTHERN MARIANA IS- 5 LANDS, AND AMERICAN SAMOA.—Subsections (f) and (g) 6 shall not apply to Puerto Rico, the Virgin Islands of the 7 United States, Guam, the Northern Mariana Islands, and 8 American Samoa beginning with fiscal year 2019.’’. 9 (b) CONFORMING AMENDMENTS.— 10 (1) Section 1902(j) of the Social Security Act 11 (42 U.S.C. 1396a(j)) is amended by striking ‘‘, the 12 limitation in section 1108(f),’’. 13 (2) Section 1903(u) of the Social Security Act 14 (42 U.S.C. 1396b(u)) is amended by striking para- 15 graph (4). 16 (3) Section 1323(c)(1) of the Patient Protection 17 and Affordable Care Act (42 U.S.C. 18043(c)(1)) is 18 amended by striking ‘‘2019’’ and inserting ‘‘2018’’. 19 (c) EFFECTIVE DATE.—The amendments made by 20 this section shall apply beginning with fiscal year 2019. 21 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 48 •S 2165 IS SEC. 302. ELIMINATION OF SPECIFIC FEDERAL MEDICAL 1 ASSISTANCE PERCENTAGE (FMAP) LIMITA- 2 TION FOR TERRITORIES; TEMPORARILY IN- 3 CREASING THE FMAP FOR PUERTO RICO AND 4 THE VIRGIN ISLANDS TO 100 PERCENT. 5 Section 1905(b) of the Social Security Act (42 U.S.C. 6 1396d(b)) is amended— 7 (1) in clause (2), by inserting ‘‘for fiscal years 8 before fiscal year 2019’’ after ‘‘American Samoa’’; 9 and 10 (2) by adding at the end the following new sen- 11 tence: ‘‘Notwithstanding the first sentence of this 12 subsection, for each of fiscal years 2018 and 2019, 13 the Federal medical assistance percentage for Puerto 14 Rico and the Virgin Islands shall be 100 percent.’’. 15 SEC. 303. APPLICATION OF MEDICAID WAIVER AUTHORITY 16 TO ALL OF THE TERRITORIES. 17 (a) IN GENERAL.—Section 1902(j) of the Social Se- 18 curity Act (42 U.S.C. 1396a(j)) is amended— 19 (1) by striking ‘‘American Samoa and the 20 Northern Mariana Islands’’ and inserting ‘‘Puerto 21 Rico, the Virgin Islands of the United States, Guam, 22 the Northern Mariana Islands, and American 23 Samoa’’; 24 (2) by striking ‘‘American Samoa or the North- 25 ern Mariana Islands’’ and inserting ‘‘Puerto Rico, 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 49 •S 2165 IS the Virgin Islands of the United States, Guam, the 1 Northern Mariana Islands, or American Samoa’’; 2 (3) by inserting ‘‘(1)’’ after ‘‘(j)’’; 3 (4) by inserting ‘‘except as otherwise provided 4 in this subsection,’’ after ‘‘Notwithstanding any 5 other requirement of this title’’; and 6 (5) by adding at the end the following: 7 ‘‘(2) The Secretary may not waive under this sub- 8 section with respect to the medical assistance program of 9 any territory— 10 ‘‘(A) the requirement of subsection 11 (a)(10)(A)(i)(IX) (relating to coverage of adults for- 12 merly under foster care); 13 ‘‘(B) the requirement to provide medical assist- 14 ance for early and periodic screening, diagnostic, 15 and treatment services (as defined in section 16 1905(r)) for individuals who are eligible for assist- 17 ance under the program and who under the age of 18 21; or 19 ‘‘(C) the requirement to provide for payment 20 for services described in section 1905(a)(2)(C) fur- 21 nished by a Federally-qualified health center and 22 services described in section 1905(a)(2)(B) furnished 23 by a rural health clinic in accordance with the provi- 24 sions of subsection (bb).’’. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 50 •S 2165 IS (b) EFFECTIVE DATE.—The amendments made by 1 this section shall apply beginning October 1, 2018. 2 SEC. 304. PERMITTING MEDICAID DSH ALLOTMENTS FOR 3 TERRITORIES. 4 Section 1923(f) of the Social Security Act (42 U.S.C. 5 1396) is amended— 6 (1) in paragraph (6), by adding at the end the 7 following new subparagraph: 8 ‘‘(C) TERRITORIES.— 9 ‘‘(i) FISCAL YEAR 2019.—For fiscal 10 year 2019, the DSH allotment for Puerto 11 Rico, the Virgin Islands of the United 12 States, Guam, the Northern Mariana Is- 13 lands, and American Samoa shall bear the 14 same ratio to $150,000,000 as the ratio of 15 the number of individuals who are low-in- 16 come or uninsured and residing in such re- 17 spective territory (as estimated from time 18 to time by the Secretary) bears to the 19 sums of the number of such individuals re- 20 siding in all of the territories. 21 ‘‘(ii) SUBSEQUENT FISCAL YEAR.— 22 For each subsequent fiscal year, the DSH 23 allotment for each such territory is subject 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 51 •S 2165 IS to an increase in accordance with para- 1 graph (2).’’; and 2 (2) in paragraph (9), by inserting before the pe- 3 riod at the end the following: ‘‘, and includes, begin- 4 ning with fiscal year 2019, Puerto Rico, the Virgin 5 Islands of the United States, Guam, the Northern 6 Mariana Islands, and American Samoa’’. 7 Subtitle B—Medicare 8 PART I—PART A 9 SEC. 311. CALCULATION OF MEDICARE DSH PAYMENTS FOR 10 IPPS HOSPITALS IN PUERTO RICO. 11 Section 1886(d)(9)(D)(iii) of the Social Security Act 12 (42 U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as 13 follows: 14 ‘‘(iii) Subparagraph (F) (relating to dispropor- 15 tionate share payments), including application of 16 subsection (r), except that for this purpose— 17 ‘‘(I) the sum described in clause (ii) of this 18 subparagraph shall be substituted for the sum 19 referred to in paragraph (5)(F)(ii)(I); and 20 ‘‘(II) for discharges occurring on or after 21 October 1, 2017, subclause (I) of paragraph 22 (5)(F)(vi) shall be applied by substituting for 23 the numerator described in such subclause the 24 number of subsection (d) Puerto Rico hospital’s 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 52 •S 2165 IS patient days for the cost reporting period in- 1 volved which were made up of patients who (for 2 such days) were entitled to benefits under part 3 A of this title and were— 4 ‘‘(aa) entitled to supplementary secu- 5 rity income benefits (excluding any State 6 supplementation) under title XVI of this 7 Act; 8 ‘‘(bb) eligible for medical assistance 9 under a State plan under title XIX; or 10 ‘‘(cc) receiving aid or assistance under 11 any plan of the State approved under title 12 I, X, XIV, or XVI.’’. 13 SEC. 312. REBASING TARGET AMOUNT FOR HOSPITALS IN 14 TERRITORIES. 15 Section 1886(b)(3) of the Social Security Act (42 16 U.S.C. 1395ww(b)(3)) is amended by adding at the end 17 the following new subparagraph: 18 ‘‘(M)(i) For each cost reporting period be- 19 ginning on or after October 1, 2017, in the case 20 of a hospital located in a territory of the United 21 States, there shall be substituted for the target 22 amount otherwise determined under subpara- 23 graph (A) the rebased target amount (as de- 24 fined in clause (ii)), if such substitution results 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 53 •S 2165 IS in an amount of payment under this section to 1 the hospital for such period that is greater than 2 the amount of payment that would be made 3 under this section to the hospital for such pe- 4 riod if this subparagraph were not to apply. 5 ‘‘(ii) For purposes of this subparagraph, 6 the term ‘rebased target amount’ has the mean- 7 ing given the term ‘target amount’ in subpara- 8 graph (A), except that— 9 ‘‘(I) there shall be substituted for the 10 base cost reporting period the 12-month 11 cost reporting period beginning during fis- 12 cal year 2015; 13 ‘‘(II) any reference in subparagraph 14 (A)(i) to the ‘first such cost reporting pe- 15 riod’ is deemed a reference to the first cost 16 reporting period beginning on or after Oc- 17 tober 1, 2017; and 18 ‘‘(III) the applicable percentage in- 19 crease shall only be applied under subpara- 20 graph (B)(ii) for cost reporting periods be- 21 ginning on or after October 1, 2017. 22 ‘‘(iii) Nothing in this subparagraph shall 23 affect any rebasing request by a hospital for 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 54 •S 2165 IS any cost reporting period beginning during a 1 fiscal year before fiscal year 2015.’’. 2 SEC. 313. MEDICARE DSH TARGET ADJUSTMENT FOR HOS- 3 PITALS IN TERRITORIES. 4 Section 1886(b)(3) of the Social Security Act (42 5 U.S.C. 1395ww(b)(3)), as amended by section 312, is 6 amended by adding at the end the following new subpara- 7 graph: 8 ‘‘(N)(i) For each cost reporting period be- 9 ginning on or after October 1, 2017, in the case 10 of a hospital that is located in a territory of the 11 United States other than Puerto Rico and that 12 would be a subsection (d) hospital if it were lo- 13 cated in one of the 50 States, the target 14 amount shall be increased by— 15 ‘‘(I) in the case that such hospital has 16 a disproportionate patient percentage of 17 not less than 15 percent and not greater 18 than 40 percent, 10 percent; and 19 ‘‘(II) in the case that such hospital 20 has a disproportionate patient percentage 21 of greater than 40 percent, 10 percent plus 22 60 percent of the number of percentage 23 points by which such hospital’s dispropor- 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 55 •S 2165 IS tionate patient percentage exceeds 40 per- 1 cent. 2 ‘‘(ii) For purposes of this subparagraph, 3 the term ‘disproportionate patient percentage’ 4 has the meaning given such term in subsection 5 (d)(5)(F)(vi), except that in applying such 6 meaning any reference under such subsection to 7 individuals entitled to supplementary security 8 income under title XVI shall be deemed for pur- 9 poses of this subparagraph to include individ- 10 uals— 11 ‘‘(I) eligible for medical assistance 12 under a State plan under title XIX; or 13 ‘‘(II) receiving aid or assistance under 14 any plan of the territory approved under 15 title I, X, XIV, or XVI.’’. 16 PART II—PART B 17 SEC. 321. APPLICATION OF PART B DEEMED ENROLLMENT 18 PROCESS TO RESIDENTS OF PUERTO RICO; 19 SPECIAL ENROLLMENT PERIOD AND LIMIT 20 ON LATE ENROLLMENT PENALTIES. 21 (a) APPLICATION OF PART B DEEMED ENROLLMENT 22 PROCESS TO RESIDENTS OF PUERTO RICO.—Section 23 1837(f)(3) of the Social Security Act (42 U.S.C. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 56 •S 2165 IS 1395p(f)(3)) is amended by striking ‘‘, exclusive of Puerto 1 Rico’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall apply to individuals whose initial en- 4 rollment period under section 1837(d) of the Social Secu- 5 rity Act begins on or after the first day of the effective 6 month, specified by the Secretary of Health and Human 7 Services under section 1839(j)(1)(C) of such Act, as added 8 by subsection (c)(2). 9 (c) TRANSITION PROVIDING SPECIAL ENROLLMENT 10 PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES 11 FOR CERTAIN MEDICARE BENEFICIARIES.—Section 1839 12 of the Social Security Act (42 U.S.C. 1395r) is amend- 13 ed— 14 (1) in the first sentence of subsection (b), by in- 15 serting ‘‘subject to section 1839(j)(2),’’ after ‘‘sub- 16 section (i)(4) or (l) of section 1837,’’; and 17 (2) by adding at the end the following new sub- 18 section: 19 ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS OF 20 PUERTO RICO.— 21 ‘‘(1) SPECIAL ENROLLMENT PERIOD, COVERAGE 22 PERIOD FOR RESIDENTS WHO ARE ELIGIBLE BUT 23 NOT ENROLLED.— 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 57 •S 2165 IS ‘‘(A) IN GENERAL.—In the case of a tran- 1 sition individual (as defined in paragraph (3)) 2 who is not enrolled under this part as of the 3 day before the first day of the effective month 4 (as defined in subparagraph (C)), the Secretary 5 shall provide for a special enrollment period 6 under section 1837 of 7 months beginning with 7 such effective month during which the indi- 8 vidual may be enrolled under this part. 9 ‘‘(B) COVERAGE PERIOD.—In the case of 10 such an individual who enrolls during such spe- 11 cial enrollment period, the coverage period 12 under section 1838 shall begin on the first day 13 of the second month after the month in which 14 the individual enrolls. 15 ‘‘(C) EFFECTIVE MONTH DEFINED.—In 16 this section, the term ‘effective month’ means a 17 month, not earlier than October 2018 and not 18 later than January 2019, specified by the Sec- 19 retary. 20 ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- 21 ALTIES FOR CURRENT ENROLLEES AND INDIVID- 22 UALS ENROLLING DURING TRANSITION.— 23 ‘‘(A) IN GENERAL.—In the case of a tran- 24 sition individual who is enrolled under this part 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 58 •S 2165 IS as of the day before the first day of the effec- 1 tive month or who enrolls under this part on or 2 after the date of the enactment of this sub- 3 section but before the end of the special enroll- 4 ment period under paragraph (1)(A), the 5 amount of the late enrollment penalty imposed 6 under section 1839(b) shall be recalculated by 7 reducing the penalty to 15 percent of the pen- 8 alty otherwise established. 9 ‘‘(B) APPLICATION.—Subparagraph (A) 10 shall be applied in the case of a transition indi- 11 vidual who— 12 ‘‘(i) is enrolled under this part as of 13 the month before the effective month, for 14 premiums for months beginning with such 15 effective month; or 16 ‘‘(ii) enrolls under this part on or 17 after the date of the enactment of this Act 18 and before the end of the special enroll- 19 ment period under paragraph (1)(A), for 20 premiums for months during the coverage 21 period under this part which occur during 22 or after the effective month. 23 ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL 24 TERMINATES ENROLLMENT.—Subparagraph 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 59 •S 2165 IS (A) shall not apply to a transition individual if 1 the individual terminates enrollment under this 2 part after the end of the special enrollment pe- 3 riod under paragraph (1). 4 ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In 5 this section, the term ‘transition individual’ means 6 an individual who resides in Puerto Rico and who 7 would have been deemed enrolled under this part 8 pursuant to section 1837(f) before the first day of 9 the effective month but for the fact that the indi- 10 vidual was a resident of Puerto Rico, regardless of 11 whether the individual is enrolled under this part as 12 of such first day.’’. 13 PART III—MEDICARE ADVANTAGE (PART C) 14 SEC. 331. ADJUSTMENT IN BENCHMARK FOR LOW-BASE 15 PAYMENT COUNTIES IN PUERTO RICO. 16 Section 1853(n) of the Social Security Act (42 U.S.C. 17 1395w–103(n)) is amended— 18 (1) in paragraph (1), by striking ‘‘and (5)’’ and 19 inserting ‘‘, (5), and (6)’’; 20 (2) in paragraph (4), by striking ‘‘In no case’’ 21 and inserting ‘‘Subject to paragraph (6), in no 22 case’’; and 23 (3) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 60 •S 2165 IS ‘‘(6) SPECIAL RULES FOR BLENDED BENCH- 1 MARK AMOUNT FOR TERRITORIES.— 2 ‘‘(A) IN GENERAL.—Subject to paragraph 3 (2), the blended benchmark amount for an area 4 in a territory for a year (beginning with 2018) 5 shall not be less than 80 percent of the national 6 average of the base payment amounts specified 7 in paragraph (2)(E) for such year for areas 8 within the 50 States and the District of Colum- 9 bia. 10 ‘‘(B) LIMITATION.—In no case shall the 11 blended benchmark amount for an area in a 12 territory for a year under subparagraph (A) ex- 13 ceed the lowest blended benchmark amount for 14 any area within the 50 States and the District 15 of Columbia for such year.’’. 16 PART IV—PART D 17 SEC. 341. IMPROVED USE OF ALLOCATED PRESCRIPTION 18 DRUG FUNDS BY TERRITORIES. 19 Section 1935(e) of the Social Security Act (42 U.S.C. 20 1396u–5(e)) is amended by adding at the end the fol- 21 lowing new paragraph: 22 ‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN- 23 COME PART D ELIGIBLE INDIVIDUALS.—This sub- 24 section shall be applied beginning with fiscal year 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 61 •S 2165 IS 2018 as follows, notwithstanding any other provision 1 of this title: 2 ‘‘(A) CLARIFYING STATE FLEXIBILITY TO 3 COVER NON-DUAL-ELIGIBLE INDIVIDUALS.—In 4 this title, the term ‘medical assistance’ includes 5 financial assistance furnished by a State under 6 this subsection to part D eligible individuals 7 who, if they were residing in one of the 50 8 States or the District of Columbia, would qual- 9 ify as subsidy eligible individuals under section 10 1860D–14(a)(3), and without regard to wheth- 11 er such individuals otherwise qualify for medical 12 assistance under this title. 13 ‘‘(B) 100 PERCENT FMAP TO REFLECT NO 14 STATE MATCHING REQUIRED FOR PART D LOW- 15 INCOME SUBSIDIES.—The Federal medical as- 16 sistance percentage applicable to the assistance 17 furnished under this subsection is 100 percent. 18 ‘‘(C) LIMITED FUNDING FOR SPECIAL 19 RULES.—Subparagraphs (A) and (B), and the 20 provision of medical assistance for covered part 21 D drugs to low-income part D eligible individ- 22 uals for a State and period under this sub- 23 section, is limited to the amount specified in 24 paragraph (3) for such State and period, with- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 62 •S 2165 IS out regard to the application of subsection (f) 1 or (g) of section 1108.’’. 2 SEC. 342. REPORT ON TREATMENT OF TERRITORIES 3 UNDER MEDICARE PART D. 4 Paragraph (4) of section 1935(e) of the Social Secu- 5 rity Act (42 U.S.C. 1396u–5(e)) is amended to read as 6 follows: 7 ‘‘(4) REPORT ON APPLICATION OF SUB- 8 SECTION.— 9 ‘‘(A) IN GENERAL.—Not later than Feb- 10 ruary 1, 2020, the Secretary shall submit to 11 Congress a report on the application of this 12 subsection during the period beginning with fis- 13 cal year 2006 and ending fiscal year 2019. 14 ‘‘(B) INFORMATION TO BE INCLUDED IN 15 REPORT.—Such report shall include— 16 ‘‘(i) program guidance issued by the 17 Secretary to implement this subsection; 18 ‘‘(ii) for each territory, information on 19 the increased amount under paragraph (3) 20 and how the territory has applied such 21 amount, including the territory’s program 22 design, expenditures, and number of indi- 23 viduals (and dual-eligible individuals) as- 24 sisted; and 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 63 •S 2165 IS ‘‘(iii) a description of differences be- 1 tween how such territories are treated 2 under part D of title XVIII and under this 3 title compared with the treatment of the 4 50 States and the District of Columbia 5 under such part and this title for different 6 fiscal years within the period covered 7 under the report. 8 ‘‘(C) RECOMMENDATIONS.—Such report 9 shall include recommendations for improving 10 prescription drug coverage for low-income indi- 11 viduals in each territory, including rec- 12 ommendations regarding each of the following 13 alternative approaches: 14 ‘‘(i) Adjusting the aggregate amount 15 specified in paragraph (3)(B). 16 ‘‘(ii) Allowing residents of the terri- 17 tories to be subsidy eligible individuals 18 under section 1860D–14, notwithstanding 19 subsection (a)(3)(F) of such section, or 20 providing substantially equivalent low-in- 21 come prescription drug subsidies to such 22 residents.’’. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 64 •S 2165 IS Subtitle C—Miscellaneous 1 SEC. 351. MODIFIED TREATMENT OF TERRITORIES WITH 2 RESPECT TO APPLICATION OF ACA ANNUAL 3 HEALTH INSURANCE PROVIDER FEES. 4 Section 9010 of the Patient Protection and Afford- 5 able Care Act (26 U.S.C. 4001 note prec.) is amended— 6 (1) in subsection (b)(1), by inserting ‘‘subject 7 to subsection (j)(1),’’ after ‘‘With respect to each 8 covered entity,’’; and 9 (2) by striking subsection (j) and inserting the 10 following: 11 ‘‘(j) SPECIAL RULES FOR TREATMENT OF TERRI- 12 TORIES.— 13 ‘‘(1) IN GENERAL.—In applying this section 14 with respect to United States health risks located 15 outside of the 50 States or the District of Columbia 16 for years beginning with 2018— 17 ‘‘(A) the amount of the fee under sub- 18 section (b) shall be 50 percent of the amount 19 of the fee otherwise determined; 20 ‘‘(B) the Secretary shall deposit the 21 amount of such fees collected for each territory 22 into a separate account; and 23 ‘‘(C) amounts in such an account for a ter- 24 ritory for a year are appropriated and shall be 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 65 •S 2165 IS available to the territory in accordance with 1 paragraph (2). 2 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts made 3 available to a territory under paragraph (1)(C) with 4 respect to a territory for a year shall be made avail- 5 able to the territory, upon application of the terri- 6 tory to the Secretary of Health and Human Serv- 7 ices, only for the following purposes, as elected by 8 the territory in such application: 9 ‘‘(A) INCREASED PRESCRIPTION DRUG AS- 10 SISTANCE FOR LOW-INCOME PART D ELIGIBLE 11 INDIVIDUALS.—For increasing the amount of 12 funds made available to the territory under sec- 13 tion 1935(e)(3) of the Social Security Act (42 14 U.S.C. 1396u–5(e)(3)) for assistance for low-in- 15 come part D eligible individuals in obtaining 16 part D covered drugs. 17 ‘‘(B) SATISFYING STATE MEDICAID 18 MATCHING REQUIREMENT.—For purposes of 19 the territory meeting non-Federal matching re- 20 quirements imposed with respect to obtaining 21 Federal financial participation under title XIX 22 of the Social Security Act.’’. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 66 •S 2165 IS SEC. 352. MEDICAID AND CHIP TERRITORY TRANSPARENCY 1 AND INFORMATION. 2 (a) PUBLICATION OF INFORMATION ON FEDERAL 3 EXPENDITURES UNDER MEDICAID AND CHIP IN THE 4 TERRITORIES.—Not later than 180 days after the date 5 of the enactment of this Act, the Secretary of Health and 6 Human Services shall publish, and periodically update, on 7 the Internet site of the Centers for Medicare & Medicaid 8 Services information on Medicaid and CHIP carried out 9 in the territories of the United States. Such information 10 shall include, with respect to each such territory— 11 (1) the income levels established by the terri- 12 tory for purposes of eligibility of an individual to re- 13 ceive medical assistance under Medicaid or child 14 health assistance under CHIP; 15 (2) the number of individuals enrolled in Med- 16 icaid and CHIP in such territory; 17 (3) any State plan amendments in effect to 18 carry out Medicaid or CHIP in such territory; 19 (4) any waiver of the requirements of title XIX 20 or title XXI issued by the Secretary to carry out 21 Medicaid or CHIP in the territory, including a waiv- 22 er under section 1115 of the Social Security Act (42 23 U.S.C. 1315), any application for such a waiver, and 24 any documentation related to such application (in- 25 cluding correspondence); 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 67 •S 2165 IS (5) the amount of the Federal and non-Federal 1 share of expenditures under Medicaid and CHIP in 2 such territory; 3 (6) the systems in place for the furnishing of 4 health care items and services under Medicaid and 5 CHIP in such territory; 6 (7) the design of CHIP in such territory; and 7 (8) other information regarding the carrying 8 out of Medicaid and CHIP in the territory that is 9 published on such Internet site with respect to car- 10 rying out Medicaid and CHIP in each State and the 11 District of Columbia. 12 (b) DEFINITIONS.—In this section: 13 (1) CHIP.—The term ‘‘CHIP’’ means the 14 State Children’s Health Insurance Program under 15 title XXI of the Social Security Act. 16 (2) MEDICAID.—The term ‘‘Medicaid’’ means 17 the Medicaid program under title XIX of the Social 18 Security Act. 19 (3) TERRITORY.—The term ‘‘territory of the 20 United States’’ includes Puerto Rico, the Virgin Is- 21 lands, Guam, the Northern Mariana Islands, and 22 American Samoa. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 68 •S 2165 IS SEC. 353. REPORT ON EXCLUSION OF TERRITORIES FROM 1 EXCHANGES. 2 (a) IN GENERAL.—Not later than February 1, 2020, 3 the Secretary of Health and Human Services shall submit 4 to Congress a report that details the adverse impacts in 5 each territory from the practical exclusion of the terri- 6 tories from the provisions of part II of subtitle D of title 7 I of the Patient Protection and Affordable Care Act inso- 8 far as such provisions provide for the establishment of an 9 American Health Benefit Exchange or the administration 10 of a federally facilitated Exchange in each State and in 11 the District of Columbia for the purpose of making health 12 insurance more affordable and accessible for individuals 13 and small businesses. 14 (b) INFORMATION IN REPORT.—The report shall in- 15 clude information on the following: 16 (1) An estimate of the total number of unin- 17 sured and underinsured individuals residing in each 18 territory with respect to health insurance coverage. 19 (2) A description of the number of health insur- 20 ance issuers in each territory and the health insur- 21 ance plans these issuers offer. 22 (3) An estimate of the number of individuals re- 23 siding in each territory who are denied premium and 24 cost-sharing assistance that would otherwise be 25 available to them for obtaining health insurance cov- 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 69 •S 2165 IS erage through an Exchange if they resided in one of 1 the 50 States or in the District of Columbia. 2 (4) An estimate of the amount of Federal as- 3 sistance described in paragraph (3) that is not being 4 made available to residents of each territory. 5 (5) An estimate of the number of small employ- 6 ers in each territory that would be eligible to pur- 7 chase health insurance coverage through a Small 8 Business Health Options Program (SHOP) Market- 9 place that would operate as part of an Exchange if 10 the employers were in one of the 50 States or in the 11 District of Columbia. 12 SEC. 354. TEMPORARY INCREASE IN SOCIAL SERVICES 13 BLOCK GRANT ALLOTMENTS FOR PUERTO 14 RICO AND THE VIRGIN ISLANDS. 15 (a) IN GENERAL.—For the purpose of increasing the 16 allotments for Puerto Rico and the Virgin Islands for fis- 17 cal year 2018 under section 2003 of the Social Security 18 Act (42 U.S.C. 1397b) in accordance with subsection (b), 19 there is appropriated $138,600,000 for fiscal year 2018. 20 (b) ALLOTMENTS.— 21 (1) IN GENERAL.—From the amount appro- 22 priated under subsection (a), the Secretary of 23 Health and Human Services shall increase the 24 amount of the allotments for Puerto Rico and the 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 70 •S 2165 IS Virgin Islands for fiscal year 2018 under section 1 2003 of the Social Security Act (42 U.S.C. 2 1397b)— 3 (A) in the case of Puerto Rico, by 4 $126,000,000; and 5 (B) in the case of the Virgin Islands, by 6 $12,600,000. 7 (2) NO EFFECT ON ALLOTMENTS TO OTHER 8 STATES.—The increase to the allotments for fiscal 9 year 2018 for Puerto Rico and the Virgin Islands 10 under paragraph (1)— 11 (A) shall be made after the determination 12 of the allotments for Puerto Rico and the Vir- 13 gin Islands for fiscal year 2018 under section 14 2003 of the Social Security Act (42 U.S.C. 15 1397b); and 16 (B) shall not affect the amount of the al- 17 lotment determined for fiscal year 2018 for any 18 other State under such section. 19 (c) SPECIAL RULES.— 20 (1) Notwithstanding section 2002(c) of the So- 21 cial Security Act (42 U.S.C. 1397a(c)), the increase 22 in the allotments for Puerto Rico and the Virgin Is- 23 lands for fiscal year 2018 shall remain available 24 until expended, without fiscal year limitation. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 71 •S 2165 IS (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 IV—AGRICULTURE 6 SEC. 401. 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 (b) ELECTRIC PROGRAM.— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 72 •S 2165 IS (1) IN GENERAL.—Out of funds of the Treas- 1 ury not otherwise appropriated, there is appro- 2 priated to the Administrator of the Rural Utilities 3 Service $250,000,000 for fiscal year 2018, to remain 4 available until expended, to provide electric infra- 5 structure grants for eligible programs and activities 6 in Puerto Rico and the Virgin Islands under the 7 Rural Electrification Act of 1936 (7 U.S.C. 901 et 8 seq.). 9 (2) LIMITATIONS.—Funds appropriated under 10 paragraph (1) may not be used for projects that in- 11 clude— 12 (A) the construction, operation, or mainte- 13 nance of new generation plants for the produc- 14 tion of— 15 (i) energy using sanitary waste landfill 16 systems; or 17 (ii) fossil fuels of any kind, including 18 diesel, oil, coal, and natural gas; or 19 (B) the construction of— 20 (i) new liquefied natural gas import or 21 export terminals; or 22 (ii) natural gas pipeline infrastructure 23 of any kind. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 73 •S 2165 IS SEC. 402. RURAL ENERGY FOR AMERICA PROGRAM. 1 Out of funds of the Treasury not otherwise appro- 2 priated, there is appropriated to the Secretary of Agri- 3 culture $125,000,000 for fiscal year 2018, to remain 4 available until expended, to provide financial assistance 5 and grants for eligible programs and activities in Puerto 6 Rico and the Virgin Islands under section 9007 of the 7 Farm Security and Rural Investment Act of 2002 (7 8 U.S.C. 8107). 9 SEC. 403. RURAL COMMUNITY FACILITIES PROGRAM. 10 Of the amounts made available for each of fiscal 11 years 2018 through 2027 for the ‘‘Rural Housing Service, 12 Rural Community Facilities Program Account’’, the 13 ‘‘Rural Business—Cooperative Service, Rural Business 14 Program Account’’, and the ‘‘Rural Utilities Service, 15 Rural Water and Waste Disposal Program Account’’, the 16 Secretary of Agriculture shall allocate not less than 1 per- 17 cent for assistance in one or more county-equivalent sub- 18 divisions in Puerto Rico and the Virgin Islands the aver- 19 age percentage of the population of which living in poverty 20 during the 30-year period ending on the date of enactment 21 of this Act is not less than 20 percent, as measured by 22 the 1990, 2000, and 2010 decennial censuses. 23 SEC. 404. RURAL HOUSING. 24 (a) OTHER SPECIAL LOANS AND GRANTS FOR MINOR 25 IMPROVEMENTS TO FARM HOUSING AND BUILDINGS.— 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 74 •S 2165 IS (1) IN GENERAL.—Out of any funds in the 1 Treasury not otherwise appropriated, there is appro- 2 priated to the Secretary of Agriculture $20,600,000, 3 to remain available until expended, for the cost of 4 grants for very low-income housing repair and rural 5 housing preservation under section 504 of the Hous- 6 ing Act of 1949 (42 U.S.C. 1474) in a covered dis- 7 aster area. 8 (2) LIMITATION ON GRANTS.—Notwithstanding 9 any limitation established by the Secretary of Agri- 10 culture under the third sentence of section 504(a) of 11 the Housing Act of 1949 (42 U.S.C. 1474(a)), the 12 maximum amount of a grant under paragraph (1) 13 shall be $20,000. 14 (b) MUTUAL AND SELF-HELP HOUSING.—Out of 15 any funds in the Treasury not otherwise appropriated, 16 there is appropriated to the Secretary of Agriculture 17 $5,150,000, to remain available until expended, for the 18 cost of grants and contracts under section 523(b)(1)(A) 19 of the Housing Act of 1949 (42 U.S.C. 1490c(b)(1)(A)), 20 which shall be used to support grants made under sub- 21 section (a)(1). 22 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 75 •S 2165 IS SEC. 405. WATERSHED AND FLOOD PREVENTION OPER- 1 ATIONS. 2 (a) IN GENERAL.—Out of any funds in the Treasury 3 not otherwise appropriated, there is appropriated to the 4 Secretary of Agriculture $18,044,000 for ‘‘Watershed and 5 Flood Prevention Operations’’ in Puerto Rico and the Vir- 6 gin Islands, of which $9,022,000 shall be for necessary 7 expenses to purchase and restore floodplain easements as 8 authorized by section 403 of the Agricultural Credit Act 9 of 1978 (16 U.S.C. 2203). 10 (b) REQUIREMENT.—Funds appropriated under sub- 11 section (a) shall be allocated to projects that can be fully 12 funded and completed with the funds appropriated by this 13 Act and to activities that can commence promptly after 14 the date of enactment of this Act. 15 SEC. 406. COMMUNITY FACILITIES GRANTS. 16 Section 306(a) of the Consolidated Farm and Rural 17 Development Act (7 U.S.C. 1926(a)) is amended by add- 18 ing at the end the following: 19 ‘‘(27) PRIORITY FOR GRANTS FOR ESSENTIAL 20 COMMUNITY FACILITIES DAMAGED DUE TO HURRI- 21 CANE OR SEVERE WIND.—To the maximum extent 22 practicable, in providing community facility grants 23 under paragraphs (19), (20), and (21), the Sec- 24 retary shall give priority to applicants that would 25 use the grant— 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 76 •S 2165 IS ‘‘(A) to rebuild essential community facili- 1 ties in the Commonwealth of Puerto Rico or the 2 United States Virgin Islands that were dam- 3 aged or destroyed due to a hurricane or severe 4 wind; or 5 ‘‘(B) to construct essential community fa- 6 cilities in the Commonwealth of Puerto Rico or 7 the United States Virgin Islands to improve 8 food security and food independence in an area 9 that was damaged by a hurricane or severe 10 wind.’’. 11 SEC. 407. WAIVER OF NONINSURED CROP DISASTER AS- 12 SISTANCE PROGRAM SERVICE FEE. 13 Section 196(k)(2) of the Federal Agriculture Im- 14 provement and Reform Act of 1996 (7 U.S.C. 7333(k)(2)) 15 is amended by striking ‘‘paragraph (1) in the case of’’ and 16 inserting the following: ‘‘paragraph (1)— 17 ‘‘(A) to the maximum extent practicable, in 18 the case of a county located in— 19 ‘‘(i) the Commonwealth of Puerto 20 Rico; or 21 ‘‘(ii) the United States Virgin Islands; 22 and 23 ‘‘(B) in the case of’’. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 77 •S 2165 IS SEC. 408. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 1 Section 25 of the Food and Nutrition Act of 2008 2 (7 U.S.C. 2034) is amended— 3 (1) in subsection (b), by adding at the end the 4 following: 5 ‘‘(3) CERTAIN HURRICANE RECOVERY 6 PROJECTS.—For each of fiscal years 2018 through 7 2027, not less than 10 percent of the amount of 8 grants under this section shall be made available for 9 grants for community food projects described in sub- 10 section (d)(6).’’; 11 (2) in subsection (d)— 12 (A) in paragraph (4), by striking ‘‘or’’ at 13 the end; 14 (B) in paragraph (5)(C), by striking the 15 period at the end and inserting ‘‘; or’’; and 16 (C) by adding at the end the following: 17 ‘‘(6) for each of fiscal years 2018 through 18 2027, assist communities affected by hurricanes and 19 severe wind.’’; and 20 (3) in subsection (e)— 21 (A) in paragraph (1), by striking ‘‘The 22 Federal’’ and inserting ‘‘Except as provided in 23 paragraph (4), the Federal’’; and 24 (B) by adding at the end the following: 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 78 •S 2165 IS ‘‘(4) CERTAIN HURRICANE RECOVERY 1 PROJECTS.—For each of fiscal years 2018 through 2 2027, in the case of a community food project de- 3 scribed in subsection (d)(6), the Federal share de- 4 scribed in paragraph (1) shall be 100 percent.’’. 5 SEC. 409. PARTICIPATION OF PUERTO RICO, AMERICAN 6 SAMOA, AND THE NORTHERN MARIANA IS- 7 LANDS IN SUPPLEMENTAL NUTRITION AS- 8 SISTANCE PROGRAM. 9 (a) IN GENERAL.— 10 (1) DEFINITIONS.—Section 3 of the Food and 11 Nutrition Act of 2008 (7 U.S.C. 2012) is amend- 12 ed— 13 (A) in subsection (r), by inserting ‘‘the 14 Commonwealth of Puerto Rico, American 15 Samoa, the Commonwealth of the Northern 16 Mariana Islands,’’ after ‘‘Guam,’’; and 17 (B) in subsection (u)(3), by inserting ‘‘the 18 Commonwealth of Puerto Rico, American 19 Samoa, the Commonwealth of the Northern 20 Mariana Islands,’’ after ‘‘Guam,’’. 21 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 22 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 23 amended— 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 79 •S 2165 IS (A) in subsection (b), in the first sentence, 1 by inserting ‘‘the Commonwealth of Puerto 2 Rico, American Samoa, the Commonwealth of 3 the Northern Mariana Islands,’’ after ‘‘Guam,’’; 4 (B) in subsection (c)(1), by striking ‘‘and 5 Guam,’’ and inserting ‘‘Guam, the Common- 6 wealth of Puerto Rico, American Samoa, and 7 the Commonwealth of the Northern Mariana Is- 8 lands,’’; and 9 (C) in subsection (e)— 10 (i) in paragraph (1)(A), by inserting 11 ‘‘the Commonwealth of Puerto Rico, Amer- 12 ican Samoa, the Commonwealth of the 13 Northern Mariana Islands,’’ after ‘‘Ha- 14 waii,’’ each place it appears; and 15 (ii) in paragraph (6)(B), by inserting 16 ‘‘the Commonwealth of Puerto Rico, Amer- 17 ican Samoa, the Commonwealth of the 18 Northern Mariana Islands,’’ after 19 ‘‘Guam,’’. 20 (3) EFFECTIVE DATE.— 21 (A) IN GENERAL.—The amendments made 22 by this subsection shall be effective with respect 23 to Puerto Rico, American Samoa, or the Com- 24 monwealth of the Northern Mariana Islands, as 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 80 •S 2165 IS applicable, on the date described in subpara- 1 graph (B) if the Secretary of Agriculture sub- 2 mits to Congress a certification under sub- 3 section (f)(3) of section 19 of the Food and Nu- 4 trition Act of 2008 (7 U.S.C. 2028). 5 (B) DATE DESCRIBED.—The date referred 6 to in subparagraph (A) is, with respect to Puer- 7 to Rico, American Samoa, or the Common- 8 wealth of the Northern Mariana Islands, the 9 date established by Puerto Rico, American 10 Samoa, or the Commonwealth of the Northern 11 Mariana Islands, respectively, in the applicable 12 plan of operation submitted to the Secretary of 13 Agriculture under subsection (f)(1)(A) of sec- 14 tion 19 of the Food and Nutrition Act of 2008 15 (7 U.S.C. 2028). 16 (b) TRANSITION.—Section 19 of the Food and Nutri- 17 tion Act of 2008 (7 U.S.C. 2028) is amended by adding 18 at the end the following: 19 ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN 20 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP- 21 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 22 ‘‘(1) SUBMISSION OF PLAN BY PUERTO RICO, 23 AMERICAN SAMOA, AND THE NORTHERN MARIANA 24 ISLANDS.— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 81 •S 2165 IS ‘‘(A) SUBMISSION AND REVIEW OF PLAN 1 OF OPERATION.—If a State agency is des- 2 ignated by a governmental entity and submits 3 to the Secretary a request to participate in the 4 supplemental nutrition assistance program and 5 a plan of operation under section 11 (including 6 a date on which the governmental entity will 7 begin to participate in the supplemental nutri- 8 tion assistance program), the Secretary shall 9 determine whether that governmental entity 10 and State agency satisfy the requirements that 11 would apply under this Act for approval of that 12 plan if the governmental entity were one of the 13 several States. 14 ‘‘(B) DETERMINATION BY SECRETARY.— 15 ‘‘(i) APPROVAL.—The Secretary shall 16 approve a plan of operation under subpara- 17 graph (A) if the governmental entity and 18 State agency satisfy the requirements de- 19 scribed in that subparagraph. 20 ‘‘(ii) DISAPPROVAL.—If the Secretary 21 does not approve a plan of operation under 22 subparagraph (A), the Secretary shall pro- 23 vide to the governmental entity a state- 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 82 •S 2165 IS ment that describes each requirement that 1 is not satisfied by the plan. 2 ‘‘(2) APPROVAL OF RETAIL FOOD STORES.—If 3 the Secretary approves a plan of operation under 4 paragraph (1)(B)(i), the Secretary shall accept from 5 retail food stores located in the applicable govern- 6 mental entity applications under section 9 for ap- 7 proval to participate in the supplemental nutrition 8 assistance program. 9 ‘‘(3) SUBMISSION OF CERTIFICATION TO CON- 10 GRESS.—The Secretary shall submit to Congress a 11 certification that a governmental entity qualifies to 12 participate in the supplemental nutrition assistance 13 program as if the governmental entity were a State 14 if the Secretary— 15 ‘‘(A) approves the plan of operation under 16 paragraph (1)(B)(i); and 17 ‘‘(B) approves the applications under para- 18 graph (2) of a number of retail food stores lo- 19 cated in the governmental entity requesting to 20 participate in the supplemental nutrition assist- 21 ance program that would be sufficient to satisfy 22 the requirements of this Act if the govern- 23 mental entity were one of the several States. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 83 •S 2165 IS ‘‘(4) CASH BENEFITS PROVIDED IN PUERTO 1 RICO.—As part of a plan of operation submitted 2 under paragraph (1)(A), the Secretary shall allow 3 the Commonwealth of Puerto Rico to provide a per- 4 centage of benefits under the supplemental nutrition 5 assistance program in the form of cash. 6 ‘‘(5) FAMILY MARKET PROGRAM IN PUERTO 7 RICO.—As part of a plan of operation submitted 8 under paragraph (1)(A), notwithstanding subsection 9 (g), the Secretary shall allow the Commonwealth of 10 Puerto Rico to continue to carry out, under the sup- 11 plemental nutrition assistance program, the Family 12 Market Program established under this section. 13 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 14 There are authorized to be appropriated to the Sec- 15 retary to carry out this subsection and the amend- 16 ments made by section 408(a) of the Puerto Rico 17 and Virgin Islands Equitable Rebuild Act of 2017 18 such sums as are necessary for fiscal year 2018, to 19 remain available until expended. 20 ‘‘(g) TERMINATION OF EFFECTIVENESS.— 21 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 22 shall cease to be effective with respect to the Com- 23 monwealth of Puerto Rico, American Samoa, or the 24 Commonwealth of the Northern Mariana Islands, as 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 84 •S 2165 IS applicable, on the date described in paragraph (2) if 1 the Secretary submits to Congress a certification 2 under subsection (f)(3). 3 ‘‘(2) DATE DESCRIBED.—The date referred to 4 in paragraph (1) is, with respect to the Common- 5 wealth of Puerto Rico, American Samoa, the Com- 6 monwealth of the Northern Mariana Islands, the 7 date established by the Commonwealth of Puerto 8 Rico, American Samoa, or the Commonwealth of the 9 Northern Mariana Islands, respectively, in the appli- 10 cable plan of operation submitted to the Secretary 11 under subsection (f)(1)(A).’’. 12 SEC. 410. PAYMENT LIMITATIONS FOR CERTAIN PRO- 13 DUCERS IN DISASTER AREAS. 14 (a) SUPPLEMENTAL AGRICULTURAL DISASTER AS- 15 SISTANCE.—Section 1501 of the Agricultural Act of 2014 16 (7 U.S.C. 9081) is amended— 17 (1) in subsection (a)— 18 (A) by redesignating paragraphs (1), (2), 19 (3), and (4) as paragraphs (2), (3), (4), and 20 (6), respectively; 21 (B) by inserting before paragraph (2) (as 22 so redesignated) the following: 23 ‘‘(1) DISASTER COUNTY.—The term ‘disaster 24 county’ means a county included in the geographical 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 85 •S 2165 IS area covered by a qualifying natural disaster dec- 1 laration for calendar year 2017 for which the re- 2 quest for that declaration was submitted during the 3 period beginning on January 1, 2017, and ending on 4 the date of enactment of the Puerto Rico and Virgin 5 Islands Equitable Rebuild Act of 2017.’’; and 6 (C) by inserting after paragraph (4) (as so 7 redesignated) the following: 8 ‘‘(5) QUALIFYING NATURAL DISASTER DEC- 9 LARATION.—The term ‘qualifying natural disaster 10 declaration’ means— 11 ‘‘(A) a natural disaster declared by the 12 Secretary under section 321(a) of the Consoli- 13 dated Farm and Rural Development Act (7 14 U.S.C. 1961(a)); or 15 ‘‘(B) a major disaster or emergency des- 16 ignated by the President under the Robert T. 17 Stafford Disaster Relief and Emergency Assist- 18 ance Act (42 U.S.C. 5121 et seq.).’’; 19 (2) in subsection (e)(4)(B)— 20 (A) by striking ‘‘The total’’ and inserting 21 the following: 22 ‘‘(i) IN GENERAL.—Subject to clause 23 (ii), the total’’; and 24 (B) by adding at the end the following: 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 86 •S 2165 IS ‘‘(ii) CERTAIN PRODUCERS IN DIS- 1 ASTER COUNTIES.—The total amount of 2 payments received, directly or indirectly, 3 by a person or legal entity (excluding a 4 joint venture or general partnership) in a 5 disaster county under this subsection may 6 not exceed $625,000 for the period of the 7 2017 through 2022 crop years.’’; 8 (3) in subsection (f)(2)— 9 (A) by striking ‘‘The total’’ and inserting 10 the following: 11 ‘‘(A) IN GENERAL.—Subject to subpara- 12 graph (B), the total’’; and 13 (B) by adding at the end the following: 14 ‘‘(B) CERTAIN PRODUCERS IN DISASTER 15 COUNTIES.— 16 ‘‘(i) LIVESTOCK INDEMNITY PAY- 17 MENTS AND EMERGENCY ASSISTANCE FOR 18 LIVESTOCK, HONEY BEES, AND FARM- 19 RAISED FISH.—The total amount of pay- 20 ments received, directly or indirectly, by a 21 person or legal entity (excluding a joint 22 venture or general partnership) in a dis- 23 aster county under subsections (b) and (d) 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 87 •S 2165 IS may not exceed $625,000 for the period of 1 the 2017 through 2022 crop years. 2 ‘‘(ii) LIVESTOCK FORAGE DISASTER 3 PROGRAM.—Payments to a person or legal 4 entity (excluding a joint venture or general 5 partnership) in a disaster county under 6 subsection (c) shall be subject to subpara- 7 graph (A).’’. 8 (b) NONINSURED CROP ASSISTANCE PROGRAM.— 9 Section 196(i) of the Federal Agriculture Improvement 10 and Reform Act of 1996 (7 U.S.C. 7333(i)) is amended— 11 (1) in paragraph (1)— 12 (A) by striking ‘‘subsection, the’’ and in- 13 serting the following ‘‘subsection: 14 ‘‘(A) DISASTER COUNTY.—The term ‘dis- 15 aster county’ means a county included in the 16 geographical area covered by a qualifying nat- 17 ural disaster declaration for calendar year 2017 18 for which the request for that declaration was 19 submitted during the period beginning on Janu- 20 ary 1, 2017, and ending on the date of enact- 21 ment of the Puerto Rico and Virgin Islands Eq- 22 uitable Rebuild Act of 2017. 23 ‘‘(B) LEGAL ENTITY; PERSON.—The’’; and 24 (B) by adding at the end the following: 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 88 •S 2165 IS ‘‘(C) QUALIFYING NATURAL DISASTER 1 DECLARATION.—The term ‘qualifying natural 2 disaster declaration’ means— 3 ‘‘(i) a natural disaster declared by the 4 Secretary under section 321(a) of the Con- 5 solidated Farm and Rural Development 6 Act (7 U.S.C. 1961(a)); or 7 ‘‘(ii) a major disaster or emergency 8 designated by the President under the 9 Robert T. Stafford Disaster Relief and 10 Emergency Assistance Act (42 U.S.C. 11 5121 et seq.).’’; and 12 (2) in paragraph (2)— 13 (A) by striking ‘‘The total’’ and inserting 14 the following: 15 ‘‘(A) IN GENERAL.—Subject to subpara- 16 graph (B), the total’’; and 17 (B) by adding at the end the following: 18 ‘‘(B) CERTAIN PRODUCERS IN DISASTER 19 COUNTIES.—The total amount of payments re- 20 ceived, directly or indirectly, by a person or 21 legal entity (excluding a joint venture or gen- 22 eral partnership) in a disaster county under 23 this subsection may not exceed $625,000 for 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 89 •S 2165 IS the period of the 2017 through 2022 crop 1 years.’’. 2 SEC. 411. TREATMENT OF CERTAIN PRODUCERS AS SO- 3 CIALLY DISADVANTAGED FARMERS AND 4 RANCHERS. 5 Section 2501 of the Food, Agriculture, Conservation, 6 and Trade Act of 1990 (7 U.S.C. 2279) is amended by 7 adding at the end the following: 8 ‘‘(j) TREATMENT OF CERTAIN PRODUCERS.—For 9 purposes of administering any grant program and con- 10 servation program of the Department of Agriculture, the 11 Secretary shall consider an agricultural producer oper- 12 ating in the Commonwealth of Puerto Rico, the United 13 States Virgin Islands, or both, to be a socially disadvan- 14 taged farmer or rancher.’’. 15 SEC. 412. EMERGENCY WATERSHED PROTECTION PRO- 16 GRAM. 17 Section 403 of the Agricultural Credit Act of 1978 18 (16 U.S.C. 2203) is amended by adding at the end the 19 following: 20 ‘‘(c) FEDERAL SHARE.—For each of fiscal years 21 2018 through 2022, the Federal share of the cost of any 22 emergency measure under this section or section 7 of the 23 Act of June 28, 1938 (33 U.S.C. 701b–1), in the Com- 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 90 •S 2165 IS monwealth of Puerto Rico or the United States Virgin Is- 1 lands shall be 100 percent.’’. 2 SEC. 413. EMERGENCY FOREST RESTORATION PROGRAM. 3 Section 407(d) of the Agricultural Credit Act of 1978 4 (16 U.S.C. 2206(d)) is amended— 5 (1) by striking ‘‘Payments’’ and inserting the 6 following: 7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 8 payments’’; and 9 (2) by adding at the end the following: 10 ‘‘(2) PUERTO RICO AND VIRGIN ISLANDS.—For 11 each of fiscal years 2018 through 2022, payments 12 made under subsection (b) shall be 100 percent of 13 the total cost of the emergency measures carried out 14 by an owner of nonindustrial private forest land in 15 the Commonwealth of Puerto Rico or the United 16 States Virgin Islands.’’. 17 SEC. 414. TREATMENT OF CERTAIN PRODUCERS AS LIM- 18 ITED RESOURCE PRODUCERS. 19 Title IV of the Agricultural Credit Act of 1978 (16 20 U.S.C. 2201 et seq.) is amended by adding at the end 21 the following: 22 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 91 •S 2165 IS ‘‘SEC. 408. TREATMENT OF CERTAIN PRODUCERS AS LIM- 1 ITED RESOURCE PRODUCERS. 2 ‘‘In carrying out sections 401 and 402, the Secretary 3 shall consider an agricultural producer operating in the 4 Commonwealth of Puerto Rico, the United States Virgin 5 Islands, or both to be a limited resource producer, as de- 6 termined by the Secretary.’’. 7 SEC. 415. RETROACTIVE AVAILABILITY OF CATASTROPHIC 8 LEVEL OF PROTECTION UNDER NONINSURED 9 CROP ASSISTANCE PROGRAM. 10 Section 196 of the Federal Agriculture Improvement 11 and Reform Act of 1996 (7 U.S.C. 7333) is amended by 12 adding at the end the following: 13 ‘‘(m) RETROACTIVE AVAILABILITY FOR CERTAIN 14 PRODUCERS.— 15 ‘‘(1) IN GENERAL.—Beginning on the date of 16 enactment of this subsection, the Secretary shall 17 retroactively make available to producers in disaster 18 counties (as defined in subsection (i)(1)) in the 19 Commonwealth of Puerto Rico and the United 20 States Virgin Islands the catastrophic level of pro- 21 tection under this section for the 2017 crop year. 22 ‘‘(2) APPLICATION.—A producer desiring assist- 23 ance under paragraph (1) shall submit to the Sec- 24 retary an application for the assistance not later 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 92 •S 2165 IS than 180 days after the date of enactment of this 1 subsection.’’. 2 SEC. 416. DISTRIBUTION OF FUNDS MADE AVAILABLE FOR 3 EQUIPMENT ASSISTANCE GRANTS UNDER 4 THE NATIONAL SCHOOL LUNCH ACT TO 5 PUERTO RICO AND THE VIRGIN ISLANDS. 6 The matter under the heading ‘‘CHILD NUTRITION 7 PROGRAMS’’ of title IV of division A of the Consolidated 8 Appropriations Act, 2017 (Public Law 115–31), is amend- 9 ed by inserting before the period at the end the following: 10 ‘‘Provided further, That any amounts made available 11 under this heading to provide competitive grants to State 12 agencies for subgrants to local educational agencies and 13 schools to purchase the equipment needed to serve 14 healthier meals, improve food safety, or to help support 15 the establishment, maintenance, or expansion of the school 16 breakfast program that remain unexpended on the date 17 of enactment of the Puerto Rico and Virgin Islands Equi- 18 table Rebuild Act of 2017 shall be distributed to State 19 agencies in Puerto Rico and the Virgin Islands for those 20 purposes’’. 21 SEC. 417. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 22 FOR WOMEN, INFANTS, AND CHILDREN. 23 (a) IN GENERAL.—Out of any funds in the Treasury 24 not otherwise appropriated, there is appropriated to the 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 93 •S 2165 IS Secretary of Agriculture $14,000,000 to make grants to 1 States (as defined in section 15 of the Child Nutrition Act 2 of 1966 (42 U.S.C. 1784)) for the purposes described in 3 section 17(h)(10) of that Act (42 U.S.C. 1786(h)(10)) in 4 response to covered disasters. 5 (b) REQUIREMENT.—The amount appropriated 6 under subsection (a)— 7 (1) shall remain available for obligation until 8 September 30, 2019; 9 (2) shall be in addition to amounts otherwise 10 made available to carry out section 17(h)(10) of the 11 Child Nutrition Act of 1966 (42 U.S.C. 12 1786(h)(10)); and 13 (3) is designated by the Congress as being for 14 an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emer- 16 gency Deficit Control Act of 1985 (2 U.S.C. 17 901(b)(2)(A)(i)). 18 SEC. 418. DEADLINE FOR APPLICATION SUBMISSION. 19 Any applicant desiring a grant or other assistance 20 under this title or an amendment made by this title shall 21 submit an application for the grant or other assistance by 22 not later than 180 days after the date of enactment of 23 this Act. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 94 •S 2165 IS SEC. 419. LIMIT ON PRIVATIZATION. 1 No service, assistance, or benefit provided or struc- 2 ture, facility, system, means of transportation, or other 3 infrastructure built, rehabilitated, repaired, restored, im- 4 proved, expanded, or carried out using amounts made 5 available under this title or the amendments made by this 6 title may be transferred to the ownership and control of 7 a private individual or entity. 8 TITLE V—VETERANS AFFAIRS 9 SEC. 501. 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 (3) the provision of emergency services by the 25 Department in Puerto Rico and the Virgin Islands. 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 95 •S 2165 IS SEC. 502. LIMITATION ON PRIVATIZATION. 1 No service provided or structure, facility, system, 2 means of transportation, or other infrastructure built, re- 3 habilitated, repaired, restored, improved, expanded, or 4 carried out using amounts made available under this title 5 may be transferred to the ownership and control of a pri- 6 vate individual or entity. 7 TITLE VI—EDUCATION 8 RECOVERY 9 Subtitle A—Educational Assistance 10 Funds 11 SEC. 601. EDUCATION AND HEAD START FUNDING. 12 (a) DEPARTMENT OF EDUCATION FUNDING.—The 13 following sums are appropriated, out of any money in the 14 Treasury not otherwise appropriated, to address Hurri- 15 cane Irma and Hurricane Maria for the fiscal year ending 16 September 30, 2018, and for other purposes, namely for 17 assisting in meeting the educational needs of individuals 18 affected by a covered disaster in calendar year 2017: 19 (1) $3,157,000,000, to remain available 20 through September 30, 2018, of which— 21 (A) $930,000,000 shall be available to 22 State educational agencies until expended to 23 carry out section 612; 24 (B) $5,000,000 shall be available to carry 25 out section 616; and 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 96 •S 2165 IS (C) $1,100,000,000 shall be available to 1 carry out section 617. 2 (2) $2,000,000, to remain available until ex- 3 pended, shall be available for the Project SERV pro- 4 gram under section 4631(a)(1)(A) of the Elementary 5 and Secondary Education Act of 1965 (20 U.S.C. 6 7281(a)(1)(A)) to provide education-related services, 7 which may include student counseling, to eligible en- 8 tities in which the learning environment has been 9 disrupted by a traumatic crisis due to the needs of 10 students who have been affected by a covered dis- 11 aster, including eligible entities serving significant 12 numbers of students who have been displaced from 13 Puerto Rico and the Virgin Islands. 14 (3) $310,000,000, to remain available through 15 September 30, 2018, shall be available— 16 (A) to provide assistance under the pro- 17 grams authorized by subparts 3 and 4 of part 18 A and part C of title IV, and part B of title VII 19 of the Higher Education Act of 1965, for stu- 20 dents attending institutions of higher education 21 (as defined in section 102 of that Act) that are 22 located in a covered disaster area and who qual- 23 ify for assistance under subparts 3 and 4 of 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 97 •S 2165 IS part A and part C of title IV of the Higher 1 Education Act of 1965, of which— 2 (i) funds shall be made available to 3 provide assistance under such title IV pro- 4 grams notwithstanding any requirements 5 relating to matching, Federal share, res- 6 ervation of funds, or maintenance of effort 7 that would otherwise be applicable to that 8 assistance; and 9 (ii) funds shall be made available to 10 provide emergency assistance based on 11 demonstrated need under part B of title 12 VII of the Higher Education Act of 1965, 13 which may be used for student financial 14 assistance, faculty and staff salaries, 15 equipment and instruments, or any pur- 16 pose authorized under the Higher Edu- 17 cation Act of 1965, to institutions of high- 18 er education that are located in an area af- 19 fected by Hurricane Irma or Hurricane 20 Maria in calendar year 2017; 21 (B) to provide emergency assistance based 22 on demonstrated need to institutions of higher 23 education that are located in an area affected 24 by Hurricane Irma and Hurricane Maria in cal- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 98 •S 2165 IS endar year 2017 and were forced to close, relo- 1 cate or significantly curtail their activities as a 2 result of damage directly sustained by such 3 hurricanes; and 4 (C) to provide payments to institutions of 5 higher education to help defray the unexpected 6 expenses associated with enrolling displaced 7 students from institutions of higher education 8 directly affected or at which operations have 9 been disrupted due to Hurricane Irma or Hur- 10 ricane Maria in calendar year 2017, in accord- 11 ance with criteria as are established by the Sec- 12 retary and made publicly available without re- 13 gard to section 437 of the General Education 14 Provisions Act or section 553 of title 5, United 15 States Code. 16 (b) HEAD START FUNDING.—There are appro- 17 priated, out of any money in the Treasury not otherwise 18 appropriated, $810,000,000, for an additional amount for 19 the appropriations account appropriated under the head- 20 ing ‘‘CHILDREN AND FAMILIES SERVICES PROGRAMS’’, for 21 Head Start to serve children displaced by Hurricane Irma 22 or Hurricane Maria in calendar year 2017, notwith- 23 standing subsections (a)(1) and (g)(1) of section 640 of 24 the Head Start Act (42 U.S.C. 9835), and to cover the 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 99 •S 2165 IS costs of renovating those Head Start facilities which were 1 affected by these hurricanes, to the extent reimbursements 2 from the Federal Emergency Management Agency and in- 3 surance companies do not fully cover such costs: Provided, 4 That of the amount provided under this heading, 5 $800,000,000 shall be available for Head Start programs 6 in Puerto Rico and $10,000,000 shall be available for 7 Head Start programs in the Virgin Islands. 8 Subtitle B—Elementary and Sec- 9 ondary Education Disaster Re- 10 lief 11 SEC. 611. DEFINITIONS. 12 Unless otherwise specified in this subtitle— 13 (1) the terms used in this subtitle have the 14 meanings given the terms in section 8101 of the Ele- 15 mentary and Secondary Education Act of 1965 (20 16 U.S.C. 7801); 17 (2) the terms ‘‘child with a disability’’ and ‘‘in- 18 fant or toddler with a disability’’ have the meanings 19 given those terms in section 602 of the Individuals 20 with Disabilities Education Act (20 U.S.C. 1401); 21 and 22 (3) the term ‘‘Secretary’’ means the Secretary 23 of Education. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 100 •S 2165 IS SEC. 612. IMMEDIATE AID TO RESTART SCHOOL OPER- 1 ATIONS. 2 (a) PURPOSE.—It is the purpose of this section— 3 (1) to provide immediate services or assistance 4 to local educational agencies in Puerto Rico and the 5 Virgin Islands that serve a covered disaster area; 6 and 7 (2) to assist school administrators and per- 8 sonnel of such agencies with expenses related to the 9 restart of operations in, the re-opening of, and the 10 re-enrollment of students in, elementary schools and 11 secondary schools in such areas. 12 (b) PAYMENTS AUTHORIZED.— 13 (1) IN GENERAL.—From amounts appropriated 14 to carry out this subtitle, the Secretary is authorized 15 to make payments, in accordance with paragraph 16 (2), to State educational agencies in Puerto Rico 17 and the Virgin Islands to enable such agencies to 18 provide services or assistance to local educational 19 agencies serving a covered disaster area. 20 (2) PAYMENT BASIS.—The Secretary shall 21 make payments under paragraph (1) on such basis 22 as the Secretary determines appropriate, taking into 23 consideration the number of students who were en- 24 rolled, during the 2015–2016 school year, in elemen- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 101 •S 2165 IS tary schools and secondary schools that were 1 closed— 2 (A) on September 7, 2017, as a result of 3 Hurricane Irma; or 4 (B) on September 20, 2017, as a result of 5 Hurricane Maria. 6 (c) ELIGIBILITY AND CONSIDERATION.—From the 7 payment provided by the Secretary under subsection (b), 8 the State educational agency shall provide services and as- 9 sistance to local educational agencies, consistent with the 10 provisions of this section. In determining the amount to 11 be provided for services or assistance under this section, 12 the State educational agency shall consider the following: 13 (1) The number of school-aged children served 14 by the local educational agency in the academic year 15 preceding the academic year for which the services 16 or assistance are provided. 17 (2) The severity of the impact of Hurricane 18 Irma or Hurricane Maria on the local educational 19 agency and the extent of the needs in each local edu- 20 cational agency in a covered disaster area. 21 (d) APPLICATIONS.—Each local educational agency 22 desiring services or assistance under this section shall sub- 23 mit an application to the State educational agency at such 24 time, in such manner, and accompanied by such informa- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 102 •S 2165 IS tion as the State educational agency may reasonably re- 1 quire to ensure expedited and timely provision of services 2 or assistance to the local educational agency. 3 (e) USES OF FUNDS.— 4 (1) IN GENERAL.—A local educational agency 5 receiving services or assistance from the State edu- 6 cational agency under this section shall use such 7 services or assistance for— 8 (A) recovery of student and personnel 9 data, and other electronic information; 10 (B) replacement of school district informa- 11 tion systems, including hardware and software; 12 (C) financial operations; 13 (D) reasonable transportation costs; 14 (E) rental of mobile educational units and 15 leasing of neutral sites or spaces; 16 (F) initial replacement of instructional ma- 17 terials and equipment, including textbooks; 18 (G) redeveloping instructional plans, in- 19 cluding curriculum development; 20 (H) initiating and maintaining education 21 and support services; and 22 (I) such other activities related to the pur- 23 pose of this section that are approved by the 24 Secretary. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 103 •S 2165 IS (2) USE WITH OTHER AVAILABLE FUNDS.—A 1 local educational agency receiving services or assist- 2 ance under this section may use such services or as- 3 sistance in coordination with other Federal, State, or 4 local funds available for the activities described in 5 paragraph (1). 6 (f) SUPPLEMENT NOT SUPPLANT.— 7 (1) IN GENERAL.—Except as provided in para- 8 graph (2), services or assistance made available 9 under this section shall be used to supplement, not 10 supplant, any funds made available through the Fed- 11 eral Emergency Management Agency or through 12 Puerto Rico or the Virgin Islands. 13 (2) EXCEPTION.—Paragraph (1) shall not pro- 14 hibit the provision of Federal assistance under this 15 section to an eligible State educational agency or 16 local educational agency that is or may be entitled 17 to receive, from another source, benefits for the 18 same purposes as under this section if— 19 (A) such State educational agency or local 20 educational agency has not received such other 21 benefits by the time of application for Federal 22 assistance under this section; and 23 (B) such State educational agency or local 24 educational agency agrees to repay all duplica- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 104 •S 2165 IS tive Federal assistance received to carry out the 1 purposes of this section. 2 SEC. 613. 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. 614. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 105 •S 2165 IS (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. 615. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 106 •S 2165 IS (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. 616. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 107 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 108 •S 2165 IS (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. 617. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 109 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 110 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 111 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 112 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 113 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 114 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 115 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 116 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 117 •S 2165 IS (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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 118 •S 2165 IS 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 119 •S 2165 IS 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. 618. 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 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 120 •S 2165 IS 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. 619. ANTI-PRIVATIZATION REQUIREMENT. 5 Notwithstanding any provision of this title or any 6 other law, Puerto Rico or the Virgin Islands shall, in order 7 to be eligible for any funds made available under para- 8 graph (1) or (2) of section 601(a), provide the Secretary 9 with an assurance that there will not be any changes in 10 the governmental structure of the public elementary 11 schools and secondary schools of any local educational 12 agency that receives funds under this title for each fiscal 13 year that the local educational agency receives funds under 14 this title, and for the 3-year period following such fiscal 15 year. 16 SEC. 620. AUTHORIZATION OF FUNDS. 17 There are authorized to be appropriated such sums 18 as may be necessary to carry out sections 612, 616, and 19 617. 20 SEC. 621. SUNSET PROVISION. 21 Except as provided in section 615, the provisions of 22 this subtitle shall be effective for the period beginning on 23 the date of enactment of this Act and ending on August 24 1, 2018. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 121 •S 2165 IS Subtitle C—Higher Education 1 Disaster Relief 2 SEC. 631. DEFINITIONS. 3 In this subtitle: 4 (1) AFFECTED INDIVIDUAL.—The term ‘‘af- 5 fected individual’’ means an individual who has ap- 6 plied for or received student financial assistance 7 under title IV of the Higher Education Act of 1965 8 (20 U.S.C. 1070 et seq.) and— 9 (A) who is an affected student; or 10 (B) whose primary place of employment or 11 residency was— 12 (i) as of September 5, 2017, in a cov- 13 ered disaster area due to Hurricane Irma; 14 or 15 (ii) as of September 16, 2017, in a 16 covered disaster area due to Hurricane 17 Maria. 18 (2) AFFECTED INSTITUTION.— 19 (A) IN GENERAL.—The term ‘‘affected in- 20 stitution’’ means an institution of higher edu- 21 cation that— 22 (i) is located in an area affected by a 23 covered disaster; and 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 122 •S 2165 IS (ii) has temporarily ceased operations 1 as a consequence of a covered disaster, as 2 determined by the Secretary. 3 (B) LENGTH OF TIME.—In determining 4 eligibility for assistance under this subtitle, the 5 Secretary, using consistent, objective criteria, 6 shall determine the time period for which an in- 7 stitution of higher education is an affected in- 8 stitution. 9 (C) SPECIAL RULE.—An organizational 10 unit of an affected institution that is not im- 11 pacted by a covered disaster shall not be consid- 12 ered as part of such affected institution for pur- 13 poses of receiving assistance under this subtitle. 14 (3) AFFECTED STUDENT.—The term ‘‘affected 15 student’’ means an individual who was enrolled or 16 accepted for enrollment on— 17 (A) September 5, 2017, at an affected in- 18 stitution that closed due to Hurricane Irma; or 19 (B) September 16, 2017, at an affected in- 20 stitution that closed due to Hurricane Maria. 21 (4) CANCELLED ENROLLMENT PERIOD.—The 22 term ‘‘cancelled enrollment period’’ means any pe- 23 riod of enrollment at an affected institution during 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 123 •S 2165 IS the academic year 2017–2018, during which stu- 1 dents were unable to attend such institution. 2 (5) INSTITUTION OF HIGHER EDUCATION.—The 3 term ‘‘institution of higher education’’ means— 4 (A) an institution covered by the definition 5 of such term in section 101 of the Higher Edu- 6 cation Act of 1965 (20 U.S.C. 1001); and 7 (B) an institution described in subpara- 8 graph (A) or (B) of section 102(a)(1) of such 9 Act (20 U.S.C. 1002(a)(1)(A), (B)). 10 (6) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Education. 12 SEC. 632. GENERAL WAIVERS AND MODIFICATIONS. 13 (a) AUTHORITY.—Notwithstanding any other provi- 14 sion of law, unless enacted with specific reference to this 15 section, the Secretary is authorized to waive or modify any 16 statutory or regulatory provision described in section 17 2(a)(2) of the Higher Education Relief Opportunities for 18 Students Act of 2003 (20 U.S.C. 1098bb(a)(2)) to ensure 19 that— 20 (1) administrative requirements placed on af- 21 fected students, affected individuals, affected institu- 22 tions, lenders, guaranty agencies, and grantees are 23 minimized to the extent possible without impairing 24 the integrity of the higher education programs under 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 124 •S 2165 IS the Higher Education Act of 1965, to ease the bur- 1 den on such participants; or 2 (2) institutions of higher education, lenders, 3 guaranty agencies, and other entities participating in 4 the student financial assistance programs under title 5 IV of the Higher Education Act of 1965, that serve 6 a covered disaster area may be granted temporary 7 relief from requirements that are rendered infeasible 8 or unreasonable due to the effects of a covered dis- 9 aster, including due diligence requirements and re- 10 porting deadlines. 11 (b) AUTHORITY TO EXTEND OR WAIVE REPORTING 12 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 13 is authorized to extend reporting deadlines or waive re- 14 porting requirements under section 131(a) of the Higher 15 Education Act of 1965 (20 U.S.C. 1015(a)) for an af- 16 fected institution. 17 (c) CONSTRUCTION.—Nothing in this subtitle shall be 18 construed— 19 (1) to allow the Secretary to waive or modify 20 any applicable statutory or regulatory requirements 21 prohibiting discrimination in a program or activity, 22 or in employment or contracting, under existing law 23 (in existence on the date of the Secretary’s action); 24 or 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 125 •S 2165 IS (2) to authorize any refunding of any repay- 1 ment of a loan. 2 SEC. 633. MODIFICATION OF PART A OF TITLE II GRANTS 3 AUTHORIZED. 4 The Secretary is authorized to approve modifications 5 to the requirements for Teacher Quality Enhancement 6 Grants for States and Partnerships under part A of title 7 II of the Higher Education Act of 1965 (20 U.S.C. 1022 8 et seq.), at the request of the grantee— 9 (1) to assist States and local educational agen- 10 cies to recruit and retain highly qualified teachers in 11 a school district located in a covered disaster area; 12 and 13 (2) to assist institutions of higher education, lo- 14 cated in such area to recruit and retain faculty nec- 15 essary to prepare teachers and provide professional 16 development. 17 SEC. 634. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR 18 B OF TITLE III, TITLE V, AND OTHER GRANTS. 19 The Secretary is authorized to modify the required 20 and allowable uses of funds under chapters 1 and 2 of 21 subpart 2 of part A of title IV of the Higher Education 22 Act of 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et 23 seq.), under part A or B of title III of such Act (20 U.S.C. 24 1057 et seq., 1060 et seq.), under title V of such Act (20 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 126 •S 2165 IS U.S.C. 1101 et seq.), and under any other competitive 1 grant program, at the request of an affected institution 2 or other grantee, with respect to affected institutions and 3 other grantees located in a covered disaster area. The Sec- 4 retary may, under the authority of this section, authorize 5 new construction, renovation, or improvement of class- 6 rooms, libraries, laboratories, or other instructional facili- 7 ties that is not authorized under the institution’s grant 8 award, as in effect on the date of enactment of this Act, 9 under part A or B of title III, or title V, of the Higher 10 Education Act of 1965. 11 SEC. 635. PROFESSIONAL JUDGMENT. 12 (a) IN GENERAL.—A financial aid administrator 13 shall be considered to be making an adjustment in accord- 14 ance with section 479A(a) of the Higher Education Act 15 of 1965 (20 U.S.C. 1087tt(a)) if the financial aid adminis- 16 trator makes the adjustment with respect to the calcula- 17 tion of the expected student or parent contribution (or 18 both) for an affected student, or for a student or a parent 19 who resides or resided, or was employed— 20 (1) in a covered disaster area due to Hurricane 21 Irma, on September 5, 2017; or 22 (2) in a covered disaster area due to Hurricane 23 Maria, on September 16, 2017. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 127 •S 2165 IS (b) DOCUMENTATION.—The financial aid adminis- 1 trator shall adequately document the need for the adjust- 2 ment. 3 SEC. 636. EXPANDING INFORMATION DISSEMINATION RE- 4 GARDING ELIGIBILITY FOR FEDERAL PELL 5 GRANTS. 6 (a) IN GENERAL.—The Secretary shall make special 7 efforts, in conjunction with State efforts, to notify affected 8 students and if applicable, their parents, who qualify for 9 means-tested Federal benefit programs, of their potential 10 eligibility for a maximum Federal Pell Grant under section 11 401 of the Higher Education Act of 1965 (20 U.S.C. 12 1070a), and shall disseminate such informational mate- 13 rials as the Secretary deems appropriate. 14 (b) MEANS-TESTED FEDERAL BENEFIT PRO- 15 GRAM.—For the purpose of this section, the term ‘‘means- 16 tested Federal benefit program’’ means a mandatory 17 spending program of the Federal Government, other than 18 a program under the Higher Education Act of 1965 (20 19 U.S.C. 1001 et seq.), in which eligibility for the program’s 20 benefits, or the amount of such benefits, or both, are de- 21 termined on the basis of income or resources of the indi- 22 vidual or family seeking the benefit, and may include such 23 programs as the supplemental security income program 24 under title XVI of the Social Security Act, the food stamp 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 128 •S 2165 IS program under the Food Stamp Act of 1977, the free and 1 reduced price school lunch program established under the 2 Richard B. Russell National School Lunch Act, the tem- 3 porary assistance to needy families program established 4 under part A of title IV of the Social Security Act, and 5 the women, infants, and children program established 6 under section 17 of the Child Nutrition Act of 1966, and 7 other programs identified by the Secretary. 8 SEC. 637. PROCEDURES. 9 (a) REGULATORY REQUIREMENTS INAPPLICABLE.— 10 Sections 482(c) and 492 of the Higher Education Act of 11 1965 (20 U.S.C. 1089(c), 1098a) and section 553 of title 12 5, United States Code, shall not apply to this subtitle. 13 (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EX- 14 TENSIONS.—Notwithstanding section 437 of the General 15 Education Provisions Act (20 U.S.C. 1232) and section 16 553 of title 5, United States Code, the Secretary shall 17 make publicly available, by notice in the Federal Register, 18 the waivers, modifications, or extensions granted under 19 this subtitle. 20 (c) CASE-BY-CASE BASIS.—The Secretary is not re- 21 quired to exercise any waiver or modification authority 22 under this subtitle on a case-by-case basis. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 129 •S 2165 IS SEC. 638. TEMPORARY DEFERRAL FOR AFFECTED FED- 1 ERAL STUDENT LOAN BORROWERS. 2 (a) IN GENERAL.—Notwithstanding any other provi- 3 sion of law, an affected borrower of a covered Federal stu- 4 dent loan shall be eligible for deferment, in the same man- 5 ner and subject to the same conditions as deferments are 6 provided for covered Federal student loans under section 7 428(b)(1)(M) or 455(f)(1) of the Higher Education Act 8 of 1965 (20 U.S.C. 1078(b)(1)(M); 1087e(f)(1)), for the 9 1-year period beginning on the date of enactment of this 10 Act. 11 (b) EXTENSION.—The Secretary may extend a 12 deferment provided under subsection (a) for not more than 13 two 1-year periods, if the Secretary determines that condi- 14 tions warrant such an extension. 15 (c) APPLICABILITY TO OTHER LAW.—Any deferment 16 provided to an affected borrower under this section shall 17 not impact the affected borrower’s eligibility for any other 18 deferment under section 428(b)(1)(M) or 455(f)(2) of the 19 Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M), 20 1087e(f)(2)). 21 (d) DEFINITIONS.—In this section: 22 (1) AFFECTED BORROWER.—In this section, 23 the term ‘‘affected borrower’’ means an individual— 24 (A) who is a borrower of a covered Federal 25 student loan; and 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 130 •S 2165 IS (B) whose primary place of residency was, 1 as of September 5, 2017, in Puerto Rico or the 2 Virgin Islands. 3 (2) COVERED FEDERAL STUDENT LOAN.—The 4 term ‘‘covered Federal student loan’’ means a loan 5 made, insured, or guaranteed under part B or D of 6 title IV of the Higher Education Act of 1965 (20 7 U.S.C. 1071 et seq.; 1078a et seq.). 8 SEC. 639. TERMINATION OF AUTHORITY. 9 The authority of the Secretary to issue waivers or 10 modifications under this subtitle (except for section 638) 11 shall expire at the conclusion of the 2017–2018 academic 12 year. 13 Subtitle D—Disaster Relief for 14 Other Education and Related 15 Programs 16 SEC. 651. DEFINITIONS. 17 (a) IN GENERAL.—Unless otherwise specified in this 18 subtitle, the terms used in this subtitle have the meanings 19 given the terms in section 8101 of the Elementary and 20 Secondary Education Act of 1965 (20 U.S.C. 7801). 21 (b) ADDITIONAL DEFINITIONS.—For the purposes of 22 this subtitle: 23 (1) AFFECTED HEAD START AGENCY.—The 24 term ‘‘affected Head Start agency’’ means a Head 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 131 •S 2165 IS Start agency, including an early Head Start agency, 1 receiving a significant number of children from a 2 covered disaster area. 3 (2) CHILD WITH A DISABILITY.—The term 4 ‘‘child with a disability’’ has the meaning given such 5 term in section 602 of the Individuals with Disabil- 6 ities Education Act (20 U.S.C. 1401). 7 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 8 ty’’ means— 9 (A) a local educational agency (as defined 10 in section 602 of the Individuals with Disabil- 11 ities Education Act (20 U.S.C. 1401)) if such 12 agency is located in a covered disaster area; 13 (B) a State educational agency (as defined 14 in section 602 of such Act) of Puerto Rico or 15 the Virgin Islands; or 16 (C) a State interagency coordinating coun- 17 cil established under section 641 of such Act 18 (20 U.S.C. 1441) if such council is located in 19 a covered disaster area. 20 (4) INDIVIDUAL ADVERSELY AFFECTED BY A 21 COVERED DISASTER.—The term ‘‘individual ad- 22 versely affected by a covered disaster’’ means an in- 23 dividual who was living, working, or attending 24 school— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 132 •S 2165 IS (A) on September 5, 2017, in a covered 1 disaster area due to Hurricane Irma; or 2 (B) on September 16, 2017, in a covered 3 disaster area due to Hurricane Maria. 4 (5) INFANT OR TODDLER WITH A DIS- 5 ABILITY.—The term ‘‘infant or toddler with a dis- 6 ability’’ has the meaning given such term in section 7 632 of the Individuals with Disabilities Education 8 Act (20 U.S.C. 1432). 9 (6) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Education. 11 SEC. 652. AGREEMENTS TO EXTEND CERTAIN DEADLINES 12 OF THE INDIVIDUALS WITH DISABILITIES 13 EDUCATION ACT TO FACILITATE THE PROVI- 14 SION OF EDUCATIONAL SERVICES TO CHIL- 15 DREN WITH DISABILITIES. 16 (a) AUTHORITY.—The Secretary may enter into an 17 agreement described in subsection (b) with an eligible enti- 18 ty to extend certain deadlines under the Individuals with 19 Disabilities Education Act (20 U.S.C. 1400 et seq.) re- 20 lated to providing special education and related services, 21 including early intervention services, to individuals ad- 22 versely affected by a covered disaster. 23 (b) TERMS OF AGREEMENTS.—An agreement re- 24 ferred to in subsection (a) is an agreement with an eligible 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 133 •S 2165 IS entity made in accordance with subsection (e) that may 1 extend the applicable deadlines under one or more of the 2 following sections: 3 (1) Section 612(a)(15)(C) of the Individuals 4 with Disabilities Education Act (20 U.S.C. 5 1412(a)(15)(C)), by extending up to an additional 6 30 days the deadline for submission of the annual 7 report to the Secretary and the public regarding the 8 progress of the State and of children with disabilities 9 in the State. 10 (2) Section 616(b)(1)(A) of such Act (20 11 U.S.C. 1416(b)(1)(A)), by extending up to an addi- 12 tional 30 days the deadline for finalization of the 13 State performance plan. 14 (3) Section 641(e)(1)(D) of such Act (20 15 U.S.C. 1441(e)(1)(D)), by extending up to an addi- 16 tional 30 days the deadline for submission to the 17 Governor of a State and the Secretary of the report 18 on the status of early intervention programs for in- 19 fants and toddlers with disabilities and their families 20 operated within the State. 21 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 22 tion shall be construed— 23 (1) as permitting the waiver of— 24 (A) any applicable Federal civil rights law; 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 134 •S 2165 IS (B) any student or family privacy protec- 1 tions, including provisions requiring parental 2 consent for evaluations and services; 3 (C) any procedural safeguards required 4 under section 615 or 639 of the Individuals 5 with Disabilities Education Act (20 U.S.C. 6 1415, 1439); or 7 (D) any requirements not specified in sub- 8 section (b); or 9 (2) as removing the obligation of the eligible en- 10 tity to provide a child with a disability or an infant 11 or toddler with a disability and their families— 12 (A) a free appropriate public education 13 under part B of the Individuals with Disabil- 14 ities Education Act (20 U.S.C. 1411 et seq.); or 15 (B) early intervention services under part 16 C of such Act (20 U.S.C. 1431 et seq.). 17 (d) DURATION OF AGREEMENT.—An agreement 18 under this section shall terminate at the conclusion of the 19 2017–2018 academic year. 20 (e) REQUEST TO ENTER INTO AGREEMENT.—To 21 enter into an agreement under this section, an eligible en- 22 tity shall submit a request to the Secretary at such time, 23 in such manner, and containing such information as the 24 Secretary may require. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 135 •S 2165 IS SEC. 653. HEAD START AND CHILD CARE AND DEVELOP- 1 MENT BLOCK GRANTS. 2 (a) HEAD START.— 3 (1) TECHNICAL ASSISTANCE, GUIDANCE, AND 4 RESOURCES.—From the amount made available for 5 Head Start in this Act, the Secretary of Health and 6 Human Services shall provide training and technical 7 assistance, guidance, and resources through the Re- 8 gion 2 offices of the Administration for Children and 9 Families (and may provide training and technical as- 10 sistance, guidance, and resources through other re- 11 gional offices of the Administration, at the request 12 of such offices that administer affected Head Start 13 agencies) to Head Start agencies in a covered dis- 14 aster area, and to affected Head Start agencies, to 15 assist the agencies and entities involved to address 16 the health and counseling needs of infants, toddlers, 17 and young children affected by a covered disaster. 18 Such training and technical assistance may be pro- 19 vided by contract or cooperative agreement with 20 qualified national, regional, or local providers. 21 (2) WAIVER.—For such period up to September 22 30, 2018, and to such extent as the Secretary of 23 Health and Human Services considers appropriate, 24 the Secretary of Health and Human Services— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 136 •S 2165 IS (A) may waive section 640(b) of the Head 1 Start Act (42 U.S.C. 9835(b)) for Head Start 2 agencies located in a covered disaster area and 3 other affected Head Start agencies; and 4 (B) shall waive requirements of docu- 5 mentation for individuals adversely affected by 6 a covered hurricane disaster who participate in 7 a Head Start program or an Early Head Start 8 program funded under the Head Start Act. 9 (b) CHILD CARE AND DEVELOPMENT BLOCK 10 GRANT.— 11 (1) CHILD CARE AND DEVELOPMENT BLOCK 12 GRANT ACT OF 1990.—For such period up to Sep- 13 tember 30, 2018, and to such extent as the Sec- 14 retary of Health and Human Services considers to 15 be appropriate, the Secretary of Health and Human 16 Services may waive, for Puerto Rico, the Virgin Is- 17 lands, and any State serving significant numbers of 18 individuals adversely affected by a covered disaster, 19 provisions of the Child Care and Development Block 20 Grant Act of 1990 (42 U.S.C. 9858 et seq.)— 21 (A) relating to Federal income limitations 22 on eligibility to receive child care services for 23 which assistance is provided under such Act; 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 137 •S 2165 IS (B) relating to work requirements applica- 1 ble to eligibility to receive child care services for 2 which assistance is provided under such Act; 3 (C) relating to limitations on the use of 4 funds under section 658G of the Child Care 5 and Development Block Grant Act of 1990 (42 6 U.S.C. 9858e); 7 (D) preventing children designated as evac- 8 uees from receiving priority for child care serv- 9 ices provided under such Act, except that chil- 10 dren residing in a State and currently receiving 11 services should not lose such services to accom- 12 modate evacuee children; and 13 (E) relating to any non-Federal or capital 14 contribution required (including copayment or 15 other cost sharing by parents receiving child 16 care assistance) to match Federal funds pro- 17 vided under programs administered by the Sec- 18 retary of Health and Human Services. 19 (2) TECHNICAL ASSISTANCE AND GUIDANCE.— 20 The Secretary of Health and Human Services may 21 provide assistance to States for the purpose of pro- 22 viding training, technical assistance, and guidance to 23 eligible child care providers (as defined in section 24 658P of the Child Care and Development Block 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 138 •S 2165 IS Grant Act of 1990 (42 U.S.C. 9858n)) who are li- 1 censed and regulated, as applicable, by the States, to 2 enable such providers to provide child care services 3 for children and families described in paragraph (1). 4 Such training and technical assistance may be pro- 5 vided through intermediary organizations, including 6 those with demonstrated experience in providing 7 training and technical assistance to programs serv- 8 ing school-age children up to age 13, involved in re- 9 instituting child care services on a broad scale in a 10 covered disaster area. 11 TITLE VII—ECONOMIC DEVEL- 12 OPMENT ASSISTANCE AND 13 WORKER PROTECTIONS 14 SEC. 701. TRAINING AND EMPLOYMENT SERVICES. 15 (a) IN GENERAL.—Out of funds of the Treasury not 16 otherwise appropriated, there is appropriated for the fiscal 17 year ending September 30, 2018: For an additional 18 amount for ‘‘Training and Employment Services’’, 19 $25,000,000, for the dislocated workers national reserve 20 to provide assistance under subparagraph (B) or (as ap- 21 propriate) subparagraph (C) of section 170(b)(1) of the 22 Workforce Innovation and Opportunity Act (29 U.S.C. 23 3225(b)(1)) for necessary expenses in Puerto Rico and the 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 139 •S 2165 IS Virgin Islands directly related to Hurricanes Irma and 1 Maria, to remain available until expended. 2 (b) TRANSFERS.—The Secretary of Labor may trans- 3 fer up to $3,500,000 of the amount described in sub- 4 section (a) to any other Department of Labor account for 5 other reconstruction and recovery needs, including worker 6 protection activities, in Puerto Rico and the Virgin Islands 7 related to Hurricanes Irma and Maria. 8 SEC. 702. EQUITABLE TREATMENT FOR RESIDENTS OF 9 PUERTO RICO AND THE VIRGIN ISLANDS 10 WITH RESPECT TO THE EARNED INCOME TAX 11 CREDIT AND THE CHILD TAX CREDIT. 12 (a) PUERTO RICO RESIDENTS ELIGIBLE FOR 13 EARNED INCOME TAX CREDIT.— 14 (1) IN GENERAL.—Section 32 of the Internal 15 Revenue Code of 1986 is amended by adding at the 16 end the following new subsection: 17 ‘‘(n) RESIDENTS OF PUERTO RICO.— 18 ‘‘(1) IN GENERAL.—In the case of residents of 19 Puerto Rico— 20 ‘‘(A) the United States shall be treated as 21 including Puerto Rico for purposes of sub- 22 sections (c)(1)(A)(ii)(I) and (c)(3)(C), 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 140 •S 2165 IS ‘‘(B) subsection (c)(1)(D) shall not apply 1 to nonresident alien individuals who are resi- 2 dents of Puerto Rico, and 3 ‘‘(C) adjusted gross income and gross in- 4 come shall be computed without regard to sec- 5 tion 933 for purposes of subsections (a)(2)(B) 6 and (c)(2)(A)(i). 7 ‘‘(2) LIMITATION.—The credit allowed under 8 this section by reason of this subsection for any tax- 9 able year shall not exceed the amount, determined 10 under regulations or other guidance promulgated by 11 the Secretary, that a similarly situated taxpayer 12 would receive if residing in a State.’’. 13 (2) CHILD TAX CREDIT NOT REDUCED.—Sub- 14 clause (II) of section 24(d)(1)(B)(ii) of such Code is 15 amended by inserting before the period ‘‘(determined 16 without regard to section 32(n) in the case of resi- 17 dents of Puerto Rico)’’. 18 (3) EFFECTIVE DATE.—The amendments made 19 this subsection shall apply to taxable years begin- 20 ning after December 31, 2016. 21 (b) EQUITABLE TREATMENT FOR RESIDENTS OF 22 PUERTO RICO WITH RESPECT TO THE REFUNDABLE 23 PORTION OF THE CHILD TAX CREDIT.— 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 141 •S 2165 IS (1) IN GENERAL.—Section 24(d)(1) of the In- 1 ternal Revenue Code of 1986 is amended by insert- 2 ing ‘‘or section 933’’ after ‘‘section 112’’. 3 (2) EFFECTIVE DATE.—The amendment made 4 by paragraph (1) shall apply to taxable years begin- 5 ning after December 31, 2016. 6 (c) TREATMENT OF RESIDENTS OF THE VIRGIN IS- 7 LANDS.— 8 (1) IN GENERAL.—The Secretary of the Treas- 9 ury shall pay to the government of the Virgin Is- 10 lands amounts equal to the loss to that possession 11 by reason of the application of— 12 (A) section 32 of the Internal Revenue 13 Code of 1986 (determined as if subsection (n) 14 of such section, as added by subsection (a), ap- 15 plied to bona fide residents of that possession), 16 and 17 (B) section 24(d) of such Code (deter- 18 mined as if the amendment made by subsection 19 (b) applied to bona fide residents of that pos- 20 session), 21 with respect to taxable years beginning after Decem- 22 ber 31, 2016. Such amounts shall be determined by 23 the Secretary of the Treasury based on information 24 provided by the government of the Virgin Islands. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 142 •S 2165 IS (2) TREATMENT OF PAYMENTS.—For purposes 1 of section 1324(b)(2) of title 31, United States 2 Code, the payments under this subsection shall be 3 treated in the same manner as a refund due from 4 the credit allowed under section 32 or 24 (by reason 5 of subsection (d) thereof), whichever is applicable, of 6 the Internal Revenue Code of 1986. 7 SEC. 703. REQUIREMENT TO USE LOCAL LABOR. 8 In carrying out relief and recovery efforts relating to 9 a covered disaster in Puerto Rico and the Virgin Islands, 10 the Administrator of the Federal Emergency Management 11 Agency shall ensure that— 12 (1) to the greatest extent practicable, individ- 13 uals who carry out such efforts are individuals who 14 reside in a covered disaster area; 15 (2) workers are protected by project labor 16 agreements; and 17 (3) local, family-sustaining union jobs are pro- 18 tected. 19 SEC. 704. MINIMUM WAGE FOR YOUNG EMPLOYEES IN 20 PUERTO RICO. 21 Section 6(g) of the Fair Labor Standards Act of 22 1938 (29 U.S.C. 206(g)) is amended— 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 143 •S 2165 IS (1) by striking paragraph (2) and redesignating 1 paragraphs (3) through (5) as paragraphs (2) 2 through (4), respectively; 3 (2) in paragraph (2), as so redesignated, by 4 striking ‘‘or (2)’’; and 5 (3) in paragraph (4), as so redesignated, by 6 striking ‘‘20 years, except’’ and all that follows 7 through the period and inserting ‘‘20 years.’’. 8 SEC. 705. OVERTIME HOURS PROTECTIONS FOR WORKERS 9 IN PUERTO RICO. 10 Section 404 of the Puerto Rico Oversight, Manage- 11 ment, and Economic Stability Act (48 U.S.C. 2193) is re- 12 pealed. 13 SEC. 706. UNEMPLOYMENT ASSISTANCE FOR PUERTO RICO 14 AND THE VIRGIN ISLANDS. 15 (a) EXTENSION OF DISASTER UNEMPLOYMENT BEN- 16 EFIT PERIOD.— 17 (1) IN GENERAL.—Notwithstanding section 18 410(a) of the Robert T. Stafford Disaster Relief and 19 Emergency Assistance Act (42 U.S.C. 5177(a)) or 20 any regulations implementing that section— 21 (A) in the case of an individual who is ap- 22 plying for unemployment assistance under that 23 section 410(a) as a result of a covered dis- 24 aster— 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 144 •S 2165 IS (i) the individual shall file the applica- 1 tion for unemployment assistance not later 2 than July 11, 2018; and 3 (ii) the individual shall submit all doc- 4 umentation required to be submitted in 5 support of an application described in 6 clause (i) not later than 90 days after the 7 date on which the application was filed; 8 and 9 (B) in the case of an individual who is eli- 10 gible to receive unemployment assistance under 11 that section 410(a) as a result of a covered dis- 12 aster, the President shall make such assistance 13 available for 52 weeks after the date on which 14 the President declared the covered disaster. 15 (2) REGULATIONS.—The Secretary of Labor 16 may prescribe any operating instructions or regula- 17 tions necessary to carry out this subsection. 18 (b) OTHER UNEMPLOYMENT ASSISTANCE.—Section 19 903 of the Social Security Act (42 U.S.C. 1103) is amend- 20 ed by adding at the end the following new subsection: 21 ‘‘Special Transfer in Fiscal Year 2018 22 ‘‘(h) Not later than 10 days after the date of the en- 23 actment of this subsection, the Secretary of the Treasury 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 145 •S 2165 IS shall transfer from the Federal unemployment account, to 1 remain available until expended— 2 ‘‘(1) $325,000,000 to the account of the Com- 3 monwealth of Puerto Rico in the Unemployment 4 Trust Fund; and 5 ‘‘(2) $25,000,000 to the account of the United 6 States Virgin Islands in the Unemployment Trust 7 Fund.’’. 8 SEC. 707. ECONOMIC DEVELOPMENT ASSISTANCE PRO- 9 GRAMS. 10 Out of funds of the Treasury not otherwise appro- 11 priated, there is appropriated, pursuant to section 703 of 12 the Public Works and Economic Development Act (42 13 U.S.C. 3233), an additional amount for ‘‘Economic Devel- 14 opment Assistance Programs’’, for necessary expenses re- 15 lated to disaster relief, long-term recovery, and restoration 16 of infrastructure in areas covered by the declaration of a 17 major disaster under title IV of the Robert T. Stafford 18 Disaster Relief and Emergency Assistance Act (42 U.S.C. 19 5121 et seq.) as a result of Hurricanes Irma and Maria, 20 $235,612,500 for fiscal year 2018, to remain available 21 until expended, of which— 22 (1) $228,750,000 shall be made available for 23 Puerto Rico; and 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 146 •S 2165 IS (2) $6,862,500 shall be made available for the 1 Virgin Islands. 2 SEC. 708. APPROPRIATION TO CDFI FUND FOR DISASTER 3 RELIEF IN PUERTO RICO AND THE VIRGIN IS- 4 LANDS. 5 (a) DEFINITIONS.—In this section— 6 (1) the term ‘‘community development financial 7 institution’’ has the meaning given the term in sec- 8 tion 103 of the Community Development Banking 9 and Financial Institutions Act of 1994 (12 U.S.C. 10 4702); and 11 (2) the term ‘‘Fund’’ means the Community 12 Development Financial Institutions Fund established 13 under section 104(a) of the Community Develop- 14 ment Banking and Financial Institutions Act of 15 1994 (12 U.S.C. 4703(a)). 16 (b) APPROPRIATION.—Out of funds of the Treasury 17 not otherwise appropriated, there is appropriated to the 18 Fund $250,000,000, which shall— 19 (1) be used for financial and technical assist- 20 ance to community development financial institu- 21 tions for costs relating to disaster relief and long- 22 term recovery in covered disaster areas; and 23 (2) remain available during the 5-year period 24 beginning on the date of enactment of this Act. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 147 •S 2165 IS (c) SUSPENSION OF MATCHING REQUIREMENT.— 1 Notwithstanding any other provision of law, during the 5- 2 year period beginning on the date of enactment of this 3 Act, there shall be no requirement to match any assistance 4 provided by the Fund to community development financial 5 institutions for costs relating to disaster relief and long- 6 term recovery in covered disaster areas with funds from 7 sources other than the Federal Government. 8 SEC. 709. COMMUNITY DEVELOPMENT FUND. 9 Out of funds of the Treasury not otherwise appro- 10 priated, there is appropriated to the Community Develop- 11 ment Fund of the Department of Housing and Urban De- 12 velopment $48,000,000,000 for fiscal year 2018, to re- 13 main available until expended, for necessary expenses for 14 activities authorized under title I of the Housing and Com- 15 munity Development Act of 1974 (42 U.S.C. 5301 et seq.) 16 related to disaster relief, long-term recovery, restoration 17 of infrastructure and housing, and economic revitalization 18 in the most impacted and distressed areas that are covered 19 disaster areas, of which $46,000,000,000 shall be for such 20 areas in Puerto Rico and $2,000,000,000 shall be for such 21 areas in the Virgin Islands: Provided, That funds shall be 22 awarded directly to the State or unit of general local gov- 23 ernment at the discretion of the Secretary of Housing and 24 Urban Development (referred to in this section as the 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 148 •S 2165 IS ‘‘Secretary’’): Provided further, That as a condition of 1 making any grant, the Secretary shall certify in advance 2 that such grantee has in place proficient financial controls 3 and procurement processes and has established adequate 4 procedures to prevent any duplication of benefits as de- 5 fined in section 312 of the Robert T. Stafford Disaster 6 Relief and Emergency Assistance Act (42 U.S.C. 5155), 7 to ensure timely expenditure of funds, to maintain com- 8 prehensive websites regarding all disaster recovery activi- 9 ties assisted with these funds, and to detect and prevent 10 waste, fraud, and abuse of funds: Provided further, That 11 prior to the obligation of funds a grantee shall submit a 12 plan to the Secretary for approval detailing the proposed 13 use of all funds, including criteria for eligibility and how 14 the use of these funds will address long-term recovery and 15 restoration of infrastructure and housing and economic re- 16 vitalization in the most impacted and distressed areas: 17 Provided further, That such funds may not be used for 18 activities reimbursable by, or for which funds are made 19 available by, the Federal Emergency Management Agency 20 or the Army Corps of Engineers: Provided further, That 21 funds allocated under this section shall not be considered 22 relevant to the non-disaster formula allocations made 23 under section 106 of the Housing and Community Devel- 24 opment Act of 1974 (42 U.S.C. 5306): Provided further, 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 149 •S 2165 IS That a State, subdivision thereof, or unit of general local 1 government may use not more than 5 percent of its alloca- 2 tion for administrative costs: Provided further, That in ad- 3 ministering the funds under this section, the Secretary 4 may waive, or specify alternative requirements for, any 5 provision of any statute or regulation that the Secretary 6 administers in connection with the obligation by the Sec- 7 retary or the use by the recipient of these funds (except 8 for requirements related to fair housing, nondiscrimina- 9 tion, labor standards, and the environment), if the Sec- 10 retary finds that good cause exists for the waiver or alter- 11 native requirement and such waiver or alternative require- 12 ment would not be inconsistent with the overall purpose 13 of title I of the Housing and Community Development Act 14 of 1974: Provided further, That, notwithstanding the pre- 15 ceding proviso, recipients of funds provided under this sec- 16 tion that use such funds to supplement Federal assistance 17 provided under section 402, 403, 404, 406, 407, or 502 18 of the Robert T. Stafford Disaster Relief and Emergency 19 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, with- 20 out review or public comment, any environmental review, 21 approval, or permit performed by a Federal agency, and 22 such adoption shall satisfy the responsibilities of the re- 23 cipient with respect to such environmental review, ap- 24 proval, or permit: Provided further, That, notwithstanding 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 150 •S 2165 IS section 104(g)(2) of the Housing and Community Devel- 1 opment Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 2 may, upon receipt of a request for release of funds and 3 certification, immediately approve the release of funds for 4 an activity or project assisted under this section if the re- 5 cipient has adopted an environmental review, approval, or 6 permit under the preceding proviso or the activity or 7 project is categorically excluded from review under the Na- 8 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 9 et seq.): Provided further, That the Secretary shall publish 10 via notice in the Federal Register any waiver, or alter- 11 native requirement, to any statute or regulation that the 12 Secretary administers under title I of the Housing and 13 Community Development Act of 1974 not later than 5 14 days before the effective date of the waiver or alternative 15 requirement: Provided further, That of the amounts made 16 available under this section, not more than $10,000,000 17 may be transferred, in aggregate, to ‘‘Department of 18 Housing and Urban Development—Program Office Sala- 19 ries and Expenses—Community Planning and Develop- 20 ment’’ for necessary costs, including information tech- 21 nology costs, of administering and overseeing the obliga- 22 tion and expenditure of amounts under this section. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 151 •S 2165 IS SEC. 710. SMALL BUSINESS ADMINISTRATION DISASTER 1 LOANS. 2 Out of funds of the Treasury not otherwise appro- 3 priated, there is appropriated to the Disaster Loans Pro- 4 gram Account of the Small Business Administration 5 $2,730,729,378 for fiscal year 2018, to remain available 6 until expended, to carry out the loan program authorized 7 under section 7(b) of the Small Business Act (15 U.S.C. 8 636(b)) in Puerto Rico and the Virgin Islands. 9 TITLE VIII—ENVIRONMENTAL 10 REMEDIATION 11 SEC. 801. NATIONAL PARK SERVICE HISTORIC PRESERVA- 12 TION FUND. 13 (a) FUNDING.—Out of funds of the Treasury not oth- 14 erwise appropriated, there is appropriated to the Historic 15 Preservation Fund of the National Park Service 16 $2,130,000 for fiscal year 2018, to remain available until 17 expended, for necessary expenses relating to the con- 18 sequences of Hurricane Irma and Hurricane Maria, of 19 which— 20 (1) $1,300,000 is for necessary expenses in 21 Puerto Rico; and 22 (2) $830,000 is for necessary expenses in the 23 Virgin Islands. 24 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith- 25 standing any other provision of law, the non-Federal share 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 152 •S 2165 IS of the cost of any program or activity carried out using 1 funds provided under this section shall be zero. 2 SEC. 802. ENVIRONMENTAL PROTECTION AGENCY ENVI- 3 RONMENTAL PROGRAMS AND MANAGEMENT. 4 Out of funds of the Treasury not otherwise appro- 5 priated, there is appropriated to the Environmental Pro- 6 grams and Management Account of the Environmental 7 Protection Agency $1,100,000 for fiscal year 2018, to re- 8 main available until expended, for necessary expenses re- 9 lating to the consequences of Hurricane Irma and Hurri- 10 cane Maria, of which— 11 (1) $700,000 is for necessary expenses in Puer- 12 to Rico; and 13 (2) $400,000 is for necessary expenses in the 14 Virgin Islands. 15 SEC. 803. HAZARDOUS SUBSTANCE SUPERFUND. 16 Out of funds of the Treasury not otherwise appro- 17 priated, there is appropriated to the Hazardous Substance 18 Superfund established by section 9507(a) of the Internal 19 Revenue Code of 1986 $2,000,000 for fiscal year 2018, 20 to remain available until expended, for necessary expenses 21 in Puerto Rico and the Virgin Islands relating to the con- 22 sequences of Hurricane Irma and Hurricane Maria. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 153 •S 2165 IS SEC. 804. LEAKING UNDERGROUND STORAGE TANK FUND. 1 Out of funds of the Treasury not otherwise appro- 2 priated, there is appropriated to the Leaking Underground 3 Storage Tank Trust Fund established by section 9508(a) 4 of the Internal Revenue Code of 1986 $2,760,000 for fis- 5 cal year 2018, to remain available until expended, for nec- 6 essary expenses relating to the consequences of Hurricane 7 Irma and Hurricane Maria, of which— 8 (1) $2,600,000 is for necessary expenses in 9 Puerto Rico; and 10 (2) $160,000 is for necessary expenses in the 11 Virgin Islands. 12 SEC. 805. DEPARTMENT OF THE INTERIOR GRANTS. 13 (a) FUNDING.—Out of funds of the Treasury not oth- 14 erwise appropriated, there is appropriated to the Secretary 15 of the Interior $7,054,000 for fiscal year 2018, to remain 16 available until expended, of which— 17 (1) $6,800,000 is for grants— 18 (A) to restore and rebuild units of the Na- 19 tional Park System, units of the National Wild- 20 life Refuge System, and other Federal public 21 assets in Puerto Rico; and 22 (B) to increase the resiliency and capacity 23 of coastal habitat and infrastructure in Puerto 24 Rico to withstand storms and reduce the dam- 25 age caused by storms; and 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 154 •S 2165 IS (2) $254,000 is for grants— 1 (A) to restore and rebuild units of the Na- 2 tional Park System, units of the National Wild- 3 life Refuge System, and other Federal public 4 assets in the Virgin Islands; and 5 (B) to increase the resiliency and capacity 6 of coastal habitat and infrastructure in the Vir- 7 gin Islands to withstand storms and reduce the 8 damage caused by storms. 9 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith- 10 standing any other provision of law, the non-Federal share 11 of the cost of any program or activity carried out using 12 funds provided under this section shall be zero. 13 SEC. 806. DEPARTMENT OF DEFENSE ENVIRONMENTAL 14 RESTORATION. 15 (a) PUERTO RICO.— 16 (1) ENVIRONMENTAL RESTORATION, ARMY.— 17 Out of funds of the Treasury not otherwise appro- 18 priated, there is appropriated to the Environmental 19 Restoration, Army account of the Department of 20 Defense $6,335,000 for fiscal year 2018, to remain 21 available until expended, to carry out environmental 22 restoration activities at Army locations in Puerto 23 Rico. 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 155 •S 2165 IS (2) ENVIRONMENTAL RESTORATION, NAVY.— 1 Out of funds of the Treasury not otherwise appro- 2 priated, there is appropriated to the Environmental 3 Restoration, Navy account of the Department of De- 4 fense $333,677,000 for fiscal year 2018, to remain 5 available until expended, to carry out environmental 6 restoration activities at Navy locations in Puerto 7 Rico. 8 (3) ENVIRONMENTAL RESTORATION, AIR 9 FORCE.—Out of funds of the Treasury not otherwise 10 appropriated, there is appropriated to the Environ- 11 mental Restoration, Air Force account of the De- 12 partment of Defense $1,408,000 for fiscal year 13 2018, to remain available until expended, to carry 14 out environmental restoration activities at Air Force 15 locations in Puerto Rico. 16 (4) ENVIRONMENTAL RESTORATION, FORMERLY 17 USED DEFENSE SITES.—Out of funds of the Treas- 18 ury not otherwise appropriated, there is appro- 19 priated to the Environmental Restoration, Formerly 20 Used Defense Sites account of the Department of 21 Defense $161,028,000 for fiscal year 2018, to re- 22 main available until expended, to carry out environ- 23 mental restoration activities at sites formerly used 24 by the Department of Defense in Puerto Rico. 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 156 •S 2165 IS (5) DEPARTMENT OF DEFENSE BASE CLOSURE 1 ACCOUNT.—Out of funds of the Treasury not other- 2 wise appropriated, there is appropriated to the De- 3 partment of Defense Base Closure Account estab- 4 lished by section 2906(a) of the Defense Base Clo- 5 sure and Realignment Act of 1990 (part A of title 6 XXIX of Public Law 101–510; 10 U.S.C. 2687 7 note) $46,896,000 for fiscal year 2018, to remain 8 available until expended, to carry out environmental 9 restoration activities at properties in Puerto Rico 10 disposed of pursuant to a base closure law. 11 (b) VIRGIN ISLANDS.—Out of funds of the Treasury 12 not otherwise appropriated, there is appropriated to the 13 Environmental Restoration, Formerly Used Defense Sites 14 account of the Department of Defense $6,406,000 for fis- 15 cal year 2018, to remain available until expended, to carry 16 out environmental restoration activities at sites formerly 17 used by the Department of Defense in the Virgin Islands. 18 SEC. 807. ADDITIONAL RECOVERY ASSISTANCE FOR PUER- 19 TO RICO AND THE VIRGIN ISLANDS FUND. 20 (a) ESTABLISHMENT OF FUND.—There is estab- 21 lished in the Treasury a fund, to be known as the ‘‘Addi- 22 tional Recovery Assistance for Puerto Rico and the Virgin 23 Islands Fund’’ (referred to in this section as the ‘‘Fund’’), 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 157 •S 2165 IS consisting of such amounts as are appropriated to the 1 Fund under subsection (b). 2 (b) FUNDING.—Out of funds of the Treasury not oth- 3 erwise appropriated, there is appropriated to the Fund 4 $5,000,000 for fiscal year 2018, to remain available until 5 expended. 6 (c) AVAILABILITY OF FUNDS.—Amounts in the Fund 7 shall be available without further appropriation to the Ad- 8 ministrator of the Environmental Protection Agency, the 9 Secretary of Energy, the Secretary of Defense, and the 10 Secretary of the Interior to carry out projects authorized 11 under this title in Puerto Rico and the Virgin Islands that 12 are not eligible for assistance under the public assistance 13 grant program. 14 SEC. 808. UNITED STATES FISH AND WILDLIFE SERVICE 15 CONSTRUCTION. 16 Out of any funds in the Treasury not otherwise ap- 17 propriated, there is appropriated for an additional amount 18 for the Construction Account of the United States Fish 19 and Wildlife Service $1,500,000 for fiscal year 2018, to 20 remain available until expended, for necessary expenses re- 21 lated to the consequences of Hurricanes Irma and Maria 22 in Puerto Rico and the Virgin Islands. 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 158 •S 2165 IS SEC. 809. ACTIVITIES CARRIED OUT BY THE CHIEF OF EN- 1 GINEERS IN PUERTO RICO AND THE VIRGIN 2 ISLANDS. 3 In carrying out activities under this title in Puerto 4 Rico and the Virgin Islands, the Chief of Engineers— 5 (1) shall prioritize recycling and composting; 6 and 7 (2) may not use air curtain incinerators in 8 cleaning up debris. 9 SEC. 810. PROHIBITION ON PRIVATIZATION. 10 No service provided or structure, facility, or means 11 of transportation built, repaired, restored, improved, ex- 12 panded, or carried out using amounts made available 13 under this title may be transferred to the ownership and 14 control of a private individual or entity. 15 TITLE IX—LONG-TERM RESIL- 16 IENT EMERGENCY DISASTER 17 RELIEF PLAN 18 SEC. 901. LONG-TERM DISASTER RELIEF PLAN FOR PUER- 19 TO RICO AND THE VIRGIN ISLANDS. 20 (a) IN GENERAL.—Not later than 8 months after the 21 date of enactment of this Act, the Administrator of the 22 Federal Emergency Management Agency, in coordination 23 with the Secretary of Homeland Security, the Adminis- 24 trator of the Environmental Protection Agency, the Sec- 25 retary of Housing and Urban Development, the Secretary 26 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 159 •S 2165 IS of the Interior, the Secretary of Health and Human Serv- 1 ices, the Secretary of Transportation, and the Secretary 2 of Commerce, shall submit to Congress a plan for Federal 3 disaster relief response in the case of Puerto Rico or the 4 Virgin Islands experiencing a category 4 or higher hurri- 5 cane event. 6 (b) REQUIREMENTS.—The plan required to be estab- 7 lished under subsection (a) shall— 8 (1) include a strategy for providing disaster re- 9 lief to Puerto Rico or the Virgin Islands after expe- 10 riencing 2 or more consecutive category 4 or higher 11 hurricane events; and 12 (2) be developed in consultation with the may- 13 ors and other elected officials of each unit of local 14 government affected by Hurricane Irma or Maria. 15 TITLE X—FEMA PROVISIONS 16 SEC. 1001. WAIVER OF NON-FEDERAL SHARE REQUIRE- 17 MENTS. 18 (a) PUBLIC ASSISTANCE GRANT PROGRAM.—Not- 19 withstanding any other provision of law, any amounts 20 awarded for a covered disaster area relating to a covered 21 disaster under the public assistance grant program shall 22 not be subject to a non-Federal share requirement. 23 (b) HAZARD MITIGATION GRANT PROGRAM.—The 24 President shall contribute 100 percent of the cost of eligi- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 160 •S 2165 IS ble hazard mitigation measures in a covered disaster area 1 under section 404 of the Robert T. Stafford Disaster Re- 2 lief and Emergency Assistance Act (42 U.S.C. 5170c). 3 (c) FINANCIAL ASSISTANCE TO ADDRESS OTHER 4 NEEDS UNDER INDIVIDUALS AND HOUSEHOLDS PRO- 5 GRAM.—Notwithstanding section 408(g)(2)(A) of the Rob- 6 ert T. Stafford Disaster Relief and Emergency Assistance 7 Act (42 U.S.C. 5174(g)(2)(A)), or any other provision of 8 law, for purposes of financial assistance provided under 9 subsection (c) of such section to an individual or household 10 located in a covered disaster area, the Federal share shall 11 be 100 percent. 12 SEC. 1002. HAZARD MITIGATION. 13 (a) PERCENTAGE FOR HMGP CONTRIBUTIONS.— 14 Notwithstanding sections 322 and 404 of the Robert T. 15 Stafford Disaster Relief and Emergency Assistance Act 16 (42 U.S.C. 5165 and 5170c), the total contributions under 17 such section 404 shall not exceed 20 percent of the esti- 18 mated aggregate amount of grants to be made (less any 19 associated administrative costs) under such Act. 20 (b) ADVANCE ASSISTANCE PERCENTAGE.—For haz- 21 ard mitigation measures to be carried out in a covered 22 disaster area relating to a covered disaster, section 404(e) 23 of the Robert T. Stafford Disaster Relief and Emergency 24 Assistance Act (42 U.S.C. 5170c(e)) shall be applied by 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 161 •S 2165 IS substituting ‘‘shall provide 25 percent’’ for ‘‘may provide 1 not more than 25 percent’’. 2 (c) MINIMUM AMOUNT FOR HAZARD MITIGATION 3 BASED ON 6-MONTH ESTIMATE.—For a covered disaster, 4 the estimated aggregate amount of grants to be made in 5 a covered disaster area for purposes of section 404 of the 6 Robert T. Stafford Disaster Relief and Emergency Assist- 7 ance Act (42 U.S.C. 5170c) shall not be less than the esti- 8 mate of such aggregate amount of grants in the projection 9 described in section 207.5(b)(2) of title 44, Code of Fed- 10 eral Regulations. 11 SEC. 1003. REPAIR, RESTORATION, AND REPLACEMENT OF 12 DAMAGED FACILITIES. 13 (a) COST-EFFECTIVENESS OF MITIGATION MEAS- 14 URES.—For purposes of contributions for mitigation 15 measures for a facility in a covered disaster area under 16 section 406 of the Robert T. Stafford Disaster Relief and 17 Emergency Assistance Act (42 U.S.C. 5172) a mitigation 18 measure shall be considered to be cost-effective if the cost 19 of the measures does not exceed 25 percent of the total 20 eligible repair cost of the facility. 21 (b) BENEFIT-COST METHODOLOGY.—If a benefit- 22 cost analysis methodology is used to determine the cost- 23 effectiveness of a mitigation measure that exceeds 25 per- 24 cent of the total eligible repair cost of the facility, as de- 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 162 •S 2165 IS scribed in subsection (a), under section 406 of the Robert 1 T. Stafford Disaster Relief and Emergency Assistance Act 2 (42 U.S.C. 5172), the benefit-cost analysis methodology 3 shall take into consideration— 4 (1) hazard mitigation benefits; 5 (2) expected economic benefits, including job 6 creation; and 7 (3) expected environmental benefits. 8 SEC. 1004. COMMUNITY DISASTER LOANS. 9 (a) TREATMENT AS STATE AND LOCAL GOVERN- 10 MENTS.—Notwithstanding section 102 of the Robert T. 11 Stafford Disaster Relief and Emergency Assistance Act 12 (42 U.S.C. 5122), for purposes of assistance under section 13 417 of the Robert T. Stafford Disaster Relief and Emer- 14 gency Assistance Act (42 U.S.C. 5184), with respect to 15 a covered disaster— 16 (1) Puerto Rico and the Virgin Islands shall be 17 deemed to be local governments; and 18 (2) an instrumentality or local government of 19 Puerto Rico or the Virgin Islands shall be deemed 20 to be a local government. 21 (b) REPAYMENT CANCELLATION.—Repayment of a 22 loan made to a local government in a covered disaster area 23 under section 417 of the Robert T. Stafford Disaster Re- 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 163 •S 2165 IS lief and Emergency Assistance Act (42 U.S.C. 5184), in- 1 cluding any interest on such loan, shall not be required. 2 (c) ELIGIBLE USE OF LOAN.—Any loan made to a 3 local government in a covered disaster area under section 4 417 of the Robert T. Stafford Disaster Relief and Emer- 5 gency Assistance Act (42 U.S.C. 5184) may be used at 6 the discretion of the loan recipient to pay the upfront costs 7 of any project relating to the covered disaster for which 8 amounts are awarded under the public assistance grant 9 program. 10 (d) LIMITATION ON USE OF LOAN.—Any loan made 11 under section 417 of the Robert T. Stafford Disaster Re- 12 lief and Emergency Assistance Act (42 U.S.C. 5184) in 13 a covered disaster area may not be used to pay principal 14 or interest due on a bond or other debt that was issued 15 or incurred before the date of the covered disaster. 16 SEC. 1005. WAIVER OF LIMIT ON MANAGEMENT COSTS. 17 For a covered disaster, the $20,000,000 limit on 18 management costs described in section 207.5(c) of title 44, 19 Code of Federal Regulations, or any successor thereto, 20 shall not apply. 21 SEC. 1006. MAXIMUM AMOUNT OF ASSISTANCE FOR INDI- 22 VIDUALS AND HOUSEHOLDS PROGRAM. 23 For purposes of financial assistance provided under 24 section 408 of the Robert T. Stafford Disaster Relief and 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 164 •S 2165 IS Emergency Assistance Act (42 U.S.C. 5174) to an indi- 1 vidual or household located in a covered disaster area, sub- 2 section (h)(1) of such section shall be applied by sub- 3 stituting ‘‘$67,000’’ for ‘‘$25,000’’. 4 SEC. 1007. AVAILABILITY OF TRANSLATORS. 5 (a) FEMA AND CORPS OF ENGINEERS.—Until the 6 end of the period for providing assistance relating to a 7 covered disaster, the Administrator of the Federal Emer- 8 gency Management Agency and the Chief of Engineers 9 shall ensure that the Federal Emergency Management 10 Agency and the Corps of Engineers, respectively, have 11 each assigned not less than 2 translators who are fluent 12 in English and Spanish to each of the following regions: 13 (1) The region surrounding San Juan, Puerto 14 Rico. 15 (2) The region surrounding Arecibo, Puerto 16 Rico. 17 (3) The region surrounding Mayagu¨ez, Puerto 18 Rico. 19 (4) The region surrounding Ponce, Puerto Rico. 20 (b) OTHER AGENCIES.—Until the end of the period 21 for providing assistance relating to a covered disaster, the 22 head of each other agency providing assistance in Puerto 23 Rico relating to a covered disaster shall ensure that the 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 165 •S 2165 IS agency has assigned not less than 1 translator who is flu- 1 ent in English and Spanish to Puerto Rico. 2 TITLE XI—EMERGENCY 3 FUNDING 4 Subtitle A—General Provisions 5 SEC. 1101. EXTENSION OF CLAIM FILING DEADLINE. 6 Notwithstanding any other provision of law, any re- 7 quest for assistance under the Robert T. Stafford Disaster 8 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 9 seq.) in relation to a covered disaster shall be submitted 10 not later than 240 days after the date of the covered dis- 11 aster. 12 SEC. 1102. EMERGENCY DESIGNATION. 13 Each amount appropriated under this Act is des- 14 ignated by the Congress as being for an emergency re- 15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 16 anced Budget and Emergency Deficit Control Act of 1985 17 (2 U.S.C. 901(b)(2)(A)(i)). 18 Subtitle B—Puerto Rico and Virgin 19 Islands Hurricane Damage Res- 20 toration Account 21 SEC. 1111. DEFINITIONS. 22 In this subtitle: 23 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 166 •S 2165 IS (1) CERTIFIED REQUISITION.—The term ‘‘cer- 1 tified requisition’’ means a requisition made under 2 section 1113. 3 (2) COVERED TERRITORY.—The term ‘‘covered 4 territory’’ means the Commonwealth of Puerto Rico 5 and the Virgin Islands. 6 (3) EMERGENCY AND RECOVERY PERIOD.—The 7 term ‘‘emergency and recovery period’’ means the 4- 8 year period beginning on the date of enactment of 9 this Act. 10 (4) FUND.—The term ‘‘Fund’’ means the Puer- 11 to Rico and United States Virgin Islands Hurricane 12 Damage Restoration Account established under sec- 13 tion 1112. 14 (5) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of the Treasury. 16 SEC. 1112. PUERTO RICO AND UNITED STATES VIRGIN IS- 17 LANDS HURRICANE DAMAGE RESTORATION 18 ACCOUNT. 19 (a) ESTABLISHMENT.—There is established on the 20 books of the Treasury of the United States an account 21 to be known as the Puerto Rico and United States Virgin 22 Islands Hurricane Damage Restoration Account. 23 (b) DISTRIBUTION OF FUNDS.—The Secretary shall 24 deposit funds granted under section 1113 to the Fund for 25 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 167 •S 2165 IS distribution to the covered territories and instrumental- 1 ities of the covered territories pursuant to the terms of 2 this Act. 3 SEC. 1113. ESTABLISHMENT AND OPERATION OF THE 4 PUERTO RICO AND VIRGIN ISLANDS EMER- 5 GENCY CREDIT FACILITY. 6 (a) EMERGENCY GRANT FUNDING.—There are here- 7 by appropriated, out of any funds in the Treasury not oth- 8 erwise appropriated, to the Fund such sums as may be 9 necessary to carry out this subtitle, for the exclusive pur- 10 pose of assisting the covered territories and the instrumen- 11 talities of covered territories to meet any cash-flow short- 12 falls that result from damage to the covered territories 13 caused by Hurricane Irma or Maria. 14 (b) DISBURSEMENTS.—Disbursements made from 15 the Fund are subject to the certified requisition under 16 subsection (d) and other conditions established by this 17 Act. 18 (c) GRANTS.—The Secretary shall make a grant, not 19 later than 10 days after the date on which the Secretary 20 receives a certified requisition, of funds from time to time 21 during the emergency and recovery period, out of any 22 money in the Treasury not otherwise appropriated, to 23 meet any cash-flow shortfalls that result from damage to 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 168 •S 2165 IS a covered territory or any instrumentality of a covered ter- 1 ritory caused by Hurricane Irma or Maria if— 2 (1) the Governor of the covered territory deter- 3 mines that disbursements provided under subsection 4 (b) and any supplemental amounts that may be 5 made available under subsection (a) through future 6 appropriations are inadequate to address any cash- 7 flow shortfalls that result from the damage to the 8 covered territory caused by Hurricane Irma or 9 Maria; and 10 (2) the conditions described in subsection (d) 11 are satisfied. 12 (d) CONDITIONS.—The Secretary shall make a grant 13 under this section if— 14 (1) the Governor of a covered territory, with re- 15 spect to Puerto Rico, or an authorized representative 16 of an instrumentality of the covered territory, in 17 consultation with appropriate authorities according 18 to the law of the covered territory, delivers to the 19 Secretary a certified requisition for a grant under 20 this section; and 21 (2) the Governor and appropriate authorities as 22 subject to the law of the covered territory certify 23 that the grant is necessary— 24 VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS 169 •S 2165 IS (A) to support the liquidity needs of the 1 covered territory or an instrumentality of the 2 territory, as applicable; and 3 (B) to meet ongoing recovery needs from 4 Hurricanes Maria and Irma. 5 (e) PROCEDURES.—Certified requisitions shall be 6 submitted on a quarterly basis. 7 (f) LIMITATION.—The total amount of grants made 8 under this subtitle shall not exceed— 9 (1) $57,206,000,000 with respect to Puerto 10 Rico; and 11 (2) $5,000,000,000 with respect to the Virgin 12 Islands. 13 Æ VerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6301 E:\BILLS\S2165.IS S2165 lotter on DSKBCFDHB2PROD with BILLS