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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Puerto Rico and Virgin Islands Equitable Rebuild Act 

6 of 2017’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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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 efficiency 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 territories. 

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. 


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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 enrollment 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 noninsured crop assistance program. 


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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 children. 

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 address 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 disabilities education act to facilitate the provision of educational 

services to children with disabilities. 

Sec. 653. Head Start and child care and development block grants. 


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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 Islands 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 Management. 

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 Islands 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 program. 

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 


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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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) provide for the desperate, immediate needs 

4 of the people of Puerto Rico and the Virgin Islands; 

5 (2) ensure that the recovery efforts in Puerto 

6 Rico and the Virgin Islands carried out by the Fed7 eral Government are driven by the local communities 

8 who were impacted by Hurricanes Irma and Maria; 

9 (3) implement recovery efforts in a way that al10 lows participation in transparent processes to ensure 

11 public input and oversight in long-term development; 

12 (4) prevent the erosion of long-term develop13 ment, local and municipal governing power, the 

14 rights of the people impacted, and their ability to in15 fluence their recovery; 

16 (5) protect labor, public engagement, local and 

17 municipal governing power, the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

19 and other protections; 

20 (6) address the real and imminent threats to 

21 Puerto Rico and the Virgin Islands from extreme 

22 weather events caused by anthropogenic climate 

23 change; and 


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1 (7) during the recovery efforts, prioritize, where 

2 possible— 

3 (A) mitigation of the causes of climate 

4 change by decreasing or eliminating dependence 

5 on fossil fuel use; 

6 (B) adaptation to the increasing climate 

7 impacts of extreme weather and sea level rise 

8 by rebuilding infrastructure to higher standards 

9 and supporting innovative solutions that can 

10 better withstand extreme weather and other 

11 risks; and 

12 (C) resiliency to ensure the safety and 

13 health of the people of Puerto Rico and the Vir14 gin Islands to ensure they withstand future 

15 threats and are able to efficiently and quickly 

16 recover from the next hurricanes that strike 

17 these islands. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) COVERED DISASTER.—The term ‘‘covered 

21 disaster’’ means a major disaster declared by the 

22 President under section 401 of the Robert T. Staf23 ford Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5170) with respect to Hurricane Irma or 

25 Hurricane Maria. 


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1 (2) COVERED DISASTER AREA.—The term ‘‘cov2 ered disaster area’’ means an area— 

3 (A) located in Puerto Rico or the Virgin 

4 Islands; and 

5 (B) for which the President declared a cov6 ered disaster. 

7 (3) PUBLIC ASSISTANCE GRANT PROGRAM.— 

8 The term ‘‘public assistance grant program’’ means 

9 the public assistance grant program authorized 

10 under sections 403, 406, 407, 418, 419, 428, and 

11 502(a) of the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5170b, 5172, 

13 5173, 5185, 5186, 5189f, and 5192(a)). 

14 (4) PUERTO RICO.—The term ‘‘Puerto Rico’’ 

15 means the Commonwealth of Puerto Rico. 

16 (5) VIRGIN ISLANDS.—The term ‘‘Virgin Is17 lands’’ means the Virgin Islands of the United 

18 States. 

19 TITLE I—DEBT 

20 SEC. 101. SENSE OF CONGRESS RELATING TO THE DEBT OF 

21 PUERTO RICO. 

22 It is the sense of Congress that— 

23 (1) Puerto Rico is experiencing a humanitarian 

24 crisis, and cannot meet the most basic and essential 

25 human needs with its outstanding debt; 


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1 (2) the people of Puerto Rico and their elected 

2 representatives should determine the long-term fu3 ture of the island; and 

4 (3) Puerto Rico’s debt should be relieved, and 

5 it is just and necessary to take steps to return con6 trol of Puerto Rico’s economy to the people of Puer7 to Rico and their elected representatives. 

8 SEC. 102. SENSE OF CONGRESS RELATING TO THE PRIVAT9 IZATION OF PUBLIC INSTITUTIONS IN PUER10 TO RICO AND THE VIRGIN ISLANDS. 

11 It is the sense of Congress that any efforts to pri12 vatize public entities in Puerto Rico and the Virgin Islands 

13 should be rejected. 

14 SEC. 103. SENSE OF CONGRESS RELATING TO THE APPLI15 CABILITY OF PROPOSED EXCISE TAX TO 

16 PUERTO RICO AND THE VIRGIN ISLANDS. 

17 It is the sense of Congress that if the Tax Cuts and 

18 Jobs Act (H.R. 1, 115th Congress) is enacted into law, 

19 section 4491 of the Internal Revenue Code of 1986 (as 

20 added by section 4303 of such Act), relating to the imposi21 tion of an excise tax on certain payments from domestic 

22 corporations to related foreign corporations, shall not 

23 apply to payments made by a domestic corporation to any 

24 related corporation created or organized in, or under the 

25 law of, a possession or territory of the United States. 


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1 TITLE II—INFRASTRUCTURE 

2 Subtitle A—Energy 

3 SEC. 201. ASSISTANCE FOR REBUILDING OF ELECTRIC 

4 GRID. 

5 (a) ASSISTANCE FOR REBUILDING OF ELECTRIC

6 GRID.—Assistance provided under section 406 of the Rob7 ert T. Stafford Disaster Relief and Emergency Assistance 

8 Act (42 U.S.C. 5172) for a covered disaster area may be 

9 used to repair or replace a public electric grid located in 

10 the covered disaster area in accordance with subsection 

11 (b). 

12 (b) REQUIREMENTS.— 

13 (1) IN GENERAL.—To be eligible for assistance 

14 under subsection (a), not later than 42 days after 

15 the date of enactment of this Act, Puerto Rico and 

16 the Virgin Islands shall complete a process adminis17 tered by the applicable energy or service regulatory 

18 commission, which shall include— 

19 (A) a general assessment of the current 

20 electricity needs of the customer classes and the 

21 future modernization and resiliency needs of a 

22 rebuilt electric power system; 

23 (B) establishing a transparent process to 

24 evaluate and develop criteria and standards to 


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1 evaluate potential projects for meeting the 

2 needs described in subparagraph (A); and 

3 (C) recommendations where funds should 

4 be directed for meeting the needs described in 

5 subparagraph (A) and implementing the 

6 projects described in subparagraph (B). 

7 (2) USE.—Assistance described in subsection 

8 (a)— 

9 (A) shall be used for projects that— 

10 (i) prioritize restoring power imme11 diately; and 

12 (ii) decrease or eliminate the use of 

13 imported fossil fuels for electricity and 

14 transportation, and increase the electric 

15 grid resilience to future hurricanes and 

16 other weather events, such as— 

17 (I) micro grids; 

18 (II) demand response tech19 nologies; 

20 (III) energy efficient solutions 

21 and technology; 

22 (IV) residential and utility scale 

23 solar projects, including thermal solar, 

24 photovoltaic modules, and con25 centrated solar and solar generators; 


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1 (V) onshore and offshore wind, 

2 both small and large scale; 

3 (VI) geothermal, hydro, marine 

4 and kinetic energy; and 

5 (VII) energy storage; and 

6 (B) may not be used for projects that in7 clude— 

8 (i) the construction, operation, or 

9 maintenance of new generation plants for 

10 the production of energy using sanitary 

11 waste landfill systems or fossil fuels of any 

12 kind, including diesel, oil, coal, and natural 

13 gas; or 

14 (ii) the construction of new liquefied 

15 natural gas import or export terminals or 

16 natural gas pipeline infrastructure of any 

17 kind. 

18 (c) AUDITING.—If Puerto Rico or the Virgin Islands 

19 receive assistance described in subsection (a), the applica20 ble energy or service regulatory commission shall appoint 

21 an independent auditor that shall— 

22 (1) oversee the expenditure of the assistance by 

23 the regulated utilities, the contractors and sub24 contractors thereof, and any subsidiary or successor 

25 entity; and 


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1 (2) submit to the applicable energy or service 

2 regulatory commission reports on the expenditure of 

3 funds under this section. 

4 (d) APPROPRIATION OF FUNDS.—Out of funds of the 

5 Treasury not otherwise appropriated, there is appro6 priated to the Administrator of the Federal Emergency 

7 Management Agency $13,000,000,000 for fiscal year 

8 2018, to remain available until expended, for carrying out 

9 the activities authorized under this section, and other re10 lated activities, including conservation and renewable re11 sources programs as authorized. 

12 SEC. 202. CLEAN ENERGY GRANTS. 

13 (a) ENERGY EFFICIENCY AND RENEWABLE EN14 ERGY.— 

15 (1) IN GENERAL.—Out of funds of the Treas16 ury not otherwise appropriated, there is appro17 priated to the Energy Efficiency and Renewable En18 ergy Account of the Department of Energy 

19 $100,000,000 for fiscal year 2018, to remain avail20 able until expended and subject to paragraph (2), to 

21 provide to Puerto Rico and the Virgin Islands, on a 

22 competitive basis and in accordance with the applica23 ble allocation formula, to provide grants under the 

24 programs described in that paragraph. 


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1 (2) MINIMUM ALLOCATION.—Of the amounts 

2 made available under paragraph (1)— 

3 (A) not less than $19,200,000 shall be 

4 made available to each of Puerto Rico and the 

5 Virgin Islands, to remain available until ex6 pended, for grants under the Energy Efficiency 

7 and Conservation Block Grant Program estab8 lished under section 542(a) of the Energy Inde9 pendence and Security Act of 2007 (42 U.S.C. 

10 17152(a)), to be allocated in accordance with 

11 section 543 of that Act (42 U.S.C. 17153), 

12 after taking into account, for purposes of calcu13 lating distributions under subsection (b) of that 

14 section, the most recent and accurate popu15 lation data available as of the date of the cal16 culation; 

17 (B) not less than $1,700,000 shall be 

18 made available to Puerto Rico and not less than 

19 $390,000 shall be made available to the Virgin 

20 Islands, to remain available until expended, for 

21 grants under the Weatherization Assistance 

22 Program for Low-Income Persons established 

23 under part A of title IV of the Energy Con24 servation and Production Act (42 U.S.C. 6861 

25 et seq.); and 


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1 (C) not less $950,000 shall be made avail2 able to Puerto Rico and not less than $430,000 

3 shall be made available to the Virgin Islands, to 

4 remain available until expended, for grants to 

5 carry out State energy conservation programs 

6 under part D of title III of the Energy Policy 

7 and Conservation Act (42 U.S.C. 6321 et seq.). 

8 (b) LOW-INCOME HOME ENERGY ASSISTANCE PRO9 GRAM.—Out of funds of the Treasury not otherwise appro10 priated, there is appropriated to the Secretary of Health 

11 and Human Services $31,600,000 for fiscal year 2018, to 

12 remain available until expended, to provide, on a competi13 tive basis, grants authorized under section 2602(a) of the 

14 Low-Income Home Energy Assistance Act of 1981 (42 

15 U.S.C. 8621(a)), to be allocated in accordance with any 

16 applicable formulas under that Act, of which— 

17 (1) $30,400,000 shall be made available to 

18 Puerto Rico; and 

19 (2) $1,200,000 shall be made available to the 

20 Virgin Islands. 

21 (c) ELECTRICITY DELIVERY AND ENERGY RELI22 ABILITY.—Out of funds of the Treasury not otherwise ap23 propriated, there is appropriated to the Electricity Deliv24 ery and Energy Reliability Account of the Department of 


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1 Energy $6,500,000 for fiscal year 2018, to remain avail2 able until expended— 

3 (1) to conduct electricity delivery and energy re4 liability activities to modernize the electric grid in 

5 Puerto Rico and the Virgin Islands, including— 

6 (A) the use of demand responsive equip7 ment; 

8 (B) enhancing the security and reliability 

9 of energy infrastructure; 

10 (C) providing for the conduct of research 

11 relating to, and the development, demonstra12 tion, and deployment of, energy storage; and 

13 (D) facilitating recovery from disruptions 

14 to the energy supply; and 

15 (2) to implement programs authorized under 

16 title XIII of the Energy Independence and Security 

17 Act of 2007 (42 U.S.C. 17381 et seq.) in Puerto 

18 Rico and the Virgin Islands. 


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1 Subtitle B—Energy Infrastructure 

2 Incentives 

3 SEC. 211. GRANT PROGRAM TO PROMOTE ACCESS TO RE4 NEWABLE ENERGY AND ENERGY EFFICIENCY 

5 FOR PUERTO RICO AND THE VIRGIN IS6 LANDS. 

7 (a) IN GENERAL.—Upon application, the Secretary 

8 of the Treasury shall, subject to the requirements of this 

9 section, provide a grant to each eligible person who places 

10 in service specified energy property in Puerto Rico or the 

11 Virgin Islands to reimburse such person for a portion of 

12 the expense of such property as provided in subsection (b). 

13 No grant shall be made under this section with respect 

14 to any property unless— 

15 (1) in the case of specified energy property 

16 which is described in paragraph (1) of section 45(d) 

17 or clause (i) of section 48(a)(3)(A) of the Internal 

18 Revenue Code of 1986 (determined without regard 

19 to any date by which construction must begin), the 

20 construction of such property begins after Sep21 tember 20, 2017, and 

22 (2) in the case of any other specified energy 

23 property, such property is placed in service after 

24 September 20, 2017. 

25 (b) GRANT AMOUNT.— 


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1 (1) IN GENERAL.—The amount of the grant 

2 under subsection (a) with respect to any specified 

3 energy property shall be 30 percent of the basis of 

4 such property. 

5 (2) DOLLAR LIMITATIONS.—In the case of 

6 property described in paragraph (1), (2), (6), or (7) 

7 of subsection (d), the amount of any grant under 

8 this section with respect to such property shall not 

9 exceed the limitation described in section 

10 48(a)(5)(E), 48(c)(1)(B), 48(c)(2)(B), or 

11 48(c)(3)(B) of the Internal Revenue Code of 1986, 

12 respectively, with respect to such property. 

13 (c) TIME FOR PAYMENT OF GRANT.—The Secretary 

14 of the Treasury shall make payment of any grant under 

15 subsection (a) during the 60-day period subsequent to the 

16 date of the application for such grant. 

17 (d) SPECIFIED ENERGY PROPERTY.—For purposes 

18 of this section, the term ‘‘specified energy property’’ 

19 means any of the following: 

20 (1) QUALIFIED FACILITIES.—Any qualified 

21 property (as defined in section 48(a)(5)(D) of the 

22 Internal Revenue Code of 1986) which is part of a 

23 qualified facility (within the meaning of section 45 

24 of such Code) described in paragraph (1), (4), (9), 

25 or (11) of section 45(d) of such Code (determined 


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1 without regard to any date by which construction 

2 must begin). 

3 (2) QUALIFIED FUEL CELL PROPERTY.—Any 

4 qualified fuel cell property (as defined in section 

5 48(c)(1) of such Code, determined without regard to 

6 any termination date). 

7 (3) SOLAR PROPERTY.—Any property described 

8 in clause (i) or (ii) of section 48(a)(3)(A) of such 

9 Code (determined without regard to any termination 

10 date). 

11 (4) QUALIFIED SMALL WIND ENERGY PROP12 ERTY.—Any qualified small wind energy property 

13 (as defined in section 48(c)(4) of such Code, deter14 mined without regard to any termination date). 

15 (5) GEOTHERMAL PROPERTY.—Any property 

16 described in clause (iii) of section 48(a)(3)(A) of 

17 such Code. 

18 (6) QUALIFIED MICROTURBINE PROPERTY.— 

19 Any qualified microturbine property (as defined in 

20 section 48(c)(2) of such Code, determined without 

21 regard to any termination date). 

22 (7) COMBINED HEAT AND POWER SYSTEM

23 PROPERTY.—Any combined heat and power system 

24 property (as defined in section 48(c)(3) of such 


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1 Code, determined without regard to subparagraph 

2 (A)(iv) thereof). 

3 (8) GEOTHERMAL HEAT PUMP PROPERTY.— 

4 Any property described in clause (vii) of section 

5 48(a)(3)(A) of such Code (determined without re6 gard to any termination date). 

7 (9) RESIDENTIAL ENERGY EFFICIENT PROP8 ERTY.—Any property or equipment described in sub9 section (c) of section 25D of such Code (determined 

10 without regard to subsection (h) of such section). 

11 Such term shall not include any property unless deprecia12 tion (or amortization in lieu of depreciation) is allowable 

13 (or would be allowable if section 933 of the Internal Rev14 enue Code of 1986 were not taken into account) with re15 spect to such property. 

16 (e) ELIGIBLE PERSON.—For purposes of this section, 

17 the term ‘‘eligible person’’ means— 

18 (1) any individual that is a bona fide resident 

19 (as defined under section 937 of the Internal Rev20 enue Code of 1986) of Puerto Rico or the Virgin Is21 lands, and 

22 (2) any corporation which is organized under 

23 the laws of Puerto Rico or the Virgin Islands. 

24 (f) OTHER DEFINITIONS.—Terms used in this sec25 tion which are also used in section 45 or 48 of the Internal 


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1 Revenue Code of 1986 shall have the same meaning for 

2 purposes of this section as when used in such section 45 

3 or 48. Any reference in this section to the Secretary of 

4 the Treasury shall be treated as including the Secretary’s 

5 delegate. 

6 (g) APPLICATION OF CERTAIN RULES.—In making 

7 grants under this section, the Secretary of the Treasury 

8 shall apply rules similar to the rules of section 50 of the 

9 Internal Revenue Code of 1986, except that in applying 

10 subsection (b)(1) thereof ‘‘Puerto Rico or the Virgin Is11 lands’’ shall be substituted for ‘‘United States’’. In apply12 ing such rules, if the property is disposed of, or otherwise 

13 ceases to be specified energy property, the Secretary of 

14 the Treasury shall provide for the recapture of the appro15 priate percentage of the grant amount in such manner as 

16 the Secretary of the Treasury determines appropriate. 

17 (h) APPROPRIATIONS.—For fiscal year 2018, there is 

18 hereby appropriated to the Secretary of the Treasury— 

19 (1) for providing grants for specified energy 

20 property placed in service in Puerto Rico, 

21 $270,000,000, and 

22 (2) for providing grants for specified energy 

23 property placed in service in the Virgin Islands, 

24 $20,000,000, 

25 to remain available until expended. 


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1 SEC. 212. INCENTIVES FOR ENERGY EFFICIENT COMMER2 CIAL BUILDINGS. 

3 (a) GRANT PROGRAM FOR PUERTO RICO AND THE

4 VIRGIN ISLANDS.— 

5 (1) IN GENERAL.—Upon application, the Sec6 retary of the Treasury shall, subject to the require7 ments of this subsection, provide a grant to each eli8 gible person who places in service energy efficient 

9 commercial building property to reimburse such per10 son for a portion of the expense of such property as 

11 provided in paragraph (2). No grant shall be made 

12 under this subsection with respect to any property 

13 unless such property is placed in service after Sep14 tember 20, 2017. 

15 (2) GRANT AMOUNT.—The amount of the grant 

16 under paragraph (1) with respect to any energy effi17 cient commercial building property shall be equal to 

18 the product of— 

19 (A) 35 percent, and 

20 (B) the excess of— 

21 (i) the product of— 

22 (I) $1.80, and 

23 (II) the square footage of the 

24 building, over 


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1 (ii) the aggregate amount of all prior 

2 grants under paragraph (1) with respect to 

3 the building. 

4 (3) TIME FOR PAYMENT OF GRANT.—The Sec5 retary of the Treasury shall make payment of any 

6 grant under paragraph (1) during the 60-day period 

7 beginning on the later of— 

8 (A) the date of the application for such 

9 grant, or 

10 (B) the date the energy efficient commer11 cial building property for which the grant is 

12 being made is placed in service. 

13 (4) ENERGY EFFICIENT COMMERCIAL BUILDING

14 PROPERTY.—For purposes of this subsection, the 

15 term ‘‘energy efficient commercial building prop16 erty’’ has the meaning given such term under sec17 tion 179D(c) of the Internal Revenue Code of 1986, 

18 except that— 

19 (A) the determination of whether deprecia20 tion (or amortization in lieu of depreciation) is 

21 allowable under such section 179D(c)(1)(A) 

22 shall be made without regard to section 933 of 

23 such Code, 


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1 (B) such section 179D(c)(1)(B)(i) shall be 

2 applied by substituting ‘‘Puerto Rico or the Vir3 gin Islands’’ for ‘‘the United States’’, and 

4 (C) subsection (h) of section 179D of such 

5 Code shall not apply. 

6 (5) ELIGIBLE PERSON.—For purposes of this 

7 subsection, the term ‘‘eligible person’’ means— 

8 (A) any individual that is a bona fide resi9 dent (as defined under section 937 of the Inter10 nal Revenue Code of 1986) of Puerto Rico or 

11 the Virgin Islands, and 

12 (B) any corporation which is organized 

13 under the laws of Puerto Rico or the Virgin Is14 lands. 

15 (6) SECRETARY OF THE TREASURY.—Any ref16 erence in this subsection to the Secretary of the 

17 Treasury shall be treated as including the Sec18 retary’s delegate. 

19 (7) APPLICATION OF SPECIAL RULES.—Rules 

20 similar to the rules of subsections (d), (f), and (g) 

21 of section 179D of the Internal Revenue Code of 

22 1986 shall apply with respect to grants under this 

23 subsection. 

24 (b) APPROPRIATIONS.—For fiscal year 2018, there is 

25 hereby appropriated to the Secretary of the Treasury 


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1 $11,500,000, to remain available until expended, to carry 

2 out the purposes of this section. 

3 SEC. 213. INCENTIVES FOR NEW ENERGY EFFICIENT 

4 HOMES. 

5 (a) GRANT PROGRAM FOR PUERTO RICO AND THE

6 VIRGIN ISLANDS.— 

7 (1) IN GENERAL.—Upon application, the Sec8 retary of the Treasury shall, subject to the require9 ments of this subsection, provide a grant to each eli10 gible contractor with respect to each qualified new 

11 energy efficient home which is— 

12 (A) constructed by an eligible contractor, 

13 and 

14 (B) acquired by a person from such eligible 

15 contractor for use as a residence. 

16 No grant shall be made under this subsection with 

17 respect to any qualified new energy efficient home 

18 unless such home is acquired by another person for 

19 use as a residence after September 20, 2017. 

20 (2) AMOUNT OF GRANT.—The amount of the 

21 grant under paragraph (1) with respect to any quali22 fied new energy efficient home is an amount equal 

23 to— 


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1 (A) in the case of a dwelling unit described 

2 in paragraph (1) or (2) of section 45L(c) of the 

3 Internal Revenue Code of 1986, $2,000, and 

4 (B) in the case of a dwelling unit described 

5 in paragraph (3) of section 45L(c) of the Inter6 nal Revenue Code of 1986, $1,000. 

7 (3) TIME FOR PAYMENT OF GRANT.—The Sec8 retary of the Treasury shall make payment of any 

9 grant under paragraph (1) during the 60-day period 

10 beginning on the later of— 

11 (A) the date of the application for such 

12 grant, or 

13 (B) the date the qualified new energy effi14 cient home for which the grant is acquired by 

15 another person for use as a residence. 

16 (4) QUALIFIED NEW ENERGY EFFICIENT

17 HOME.—For purposes of this subsection, the term 

18 ‘‘qualified new energy efficient home’’ has the mean19 ing given such term under section 45L(b)(2) of the 

20 Internal Revenue Code of 1986, except that— 

21 (A) subparagraph (A) thereof shall be ap22 plied by substituting ‘‘Puerto Rico or the Virgin 

23 Islands’’ for ‘‘the United States’’, and 


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1 (B) subparagraph (B) thereof shall be ap2 plied by substituting ‘‘September 20, 2017’’ for 

3 ‘‘the date of the enactment of this section’’. 

4 (5) ELIGIBLE CONTRACTOR.—For purposes of 

5 this subsection, the term ‘‘eligible contractor’’ 

6 means— 

7 (A) a person who constructed the qualified 

8 new energy efficient home, or 

9 (B) in the case of a qualified new energy 

10 efficient home which is a manufactured home, 

11 the manufactured home producer of such home. 

12 (6) OTHER TERMS.—Terms used in this sub13 section which are also used in section 45L of the In14 ternal Revenue Code of 1986 shall have the same 

15 meaning for purposes of this subsection as when 

16 used in section 45L. Any reference in this subsection 

17 to the Secretary of the Treasury shall be treated as 

18 including the Secretary’s delegate. 

19 (b) APPROPRIATIONS.—For fiscal year 2018, there is 

20 hereby appropriated to the Secretary of the Treasury 

21 $30,800,000, to remain available until expended, to carry 

22 out the purposes of this section. 


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1 SEC. 214. INCENTIVES FOR ALTERNATIVE MOTOR VEHI2 CLES AND QUALIFIED PLUG-IN ELECTRIC 

3 DRIVE MOTOR VEHICLES. 

4 (a) GRANT PROGRAM FOR PUERTO RICO AND THE

5 VIRGIN ISLANDS.— 

6 (1) IN GENERAL.—Upon application, the Sec7 retary of the Treasury shall, subject to the require8 ments of this subsection, provide a grant to each eli9 gible person who places in service a qualified vehicle 

10 to reimburse such person for a portion of the ex11 pense of such vehicle as provided in paragraph (2). 

12 No grant shall be made under this subsection with 

13 respect to any vehicle unless such vehicle is placed 

14 in service after September 20, 2017. 

15 (2) GRANT AMOUNT.— 

16 (A) IN GENERAL.—The amount of the 

17 grant under paragraph (1) with respect to any 

18 qualified vehicle shall be an amount equal to— 

19 (i) in the case of a vehicle described in 

20 subparagraph (A) of paragraph (4), the 

21 amount of the credit for such vehicle as de22 termined under subsection (b) of section 

23 30B of the Internal Revenue Code of 

24 1986, 

25 (ii) in the case of a vehicle described 

26 in subparagraph (B) of such paragraph, 


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1 the amount of the credit for such vehicle 

2 as determined under subsection (d)(2)(A) 

3 of such section, 

4 (iii) in the case of a vehicle described 

5 in subparagraph (C) of such paragraph, 

6 the amount of the credit for such vehicle 

7 as determined under subsection (i)(1) of 

8 such section, 

9 (iv) in the case of a vehicle described 

10 in subparagraph (D) of such paragraph, 

11 the amount of the credit for such vehicle 

12 as determined under subsection (b) of sec13 tion 30D of the Internal Revenue Code of 

14 1986, except that in applying paragraph 

15 (3) of such subsection, ‘‘$7,500’’ shall be 

16 substituted for ‘‘$5,000’’, and 

17 (v) in the case of a vehicle described 

18 in subparagraph (E) of such paragraph, 

19 the applicable amount for such vehicle as 

20 determined under subsection (g)(2) of such 

21 section. 

22 (B) INAPPLICABILITY OF CREDIT TERMI23 NATION DATE.—For purposes of subparagraph 

24 (A), in determining the amount of the credit 

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1 enue Code of 1986, as applicable, such deter2 mination shall be made without regard to any 

3 termination date under such section. 

4 (3) TIME FOR PAYMENT OF GRANT.—The Sec5 retary of the Treasury shall make payment of any 

6 grant under paragraph (1) during the 60-day period 

7 beginning on the later of— 

8 (A) the date of the application for such 

9 grant, or 

10 (B) the date the qualified vehicle for which 

11 the grant is being made is placed in service. 

12 (4) QUALIFIED VEHICLE.—For purposes of this 

13 subsection, the term ‘‘qualified vehicle’’ means— 

14 (A) any new qualified fuel cell motor vehi15 cle, as defined in subsection (b)(3) of section 

16 30B of the Internal Revenue Code of 1986, 

17 (B) any new qualified hybrid motor vehicle, 

18 as defined in subsection (d)(3) of such section, 

19 which is a passenger automobile or light truck 

20 and which has a gross vehicle weight rating of 

21 not more than 8,500 pounds, 

22 (C) any motor vehicle which is converted to 

23 a qualified plug-in electric drive motor vehicle, 

24 as described in subsection (i)(1) of such section, 


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1 (D) any new qualified plug-in electric drive 

2 motor vehicle, as defined in subsection (d)(1) of 

3 section 30D of the Internal Revenue Code of 

4 1986, and 

5 (E) any qualified 2- or 3-wheeled plug-in 

6 electric vehicle, as defined in subsection (g)(3) 

7 of such section. 

8 (5) ELIGIBLE PERSON.—For purposes of this 

9 subsection, the term ‘‘eligible person’’ means— 

10 (A) any individual that is a bona fide resi11 dent (as defined under section 937 of the Inter12 nal Revenue Code of 1986) of Puerto Rico or 

13 the Virgin Islands, and 

14 (B) any corporation which is organized 

15 under the laws of Puerto Rico or the Virgin Is16 lands. 

17 (6) SECRETARY OF THE TREASURY.—Any ref18 erence in this subsection to the Secretary of the 

19 Treasury shall be treated as including the Sec20 retary’s delegate. 

21 (b) APPROPRIATIONS.—For fiscal year 2018, there is 

22 hereby appropriated to the Secretary of the Treasury 

23 $16,800,000, to remain available until expended, to carry 

24 out the purposes of this section. 


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1 Subtitle C—Transportation, Hous2 ing, and Agriculture Incentives 

3 SEC. 221. GENERAL PROVISIONS. 

4 (a) WAIVER OF NON-FEDERAL SHARE.—Notwith5 standing any other provision of law, the non-Federal share 

6 of the cost of any program or activity carried out using 

7 funds provided under this subtitle shall be zero. 

8 (b) MAINTENANCE OF FUNDING; ADMINISTRATIVE

9 EXPENSES.— 

10 (1) MAINTENANCE OF FUNDING.—The funding 

11 provided to any program or account under this sub12 title shall supplement (and not supplant) any fund13 ing provided for that program or account under any 

14 other provision of law. 

15 (2) ADMINISTRATIVE EXPENSES.—Notwith16 standing any other provision of law (including regu17 lations), of any funds provided for a program or ac18 count under this subtitle, the applicable Federal de19 partment or agency head may use such percentage 

20 for administrative expenses as is established by the 

21 limitation for administrative expenses in applicable 

22 laws (including regulations) relating to the program 

23 or activity. 


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1 SEC. 222. HIGHWAY PROGRAM. 

2 (a) FUNDING.—Out of funds of the Treasury not oth3 erwise appropriated, there is appropriated to the Secretary 

4 of Transportation $4,500,000,000 for fiscal year 2018, to 

5 remain available until expended, of which— 

6 (1) $3,000,000,000 shall be made available to 

7 carry out the Puerto Rico Highway Program under 

8 section 165(b) of title 23, United States Code; and 

9 (2) $1,500,000,000 shall be made available to 

10 carry out the territorial highway program in the Vir11 gin Islands under section 165(c) of title 23, United 

12 States Code. 

13 (b) CONFORMING AMENDMENTS.—Section 165(a) of 

14 title 23, United States Code, is amended— 

15 (1) in paragraph (1), by striking 

16 ‘‘$158,000,000’’ and inserting ‘‘$3,158,000,000’’; 

17 and 

18 (2) in paragraph (2), by striking 

19 ‘‘$42,000,000’’ and inserting ‘‘$1,542,000,000’’. 

20 SEC. 223. FEDERAL-AID HIGHWAYS EMERGENCY RELIEF 

21 PROGRAM. 

22 Notwithstanding subsection (d)(4) of section 125 of 

23 title 23, United States Code, out of funds of the Treasury 

24 not otherwise appropriated, there is appropriated to the 

25 emergency fund established under that section 

26 $2,122,000,000 for fiscal year 2018, to remain available 


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1 until expended, for the repair or reconstruction of high2 ways, roads, and trails in Puerto Rico and the Virgin Is3 lands. 

4 SEC. 224. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

5 PROGRAM. 

6 Out of funds of the Treasury not otherwise appro7 priated, there is appropriated $424,000,000 for fiscal year 

8 2018, to remain available until expended, to the Secretary 

9 of Transportation for the ‘‘Public Transportation Emer10 gency Relief Program’’ as authorized under section 5324 

11 of title 49, United States Code, for recovery and relief ef12 forts in Puerto Rico and the Virgin Islands: Provided, 

13 That not more than three-quarters of 1 percent of the 

14 funds retained for public transportation emergency relief 

15 shall be available for the purposes of administrative ex16 penses and ongoing program management oversight as au17 thorized under sections 5334 and 5338(f)(2) of title 49, 

18 United States Code, and shall be in addition to any other 

19 appropriations for such purposes. 

20 SEC. 225. TIGER DISCRETIONARY GRANTS. 

21 (a) DEFINITION OF TIGER DISCRETIONARY

22 GRANT.—In this section, the term ‘‘TIGER discretionary 

23 grant’’ means a grant awarded and administered by the 

24 Secretary of Transportation using funds made available 

25 for national infrastructure investments under title I of diVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 vision L of the Consolidated Appropriations Act, 2016 

2 (Public Law 114–113; 129 Stat. 2835). 

3 (b) REQUIREMENT.—Out of funds of the Treasury 

4 not otherwise appropriated, there is appropriated to the 

5 Secretary of Transportation $250,000,000 for fiscal year 

6 2018, to remain available until expended, to award 

7 TIGER discretionary grants for eligible programs and ac8 tivities in Puerto Rico and the Virgin Islands. 

9 SEC. 226. PASSENGER AND FREIGHT RAIL IMPROVEMENTS. 

10 (a) FUNDING.—Out of funds of the Treasury not oth11 erwise appropriated, there is appropriated to the Secretary 

12 of Transportation $600,000,000 for fiscal year 2018, to 

13 remain available until expended, for planning and capital 

14 costs to build, improve, or expand passenger and freight 

15 rail projects in Puerto Rico under titles 23 and 49, United 

16 States Code. 

17 (b) ELIGIBLE USES.—Of the amounts made available 

18 for each fiscal year under subsection (a)— 

19 (1) not more than 15 percent may be used for 

20 temporary operating assistance for such rail and 

21 transit projects as the Secretary of Transportation 

22 determines to be eligible; and 

23 (2) not more than 50 percent may be allocated 

24 to another transportation capital investment account 


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1 funded under this Act, on approval of the Secretary 

2 of Transportation. 

3 SEC. 227. AIRPORT IMPROVEMENT PROGRAM. 

4 Out of funds of the Treasury not otherwise appro5 priated, there is appropriated to the Secretary of Trans6 portation $200,000,000 for fiscal year 2018, to remain 

7 available until expended, to make grants under the Airport 

8 Improvement Program under subchapter I of chapter 471 

9 of title 49, United States Code, for eligible programs and 

10 activities in Puerto Rico and the Virgin Islands. 

11 SEC. 228. AIRPORT FACILITIES AND EQUIPMENT. 

12 Out of funds of the Treasury not otherwise appro13 priated, there is appropriated to the Facilities and Equip14 ment Account of the Federal Aviation Administration 

15 $200,000,000 for fiscal year 2018, to remain available 

16 until expended, for expenses in Puerto Rico and the Virgin 

17 Islands, including expenses related to the consequences of 

18 Hurricanes Maria and Irma in Puerto Rico and the Virgin 

19 Islands. 

20 SEC. 229. CLEAN AND SAFE WATER REVOLVING FUNDS. 

21 Out of funds of the Treasury not otherwise appro22 priated, there is appropriated to the Administrator of the 

23 Environmental Protection Agency for fiscal year 2018— 

24 (1) $125,000,000, to remain available until ex25 pended, to make capitalization grants to Puerto Rico 


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1 and the Virgin Islands for the purpose of estab2 lishing and maintaining water pollution control re3 volving funds under title VI of the Federal Water 

4 Pollution Control Act (33 U.S.C. 1381 et seq.); and 

5 (2) $125,000,000, to remain available until ex6 pended, to make capitalization grants to Puerto Rico 

7 and the Virgin Islands for the purpose of estab8 lishing and maintaining drinking water treatment 

9 revolving loan funds under section 1452(a) of the 

10 Safe Drinking Water Act (42 U.S.C. 300j–12(a)). 

11 SEC. 230. CONSTRUCTION OF FERRY BOATS AND FERRY 

12 TERMINAL FACILITIES. 

13 Out of funds of the Treasury not otherwise appro14 priated, there is appropriated to the Secretary of Trans15 portation $25,000,000 for fiscal year 2018, to remain 

16 available until expended, for the construction of ferry 

17 boats and ferry terminal facilities in Puerto Rico and the 

18 Virgin Islands under section 147 of title 23, United States 

19 Code. 

20 SEC. 231. CORPS OF ENGINEERS FUNDS. 

21 (a) CONSTRUCTION ACCOUNT.—Out of funds of the 

22 Treasury not otherwise appropriated, there is appro23 priated to the Construction Account of the Corps of Engi24 neers $3,255,000,000 for fiscal year 2018, to remain 

25 available until expended, for authorized navigation, coastal 


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1 storm and riverine flood damage reduction, ecosystem res2 toration, and environmental infrastructure assistance ac3 tivities, of which— 

4 (1) $1,830,000,000 is for such activities in 

5 Puerto Rico, with priority given to dredging the 

6 Can ̃o Martı ́n Pen ̃a; and 

7 (2) $1,425,000,000 is for such activities in the 

8 Virgin Islands. 

9 (b) OPERATIONS AND MAINTENANCE ACCOUNT.— 

10 Out of funds of the Treasury not otherwise appropriated, 

11 there is appropriated to the Operations and Maintenance 

12 Account of the Corps of Engineers $375,000,000 for fiscal 

13 year 2018, to remain available until expended, for eligible 

14 operations and maintenance costs of coastal harbors and 

15 channels, and for inland harbors, to improve the move16 ment of goods through marine ports in Puerto Rico and 

17 the Virgin Islands. 

18 SEC. 232. PREDISASTER HAZARD MITIGATION AND RESIL19 IENCY. 

20 Out of funds of the Treasury not otherwise appro21 priated, there is appropriated to the Director of the Fed22 eral Emergency Management Agency $250,000,000 for 

23 fiscal year 2018, to remain available until expended, to 

24 carry out in Puerto Rico and the Virgin Islands minor lo25 calized flood reduction projects and major flood risk reVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 duction projects under the predisaster hazard mitigation 

2 program under section 203 of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act (42 U.S.C. 

4 5133). 

5 SEC. 233. BROADBAND PROGRAMS. 

6 (a) BROADBAND INITIATIVES PROGRAM.—Out of 

7 funds of the Treasury not otherwise appropriated, there 

8 is appropriated $150,000,000 for fiscal year 2018, to re9 main available until expended, for the broadband initia10 tives program established under title VI of the Rural Elec11 trification Act of 1936 (7 U.S.C. 950bb et seq.) to expand 

12 access to, and the quality of, broadband service across 

13 Puerto Rico and the Virgin Islands, with preference given 

14 to— 

15 (1) public or cooperatively owned telecommuni16 cations systems; or 

17 (2) telecommunications systems that provide 

18 telehealth, distance learning, and public safety bene19 fits. 

20 (b) BROADBANDUSA PROGRAM.—Out of funds of 

21 the Treasury not otherwise appropriated, there is appro22 priated $150,000,000 for fiscal year 2018, to remain 

23 available until expended, to the National Telecommuni24 cations and Information Administration to carry out the 


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1 BroadbandUSA program in Puerto Rico and the Virgin 

2 Islands, with preference given to— 

3 (1) public or cooperatively owned telecommuni4 cations systems; or 

5 (2) telecommunications systems that provide 

6 telehealth, distance learning, and public safety bene7 fits. 

8 SEC. 234. HOUSING AND COMMUNITY DEVELOPMENT. 

9 (a) HOME INVESTMENT PARTNERSHIPS PRO10 GRAM.— 

11 (1) ALL PARTICIPATING JURISDICTIONS.—Out 

12 of funds of the Treasury not otherwise appropriated, 

13 there is appropriated $85,000,000 for fiscal year 

14 2018, to remain available until expended, for the 

15 HOME Investment Partnerships program authorized 

16 under title II of the Cranston-Gonzalez National Af17 fordable Housing Act (42 U.S.C. 12721 et seq.)— 

18 (A) to be allocated between Puerto Rico 

19 and the Virgin Islands in the same proportion 

20 as for the most recent fiscal year; and 

21 (B) of which the amount allocated to Puer22 to Rico under subparagraph (A) shall be allo23 cated proportionately among participating juris24 dictions in Puerto Rico in accordance with the 


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1 allocation among such jurisdictions for the most 

2 recent fiscal year. 

3 (2) CAN ̃O MARTI ́N PEN ̃A COMMUNITIES.—Out of 

4 funds of the Treasury not otherwise appropriated, in 

5 addition to the amount appropriated under para6 graph (1), there is appropriated $15,000,000 for fis7 cal year 2018, to remain available until expended, 

8 for the HOME Investment Partnerships program 

9 authorized under title II of the Cranston-Gonzalez 

10 National Affordable Housing Act (42 U.S.C. 12721 

11 et seq.) to be allocated to the HOME Investment 

12 Partnership Program of the Municipality of San 

13 Juan for use by the Can ̃o Martı ́n Pen ̃a Community 

14 Land Trust (also known as ‘‘El Fedeicomiso de la 

15 Tierra del Can ̃o Martı ́n Pen ̃a’’) to create, improve, 

16 and rehabilitate affordable housing in the 8 Can ̃o 

17 Martı ́n Pen ̃a communities, including for the costs of 

18 relocating homes from the banks of the channel to 

19 other locations in the community. 

20 (b) COMMUNITY DEVELOPMENT BLOCK GRANT PRO21 GRAM.— 

22 (1) ALL JURISDICTIONS.—Out of funds of the 

23 Treasury not otherwise appropriated, there is appro24 priated $300,000,000 for fiscal year 2018, to remain 

25 available until expended, for the community developVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 ment block grant program under title I of the Hous2 ing and Community Development Act of 1974 (42 

3 U.S.C. 5301 et seq.)— 

4 (A) to be allocated between Puerto Rico 

5 and the Virgin Islands in the same proportion 

6 as for the most recent fiscal year; and 

7 (B) of which the amount allocated to Puer8 to Rico under subparagraph (A) shall be allo9 cated proportionately among entitlement com10 munities and nonentitlement communities in 

11 Puerto Rico in accordance with the allocation 

12 among such communities for the most recent 

13 fiscal year. 

14 (2) CAN ̃O MARTI ́N PEN ̃A COMMUNITIES.—Out of 

15 funds of the Treasury not otherwise appropriated, in 

16 addition to the amount appropriated under para17 graph (1), there is appropriated $25,000,000 for fis18 cal year 2018, to remain available until expended, 

19 for the community development block grant program 

20 under title I of the Housing and Community Devel21 opment Act of 1974 (42 U.S.C. 5301 et seq.) to be 

22 allocated to the Municipality of San Juan for use by 

23 the Martı ́n Pen ̃a Canal ENLACE Project Corpora24 tion (also known as ‘‘La Corporacio ́n del Proyecto 

25 ENLACE del Can ̃o Martı ́n Pen ̃a’’) for housing, 


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1 community, and economic development in the 8 

2 Can ̃o Martı ́n Pen ̃a communities. 

3 (c) LOW-INCOME HOUSING OPERATING SUBSIDY.— 

4 Out of funds of the Treasury not otherwise appropriated, 

5 there is appropriated $41,200,000 for fiscal year 2018, 

6 to remain available until expended, for payments to public 

7 housing agencies for the operation and management of 

8 public housing, as authorized under section 9(e) of the 

9 United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

10 of which— 

11 (1) $40,000,000 is for such payments to public 

12 housing agencies in Puerto Rico; and 

13 (2) $1,200,000 is for such payments to public 

14 housing agencies in the Virgin Islands. 

15 (d) CHOICE NEIGHBORHOODS PROGRAM.—Out of 

16 funds of the Treasury not otherwise appropriated, there 

17 is appropriated $172,000,000 for fiscal year 2018, to re18 main available until expended, for competitive grants 

19 under the Choice Neighborhoods Initiative of the Depart20 ment of Housing and Urban Development for trans21 formation, rehabilitation, and replacement housing needs 

22 of both public housing and Department of Housing and 

23 Urban Development-assisted housing and to transform 

24 neighborhoods of poverty into functioning, sustainable 

25 mixed income neighborhoods with appropriate services, 


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1 schools, public assets, transportation, and access to jobs, 

2 of which— 

3 (1) $167,000,000 is for grants for such pur4 poses in Puerto Rico; and 

5 (2) $5,000,000 is for grants for such purposes 

6 in the Virgin Islands. 

7 (e) SECTION 8 ADMINISTRATIVE FEES.—Out of 

8 funds of the Treasury not otherwise appropriated, there 

9 is appropriated $47,600,000 for fiscal year 2018, to re10 main available until expended, for administrative and 

11 other expenses of public housing agencies in administering 

12 the tenant-based rental assistance program under section 

13 8 of the United States Housing Act of 1947 (42 U.S.C. 

14 1437f) in Puerto Rico and the Virgin Islands, of which— 

15 (1) $46,200,000 is for such expenses in Puerto 

16 Rico; and 

17 (2) $1,400,000 is for such expenses in the Vir18 gin Islands. 

19 (f) PUBLIC HOUSING CAPITAL FUND.—Out of funds 

20 of the Treasury not otherwise appropriated, there is ap21 propriated $687,000,000 for fiscal year 2018, to remain 

22 available until expended, for the Public Housing Capital 

23 Fund Program of the Department of Housing and Urban 

24 Development to carry out capital and management activi25 ties for public housing agencies, as authorized under secVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 tion 9 of the United States Housing Act of 1937 (42 

2 U.S.C. 1437g), of which— 

3 (1) $667,000,000 is for such activities in Puer4 to Rico; and 

5 (2) $20,000,000 is for such activities in the 

6 Virgin Islands. 

7 SEC. 235. OVERSIGHT. 

8 (a) PLANNING PROCESS.—Puerto Rico and the Vir9 gin Islands may not receive any funds under this subtitle, 

10 unless Puerto Rico and the Virgin Islands undertake a 

11 planning process, administered by the respective regu12 latory drinking and waste water and service commissions, 

13 for the water system of Puerto Rico and the Virgin Is14 lands, respectively. 

15 (b) REQUIREMENTS.—The planning process required 

16 under subsection (a) shall— 

17 (1) contain an assessment of the current water 

18 needs of the customer classes and future, moderniza19 tion and resiliency needs of a rebuilt drinking and 

20 waste water system; 

21 (2) describe a transparent and participatory 

22 process to evaluate and determine the potential op23 tions for meeting the above needs; and 


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1 (3) include recommendations for where funds 

2 should be directed for accomplishing the goals de3 scribed in paragraphs (1) and (2). 

4 Subtitle D—Limit on Privatization 

5 SEC. 241. LIMIT ON PRIVATIZATION. 

6 No service provided or structure, facility, system, 

7 means of transportation, or other infrastructure built, re8 habilitated, repaired, restored, improved, expanded, or 

9 carried out using amounts made available under this title 

10 may be transferred to the ownership and control of a pri11 vate individual or entity. 

12 TITLE III—MEDICAID AND 

13 MEDICARE PARITY 

14 Subtitle A—Medicaid 

15 SEC. 301. ELIMINATION OF GENERAL MEDICAID FUNDING 

16 LIMITATIONS (‘‘CAP’’) FOR TERRITORIES. 

17 (a) IN GENERAL.—Section 1108 of the Social Secu18 rity Act (42 U.S.C. 1308) is amended— 

19 (1) in subsection (f), in the matter before para20 graph (1), by striking ‘‘subsection (g)’’ and inserting 

21 ‘‘subsections (g) and (h)’’; 

22 (2) in subsection (g)(2), in the matter before 

23 subparagraph (A), by inserting ‘‘and subsection (h)’’ 

24 after ‘‘paragraphs (3) and (5)’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITATIONS

4 FOR PUERTO RICO, THE VIRGIN ISLANDS OF THE

5 UNITED STATES, GUAM, THE NORTHERN MARIANA IS6 LANDS, AND AMERICAN SAMOA.—Subsections (f) and (g) 

7 shall not apply to Puerto Rico, the Virgin Islands of the 

8 United States, Guam, the Northern Mariana Islands, and 

9 American Samoa beginning with fiscal year 2019.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 1902(j) of the Social Security Act 

12 (42 U.S.C. 1396a(j)) is amended by striking ‘‘, the 

13 limitation in section 1108(f),’’. 

14 (2) Section 1903(u) of the Social Security Act 

15 (42 U.S.C. 1396b(u)) is amended by striking para16 graph (4). 

17 (3) Section 1323(c)(1) of the Patient Protection 

18 and Affordable Care Act (42 U.S.C. 18043(c)(1)) is 

19 amended by striking ‘‘2019’’ and inserting ‘‘2018’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply beginning with fiscal year 2019. 


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1 SEC. 302. ELIMINATION OF SPECIFIC FEDERAL MEDICAL 

2 ASSISTANCE PERCENTAGE (FMAP) LIMITA3 TION FOR TERRITORIES; TEMPORARILY IN4 CREASING THE FMAP FOR PUERTO RICO AND 

5 THE VIRGIN ISLANDS TO 100 PERCENT. 

6 Section 1905(b) of the Social Security Act (42 U.S.C. 

7 1396d(b)) is amended— 

8 (1) in clause (2), by inserting ‘‘for fiscal years 

9 before fiscal year 2019’’ after ‘‘American Samoa’’; 

10 and 

11 (2) by adding at the end the following new sen12 tence: ‘‘Notwithstanding the first sentence of this 

13 subsection, for each of fiscal years 2018 and 2019, 

14 the Federal medical assistance percentage for Puerto 

15 Rico and the Virgin Islands shall be 100 percent.’’. 

16 SEC. 303. APPLICATION OF MEDICAID WAIVER AUTHORITY 

17 TO ALL OF THE TERRITORIES. 

18 (a) IN GENERAL.—Section 1902(j) of the Social Se19 curity Act (42 U.S.C. 1396a(j)) is amended— 

20 (1) by striking ‘‘American Samoa and the 

21 Northern Mariana Islands’’ and inserting ‘‘Puerto 

22 Rico, the Virgin Islands of the United States, Guam, 

23 the Northern Mariana Islands, and American 

24 Samoa’’; 

25 (2) by striking ‘‘American Samoa or the North26 ern Mariana Islands’’ and inserting ‘‘Puerto Rico, 


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1 the Virgin Islands of the United States, Guam, the 

2 Northern Mariana Islands, or American Samoa’’; 

3 (3) by inserting ‘‘(1)’’ after ‘‘(j)’’; 

4 (4) by inserting ‘‘except as otherwise provided 

5 in this subsection,’’ after ‘‘Notwithstanding any 

6 other requirement of this title’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(2) The Secretary may not waive under this sub9 section with respect to the medical assistance program of 

10 any territory— 

11 ‘‘(A) the requirement of subsection 

12 (a)(10)(A)(i)(IX) (relating to coverage of adults for13 merly under foster care); 

14 ‘‘(B) the requirement to provide medical assist15 ance for early and periodic screening, diagnostic, 

16 and treatment services (as defined in section 

17 1905(r)) for individuals who are eligible for assist18 ance under the program and who under the age of 

19 21; or 

20 ‘‘(C) the requirement to provide for payment 

21 for services described in section 1905(a)(2)(C) fur22 nished by a Federally-qualified health center and 

23 services described in section 1905(a)(2)(B) furnished 

24 by a rural health clinic in accordance with the provi25 sions of subsection (bb).’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply beginning October 1, 2018. 

3 SEC. 304. PERMITTING MEDICAID DSH ALLOTMENTS FOR 

4 TERRITORIES. 

5 Section 1923(f) of the Social Security Act (42 U.S.C. 

6 1396) is amended— 

7 (1) in paragraph (6), by adding at the end the 

8 following new subparagraph: 

9 ‘‘(C) TERRITORIES.— 

10 ‘‘(i) FISCAL YEAR 2019.—For fiscal 

11 year 2019, the DSH allotment for Puerto 

12 Rico, the Virgin Islands of the United 

13 States, Guam, the Northern Mariana Is14 lands, and American Samoa shall bear the 

15 same ratio to $150,000,000 as the ratio of 

16 the number of individuals who are low-in17 come or uninsured and residing in such re18 spective territory (as estimated from time 

19 to time by the Secretary) bears to the 

20 sums of the number of such individuals re21 siding in all of the territories. 

22 ‘‘(ii) SUBSEQUENT FISCAL YEAR.— 

23 For each subsequent fiscal year, the DSH 

24 allotment for each such territory is subject 


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1 to an increase in accordance with para2 graph (2).’’; and 

3 (2) in paragraph (9), by inserting before the pe4 riod at the end the following: ‘‘, and includes, begin5 ning with fiscal year 2019, Puerto Rico, the Virgin 

6 Islands of the United States, Guam, the Northern 

7 Mariana Islands, and American Samoa’’. 

8 Subtitle B—Medicare 

9 PART I—PART A 

10 SEC. 311. CALCULATION OF MEDICARE DSH PAYMENTS FOR 

11 IPPS HOSPITALS IN PUERTO RICO. 

12 Section 1886(d)(9)(D)(iii) of the Social Security Act 

13 (42 U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as 

14 follows: 

15 ‘‘(iii) Subparagraph (F) (relating to dispropor16 tionate share payments), including application of 

17 subsection (r), except that for this purpose— 

18 ‘‘(I) the sum described in clause (ii) of this 

19 subparagraph shall be substituted for the sum 

20 referred to in paragraph (5)(F)(ii)(I); and 

21 ‘‘(II) for discharges occurring on or after 

22 October 1, 2017, subclause (I) of paragraph 

23 (5)(F)(vi) shall be applied by substituting for 

24 the numerator described in such subclause the 

25 number of subsection (d) Puerto Rico hospital’s 


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1 patient days for the cost reporting period in2 volved which were made up of patients who (for 

3 such days) were entitled to benefits under part 

4 A of this title and were— 

5 ‘‘(aa) entitled to supplementary secu6 rity income benefits (excluding any State 

7 supplementation) under title XVI of this 

8 Act; 

9 ‘‘(bb) eligible for medical assistance 

10 under a State plan under title XIX; or 

11 ‘‘(cc) receiving aid or assistance under 

12 any plan of the State approved under title 

13 I, X, XIV, or XVI.’’. 

14 SEC. 312. REBASING TARGET AMOUNT FOR HOSPITALS IN 

15 TERRITORIES. 

16 Section 1886(b)(3) of the Social Security Act (42 

17 U.S.C. 1395ww(b)(3)) is amended by adding at the end 

18 the following new subparagraph: 

19 ‘‘(M)(i) For each cost reporting period be20 ginning on or after October 1, 2017, in the case 

21 of a hospital located in a territory of the United 

22 States, there shall be substituted for the target 

23 amount otherwise determined under subpara24 graph (A) the rebased target amount (as de25 fined in clause (ii)), if such substitution results 


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1 in an amount of payment under this section to 

2 the hospital for such period that is greater than 

3 the amount of payment that would be made 

4 under this section to the hospital for such pe5 riod if this subparagraph were not to apply. 

6 ‘‘(ii) For purposes of this subparagraph, 

7 the term ‘rebased target amount’ has the mean8 ing given the term ‘target amount’ in subpara9 graph (A), except that— 

10 ‘‘(I) there shall be substituted for the 

11 base cost reporting period the 12-month 

12 cost reporting period beginning during fis13 cal year 2015; 

14 ‘‘(II) any reference in subparagraph 

15 (A)(i) to the ‘first such cost reporting pe16 riod’ is deemed a reference to the first cost 

17 reporting period beginning on or after Oc18 tober 1, 2017; and 

19 ‘‘(III) the applicable percentage in20 crease shall only be applied under subpara21 graph (B)(ii) for cost reporting periods be22 ginning on or after October 1, 2017. 

23 ‘‘(iii) Nothing in this subparagraph shall 

24 affect any rebasing request by a hospital for 


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1 any cost reporting period beginning during a 

2 fiscal year before fiscal year 2015.’’. 

3 SEC. 313. MEDICARE DSH TARGET ADJUSTMENT FOR HOS4 PITALS IN TERRITORIES. 

5 Section 1886(b)(3) of the Social Security Act (42 

6 U.S.C. 1395ww(b)(3)), as amended by section 312, is 

7 amended by adding at the end the following new subpara8 graph: 

9 ‘‘(N)(i) For each cost reporting period be10 ginning on or after October 1, 2017, in the case 

11 of a hospital that is located in a territory of the 

12 United States other than Puerto Rico and that 

13 would be a subsection (d) hospital if it were lo14 cated in one of the 50 States, the target 

15 amount shall be increased by— 

16 ‘‘(I) in the case that such hospital has 

17 a disproportionate patient percentage of 

18 not less than 15 percent and not greater 

19 than 40 percent, 10 percent; and 

20 ‘‘(II) in the case that such hospital 

21 has a disproportionate patient percentage 

22 of greater than 40 percent, 10 percent plus 

23 60 percent of the number of percentage 

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1 tionate patient percentage exceeds 40 per2 cent. 

3 ‘‘(ii) For purposes of this subparagraph, 

4 the term ‘disproportionate patient percentage’ 

5 has the meaning given such term in subsection 

6 (d)(5)(F)(vi), except that in applying such 

7 meaning any reference under such subsection to 

8 individuals entitled to supplementary security 

9 income under title XVI shall be deemed for pur10 poses of this subparagraph to include individ11 uals— 

12 ‘‘(I) eligible for medical assistance 

13 under a State plan under title XIX; or 

14 ‘‘(II) receiving aid or assistance under 

15 any plan of the territory approved under 

16 title I, X, XIV, or XVI.’’. 

17 PART II—PART B 

18 SEC. 321. APPLICATION OF PART B DEEMED ENROLLMENT 

19 PROCESS TO RESIDENTS OF PUERTO RICO; 

20 SPECIAL ENROLLMENT PERIOD AND LIMIT 

21 ON LATE ENROLLMENT PENALTIES. 

22 (a) APPLICATION OF PART B DEEMED ENROLLMENT

23 PROCESS TO RESIDENTS OF PUERTO RICO.—Section 

24 1837(f)(3) of the Social Security Act (42 U.S.C. 


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1 1395p(f)(3)) is amended by striking ‘‘, exclusive of Puerto 

2 Rico’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply to individuals whose initial en5 rollment period under section 1837(d) of the Social Secu6 rity Act begins on or after the first day of the effective 

7 month, specified by the Secretary of Health and Human 

8 Services under section 1839(j)(1)(C) of such Act, as added 

9 by subsection (c)(2). 

10 (c) TRANSITION PROVIDING SPECIAL ENROLLMENT

11 PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES

12 FOR CERTAIN MEDICARE BENEFICIARIES.—Section 1839 

13 of the Social Security Act (42 U.S.C. 1395r) is amend14 ed— 

15 (1) in the first sentence of subsection (b), by in16 serting ‘‘subject to section 1839(j)(2),’’ after ‘‘sub17 section (i)(4) or (l) of section 1837,’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS OF

21 PUERTO RICO.— 

22 ‘‘(1) SPECIAL ENROLLMENT PERIOD, COVERAGE

23 PERIOD FOR RESIDENTS WHO ARE ELIGIBLE BUT

24 NOT ENROLLED.— 


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1 ‘‘(A) IN GENERAL.—In the case of a tran2 sition individual (as defined in paragraph (3)) 

3 who is not enrolled under this part as of the 

4 day before the first day of the effective month 

5 (as defined in subparagraph (C)), the Secretary 

6 shall provide for a special enrollment period 

7 under section 1837 of 7 months beginning with 

8 such effective month during which the indi9 vidual may be enrolled under this part. 

10 ‘‘(B) COVERAGE PERIOD.—In the case of 

11 such an individual who enrolls during such spe12 cial enrollment period, the coverage period 

13 under section 1838 shall begin on the first day 

14 of the second month after the month in which 

15 the individual enrolls. 

16 ‘‘(C) EFFECTIVE MONTH DEFINED.—In 

17 this section, the term ‘effective month’ means a 

18 month, not earlier than October 2018 and not 

19 later than January 2019, specified by the Sec20 retary. 

21 ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN22 ALTIES FOR CURRENT ENROLLEES AND INDIVID23 UALS ENROLLING DURING TRANSITION.— 

24 ‘‘(A) IN GENERAL.—In the case of a tran25 sition individual who is enrolled under this part 


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1 as of the day before the first day of the effec2 tive month or who enrolls under this part on or 

3 after the date of the enactment of this sub4 section but before the end of the special enroll5 ment period under paragraph (1)(A), the 

6 amount of the late enrollment penalty imposed 

7 under section 1839(b) shall be recalculated by 

8 reducing the penalty to 15 percent of the pen9 alty otherwise established. 

10 ‘‘(B) APPLICATION.—Subparagraph (A) 

11 shall be applied in the case of a transition indi12 vidual who— 

13 ‘‘(i) is enrolled under this part as of 

14 the month before the effective month, for 

15 premiums for months beginning with such 

16 effective month; or 

17 ‘‘(ii) enrolls under this part on or 

18 after the date of the enactment of this Act 

19 and before the end of the special enroll20 ment period under paragraph (1)(A), for 

21 premiums for months during the coverage 

22 period under this part which occur during 

23 or after the effective month. 

24 ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL

25 TERMINATES ENROLLMENT.—Subparagraph 


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1 (A) shall not apply to a transition individual if 

2 the individual terminates enrollment under this 

3 part after the end of the special enrollment pe4 riod under paragraph (1). 

5 ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In 

6 this section, the term ‘transition individual’ means 

7 an individual who resides in Puerto Rico and who 

8 would have been deemed enrolled under this part 

9 pursuant to section 1837(f) before the first day of 

10 the effective month but for the fact that the indi11 vidual was a resident of Puerto Rico, regardless of 

12 whether the individual is enrolled under this part as 

13 of such first day.’’. 

14 PART III—MEDICARE ADVANTAGE (PART C) 

15 SEC. 331. ADJUSTMENT IN BENCHMARK FOR LOW-BASE 

16 PAYMENT COUNTIES IN PUERTO RICO. 

17 Section 1853(n) of the Social Security Act (42 U.S.C. 

18 1395w–103(n)) is amended— 

19 (1) in paragraph (1), by striking ‘‘and (5)’’ and 

20 inserting ‘‘, (5), and (6)’’; 

21 (2) in paragraph (4), by striking ‘‘In no case’’ 

22 and inserting ‘‘Subject to paragraph (6), in no 

23 case’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(6) SPECIAL RULES FOR BLENDED BENCH2 MARK AMOUNT FOR TERRITORIES.— 

3 ‘‘(A) IN GENERAL.—Subject to paragraph 

4 (2), the blended benchmark amount for an area 

5 in a territory for a year (beginning with 2018) 

6 shall not be less than 80 percent of the national 

7 average of the base payment amounts specified 

8 in paragraph (2)(E) for such year for areas 

9 within the 50 States and the District of Colum10 bia. 

11 ‘‘(B) LIMITATION.—In no case shall the 

12 blended benchmark amount for an area in a 

13 territory for a year under subparagraph (A) ex14 ceed the lowest blended benchmark amount for 

15 any area within the 50 States and the District 

16 of Columbia for such year.’’. 

17 PART IV—PART D 

18 SEC. 341. IMPROVED USE OF ALLOCATED PRESCRIPTION 

19 DRUG FUNDS BY TERRITORIES. 

20 Section 1935(e) of the Social Security Act (42 U.S.C. 

21 1396u–5(e)) is amended by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN24 COME PART D ELIGIBLE INDIVIDUALS.—This sub25 section shall be applied beginning with fiscal year 


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1 2018 as follows, notwithstanding any other provision 

2 of this title: 

3 ‘‘(A) CLARIFYING STATE FLEXIBILITY TO

4 COVER NON-DUAL-ELIGIBLE INDIVIDUALS.—In 

5 this title, the term ‘medical assistance’ includes 

6 financial assistance furnished by a State under 

7 this subsection to part D eligible individuals 

8 who, if they were residing in one of the 50 

9 States or the District of Columbia, would qual10 ify as subsidy eligible individuals under section 

11 1860D–14(a)(3), and without regard to wheth12 er such individuals otherwise qualify for medical 

13 assistance under this title. 

14 ‘‘(B) 100 PERCENT FMAP TO REFLECT NO

15 STATE MATCHING REQUIRED FOR PART D LOW16 INCOME SUBSIDIES.—The Federal medical as17 sistance percentage applicable to the assistance 

18 furnished under this subsection is 100 percent. 

19 ‘‘(C) LIMITED FUNDING FOR SPECIAL

20 RULES.—Subparagraphs (A) and (B), and the 

21 provision of medical assistance for covered part 

22 D drugs to low-income part D eligible individ23 uals for a State and period under this sub24 section, is limited to the amount specified in 

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1 out regard to the application of subsection (f) 

2 or (g) of section 1108.’’. 

3 SEC. 342. REPORT ON TREATMENT OF TERRITORIES 

4 UNDER MEDICARE PART D. 

5 Paragraph (4) of section 1935(e) of the Social Secu6 rity Act (42 U.S.C. 1396u–5(e)) is amended to read as 

7 follows: 

8 ‘‘(4) REPORT ON APPLICATION OF SUB9 SECTION.— 

10 ‘‘(A) IN GENERAL.—Not later than Feb11 ruary 1, 2020, the Secretary shall submit to 

12 Congress a report on the application of this 

13 subsection during the period beginning with fis14 cal year 2006 and ending fiscal year 2019. 

15 ‘‘(B) INFORMATION TO BE INCLUDED IN

16 REPORT.—Such report shall include— 

17 ‘‘(i) program guidance issued by the 

18 Secretary to implement this subsection; 

19 ‘‘(ii) for each territory, information on 

20 the increased amount under paragraph (3) 

21 and how the territory has applied such 

22 amount, including the territory’s program 

23 design, expenditures, and number of indi24 viduals (and dual-eligible individuals) as25 sisted; and 


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1 ‘‘(iii) a description of differences be2 tween how such territories are treated 

3 under part D of title XVIII and under this 

4 title compared with the treatment of the 

5 50 States and the District of Columbia 

6 under such part and this title for different 

7 fiscal years within the period covered 

8 under the report. 

9 ‘‘(C) RECOMMENDATIONS.—Such report 

10 shall include recommendations for improving 

11 prescription drug coverage for low-income indi12 viduals in each territory, including rec13 ommendations regarding each of the following 

14 alternative approaches: 

15 ‘‘(i) Adjusting the aggregate amount 

16 specified in paragraph (3)(B). 

17 ‘‘(ii) Allowing residents of the terri18 tories to be subsidy eligible individuals 

19 under section 1860D–14, notwithstanding 

20 subsection (a)(3)(F) of such section, or 

21 providing substantially equivalent low-in22 come prescription drug subsidies to such 

23 residents.’’. 


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1 Subtitle C—Miscellaneous 

2 SEC. 351. MODIFIED TREATMENT OF TERRITORIES WITH 

3 RESPECT TO APPLICATION OF ACA ANNUAL 

4 HEALTH INSURANCE PROVIDER FEES. 

5 Section 9010 of the Patient Protection and Afford6 able Care Act (26 U.S.C. 4001 note prec.) is amended— 

7 (1) in subsection (b)(1), by inserting ‘‘subject 

8 to subsection (j)(1),’’ after ‘‘With respect to each 

9 covered entity,’’; and 

10 (2) by striking subsection (j) and inserting the 

11 following: 

12 ‘‘(j) SPECIAL RULES FOR TREATMENT OF TERRI13 TORIES.— 

14 ‘‘(1) IN GENERAL.—In applying this section 

15 with respect to United States health risks located 

16 outside of the 50 States or the District of Columbia 

17 for years beginning with 2018— 

18 ‘‘(A) the amount of the fee under sub19 section (b) shall be 50 percent of the amount 

20 of the fee otherwise determined; 

21 ‘‘(B) the Secretary shall deposit the 

22 amount of such fees collected for each territory 

23 into a separate account; and 

24 ‘‘(C) amounts in such an account for a ter25 ritory for a year are appropriated and shall be 


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1 available to the territory in accordance with 

2 paragraph (2). 

3 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts made 

4 available to a territory under paragraph (1)(C) with 

5 respect to a territory for a year shall be made avail6 able to the territory, upon application of the terri7 tory to the Secretary of Health and Human Serv8 ices, only for the following purposes, as elected by 

9 the territory in such application: 

10 ‘‘(A) INCREASED PRESCRIPTION DRUG AS11 SISTANCE FOR LOW-INCOME PART D ELIGIBLE

12 INDIVIDUALS.—For increasing the amount of 

13 funds made available to the territory under sec14 tion 1935(e)(3) of the Social Security Act (42 

15 U.S.C. 1396u–5(e)(3)) for assistance for low-in16 come part D eligible individuals in obtaining 

17 part D covered drugs. 

18 ‘‘(B) SATISFYING STATE MEDICAID

19 MATCHING REQUIREMENT.—For purposes of 

20 the territory meeting non-Federal matching re21 quirements imposed with respect to obtaining 

22 Federal financial participation under title XIX 

23 of the Social Security Act.’’. 


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1 SEC. 352. MEDICAID AND CHIP TERRITORY TRANSPARENCY 

2 AND INFORMATION. 

3 (a) PUBLICATION OF INFORMATION ON FEDERAL

4 EXPENDITURES UNDER MEDICAID AND CHIP IN THE

5 TERRITORIES.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary of Health and 

7 Human Services shall publish, and periodically update, on 

8 the Internet site of the Centers for Medicare & Medicaid 

9 Services information on Medicaid and CHIP carried out 

10 in the territories of the United States. Such information 

11 shall include, with respect to each such territory— 

12 (1) the income levels established by the terri13 tory for purposes of eligibility of an individual to re14 ceive medical assistance under Medicaid or child 

15 health assistance under CHIP; 

16 (2) the number of individuals enrolled in Med17 icaid and CHIP in such territory; 

18 (3) any State plan amendments in effect to 

19 carry out Medicaid or CHIP in such territory; 

20 (4) any waiver of the requirements of title XIX 

21 or title XXI issued by the Secretary to carry out 

22 Medicaid or CHIP in the territory, including a waiv23 er under section 1115 of the Social Security Act (42 

24 U.S.C. 1315), any application for such a waiver, and 

25 any documentation related to such application (in26 cluding correspondence); 


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1 (5) the amount of the Federal and non-Federal 

2 share of expenditures under Medicaid and CHIP in 

3 such territory; 

4 (6) the systems in place for the furnishing of 

5 health care items and services under Medicaid and 

6 CHIP in such territory; 

7 (7) the design of CHIP in such territory; and 

8 (8) other information regarding the carrying 

9 out of Medicaid and CHIP in the territory that is 

10 published on such Internet site with respect to car11 rying out Medicaid and CHIP in each State and the 

12 District of Columbia. 

13 (b) DEFINITIONS.—In this section: 

14 (1) CHIP.—The term ‘‘CHIP’’ means the 

15 State Children’s Health Insurance Program under 

16 title XXI of the Social Security Act. 

17 (2) MEDICAID.—The term ‘‘Medicaid’’ means 

18 the Medicaid program under title XIX of the Social 

19 Security Act. 

20 (3) TERRITORY.—The term ‘‘territory of the 

21 United States’’ includes Puerto Rico, the Virgin Is22 lands, Guam, the Northern Mariana Islands, and 

23 American Samoa. 


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1 SEC. 353. REPORT ON EXCLUSION OF TERRITORIES FROM 

2 EXCHANGES. 

3 (a) IN GENERAL.—Not later than February 1, 2020, 

4 the Secretary of Health and Human Services shall submit 

5 to Congress a report that details the adverse impacts in 

6 each territory from the practical exclusion of the terri7 tories from the provisions of part II of subtitle D of title 

8 I of the Patient Protection and Affordable Care Act inso9 far as such provisions provide for the establishment of an 

10 American Health Benefit Exchange or the administration 

11 of a federally facilitated Exchange in each State and in 

12 the District of Columbia for the purpose of making health 

13 insurance more affordable and accessible for individuals 

14 and small businesses. 

15 (b) INFORMATION IN REPORT.—The report shall in16 clude information on the following: 

17 (1) An estimate of the total number of unin18 sured and underinsured individuals residing in each 

19 territory with respect to health insurance coverage. 

20 (2) A description of the number of health insur21 ance issuers in each territory and the health insur22 ance plans these issuers offer. 

23 (3) An estimate of the number of individuals re24 siding in each territory who are denied premium and 

25 cost-sharing assistance that would otherwise be 

26 available to them for obtaining health insurance covVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 erage through an Exchange if they resided in one of 

2 the 50 States or in the District of Columbia. 

3 (4) An estimate of the amount of Federal as4 sistance described in paragraph (3) that is not being 

5 made available to residents of each territory. 

6 (5) An estimate of the number of small employ7 ers in each territory that would be eligible to pur8 chase health insurance coverage through a Small 

9 Business Health Options Program (SHOP) Market10 place that would operate as part of an Exchange if 

11 the employers were in one of the 50 States or in the 

12 District of Columbia. 

13 SEC. 354. TEMPORARY INCREASE IN SOCIAL SERVICES 

14 BLOCK GRANT ALLOTMENTS FOR PUERTO 

15 RICO AND THE VIRGIN ISLANDS. 

16 (a) IN GENERAL.—For the purpose of increasing the 

17 allotments for Puerto Rico and the Virgin Islands for fis18 cal year 2018 under section 2003 of the Social Security 

19 Act (42 U.S.C. 1397b) in accordance with subsection (b), 

20 there is appropriated $138,600,000 for fiscal year 2018. 

21 (b) ALLOTMENTS.— 

22 (1) IN GENERAL.—From the amount appro23 priated under subsection (a), the Secretary of 

24 Health and Human Services shall increase the 

25 amount of the allotments for Puerto Rico and the 


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1 Virgin Islands for fiscal year 2018 under section 

2 2003 of the Social Security Act (42 U.S.C. 

3 1397b)— 

4 (A) in the case of Puerto Rico, by 

5 $126,000,000; and 

6 (B) in the case of the Virgin Islands, by 

7 $12,600,000. 

8 (2) NO EFFECT ON ALLOTMENTS TO OTHER

9 STATES.—The increase to the allotments for fiscal 

10 year 2018 for Puerto Rico and the Virgin Islands 

11 under paragraph (1)— 

12 (A) shall be made after the determination 

13 of the allotments for Puerto Rico and the Vir14 gin Islands for fiscal year 2018 under section 

15 2003 of the Social Security Act (42 U.S.C. 

16 1397b); and 

17 (B) shall not affect the amount of the al18 lotment determined for fiscal year 2018 for any 

19 other State under such section. 

20 (c) SPECIAL RULES.— 

21 (1) Notwithstanding section 2002(c) of the So22 cial Security Act (42 U.S.C. 1397a(c)), the increase 

23 in the allotments for Puerto Rico and the Virgin Is24 lands for fiscal year 2018 shall remain available 

25 until expended, without fiscal year limitation. 


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1 (2) Paragraphs (1) and (4) of section 2005(a) 

2 of the Social Security Act (42 U.S.C. 1397d(a)) 

3 shall not apply to the increase in the allotments for 

4 Puerto Rico and the Virgin Islands for fiscal year 

5 2018 under subsection (b). 

6 TITLE IV—AGRICULTURE 

7 SEC. 401. RURAL UTILITIES SERVICE PROGRAMS. 

8 (a) WATER AND ENVIRONMENTAL PROGRAMS.—Out 

9 of funds of the Treasury not otherwise appropriated, there 

10 is appropriated to the Administrator of the Rural Utilities 

11 Service $284,000,000 for fiscal year 2018, to remain 

12 available until expended, to provide for eligible programs 

13 and activities in Puerto Rico and the Virgin Islands— 

14 (1) water or waste disposal grants under sec15 tion 306(a)(2) of the Consolidated Farm and Rural 

16 Development Act (7 U.S.C. 1926(a)(2)); 

17 (2) rural water or wastewater technical assist18 ance and training grants under section 306(a)(14) 

19 of that Act (7 U.S.C. 1926(a)(14)); 

20 (3) emergency community water assistance 

21 grants under section 306A of that Act (7 U.S.C. 

22 1926a); and 

23 (4) solid waste management grants under sec24 tion 310B(b) of that Act (7 U.S.C. 1932(b)). 

25 (b) ELECTRIC PROGRAM.— 


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1 (1) IN GENERAL.—Out of funds of the Treas2 ury not otherwise appropriated, there is appro3 priated to the Administrator of the Rural Utilities 

4 Service $250,000,000 for fiscal year 2018, to remain 

5 available until expended, to provide electric infra6 structure grants for eligible programs and activities 

7 in Puerto Rico and the Virgin Islands under the 

8 Rural Electrification Act of 1936 (7 U.S.C. 901 et 

9 seq.). 

10 (2) LIMITATIONS.—Funds appropriated under 

11 paragraph (1) may not be used for projects that in12 clude— 

13 (A) the construction, operation, or mainte14 nance of new generation plants for the produc15 tion of— 

16 (i) energy using sanitary waste landfill 

17 systems; or 

18 (ii) fossil fuels of any kind, including 

19 diesel, oil, coal, and natural gas; or 

20 (B) the construction of— 

21 (i) new liquefied natural gas import or 

22 export terminals; or 

23 (ii) natural gas pipeline infrastructure 

24 of any kind. 


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1 SEC. 402. RURAL ENERGY FOR AMERICA PROGRAM. 

2 Out of funds of the Treasury not otherwise appro3 priated, there is appropriated to the Secretary of Agri4 culture $125,000,000 for fiscal year 2018, to remain 

5 available until expended, to provide financial assistance 

6 and grants for eligible programs and activities in Puerto 

7 Rico and the Virgin Islands under section 9007 of the 

8 Farm Security and Rural Investment Act of 2002 (7 

9 U.S.C. 8107). 

10 SEC. 403. RURAL COMMUNITY FACILITIES PROGRAM. 

11 Of the amounts made available for each of fiscal 

12 years 2018 through 2027 for the ‘‘Rural Housing Service, 

13 Rural Community Facilities Program Account’’, the 

14 ‘‘Rural Business—Cooperative Service, Rural Business 

15 Program Account’’, and the ‘‘Rural Utilities Service, 

16 Rural Water and Waste Disposal Program Account’’, the 

17 Secretary of Agriculture shall allocate not less than 1 per18 cent for assistance in one or more county-equivalent sub19 divisions in Puerto Rico and the Virgin Islands the aver20 age percentage of the population of which living in poverty 

21 during the 30-year period ending on the date of enactment 

22 of this Act is not less than 20 percent, as measured by 

23 the 1990, 2000, and 2010 decennial censuses. 

24 SEC. 404. RURAL HOUSING. 

25 (a) OTHER SPECIAL LOANS AND GRANTS FOR MINOR

26 IMPROVEMENTS TO FARM HOUSING AND BUILDINGS.— 


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1 (1) IN GENERAL.—Out of any funds in the 

2 Treasury not otherwise appropriated, there is appro3 priated to the Secretary of Agriculture $20,600,000, 

4 to remain available until expended, for the cost of 

5 grants for very low-income housing repair and rural 

6 housing preservation under section 504 of the Hous7 ing Act of 1949 (42 U.S.C. 1474) in a covered dis8 aster area. 

9 (2) LIMITATION ON GRANTS.—Notwithstanding 

10 any limitation established by the Secretary of Agri11 culture under the third sentence of section 504(a) of 

12 the Housing Act of 1949 (42 U.S.C. 1474(a)), the 

13 maximum amount of a grant under paragraph (1) 

14 shall be $20,000. 

15 (b) MUTUAL AND SELF-HELP HOUSING.—Out of 

16 any funds in the Treasury not otherwise appropriated, 

17 there is appropriated to the Secretary of Agriculture 

18 $5,150,000, to remain available until expended, for the 

19 cost of grants and contracts under section 523(b)(1)(A) 

20 of the Housing Act of 1949 (42 U.S.C. 1490c(b)(1)(A)), 

21 which shall be used to support grants made under sub22 section (a)(1). 


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1 SEC. 405. WATERSHED AND FLOOD PREVENTION OPER2 ATIONS. 

3 (a) IN GENERAL.—Out of any funds in the Treasury 

4 not otherwise appropriated, there is appropriated to the 

5 Secretary of Agriculture $18,044,000 for ‘‘Watershed and 

6 Flood Prevention Operations’’ in Puerto Rico and the Vir7 gin Islands, of which $9,022,000 shall be for necessary 

8 expenses to purchase and restore floodplain easements as 

9 authorized by section 403 of the Agricultural Credit Act 

10 of 1978 (16 U.S.C. 2203). 

11 (b) REQUIREMENT.—Funds appropriated under sub12 section (a) shall be allocated to projects that can be fully 

13 funded and completed with the funds appropriated by this 

14 Act and to activities that can commence promptly after 

15 the date of enactment of this Act. 

16 SEC. 406. COMMUNITY FACILITIES GRANTS. 

17 Section 306(a) of the Consolidated Farm and Rural 

18 Development Act (7 U.S.C. 1926(a)) is amended by add19 ing at the end the following: 

20 ‘‘(27) PRIORITY FOR GRANTS FOR ESSENTIAL

21 COMMUNITY FACILITIES DAMAGED DUE TO HURRI22 CANE OR SEVERE WIND.—To the maximum extent 

23 practicable, in providing community facility grants 

24 under paragraphs (19), (20), and (21), the Sec25 retary shall give priority to applicants that would 

26 use the grant— 


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1 ‘‘(A) to rebuild essential community facili2 ties in the Commonwealth of Puerto Rico or the 

3 United States Virgin Islands that were dam4 aged or destroyed due to a hurricane or severe 

5 wind; or 

6 ‘‘(B) to construct essential community fa7 cilities in the Commonwealth of Puerto Rico or 

8 the United States Virgin Islands to improve 

9 food security and food independence in an area 

10 that was damaged by a hurricane or severe 

11 wind.’’. 

12 SEC. 407. WAIVER OF NONINSURED CROP DISASTER AS13 SISTANCE PROGRAM SERVICE FEE. 

14 Section 196(k)(2) of the Federal Agriculture Im15 provement and Reform Act of 1996 (7 U.S.C. 7333(k)(2)) 

16 is amended by striking ‘‘paragraph (1) in the case of’’ and 

17 inserting the following: ‘‘paragraph (1)— 

18 ‘‘(A) to the maximum extent practicable, in 

19 the case of a county located in— 

20 ‘‘(i) the Commonwealth of Puerto 

21 Rico; or 

22 ‘‘(ii) the United States Virgin Islands; 

23 and 

24 ‘‘(B) in the case of’’. 


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1 SEC. 408. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 

2 Section 25 of the Food and Nutrition Act of 2008 

3 (7 U.S.C. 2034) is amended— 

4 (1) in subsection (b), by adding at the end the 

5 following: 

6 ‘‘(3) CERTAIN HURRICANE RECOVERY

7 PROJECTS.—For each of fiscal years 2018 through 

8 2027, not less than 10 percent of the amount of 

9 grants under this section shall be made available for 

10 grants for community food projects described in sub11 section (d)(6).’’; 

12 (2) in subsection (d)— 

13 (A) in paragraph (4), by striking ‘‘or’’ at 

14 the end; 

15 (B) in paragraph (5)(C), by striking the 

16 period at the end and inserting ‘‘; or’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(6) for each of fiscal years 2018 through 

19 2027, assist communities affected by hurricanes and 

20 severe wind.’’; and 

21 (3) in subsection (e)— 

22 (A) in paragraph (1), by striking ‘‘The 

23 Federal’’ and inserting ‘‘Except as provided in 

24 paragraph (4), the Federal’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(4) CERTAIN HURRICANE RECOVERY

2 PROJECTS.—For each of fiscal years 2018 through 

3 2027, in the case of a community food project de4 scribed in subsection (d)(6), the Federal share de5 scribed in paragraph (1) shall be 100 percent.’’. 

6 SEC. 409. PARTICIPATION OF PUERTO RICO, AMERICAN 

7 SAMOA, AND THE NORTHERN MARIANA IS8 LANDS IN SUPPLEMENTAL NUTRITION AS9 SISTANCE PROGRAM. 

10 (a) IN GENERAL.— 

11 (1) DEFINITIONS.—Section 3 of the Food and 

12 Nutrition Act of 2008 (7 U.S.C. 2012) is amend13 ed— 

14 (A) in subsection (r), by inserting ‘‘the 

15 Commonwealth of Puerto Rico, American 

16 Samoa, the Commonwealth of the Northern 

17 Mariana Islands,’’ after ‘‘Guam,’’; and 

18 (B) in subsection (u)(3), by inserting ‘‘the 

19 Commonwealth of Puerto Rico, American 

20 Samoa, the Commonwealth of the Northern 

21 Mariana Islands,’’ after ‘‘Guam,’’. 

22 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 

23 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 

24 amended— 


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1 (A) in subsection (b), in the first sentence, 

2 by inserting ‘‘the Commonwealth of Puerto 

3 Rico, American Samoa, the Commonwealth of 

4 the Northern Mariana Islands,’’ after ‘‘Guam,’’; 

5 (B) in subsection (c)(1), by striking ‘‘and 

6 Guam,’’ and inserting ‘‘Guam, the Common7 wealth of Puerto Rico, American Samoa, and 

8 the Commonwealth of the Northern Mariana Is9 lands,’’; and 

10 (C) in subsection (e)— 

11 (i) in paragraph (1)(A), by inserting 

12 ‘‘the Commonwealth of Puerto Rico, Amer13 ican Samoa, the Commonwealth of the 

14 Northern Mariana Islands,’’ after ‘‘Ha15 waii,’’ each place it appears; and 

16 (ii) in paragraph (6)(B), by inserting 

17 ‘‘the Commonwealth of Puerto Rico, Amer18 ican Samoa, the Commonwealth of the 

19 Northern Mariana Islands,’’ after 

20 ‘‘Guam,’’. 

21 (3) EFFECTIVE DATE.— 

22 (A) IN GENERAL.—The amendments made 

23 by this subsection shall be effective with respect 

24 to Puerto Rico, American Samoa, or the Com25 monwealth of the Northern Mariana Islands, as 


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1 applicable, on the date described in subpara2 graph (B) if the Secretary of Agriculture sub3 mits to Congress a certification under sub4 section (f)(3) of section 19 of the Food and Nu5 trition Act of 2008 (7 U.S.C. 2028). 

6 (B) DATE DESCRIBED.—The date referred 

7 to in subparagraph (A) is, with respect to Puer8 to Rico, American Samoa, or the Common9 wealth of the Northern Mariana Islands, the 

10 date established by Puerto Rico, American 

11 Samoa, or the Commonwealth of the Northern 

12 Mariana Islands, respectively, in the applicable 

13 plan of operation submitted to the Secretary of 

14 Agriculture under subsection (f)(1)(A) of sec15 tion 19 of the Food and Nutrition Act of 2008 

16 (7 U.S.C. 2028). 

17 (b) TRANSITION.—Section 19 of the Food and Nutri18 tion Act of 2008 (7 U.S.C. 2028) is amended by adding 

19 at the end the following: 

20 ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN

21 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP22 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

23 ‘‘(1) SUBMISSION OF PLAN BY PUERTO RICO, 

24 AMERICAN SAMOA, AND THE NORTHERN MARIANA

25 ISLANDS.— 


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1 ‘‘(A) SUBMISSION AND REVIEW OF PLAN

2 OF OPERATION.—If a State agency is des3 ignated by a governmental entity and submits 

4 to the Secretary a request to participate in the 

5 supplemental nutrition assistance program and 

6 a plan of operation under section 11 (including 

7 a date on which the governmental entity will 

8 begin to participate in the supplemental nutri9 tion assistance program), the Secretary shall 

10 determine whether that governmental entity 

11 and State agency satisfy the requirements that 

12 would apply under this Act for approval of that 

13 plan if the governmental entity were one of the 

14 several States. 

15 ‘‘(B) DETERMINATION BY SECRETARY.— 

16 ‘‘(i) APPROVAL.—The Secretary shall 

17 approve a plan of operation under subpara18 graph (A) if the governmental entity and 

19 State agency satisfy the requirements de20 scribed in that subparagraph. 

21 ‘‘(ii) DISAPPROVAL.—If the Secretary 

22 does not approve a plan of operation under 

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1 ment that describes each requirement that 

2 is not satisfied by the plan. 

3 ‘‘(2) APPROVAL OF RETAIL FOOD STORES.—If 

4 the Secretary approves a plan of operation under 

5 paragraph (1)(B)(i), the Secretary shall accept from 

6 retail food stores located in the applicable govern7 mental entity applications under section 9 for ap8 proval to participate in the supplemental nutrition 

9 assistance program. 

10 ‘‘(3) SUBMISSION OF CERTIFICATION TO CON11 GRESS.—The Secretary shall submit to Congress a 

12 certification that a governmental entity qualifies to 

13 participate in the supplemental nutrition assistance 

14 program as if the governmental entity were a State 

15 if the Secretary— 

16 ‘‘(A) approves the plan of operation under 

17 paragraph (1)(B)(i); and 

18 ‘‘(B) approves the applications under para19 graph (2) of a number of retail food stores lo20 cated in the governmental entity requesting to 

21 participate in the supplemental nutrition assist22 ance program that would be sufficient to satisfy 

23 the requirements of this Act if the govern24 mental entity were one of the several States. 


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1 ‘‘(4) CASH BENEFITS PROVIDED IN PUERTO

2 RICO.—As part of a plan of operation submitted 

3 under paragraph (1)(A), the Secretary shall allow 

4 the Commonwealth of Puerto Rico to provide a per5 centage of benefits under the supplemental nutrition 

6 assistance program in the form of cash. 

7 ‘‘(5) FAMILY MARKET PROGRAM IN PUERTO

8 RICO.—As part of a plan of operation submitted 

9 under paragraph (1)(A), notwithstanding subsection 

10 (g), the Secretary shall allow the Commonwealth of 

11 Puerto Rico to continue to carry out, under the sup12 plemental nutrition assistance program, the Family 

13 Market Program established under this section. 

14 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the Sec16 retary to carry out this subsection and the amend17 ments made by section 408(a) of the Puerto Rico 

18 and Virgin Islands Equitable Rebuild Act of 2017 

19 such sums as are necessary for fiscal year 2018, to 

20 remain available until expended. 

21 ‘‘(g) TERMINATION OF EFFECTIVENESS.— 

22 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 

23 shall cease to be effective with respect to the Com24 monwealth of Puerto Rico, American Samoa, or the 

25 Commonwealth of the Northern Mariana Islands, as 


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1 applicable, on the date described in paragraph (2) if 

2 the Secretary submits to Congress a certification 

3 under subsection (f)(3). 

4 ‘‘(2) DATE DESCRIBED.—The date referred to 

5 in paragraph (1) is, with respect to the Common6 wealth of Puerto Rico, American Samoa, the Com7 monwealth of the Northern Mariana Islands, the 

8 date established by the Commonwealth of Puerto 

9 Rico, American Samoa, or the Commonwealth of the 

10 Northern Mariana Islands, respectively, in the appli11 cable plan of operation submitted to the Secretary 

12 under subsection (f)(1)(A).’’. 

13 SEC. 410. PAYMENT LIMITATIONS FOR CERTAIN PRO14 DUCERS IN DISASTER AREAS. 

15 (a) SUPPLEMENTAL AGRICULTURAL DISASTER AS16 SISTANCE.—Section 1501 of the Agricultural Act of 2014 

17 (7 U.S.C. 9081) is amended— 

18 (1) in subsection (a)— 

19 (A) by redesignating paragraphs (1), (2), 

20 (3), and (4) as paragraphs (2), (3), (4), and 

21 (6), respectively; 

22 (B) by inserting before paragraph (2) (as 

23 so redesignated) the following: 

24 ‘‘(1) DISASTER COUNTY.—The term ‘disaster 

25 county’ means a county included in the geographical 


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1 area covered by a qualifying natural disaster dec2 laration for calendar year 2017 for which the re3 quest for that declaration was submitted during the 

4 period beginning on January 1, 2017, and ending on 

5 the date of enactment of the Puerto Rico and Virgin 

6 Islands Equitable Rebuild Act of 2017.’’; and 

7 (C) by inserting after paragraph (4) (as so 

8 redesignated) the following: 

9 ‘‘(5) QUALIFYING NATURAL DISASTER DEC10 LARATION.—The term ‘qualifying natural disaster 

11 declaration’ means— 

12 ‘‘(A) a natural disaster declared by the 

13 Secretary under section 321(a) of the Consoli14 dated Farm and Rural Development Act (7 

15 U.S.C. 1961(a)); or 

16 ‘‘(B) a major disaster or emergency des17 ignated by the President under the Robert T. 

18 Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5121 et seq.).’’; 

20 (2) in subsection (e)(4)(B)— 

21 (A) by striking ‘‘The total’’ and inserting 

22 the following: 

23 ‘‘(i) IN GENERAL.—Subject to clause 

24 (ii), the total’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(ii) CERTAIN PRODUCERS IN DIS2 ASTER COUNTIES.—The total amount of 

3 payments received, directly or indirectly, 

4 by a person or legal entity (excluding a 

5 joint venture or general partnership) in a 

6 disaster county under this subsection may 

7 not exceed $625,000 for the period of the 

8 2017 through 2022 crop years.’’; 

9 (3) in subsection (f)(2)— 

10 (A) by striking ‘‘The total’’ and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the total’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(B) CERTAIN PRODUCERS IN DISASTER

16 COUNTIES.— 

17 ‘‘(i) LIVESTOCK INDEMNITY PAY18 MENTS AND EMERGENCY ASSISTANCE FOR

19 LIVESTOCK, HONEY BEES, AND FARM20 RAISED FISH.—The total amount of pay21 ments received, directly or indirectly, by a 

22 person or legal entity (excluding a joint 

23 venture or general partnership) in a dis24 aster county under subsections (b) and (d) 


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1 may not exceed $625,000 for the period of 

2 the 2017 through 2022 crop years. 

3 ‘‘(ii) LIVESTOCK FORAGE DISASTER

4 PROGRAM.—Payments to a person or legal 

5 entity (excluding a joint venture or general 

6 partnership) in a disaster county under 

7 subsection (c) shall be subject to subpara8 graph (A).’’. 

9 (b) NONINSURED CROP ASSISTANCE PROGRAM.— 

10 Section 196(i) of the Federal Agriculture Improvement 

11 and Reform Act of 1996 (7 U.S.C. 7333(i)) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘subsection, the’’ and in14 serting the following ‘‘subsection: 

15 ‘‘(A) DISASTER COUNTY.—The term ‘dis16 aster county’ means a county included in the 

17 geographical area covered by a qualifying nat18 ural disaster declaration for calendar year 2017 

19 for which the request for that declaration was 

20 submitted during the period beginning on Janu21 ary 1, 2017, and ending on the date of enact22 ment of the Puerto Rico and Virgin Islands Eq23 uitable Rebuild Act of 2017. 

24 ‘‘(B) LEGAL ENTITY; PERSON.—The’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(C) QUALIFYING NATURAL DISASTER

2 DECLARATION.—The term ‘qualifying natural 

3 disaster declaration’ means— 

4 ‘‘(i) a natural disaster declared by the 

5 Secretary under section 321(a) of the Con6 solidated Farm and Rural Development 

7 Act (7 U.S.C. 1961(a)); or 

8 ‘‘(ii) a major disaster or emergency 

9 designated by the President under the 

10 Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 

12 5121 et seq.).’’; and 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘The total’’ and inserting 

15 the following: 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the total’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(B) CERTAIN PRODUCERS IN DISASTER

20 COUNTIES.—The total amount of payments re21 ceived, directly or indirectly, by a person or 

22 legal entity (excluding a joint venture or gen23 eral partnership) in a disaster county under 

24 this subsection may not exceed $625,000 for 


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1 the period of the 2017 through 2022 crop 

2 years.’’. 

3 SEC. 411. TREATMENT OF CERTAIN PRODUCERS AS SO4 CIALLY DISADVANTAGED FARMERS AND 

5 RANCHERS. 

6 Section 2501 of the Food, Agriculture, Conservation, 

7 and Trade Act of 1990 (7 U.S.C. 2279) is amended by 

8 adding at the end the following: 

9 ‘‘(j) TREATMENT OF CERTAIN PRODUCERS.—For 

10 purposes of administering any grant program and con11 servation program of the Department of Agriculture, the 

12 Secretary shall consider an agricultural producer oper13 ating in the Commonwealth of Puerto Rico, the United 

14 States Virgin Islands, or both, to be a socially disadvan15 taged farmer or rancher.’’. 

16 SEC. 412. EMERGENCY WATERSHED PROTECTION PRO17 GRAM. 

18 Section 403 of the Agricultural Credit Act of 1978 

19 (16 U.S.C. 2203) is amended by adding at the end the 

20 following: 

21 ‘‘(c) FEDERAL SHARE.—For each of fiscal years 

22 2018 through 2022, the Federal share of the cost of any 

23 emergency measure under this section or section 7 of the 

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1 monwealth of Puerto Rico or the United States Virgin Is2 lands shall be 100 percent.’’. 

3 SEC. 413. EMERGENCY FOREST RESTORATION PROGRAM. 

4 Section 407(d) of the Agricultural Credit Act of 1978 

5 (16 U.S.C. 2206(d)) is amended— 

6 (1) by striking ‘‘Payments’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 payments’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) PUERTO RICO AND VIRGIN ISLANDS.—For 

12 each of fiscal years 2018 through 2022, payments 

13 made under subsection (b) shall be 100 percent of 

14 the total cost of the emergency measures carried out 

15 by an owner of nonindustrial private forest land in 

16 the Commonwealth of Puerto Rico or the United 

17 States Virgin Islands.’’. 

18 SEC. 414. TREATMENT OF CERTAIN PRODUCERS AS LIM19 ITED RESOURCE PRODUCERS. 

20 Title IV of the Agricultural Credit Act of 1978 (16 

21 U.S.C. 2201 et seq.) is amended by adding at the end 

22 the following: 


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1 ‘‘SEC. 408. TREATMENT OF CERTAIN PRODUCERS AS LIM2 ITED RESOURCE PRODUCERS. 

3 ‘‘In carrying out sections 401 and 402, the Secretary 

4 shall consider an agricultural producer operating in the 

5 Commonwealth of Puerto Rico, the United States Virgin 

6 Islands, or both to be a limited resource producer, as de7 termined by the Secretary.’’. 

8 SEC. 415. RETROACTIVE AVAILABILITY OF CATASTROPHIC 

9 LEVEL OF PROTECTION UNDER NONINSURED 

10 CROP ASSISTANCE PROGRAM. 

11 Section 196 of the Federal Agriculture Improvement 

12 and Reform Act of 1996 (7 U.S.C. 7333) is amended by 

13 adding at the end the following: 

14 ‘‘(m) RETROACTIVE AVAILABILITY FOR CERTAIN

15 PRODUCERS.— 

16 ‘‘(1) IN GENERAL.—Beginning on the date of 

17 enactment of this subsection, the Secretary shall 

18 retroactively make available to producers in disaster 

19 counties (as defined in subsection (i)(1)) in the 

20 Commonwealth of Puerto Rico and the United 

21 States Virgin Islands the catastrophic level of pro22 tection under this section for the 2017 crop year. 

23 ‘‘(2) APPLICATION.—A producer desiring assist24 ance under paragraph (1) shall submit to the Sec25 retary an application for the assistance not later 


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1 than 180 days after the date of enactment of this 

2 subsection.’’. 

3 SEC. 416. DISTRIBUTION OF FUNDS MADE AVAILABLE FOR 

4 EQUIPMENT ASSISTANCE GRANTS UNDER 

5 THE NATIONAL SCHOOL LUNCH ACT TO 

6 PUERTO RICO AND THE VIRGIN ISLANDS. 

7 The matter under the heading ‘‘CHILD NUTRITION

8 PROGRAMS’’ of title IV of division A of the Consolidated 

9 Appropriations Act, 2017 (Public Law 115–31), is amend10 ed by inserting before the period at the end the following: 

11 ‘‘Provided further, That any amounts made available 

12 under this heading to provide competitive grants to State 

13 agencies for subgrants to local educational agencies and 

14 schools to purchase the equipment needed to serve 

15 healthier meals, improve food safety, or to help support 

16 the establishment, maintenance, or expansion of the school 

17 breakfast program that remain unexpended on the date 

18 of enactment of the Puerto Rico and Virgin Islands Equi19 table Rebuild Act of 2017 shall be distributed to State 

20 agencies in Puerto Rico and the Virgin Islands for those 

21 purposes’’. 

22 SEC. 417. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

23 FOR WOMEN, INFANTS, AND CHILDREN. 

24 (a) IN GENERAL.—Out of any funds in the Treasury 

25 not otherwise appropriated, there is appropriated to the 


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1 Secretary of Agriculture $14,000,000 to make grants to 

2 States (as defined in section 15 of the Child Nutrition Act 

3 of 1966 (42 U.S.C. 1784)) for the purposes described in 

4 section 17(h)(10) of that Act (42 U.S.C. 1786(h)(10)) in 

5 response to covered disasters. 

6 (b) REQUIREMENT.—The amount appropriated 

7 under subsection (a)— 

8 (1) shall remain available for obligation until 

9 September 30, 2019; 

10 (2) shall be in addition to amounts otherwise 

11 made available to carry out section 17(h)(10) of the 

12 Child Nutrition Act of 1966 (42 U.S.C. 

13 1786(h)(10)); and 

14 (3) is designated by the Congress as being for 

15 an emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (2 U.S.C. 

18 901(b)(2)(A)(i)). 

19 SEC. 418. DEADLINE FOR APPLICATION SUBMISSION. 

20 Any applicant desiring a grant or other assistance 

21 under this title or an amendment made by this title shall 

22 submit an application for the grant or other assistance by 

23 not later than 180 days after the date of enactment of 

24 this Act. 


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1 SEC. 419. LIMIT ON PRIVATIZATION. 

2 No service, assistance, or benefit provided or struc3 ture, facility, system, means of transportation, or other 

4 infrastructure built, rehabilitated, repaired, restored, im5 proved, expanded, or carried out using amounts made 

6 available under this title or the amendments made by this 

7 title may be transferred to the ownership and control of 

8 a private individual or entity. 

9 TITLE V—VETERANS AFFAIRS 

10 SEC. 501. APPROPRIATION OF AMOUNTS FOR DEPARTMENT 

11 OF VETERANS AFFAIRS TO ADDRESS CON12 SEQUENCES OF HURRICANE IRMA AND HUR13 RICANE MARIA IN PUERTO RICO AND THE 

14 VIRGIN ISLANDS. 

15 Out of the funds in the Treasury not otherwise appro16 priated, there is appropriated $200,000,000 for necessary 

17 expenses of the Department of Veterans Affairs relating 

18 to— 

19 (1) the repair of medical facilities, including 

20 hospitals and clinics, of the Department located in 

21 Puerto Rico or the Virgin Islands that were dam22 aged by Hurricane Irma or Hurricane Maria; 

23 (2) personnel requirements of the Department 

24 at such facilities; and 

25 (3) the provision of emergency services by the 

26 Department in Puerto Rico and the Virgin Islands. 


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1 SEC. 502. LIMITATION ON PRIVATIZATION. 

2 No service provided or structure, facility, system, 

3 means of transportation, or other infrastructure built, re4 habilitated, repaired, restored, improved, expanded, or 

5 carried out using amounts made available under this title 

6 may be transferred to the ownership and control of a pri7 vate individual or entity. 

8 TITLE VI—EDUCATION 

9 RECOVERY 

10 Subtitle A—Educational Assistance 

11 Funds 

12 SEC. 601. EDUCATION AND HEAD START FUNDING. 

13 (a) DEPARTMENT OF EDUCATION FUNDING.—The 

14 following sums are appropriated, out of any money in the 

15 Treasury not otherwise appropriated, to address Hurri16 cane Irma and Hurricane Maria for the fiscal year ending 

17 September 30, 2018, and for other purposes, namely for 

18 assisting in meeting the educational needs of individuals 

19 affected by a covered disaster in calendar year 2017: 

20 (1) $3,157,000,000, to remain available 

21 through September 30, 2018, of which— 

22 (A) $930,000,000 shall be available to 

23 State educational agencies until expended to 

24 carry out section 612; 

25 (B) $5,000,000 shall be available to carry 

26 out section 616; and 


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1 (C) $1,100,000,000 shall be available to 

2 carry out section 617. 

3 (2) $2,000,000, to remain available until ex4 pended, shall be available for the Project SERV pro5 gram under section 4631(a)(1)(A) of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 

7 7281(a)(1)(A)) to provide education-related services, 

8 which may include student counseling, to eligible en9 tities in which the learning environment has been 

10 disrupted by a traumatic crisis due to the needs of 

11 students who have been affected by a covered dis12 aster, including eligible entities serving significant 

13 numbers of students who have been displaced from 

14 Puerto Rico and the Virgin Islands. 

15 (3) $310,000,000, to remain available through 

16 September 30, 2018, shall be available— 

17 (A) to provide assistance under the pro18 grams authorized by subparts 3 and 4 of part 

19 A and part C of title IV, and part B of title VII 

20 of the Higher Education Act of 1965, for stu21 dents attending institutions of higher education 

22 (as defined in section 102 of that Act) that are 

23 located in a covered disaster area and who qual24 ify for assistance under subparts 3 and 4 of 


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1 part A and part C of title IV of the Higher 

2 Education Act of 1965, of which— 

3 (i) funds shall be made available to 

4 provide assistance under such title IV pro5 grams notwithstanding any requirements 

6 relating to matching, Federal share, res7 ervation of funds, or maintenance of effort 

8 that would otherwise be applicable to that 

9 assistance; and 

10 (ii) funds shall be made available to 

11 provide emergency assistance based on 

12 demonstrated need under part B of title 

13 VII of the Higher Education Act of 1965, 

14 which may be used for student financial 

15 assistance, faculty and staff salaries, 

16 equipment and instruments, or any pur17 pose authorized under the Higher Edu18 cation Act of 1965, to institutions of high19 er education that are located in an area af20 fected by Hurricane Irma or Hurricane 

21 Maria in calendar year 2017; 

22 (B) to provide emergency assistance based 

23 on demonstrated need to institutions of higher 

24 education that are located in an area affected 

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1 endar year 2017 and were forced to close, relo2 cate or significantly curtail their activities as a 

3 result of damage directly sustained by such 

4 hurricanes; and 

5 (C) to provide payments to institutions of 

6 higher education to help defray the unexpected 

7 expenses associated with enrolling displaced 

8 students from institutions of higher education 

9 directly affected or at which operations have 

10 been disrupted due to Hurricane Irma or Hur11 ricane Maria in calendar year 2017, in accord12 ance with criteria as are established by the Sec13 retary and made publicly available without re14 gard to section 437 of the General Education 

15 Provisions Act or section 553 of title 5, United 

16 States Code. 

17 (b) HEAD START FUNDING.—There are appro18 priated, out of any money in the Treasury not otherwise 

19 appropriated, $810,000,000, for an additional amount for 

20 the appropriations account appropriated under the head21 ing ‘‘CHILDREN AND FAMILIES SERVICES PROGRAMS’’, for 

22 Head Start to serve children displaced by Hurricane Irma 

23 or Hurricane Maria in calendar year 2017, notwith24 standing subsections (a)(1) and (g)(1) of section 640 of 

25 the Head Start Act (42 U.S.C. 9835), and to cover the 


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1 costs of renovating those Head Start facilities which were 

2 affected by these hurricanes, to the extent reimbursements 

3 from the Federal Emergency Management Agency and in4 surance companies do not fully cover such costs: Provided, 

5 That of the amount provided under this heading, 

6 $800,000,000 shall be available for Head Start programs 

7 in Puerto Rico and $10,000,000 shall be available for 

8 Head Start programs in the Virgin Islands. 

9 Subtitle B—Elementary and Sec10 ondary Education Disaster Re11 lief 

12 SEC. 611. DEFINITIONS. 

13 Unless otherwise specified in this subtitle— 

14 (1) the terms used in this subtitle have the 

15 meanings given the terms in section 8101 of the Ele16 mentary and Secondary Education Act of 1965 (20 

17 U.S.C. 7801); 

18 (2) the terms ‘‘child with a disability’’ and ‘‘in19 fant or toddler with a disability’’ have the meanings 

20 given those terms in section 602 of the Individuals 

21 with Disabilities Education Act (20 U.S.C. 1401); 

22 and 

23 (3) the term ‘‘Secretary’’ means the Secretary 

24 of Education. 


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1 SEC. 612. IMMEDIATE AID TO RESTART SCHOOL OPER2 ATIONS. 

3 (a) PURPOSE.—It is the purpose of this section— 

4 (1) to provide immediate services or assistance 

5 to local educational agencies in Puerto Rico and the 

6 Virgin Islands that serve a covered disaster area; 

7 and 

8 (2) to assist school administrators and per9 sonnel of such agencies with expenses related to the 

10 restart of operations in, the re-opening of, and the 

11 re-enrollment of students in, elementary schools and 

12 secondary schools in such areas. 

13 (b) PAYMENTS AUTHORIZED.— 

14 (1) IN GENERAL.—From amounts appropriated 

15 to carry out this subtitle, the Secretary is authorized 

16 to make payments, in accordance with paragraph 

17 (2), to State educational agencies in Puerto Rico 

18 and the Virgin Islands to enable such agencies to 

19 provide services or assistance to local educational 

20 agencies serving a covered disaster area. 

21 (2) PAYMENT BASIS.—The Secretary shall 

22 make payments under paragraph (1) on such basis 

23 as the Secretary determines appropriate, taking into 

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1 tary schools and secondary schools that were 

2 closed— 

3 (A) on September 7, 2017, as a result of 

4 Hurricane Irma; or 

5 (B) on September 20, 2017, as a result of 

6 Hurricane Maria. 

7 (c) ELIGIBILITY AND CONSIDERATION.—From the 

8 payment provided by the Secretary under subsection (b), 

9 the State educational agency shall provide services and as10 sistance to local educational agencies, consistent with the 

11 provisions of this section. In determining the amount to 

12 be provided for services or assistance under this section, 

13 the State educational agency shall consider the following: 

14 (1) The number of school-aged children served 

15 by the local educational agency in the academic year 

16 preceding the academic year for which the services 

17 or assistance are provided. 

18 (2) The severity of the impact of Hurricane 

19 Irma or Hurricane Maria on the local educational 

20 agency and the extent of the needs in each local edu21 cational agency in a covered disaster area. 

22 (d) APPLICATIONS.—Each local educational agency 

23 desiring services or assistance under this section shall sub24 mit an application to the State educational agency at such 

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1 tion as the State educational agency may reasonably re2 quire to ensure expedited and timely provision of services 

3 or assistance to the local educational agency. 

4 (e) USES OF FUNDS.— 

5 (1) IN GENERAL.—A local educational agency 

6 receiving services or assistance from the State edu7 cational agency under this section shall use such 

8 services or assistance for— 

9 (A) recovery of student and personnel 

10 data, and other electronic information; 

11 (B) replacement of school district informa12 tion systems, including hardware and software; 

13 (C) financial operations; 

14 (D) reasonable transportation costs; 

15 (E) rental of mobile educational units and 

16 leasing of neutral sites or spaces; 

17 (F) initial replacement of instructional ma18 terials and equipment, including textbooks; 

19 (G) redeveloping instructional plans, in20 cluding curriculum development; 

21 (H) initiating and maintaining education 

22 and support services; and 

23 (I) such other activities related to the pur24 pose of this section that are approved by the 

25 Secretary. 


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1 (2) USE WITH OTHER AVAILABLE FUNDS.—A 

2 local educational agency receiving services or assist3 ance under this section may use such services or as4 sistance in coordination with other Federal, State, or 

5 local funds available for the activities described in 

6 paragraph (1). 

7 (f) SUPPLEMENT NOT SUPPLANT.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), services or assistance made available 

10 under this section shall be used to supplement, not 

11 supplant, any funds made available through the Fed12 eral Emergency Management Agency or through 

13 Puerto Rico or the Virgin Islands. 

14 (2) EXCEPTION.—Paragraph (1) shall not pro15 hibit the provision of Federal assistance under this 

16 section to an eligible State educational agency or 

17 local educational agency that is or may be entitled 

18 to receive, from another source, benefits for the 

19 same purposes as under this section if— 

20 (A) such State educational agency or local 

21 educational agency has not received such other 

22 benefits by the time of application for Federal 

23 assistance under this section; and 

24 (B) such State educational agency or local 

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1 tive Federal assistance received to carry out the 

2 purposes of this section. 

3 SEC. 613. HOLD HARMLESS FOR LOCAL EDUCATIONAL 

4 AGENCIES SERVING MAJOR DISASTER AREAS. 

5 In the case of a local educational agency that serves 

6 a covered disaster area, the amount made available for 

7 such local educational agency under each of sections 1124, 

8 1124A, 1125, and 1125A of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6333, 6334, 

10 6335, and 6337) for fiscal year 2018 shall be not less than 

11 the amount made available for such local educational 

12 agency under each of such sections for fiscal year 2017. 

13 SEC. 614. PARAPROFESSIONAL RECIPROCITY; DELAY. 

14 (a) AFFECTED PARAPROFESSIONAL.—In this sub15 section, the term ‘‘affected paraprofessional’’ means a 

16 paraprofessional who— 

17 (1) is displaced due to Hurricane Irma and re18 locates to a State that is different from the State in 

19 which such paraprofessional resided on September 5, 

20 2017; or 

21 (2) is displaced due to Hurricane Maria and re22 locates to a State that is different from the State in 

23 which such paraprofessional resided on September 

24 16, 2017. 


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1 (b) RECIPROCITY.—A local educational agency may 

2 consider an affected paraprofessional hired by such agency 

3 who does not meet the professional standards for para4 professionals described in section 1111(g)(2)(M) of the El5 ementary and Secondary Education Act of 1965 (20 

6 U.S.C. 6311(g)(2)(M)) in the State in which such agency 

7 is located to satisfy such requirements, for purposes of 

8 such section, for the 2017–2018 school year, if such para9 professional satisfied such requirements on or before— 

10 (1) in the case of an affected paraprofessional 

11 displaced by Hurricane Irma, September 5, 2017, in 

12 the State in which such paraprofessional resided on 

13 such date; or 

14 (2) in the case of an affected paraprofessional 

15 displaced by Hurricane Maria, September 16, 2017, 

16 in the State in which such paraprofessional resided 

17 on such date. 

18 SEC. 615. REGULATORY AND FINANCIAL RELIEF. 

19 (a) WAIVER AUTHORITY.—Subject to subsections (b) 

20 and (c), in providing any grant or other assistance, di21 rectly or indirectly, to an entity in a covered disaster area, 

22 the Secretary may, as applicable, waive or modify, in order 

23 to ease fiscal burdens, any requirement relating to the fol24 lowing: 

25 (1) Maintenance of effort. 


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1 (2) The use of Federal funds to supplement, 

2 not supplant, non-Federal funds. 

3 (3) Any non-Federal share or capital contribu4 tion required to match Federal funds provided under 

5 programs administered by the Secretary. 

6 (b) DURATION.—A waiver under this section shall be 

7 for the fiscal year 2018. 

8 (c) LIMITATIONS.— 

9 (1) RELATION TO IDEA.—Nothing in this sec10 tion shall be construed to waive or modify any provi11 sion of the Individuals with Disabilities Education 

12 Act (20 U.S.C. 1400 et seq.). 

13 (2) MAINTENANCE OF EFFORT.—If the Sec14 retary grants a waiver or modification under this 

15 section waiving or modifying a requirement relating 

16 to maintenance of effort for fiscal year 2018, the 

17 level of effort required for fiscal year 2019 shall not 

18 be reduced because of the waiver or modification. 

19 SEC. 616. ASSISTANCE FOR HOMELESS CHILDREN AND 

20 YOUTHS. 

21 (a) IN GENERAL.—The Secretary shall provide as22 sistance to local educational agencies serving homeless 

23 children and youths displaced by a covered disaster, con24 sistent with section 723 of the McKinney-Vento Homeless 

25 Assistance Act (42 U.S.C. 11433), including— 


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1 (1) identification and enrollment assistance; 

2 (2) assessment and school placement assistance; 

3 (3) transportation; 

4 (4) coordination of school services; 

5 (5) referrals for health and mental health; and 

6 (6) emergency services and supplies necessary 

7 to enable homeless children and youths to enroll, at8 tend, and succeed in school. 

9 (b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 

10 (1) EXCEPTION.—For purposes of providing as11 sistance under subsection (a), section 722(c) and 

12 subsections (b) and (c) of section 723 of the McKin13 ney-Vento Homeless Assistance Act (42 U.S.C. 

14 11432(c), 11433(b) and (c)) shall not apply. 

15 (2) DISBURSEMENT.— 

16 (A) DISBURSEMENT BY SECRETARY.—The 

17 Secretary shall disburse funding provided under 

18 subsection (a) to State educational agencies 

19 based on demonstrated need, as determined by 

20 the Secretary, and based on the number of 

21 homeless children and youths enrolled as a re22 sult of displacement by a covered disaster. 

23 (B) DISBURSEMENT BY STATE EDU24 CATIONAL AGENCY.—Each State educational 

25 agency receiving funding under subparagraph 


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1 (A) shall distribute funds that are appropriated 

2 under section 601 and available to carry out 

3 this section to local educational agencies based 

4 on demonstrated need and based on the number 

5 of homeless children and youths enrolled in the 

6 area served by the local educational agency as 

7 a result of displacement by a covered disaster, 

8 for the purposes of carrying out subtitle B of 

9 title VII of the McKinney-Vento Homeless As10 sistance Act (42 U.S.C. 11431 et seq.). 

11 (c) DEFINITION.—In this section, the term ‘‘homeless 

12 children and youths’’ has the meaning given the term in 

13 section 725 of the McKinney-Vento Homeless Assistance 

14 Act (42 U.S.C. 11434a). 

15 SEC. 617. TEMPORARY EMERGENCY IMPACT AID FOR DIS16 PLACED STUDENTS. 

17 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR18 IZED.— 

19 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

20 From amounts appropriated to carry out this sub21 title, the Secretary shall provide emergency impact 

22 aid to State educational agencies to enable the State 

23 educational agencies to make emergency impact aid 

24 payments to eligible local educational agencies and 

25 eligible BIA-funded schools to enable such eligible 


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1 local educational agencies and schools to provide for 

2 the instruction of students served by such agencies 

3 and schools. 

4 (2) AID TO LOCAL EDUCATIONAL AGENCIES

5 AND BIA-FUNDED SCHOOLS.—A State educational 

6 agency shall make emergency impact aid payments 

7 to eligible local educational agencies and eligible 

8 BIA-funded schools in accordance with subsection 

9 (d). 

10 (3) STATE EDUCATIONAL AGENCIES.—The 

11 State educational agency for Puerto Rico or the Vir12 gin Islands, as the case may be, shall carry out the 

13 activities of eligible local educational agencies that 

14 are unable to carry out this section, including any 

15 eligible local educational agency where the authori16 ties normally exercised by local educational agencies 

17 are exercised by the government of Puerto Rico or 

18 the Virgin Islands. 

19 (4) NOTICE OF FUNDS AVAILABILITY.—Not 

20 later than 14 calendar days after the date of enact21 ment of this Act, the Secretary shall publish in the 

22 Federal Register a notice of the availability of funds 

23 under this section. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) DISPLACED STUDENT.—The term ‘‘dis2 placed student’’ means a student who— 

3 (A) enrolled in a public elementary school 

4 or secondary school (other than the school that 

5 the student was enrolled in, or was eligible to 

6 be enrolled in, on September 5, 2017) because 

7 such student resides or resided on September 5, 

8 2017, in a covered disaster area due to Hurri9 cane Irma; or 

10 (B) enrolled in a public elementary school 

11 or secondary school (other than the school that 

12 the student was enrolled in, or was eligible to 

13 be enrolled in, on September 16, 2017) because 

14 such student resides or resided on September 

15 16, 2017, in a covered disaster area due to 

16 Hurricane Maria. 

17 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN18 CIES.—The term ‘‘eligible local educational agency’’ 

19 means a local educational agency that serves a pub20 lic elementary school or secondary school in which 

21 there is enrolled a displaced student. 

22 (3) ELIGIBLE BIA-FUNDED SCHOOL.—In this 

23 section, the term ‘‘eligible BIA-funded school’’ 

24 means a school funded by the Bureau of Indian Af25 fairs in which there is enrolled a displaced student. 


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1 (c) APPLICATION.— 

2 (1) STATE EDUCATIONAL AGENCY.—A State 

3 educational agency that desires to receive emergency 

4 impact aid under this section shall submit an appli5 cation to the Secretary, not later than 7 calendar 

6 days after the date by which an application under 

7 paragraph (2) must be submitted, in such manner, 

8 and accompanied by such information as the Sec9 retary may reasonably require, including information 

10 on the total displaced student child count of the 

11 State provided by eligible local educational agencies 

12 in the State and eligible BIA-funded schools in the 

13 State under paragraph (2). 

14 (2) LOCAL EDUCATIONAL AGENCIES AND BIA15 FUNDED SCHOOLS.—An eligible local educational 

16 agency or eligible BIA-funded school that desires an 

17 emergency impact aid payment under this section 

18 shall submit an application to the State educational 

19 agency, not later than 14 calendar days after the 

20 date of the publication of the notice described in 

21 subsection (a)(4), in such manner, and accompanied 

22 by such information as the State educational agency 

23 may reasonably require, including documentation 

24 submitted quarterly for the 2017–2018 school year 

25 that indicates the following: 


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1 (A) In the case of an eligible local edu2 cational agency, the number of displaced stu3 dents enrolled in the public elementary schools 

4 and secondary schools (including the number of 

5 displaced students who are children with dis6 abilities) served by such agency for such quar7 ter. 

8 (B) In the case of an eligible BIA-funded 

9 school, the number of displaced students, in10 cluding the number of displaced students who 

11 are children with disabilities, enrolled in such 

12 school for such quarter. 

13 (3) DETERMINATION OF NUMBER OF DIS14 PLACED STUDENTS.—In determining the number of 

15 displaced students for a quarter under paragraph 

16 (2), an eligible local educational agency or eligible 

17 BIA-funded school shall include the number of dis18 placed students served— 

19 (A) in the case of a determination for the 

20 first quarterly installment, during the quarter 

21 prior to the date of enactment of this Act; and 

22 (B) in the case of a determination for each 

23 subsequent quarterly installment, during the 

24 quarter immediately preceding the quarter for 

25 which the installment is provided. 


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1 (d) AMOUNT OF EMERGENCY IMPACT AID.— 

2 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

3 (A) IN GENERAL.—The amount of emer4 gency impact aid received by a State edu5 cational agency for the 2017–2018 school year 

6 shall equal the sum of— 

7 (i) the product of the number of dis8 placed students (who are not children with 

9 disabilities), as determined by the eligible 

10 local educational agencies and eligible BIA11 funded schools in the State under sub12 section (c)(2), times $6,000; and 

13 (ii) the product of the number of dis14 placed students who are children with dis15 abilities, as determined by the eligible local 

16 educational agencies and eligible BIA-fund17 ed schools in the State under subsection 

18 (c)(2), times $7,500. 

19 (B) INSUFFICIENT FUNDS.—If the amount 

20 available under this section to provide emer21 gency impact aid under this subsection is insuf22 ficient to pay the full amount that a State edu23 cational agency is eligible to receive under this 

24 section, the Secretary shall ratably reduce the 

25 amount of such emergency impact aid. 


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1 (C) RETENTION OF STATE SHARE.—In the 

2 case of a State educational agency that has 

3 made a payment prior to the date of enactment 

4 of this Act to a local educational agency for the 

5 purpose of covering additional costs incurred as 

6 a result of enrolling a displaced student in a 

7 school served by the local educational agency, 

8 the State educational agency may retain a por9 tion of the payment described in paragraph 

10 (2)(B) that bears the same relation to the total 

11 amount of the payment under such paragraph 

12 as the sum of such prior payments bears to the 

13 total cost of attendance for all students in that 

14 local educational agency for whom the State 

15 educational agency made such prior payments. 

16 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

17 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 

18 (A) QUARTERLY INSTALLMENTS.—A State 

19 educational agency shall provide emergency im20 pact aid payments under this section on a quar21 terly basis for the 2017–2018 school year by 

22 such dates as determined by the Secretary. 

23 Such quarterly installment payments shall be 

24 based on the number of displaced students reVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 ported under subsection (c)(2) and in the 

2 amount determined under subparagraph (B). 

3 (B) PAYMENT AMOUNT.—Each quarterly 

4 installment payment under subparagraph (A) 

5 shall equal 25 percent of the sum of— 

6 (i) the number of displaced students 

7 (who are not children with disabilities) re8 ported by the eligible local educational 

9 agency or eligible BIA-funded school for 

10 such quarter (as determined under sub11 section (c)(2)) times $6,000; and 

12 (ii) the number of displaced students 

13 who are children with disabilities reported 

14 by the eligible local educational agency or 

15 eligible BIA-funded school for such quarter 

16 (as determined under subsection (c)(2)) 

17 times $7,500. 

18 (C) TIMELINE.—The Secretary shall estab19 lish a timeline for quarterly reporting on the 

20 number of displaced students in order to make 

21 the appropriate disbursements in a timely man22 ner. 

23 (D) INSUFFICIENT FUNDS.—If, for any 

24 quarter, the amount available under this section 

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1 sufficient to pay the full amount that an eligible 

2 local educational agency or eligible BIA-funded 

3 school is eligible to receive under this section, 

4 the State educational agency shall ratably re5 duce the amount of such payments. 

6 (3) DISPLACED STUDENTS.—Subject to the 

7 succeeding sentence, an eligible local educational 

8 agency or eligible BIA-funded school receiving emer9 gency impact aid payments under this section shall 

10 use the payments to provide services and assistance 

11 to public elementary schools and secondary schools 

12 served by such agency, or to such BIA-funded 

13 school, that enrolled a displaced student. 

14 (e) USE OF FUNDS.— 

15 (1) AUTHORIZED USES.—The authorized uses 

16 of funds are the following: 

17 (A) Paying the compensation of personnel, 

18 including teacher aides, in schools enrolling dis19 placed students. 

20 (B) Identifying and acquiring curricular 

21 material, including the costs of providing addi22 tional classroom supplies, and mobile edu23 cational units and leasing sites or spaces. 


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1 (C) Basic instructional services for such 

2 students, including tutoring, mentoring, or aca3 demic counseling. 

4 (D) Reasonable transportation costs. 

5 (E) Health and counseling services. 

6 (F) Education and support services. 

7 (2) PROVISION OF SPECIAL EDUCATION AND

8 RELATED SERVICES AND EARLY INTERVENTION

9 SERVICES.—In the case of a displaced student who 

10 is a child with a disability or an infant or toddler 

11 with a disability, any payment made on behalf of 

12 such student to an eligible local educational agency 

13 shall be used to pay for special education and re14 lated services (as such terms are defined in section 

15 602 of the Individuals with Disabilities Education 

16 Act (20 U.S.C. 1401)) or early intervention services 

17 for infants and toddlers with disabilities and their 

18 families described in part C of such Act (20 U.S.C. 

19 1431 et seq.), as applicable, consistent with such 

20 Act. 

21 (f) RETURN OF AID.— 

22 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

23 ELIGIBLE BIA-FUNDED SCHOOL.—An eligible local 

24 educational agency or eligible BIA-funded school 

25 that receives an emergency impact aid payment 


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1 under this section shall return to the State edu2 cational agency any payment provided to the eligible 

3 local educational agency or school under this section 

4 that the eligible local educational agency or school 

5 has not obligated by the end of the 2017–2018 

6 school year in accordance with this section. 

7 (2) STATE EDUCATIONAL AGENCY.—A State 

8 educational agency that receives emergency impact 

9 aid under this section, shall return to the Sec10 retary— 

11 (A) any aid provided to the agency under 

12 this section that the agency has not obligated 

13 by the end of the 2017–2018 school year in ac14 cordance with this section; and 

15 (B) any payment funds returned to the 

16 State educational agency under paragraph (1). 

17 (g) LIMITATION ON USE OF AID AND PAYMENTS.— 

18 Aid and payments provided under this section shall only 

19 be used for expenses incurred during the 2017–2018 

20 school year. 

21 (h) ADMINISTRATIVE EXPENSES.—A State edu22 cational agency that receives emergency impact aid under 

23 this section may use not more than 1 percent of such aid 

24 for administrative expenses. An eligible local educational 

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1 gency impact aid payments under this section may use not 

2 more than 2 percent of such payments for administrative 

3 expenses. 

4 (i) SPECIAL FUNDING RULE.—In calculating funding 

5 under section 8003 of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 7703) for an eligible 

7 local educational agency that receives an emergency im8 pact aid payment under this section, the Secretary shall 

9 not count displaced students served by such agency for 

10 whom an emergency impact aid payment is received under 

11 this section, nor shall such students be counted for the 

12 purpose of calculating the total number of children in av13 erage daily attendance at the schools served by such agen14 cy as provided in section 8003(b)(3)(B)(i) of such Act (20 

15 U.S.C. 7703(b)(3)(B)(i)). 

16 (j) TREATMENT OF STATE AID.—A State shall not 

17 take into consideration emergency impact aid payments 

18 received under this section by a local educational agency 

19 in the State in determining the eligibility of such local edu20 cational agency for State aid, or the amount of State aid, 

21 with respect to free public education of children. 

22 SEC. 618. SEVERABILITY. 

23 If any provision of this subtitle, an amendment made 

24 by this subtitle, or the application of such provision or 

25 amendment to any person or circumstance is held to be 


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1 unconstitutional, the remainder of this subtitle, the 

2 amendments made by this subtitle, and the application of 

3 the provisions of such to any person or circumstance shall 

4 not be affected thereby. 

5 SEC. 619. ANTI-PRIVATIZATION REQUIREMENT. 

6 Notwithstanding any provision of this title or any 

7 other law, Puerto Rico or the Virgin Islands shall, in order 

8 to be eligible for any funds made available under para9 graph (1) or (2) of section 601(a), provide the Secretary 

10 with an assurance that there will not be any changes in 

11 the governmental structure of the public elementary 

12 schools and secondary schools of any local educational 

13 agency that receives funds under this title for each fiscal 

14 year that the local educational agency receives funds under 

15 this title, and for the 3-year period following such fiscal 

16 year. 

17 SEC. 620. AUTHORIZATION OF FUNDS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out sections 612, 616, and 

20 617. 

21 SEC. 621. SUNSET PROVISION. 

22 Except as provided in section 615, the provisions of 

23 this subtitle shall be effective for the period beginning on 

24 the date of enactment of this Act and ending on August 

25 1, 2018. 


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1 Subtitle C—Higher Education 

2 Disaster Relief 

3 SEC. 631. DEFINITIONS. 

4 In this subtitle: 

5 (1) AFFECTED INDIVIDUAL.—The term ‘‘af6 fected individual’’ means an individual who has ap7 plied for or received student financial assistance 

8 under title IV of the Higher Education Act of 1965 

9 (20 U.S.C. 1070 et seq.) and— 

10 (A) who is an affected student; or 

11 (B) whose primary place of employment or 

12 residency was— 

13 (i) as of September 5, 2017, in a cov14 ered disaster area due to Hurricane Irma; 

15 or 

16 (ii) as of September 16, 2017, in a 

17 covered disaster area due to Hurricane 

18 Maria. 

19 (2) AFFECTED INSTITUTION.— 

20 (A) IN GENERAL.—The term ‘‘affected in21 stitution’’ means an institution of higher edu22 cation that— 

23 (i) is located in an area affected by a 

24 covered disaster; and 


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1 (ii) has temporarily ceased operations 

2 as a consequence of a covered disaster, as 

3 determined by the Secretary. 

4 (B) LENGTH OF TIME.—In determining 

5 eligibility for assistance under this subtitle, the 

6 Secretary, using consistent, objective criteria, 

7 shall determine the time period for which an in8 stitution of higher education is an affected in9 stitution. 

10 (C) SPECIAL RULE.—An organizational 

11 unit of an affected institution that is not im12 pacted by a covered disaster shall not be consid13 ered as part of such affected institution for pur14 poses of receiving assistance under this subtitle. 

15 (3) AFFECTED STUDENT.—The term ‘‘affected 

16 student’’ means an individual who was enrolled or 

17 accepted for enrollment on— 

18 (A) September 5, 2017, at an affected in19 stitution that closed due to Hurricane Irma; or 

20 (B) September 16, 2017, at an affected in21 stitution that closed due to Hurricane Maria. 

22 (4) CANCELLED ENROLLMENT PERIOD.—The 

23 term ‘‘cancelled enrollment period’’ means any pe24 riod of enrollment at an affected institution during 


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1 the academic year 2017–2018, during which stu2 dents were unable to attend such institution. 

3 (5) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ means— 

5 (A) an institution covered by the definition 

6 of such term in section 101 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1001); and 

8 (B) an institution described in subpara9 graph (A) or (B) of section 102(a)(1) of such 

10 Act (20 U.S.C. 1002(a)(1)(A), (B)). 

11 (6) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Education. 

13 SEC. 632. GENERAL WAIVERS AND MODIFICATIONS. 

14 (a) AUTHORITY.—Notwithstanding any other provi15 sion of law, unless enacted with specific reference to this 

16 section, the Secretary is authorized to waive or modify any 

17 statutory or regulatory provision described in section 

18 2(a)(2) of the Higher Education Relief Opportunities for 

19 Students Act of 2003 (20 U.S.C. 1098bb(a)(2)) to ensure 

20 that— 

21 (1) administrative requirements placed on af22 fected students, affected individuals, affected institu23 tions, lenders, guaranty agencies, and grantees are 

24 minimized to the extent possible without impairing 

25 the integrity of the higher education programs under 


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1 the Higher Education Act of 1965, to ease the bur2 den on such participants; or 

3 (2) institutions of higher education, lenders, 

4 guaranty agencies, and other entities participating in 

5 the student financial assistance programs under title 

6 IV of the Higher Education Act of 1965, that serve 

7 a covered disaster area may be granted temporary 

8 relief from requirements that are rendered infeasible 

9 or unreasonable due to the effects of a covered dis10 aster, including due diligence requirements and re11 porting deadlines. 

12 (b) AUTHORITY TO EXTEND OR WAIVE REPORTING

13 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 

14 is authorized to extend reporting deadlines or waive re15 porting requirements under section 131(a) of the Higher 

16 Education Act of 1965 (20 U.S.C. 1015(a)) for an af17 fected institution. 

18 (c) CONSTRUCTION.—Nothing in this subtitle shall be 

19 construed— 

20 (1) to allow the Secretary to waive or modify 

21 any applicable statutory or regulatory requirements 

22 prohibiting discrimination in a program or activity, 

23 or in employment or contracting, under existing law 

24 (in existence on the date of the Secretary’s action); 

25 or 


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1 (2) to authorize any refunding of any repay2 ment of a loan. 

3 SEC. 633. MODIFICATION OF PART A OF TITLE II GRANTS 

4 AUTHORIZED. 

5 The Secretary is authorized to approve modifications 

6 to the requirements for Teacher Quality Enhancement 

7 Grants for States and Partnerships under part A of title 

8 II of the Higher Education Act of 1965 (20 U.S.C. 1022 

9 et seq.), at the request of the grantee— 

10 (1) to assist States and local educational agen11 cies to recruit and retain highly qualified teachers in 

12 a school district located in a covered disaster area; 

13 and 

14 (2) to assist institutions of higher education, lo15 cated in such area to recruit and retain faculty nec16 essary to prepare teachers and provide professional 

17 development. 

18 SEC. 634. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR 

19 B OF TITLE III, TITLE V, AND OTHER GRANTS. 

20 The Secretary is authorized to modify the required 

21 and allowable uses of funds under chapters 1 and 2 of 

22 subpart 2 of part A of title IV of the Higher Education 

23 Act of 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et 

24 seq.), under part A or B of title III of such Act (20 U.S.C. 

25 1057 et seq., 1060 et seq.), under title V of such Act (20 


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1 U.S.C. 1101 et seq.), and under any other competitive 

2 grant program, at the request of an affected institution 

3 or other grantee, with respect to affected institutions and 

4 other grantees located in a covered disaster area. The Sec5 retary may, under the authority of this section, authorize 

6 new construction, renovation, or improvement of class7 rooms, libraries, laboratories, or other instructional facili8 ties that is not authorized under the institution’s grant 

9 award, as in effect on the date of enactment of this Act, 

10 under part A or B of title III, or title V, of the Higher 

11 Education Act of 1965. 

12 SEC. 635. PROFESSIONAL JUDGMENT. 

13 (a) IN GENERAL.—A financial aid administrator 

14 shall be considered to be making an adjustment in accord15 ance with section 479A(a) of the Higher Education Act 

16 of 1965 (20 U.S.C. 1087tt(a)) if the financial aid adminis17 trator makes the adjustment with respect to the calcula18 tion of the expected student or parent contribution (or 

19 both) for an affected student, or for a student or a parent 

20 who resides or resided, or was employed— 

21 (1) in a covered disaster area due to Hurricane 

22 Irma, on September 5, 2017; or 

23 (2) in a covered disaster area due to Hurricane 

24 Maria, on September 16, 2017. 


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1 (b) DOCUMENTATION.—The financial aid adminis2 trator shall adequately document the need for the adjust3 ment. 

4 SEC. 636. EXPANDING INFORMATION DISSEMINATION RE5 GARDING ELIGIBILITY FOR FEDERAL PELL 

6 GRANTS. 

7 (a) IN GENERAL.—The Secretary shall make special 

8 efforts, in conjunction with State efforts, to notify affected 

9 students and if applicable, their parents, who qualify for 

10 means-tested Federal benefit programs, of their potential 

11 eligibility for a maximum Federal Pell Grant under section 

12 401 of the Higher Education Act of 1965 (20 U.S.C. 

13 1070a), and shall disseminate such informational mate14 rials as the Secretary deems appropriate. 

15 (b) MEANS-TESTED FEDERAL BENEFIT PRO16 GRAM.—For the purpose of this section, the term ‘‘means17 tested Federal benefit program’’ means a mandatory 

18 spending program of the Federal Government, other than 

19 a program under the Higher Education Act of 1965 (20 

20 U.S.C. 1001 et seq.), in which eligibility for the program’s 

21 benefits, or the amount of such benefits, or both, are de22 termined on the basis of income or resources of the indi23 vidual or family seeking the benefit, and may include such 

24 programs as the supplemental security income program 

25 under title XVI of the Social Security Act, the food stamp 


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1 program under the Food Stamp Act of 1977, the free and 

2 reduced price school lunch program established under the 

3 Richard B. Russell National School Lunch Act, the tem4 porary assistance to needy families program established 

5 under part A of title IV of the Social Security Act, and 

6 the women, infants, and children program established 

7 under section 17 of the Child Nutrition Act of 1966, and 

8 other programs identified by the Secretary. 

9 SEC. 637. PROCEDURES. 

10 (a) REGULATORY REQUIREMENTS INAPPLICABLE.— 

11 Sections 482(c) and 492 of the Higher Education Act of 

12 1965 (20 U.S.C. 1089(c), 1098a) and section 553 of title 

13 5, United States Code, shall not apply to this subtitle. 

14 (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EX15 TENSIONS.—Notwithstanding section 437 of the General 

16 Education Provisions Act (20 U.S.C. 1232) and section 

17 553 of title 5, United States Code, the Secretary shall 

18 make publicly available, by notice in the Federal Register, 

19 the waivers, modifications, or extensions granted under 

20 this subtitle. 

21 (c) CASE-BY-CASE BASIS.—The Secretary is not re22 quired to exercise any waiver or modification authority 

23 under this subtitle on a case-by-case basis. 


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1 SEC. 638. TEMPORARY DEFERRAL FOR AFFECTED FED2 ERAL STUDENT LOAN BORROWERS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, an affected borrower of a covered Federal stu5 dent loan shall be eligible for deferment, in the same man6 ner and subject to the same conditions as deferments are 

7 provided for covered Federal student loans under section 

8 428(b)(1)(M) or 455(f)(1) of the Higher Education Act 

9 of 1965 (20 U.S.C. 1078(b)(1)(M); 1087e(f)(1)), for the 

10 1-year period beginning on the date of enactment of this 

11 Act. 

12 (b) EXTENSION.—The Secretary may extend a 

13 deferment provided under subsection (a) for not more than 

14 two 1-year periods, if the Secretary determines that condi15 tions warrant such an extension. 

16 (c) APPLICABILITY TO OTHER LAW.—Any deferment 

17 provided to an affected borrower under this section shall 

18 not impact the affected borrower’s eligibility for any other 

19 deferment under section 428(b)(1)(M) or 455(f)(2) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M), 

21 1087e(f)(2)). 

22 (d) DEFINITIONS.—In this section: 

23 (1) AFFECTED BORROWER.—In this section, 

24 the term ‘‘affected borrower’’ means an individual— 

25 (A) who is a borrower of a covered Federal 

26 student loan; and 


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1 (B) whose primary place of residency was, 

2 as of September 5, 2017, in Puerto Rico or the 

3 Virgin Islands. 

4 (2) COVERED FEDERAL STUDENT LOAN.—The 

5 term ‘‘covered Federal student loan’’ means a loan 

6 made, insured, or guaranteed under part B or D of 

7 title IV of the Higher Education Act of 1965 (20 

8 U.S.C. 1071 et seq.; 1078a et seq.). 

9 SEC. 639. TERMINATION OF AUTHORITY. 

10 The authority of the Secretary to issue waivers or 

11 modifications under this subtitle (except for section 638) 

12 shall expire at the conclusion of the 2017–2018 academic 

13 year. 

14 Subtitle D—Disaster Relief for 

15 Other Education and Related 

16 Programs 

17 SEC. 651. DEFINITIONS. 

18 (a) IN GENERAL.—Unless otherwise specified in this 

19 subtitle, the terms used in this subtitle have the meanings 

20 given the terms in section 8101 of the Elementary and 

21 Secondary Education Act of 1965 (20 U.S.C. 7801). 

22 (b) ADDITIONAL DEFINITIONS.—For the purposes of 

23 this subtitle: 

24 (1) AFFECTED HEAD START AGENCY.—The 

25 term ‘‘affected Head Start agency’’ means a Head 


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1 Start agency, including an early Head Start agency, 

2 receiving a significant number of children from a 

3 covered disaster area. 

4 (2) CHILD WITH A DISABILITY.—The term 

5 ‘‘child with a disability’’ has the meaning given such 

6 term in section 602 of the Individuals with Disabil7 ities Education Act (20 U.S.C. 1401). 

8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) a local educational agency (as defined 

11 in section 602 of the Individuals with Disabil12 ities Education Act (20 U.S.C. 1401)) if such 

13 agency is located in a covered disaster area; 

14 (B) a State educational agency (as defined 

15 in section 602 of such Act) of Puerto Rico or 

16 the Virgin Islands; or 

17 (C) a State interagency coordinating coun18 cil established under section 641 of such Act 

19 (20 U.S.C. 1441) if such council is located in 

20 a covered disaster area. 

21 (4) INDIVIDUAL ADVERSELY AFFECTED BY A

22 COVERED DISASTER.—The term ‘‘individual ad23 versely affected by a covered disaster’’ means an in24 dividual who was living, working, or attending 

25 school— 


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1 (A) on September 5, 2017, in a covered 

2 disaster area due to Hurricane Irma; or 

3 (B) on September 16, 2017, in a covered 

4 disaster area due to Hurricane Maria. 

5 (5) INFANT OR TODDLER WITH A DIS6 ABILITY.—The term ‘‘infant or toddler with a dis7 ability’’ has the meaning given such term in section 

8 632 of the Individuals with Disabilities Education 

9 Act (20 U.S.C. 1432). 

10 (6) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Education. 

12 SEC. 652. AGREEMENTS TO EXTEND CERTAIN DEADLINES 

13 OF THE INDIVIDUALS WITH DISABILITIES 

14 EDUCATION ACT TO FACILITATE THE PROVI15 SION OF EDUCATIONAL SERVICES TO CHIL16 DREN WITH DISABILITIES. 

17 (a) AUTHORITY.—The Secretary may enter into an 

18 agreement described in subsection (b) with an eligible enti19 ty to extend certain deadlines under the Individuals with 

20 Disabilities Education Act (20 U.S.C. 1400 et seq.) re21 lated to providing special education and related services, 

22 including early intervention services, to individuals ad23 versely affected by a covered disaster. 

24 (b) TERMS OF AGREEMENTS.—An agreement re25 ferred to in subsection (a) is an agreement with an eligible 


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1 entity made in accordance with subsection (e) that may 

2 extend the applicable deadlines under one or more of the 

3 following sections: 

4 (1) Section 612(a)(15)(C) of the Individuals 

5 with Disabilities Education Act (20 U.S.C. 

6 1412(a)(15)(C)), by extending up to an additional 

7 30 days the deadline for submission of the annual 

8 report to the Secretary and the public regarding the 

9 progress of the State and of children with disabilities 

10 in the State. 

11 (2) Section 616(b)(1)(A) of such Act (20 

12 U.S.C. 1416(b)(1)(A)), by extending up to an addi13 tional 30 days the deadline for finalization of the 

14 State performance plan. 

15 (3) Section 641(e)(1)(D) of such Act (20 

16 U.S.C. 1441(e)(1)(D)), by extending up to an addi17 tional 30 days the deadline for submission to the 

18 Governor of a State and the Secretary of the report 

19 on the status of early intervention programs for in20 fants and toddlers with disabilities and their families 

21 operated within the State. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed— 

24 (1) as permitting the waiver of— 

25 (A) any applicable Federal civil rights law; 


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1 (B) any student or family privacy protec2 tions, including provisions requiring parental 

3 consent for evaluations and services; 

4 (C) any procedural safeguards required 

5 under section 615 or 639 of the Individuals 

6 with Disabilities Education Act (20 U.S.C. 

7 1415, 1439); or 

8 (D) any requirements not specified in sub9 section (b); or 

10 (2) as removing the obligation of the eligible en11 tity to provide a child with a disability or an infant 

12 or toddler with a disability and their families— 

13 (A) a free appropriate public education 

14 under part B of the Individuals with Disabil15 ities Education Act (20 U.S.C. 1411 et seq.); or 

16 (B) early intervention services under part 

17 C of such Act (20 U.S.C. 1431 et seq.). 

18 (d) DURATION OF AGREEMENT.—An agreement 

19 under this section shall terminate at the conclusion of the 

20 2017–2018 academic year. 

21 (e) REQUEST TO ENTER INTO AGREEMENT.—To 

22 enter into an agreement under this section, an eligible en23 tity shall submit a request to the Secretary at such time, 

24 in such manner, and containing such information as the 

25 Secretary may require. 


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1 SEC. 653. HEAD START AND CHILD CARE AND DEVELOP2 MENT BLOCK GRANTS. 

3 (a) HEAD START.— 

4 (1) TECHNICAL ASSISTANCE, GUIDANCE, AND

5 RESOURCES.—From the amount made available for 

6 Head Start in this Act, the Secretary of Health and 

7 Human Services shall provide training and technical 

8 assistance, guidance, and resources through the Re9 gion 2 offices of the Administration for Children and 

10 Families (and may provide training and technical as11 sistance, guidance, and resources through other re12 gional offices of the Administration, at the request 

13 of such offices that administer affected Head Start 

14 agencies) to Head Start agencies in a covered dis15 aster area, and to affected Head Start agencies, to 

16 assist the agencies and entities involved to address 

17 the health and counseling needs of infants, toddlers, 

18 and young children affected by a covered disaster. 

19 Such training and technical assistance may be pro20 vided by contract or cooperative agreement with 

21 qualified national, regional, or local providers. 

22 (2) WAIVER.—For such period up to September 

23 30, 2018, and to such extent as the Secretary of 

24 Health and Human Services considers appropriate, 

25 the Secretary of Health and Human Services— 


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1 (A) may waive section 640(b) of the Head 

2 Start Act (42 U.S.C. 9835(b)) for Head Start 

3 agencies located in a covered disaster area and 

4 other affected Head Start agencies; and 

5 (B) shall waive requirements of docu6 mentation for individuals adversely affected by 

7 a covered hurricane disaster who participate in 

8 a Head Start program or an Early Head Start 

9 program funded under the Head Start Act. 

10 (b) CHILD CARE AND DEVELOPMENT BLOCK

11 GRANT.— 

12 (1) CHILD CARE AND DEVELOPMENT BLOCK

13 GRANT ACT OF 1990.—For such period up to Sep14 tember 30, 2018, and to such extent as the Sec15 retary of Health and Human Services considers to 

16 be appropriate, the Secretary of Health and Human 

17 Services may waive, for Puerto Rico, the Virgin Is18 lands, and any State serving significant numbers of 

19 individuals adversely affected by a covered disaster, 

20 provisions of the Child Care and Development Block 

21 Grant Act of 1990 (42 U.S.C. 9858 et seq.)— 

22 (A) relating to Federal income limitations 

23 on eligibility to receive child care services for 

24 which assistance is provided under such Act; 


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1 (B) relating to work requirements applica2 ble to eligibility to receive child care services for 

3 which assistance is provided under such Act; 

4 (C) relating to limitations on the use of 

5 funds under section 658G of the Child Care 

6 and Development Block Grant Act of 1990 (42 

7 U.S.C. 9858e); 

8 (D) preventing children designated as evac9 uees from receiving priority for child care serv10 ices provided under such Act, except that chil11 dren residing in a State and currently receiving 

12 services should not lose such services to accom13 modate evacuee children; and 

14 (E) relating to any non-Federal or capital 

15 contribution required (including copayment or 

16 other cost sharing by parents receiving child 

17 care assistance) to match Federal funds pro18 vided under programs administered by the Sec19 retary of Health and Human Services. 

20 (2) TECHNICAL ASSISTANCE AND GUIDANCE.— 

21 The Secretary of Health and Human Services may 

22 provide assistance to States for the purpose of pro23 viding training, technical assistance, and guidance to 

24 eligible child care providers (as defined in section 

25 658P of the Child Care and Development Block 


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1 Grant Act of 1990 (42 U.S.C. 9858n)) who are li2 censed and regulated, as applicable, by the States, to 

3 enable such providers to provide child care services 

4 for children and families described in paragraph (1). 

5 Such training and technical assistance may be pro6 vided through intermediary organizations, including 

7 those with demonstrated experience in providing 

8 training and technical assistance to programs serv9 ing school-age children up to age 13, involved in re10 instituting child care services on a broad scale in a 

11 covered disaster area. 

12 TITLE VII—ECONOMIC DEVEL13 OPMENT ASSISTANCE AND 

14 WORKER PROTECTIONS 

15 SEC. 701. TRAINING AND EMPLOYMENT SERVICES. 

16 (a) IN GENERAL.—Out of funds of the Treasury not 

17 otherwise appropriated, there is appropriated for the fiscal 

18 year ending September 30, 2018: For an additional 

19 amount for ‘‘Training and Employment Services’’, 

20 $25,000,000, for the dislocated workers national reserve 

21 to provide assistance under subparagraph (B) or (as ap22 propriate) subparagraph (C) of section 170(b)(1) of the 

23 Workforce Innovation and Opportunity Act (29 U.S.C. 

24 3225(b)(1)) for necessary expenses in Puerto Rico and the 


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1 Virgin Islands directly related to Hurricanes Irma and 

2 Maria, to remain available until expended. 

3 (b) TRANSFERS.—The Secretary of Labor may trans4 fer up to $3,500,000 of the amount described in sub5 section (a) to any other Department of Labor account for 

6 other reconstruction and recovery needs, including worker 

7 protection activities, in Puerto Rico and the Virgin Islands 

8 related to Hurricanes Irma and Maria. 

9 SEC. 702. EQUITABLE TREATMENT FOR RESIDENTS OF 

10 PUERTO RICO AND THE VIRGIN ISLANDS 

11 WITH RESPECT TO THE EARNED INCOME TAX 

12 CREDIT AND THE CHILD TAX CREDIT. 

13 (a) PUERTO RICO RESIDENTS ELIGIBLE FOR

14 EARNED INCOME TAX CREDIT.— 

15 (1) IN GENERAL.—Section 32 of the Internal 

16 Revenue Code of 1986 is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(n) RESIDENTS OF PUERTO RICO.— 

19 ‘‘(1) IN GENERAL.—In the case of residents of 

20 Puerto Rico— 

21 ‘‘(A) the United States shall be treated as 

22 including Puerto Rico for purposes of sub23 sections (c)(1)(A)(ii)(I) and (c)(3)(C), 


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1 ‘‘(B) subsection (c)(1)(D) shall not apply 

2 to nonresident alien individuals who are resi3 dents of Puerto Rico, and 

4 ‘‘(C) adjusted gross income and gross in5 come shall be computed without regard to sec6 tion 933 for purposes of subsections (a)(2)(B) 

7 and (c)(2)(A)(i). 

8 ‘‘(2) LIMITATION.—The credit allowed under 

9 this section by reason of this subsection for any tax10 able year shall not exceed the amount, determined 

11 under regulations or other guidance promulgated by 

12 the Secretary, that a similarly situated taxpayer 

13 would receive if residing in a State.’’. 

14 (2) CHILD TAX CREDIT NOT REDUCED.—Sub15 clause (II) of section 24(d)(1)(B)(ii) of such Code is 

16 amended by inserting before the period ‘‘(determined 

17 without regard to section 32(n) in the case of resi18 dents of Puerto Rico)’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 this subsection shall apply to taxable years begin21 ning after December 31, 2016. 

22 (b) EQUITABLE TREATMENT FOR RESIDENTS OF

23 PUERTO RICO WITH RESPECT TO THE REFUNDABLE

24 PORTION OF THE CHILD TAX CREDIT.— 


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1 (1) IN GENERAL.—Section 24(d)(1) of the In2 ternal Revenue Code of 1986 is amended by insert3 ing ‘‘or section 933’’ after ‘‘section 112’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall apply to taxable years begin6 ning after December 31, 2016. 

7 (c) TREATMENT OF RESIDENTS OF THE VIRGIN IS8 LANDS.— 

9 (1) IN GENERAL.—The Secretary of the Treas10 ury shall pay to the government of the Virgin Is11 lands amounts equal to the loss to that possession 

12 by reason of the application of— 

13 (A) section 32 of the Internal Revenue 

14 Code of 1986 (determined as if subsection (n) 

15 of such section, as added by subsection (a), ap16 plied to bona fide residents of that possession), 

17 and 

18 (B) section 24(d) of such Code (deter19 mined as if the amendment made by subsection 

20 (b) applied to bona fide residents of that pos21 session), 

22 with respect to taxable years beginning after Decem23 ber 31, 2016. Such amounts shall be determined by 

24 the Secretary of the Treasury based on information 

25 provided by the government of the Virgin Islands. 


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1 (2) TREATMENT OF PAYMENTS.—For purposes 

2 of section 1324(b)(2) of title 31, United States 

3 Code, the payments under this subsection shall be 

4 treated in the same manner as a refund due from 

5 the credit allowed under section 32 or 24 (by reason 

6 of subsection (d) thereof), whichever is applicable, of 

7 the Internal Revenue Code of 1986. 

8 SEC. 703. REQUIREMENT TO USE LOCAL LABOR. 

9 In carrying out relief and recovery efforts relating to 

10 a covered disaster in Puerto Rico and the Virgin Islands, 

11 the Administrator of the Federal Emergency Management 

12 Agency shall ensure that— 

13 (1) to the greatest extent practicable, individ14 uals who carry out such efforts are individuals who 

15 reside in a covered disaster area; 

16 (2) workers are protected by project labor 

17 agreements; and 

18 (3) local, family-sustaining union jobs are pro19 tected. 

20 SEC. 704. MINIMUM WAGE FOR YOUNG EMPLOYEES IN 

21 PUERTO RICO. 

22 Section 6(g) of the Fair Labor Standards Act of 

23 1938 (29 U.S.C. 206(g)) is amended— 


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1 (1) by striking paragraph (2) and redesignating 

2 paragraphs (3) through (5) as paragraphs (2) 

3 through (4), respectively; 

4 (2) in paragraph (2), as so redesignated, by 

5 striking ‘‘or (2)’’; and 

6 (3) in paragraph (4), as so redesignated, by 

7 striking ‘‘20 years, except’’ and all that follows 

8 through the period and inserting ‘‘20 years.’’. 

9 SEC. 705. OVERTIME HOURS PROTECTIONS FOR WORKERS 

10 IN PUERTO RICO. 

11 Section 404 of the Puerto Rico Oversight, Manage12 ment, and Economic Stability Act (48 U.S.C. 2193) is re13 pealed. 

14 SEC. 706. UNEMPLOYMENT ASSISTANCE FOR PUERTO RICO 

15 AND THE VIRGIN ISLANDS. 

16 (a) EXTENSION OF DISASTER UNEMPLOYMENT BEN17 EFIT PERIOD.— 

18 (1) IN GENERAL.—Notwithstanding section 

19 410(a) of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5177(a)) or 

21 any regulations implementing that section— 

22 (A) in the case of an individual who is ap23 plying for unemployment assistance under that 

24 section 410(a) as a result of a covered dis25 aster— 


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1 (i) the individual shall file the applica2 tion for unemployment assistance not later 

3 than July 11, 2018; and 

4 (ii) the individual shall submit all doc5 umentation required to be submitted in 

6 support of an application described in 

7 clause (i) not later than 90 days after the 

8 date on which the application was filed; 

9 and 

10 (B) in the case of an individual who is eli11 gible to receive unemployment assistance under 

12 that section 410(a) as a result of a covered dis13 aster, the President shall make such assistance 

14 available for 52 weeks after the date on which 

15 the President declared the covered disaster. 

16 (2) REGULATIONS.—The Secretary of Labor 

17 may prescribe any operating instructions or regula18 tions necessary to carry out this subsection. 

19 (b) OTHER UNEMPLOYMENT ASSISTANCE.—Section 

20 903 of the Social Security Act (42 U.S.C. 1103) is amend21 ed by adding at the end the following new subsection: 

22 ‘‘Special Transfer in Fiscal Year 2018 

23 ‘‘(h) Not later than 10 days after the date of the en24 actment of this subsection, the Secretary of the Treasury 


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1 shall transfer from the Federal unemployment account, to 

2 remain available until expended— 

3 ‘‘(1) $325,000,000 to the account of the Com4 monwealth of Puerto Rico in the Unemployment 

5 Trust Fund; and 

6 ‘‘(2) $25,000,000 to the account of the United 

7 States Virgin Islands in the Unemployment Trust 

8 Fund.’’. 

9 SEC. 707. ECONOMIC DEVELOPMENT ASSISTANCE PRO10 GRAMS. 

11 Out of funds of the Treasury not otherwise appro12 priated, there is appropriated, pursuant to section 703 of 

13 the Public Works and Economic Development Act (42 

14 U.S.C. 3233), an additional amount for ‘‘Economic Devel15 opment Assistance Programs’’, for necessary expenses re16 lated to disaster relief, long-term recovery, and restoration 

17 of infrastructure in areas covered by the declaration of a 

18 major disaster under title IV of the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

20 5121 et seq.) as a result of Hurricanes Irma and Maria, 

21 $235,612,500 for fiscal year 2018, to remain available 

22 until expended, of which— 

23 (1) $228,750,000 shall be made available for 

24 Puerto Rico; and 


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1 (2) $6,862,500 shall be made available for the 

2 Virgin Islands. 

3 SEC. 708. APPROPRIATION TO CDFI FUND FOR DISASTER 

4 RELIEF IN PUERTO RICO AND THE VIRGIN IS5 LANDS. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘community development financial 

8 institution’’ has the meaning given the term in sec9 tion 103 of the Community Development Banking 

10 and Financial Institutions Act of 1994 (12 U.S.C. 

11 4702); and 

12 (2) the term ‘‘Fund’’ means the Community 

13 Development Financial Institutions Fund established 

14 under section 104(a) of the Community Develop15 ment Banking and Financial Institutions Act of 

16 1994 (12 U.S.C. 4703(a)). 

17 (b) APPROPRIATION.—Out of funds of the Treasury 

18 not otherwise appropriated, there is appropriated to the 

19 Fund $250,000,000, which shall— 

20 (1) be used for financial and technical assist21 ance to community development financial institu22 tions for costs relating to disaster relief and long23 term recovery in covered disaster areas; and 

24 (2) remain available during the 5-year period 

25 beginning on the date of enactment of this Act. 


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1 (c) SUSPENSION OF MATCHING REQUIREMENT.— 

2 Notwithstanding any other provision of law, during the 5- 

3 year period beginning on the date of enactment of this 

4 Act, there shall be no requirement to match any assistance 

5 provided by the Fund to community development financial 

6 institutions for costs relating to disaster relief and long7 term recovery in covered disaster areas with funds from 

8 sources other than the Federal Government. 

9 SEC. 709. COMMUNITY DEVELOPMENT FUND. 

10 Out of funds of the Treasury not otherwise appro11 priated, there is appropriated to the Community Develop12 ment Fund of the Department of Housing and Urban De13 velopment $48,000,000,000 for fiscal year 2018, to re14 main available until expended, for necessary expenses for 

15 activities authorized under title I of the Housing and Com16 munity Development Act of 1974 (42 U.S.C. 5301 et seq.) 

17 related to disaster relief, long-term recovery, restoration 

18 of infrastructure and housing, and economic revitalization 

19 in the most impacted and distressed areas that are covered 

20 disaster areas, of which $46,000,000,000 shall be for such 

21 areas in Puerto Rico and $2,000,000,000 shall be for such 

22 areas in the Virgin Islands: Provided, That funds shall be 

23 awarded directly to the State or unit of general local gov24 ernment at the discretion of the Secretary of Housing and 

25 Urban Development (referred to in this section as the 


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1 ‘‘Secretary’’): Provided further, That as a condition of 

2 making any grant, the Secretary shall certify in advance 

3 that such grantee has in place proficient financial controls 

4 and procurement processes and has established adequate 

5 procedures to prevent any duplication of benefits as de6 fined in section 312 of the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act (42 U.S.C. 5155), 

8 to ensure timely expenditure of funds, to maintain com9 prehensive websites regarding all disaster recovery activi10 ties assisted with these funds, and to detect and prevent 

11 waste, fraud, and abuse of funds: Provided further, That 

12 prior to the obligation of funds a grantee shall submit a 

13 plan to the Secretary for approval detailing the proposed 

14 use of all funds, including criteria for eligibility and how 

15 the use of these funds will address long-term recovery and 

16 restoration of infrastructure and housing and economic re17 vitalization in the most impacted and distressed areas: 

18 Provided further, That such funds may not be used for 

19 activities reimbursable by, or for which funds are made 

20 available by, the Federal Emergency Management Agency 

21 or the Army Corps of Engineers: Provided further, That 

22 funds allocated under this section shall not be considered 

23 relevant to the non-disaster formula allocations made 

24 under section 106 of the Housing and Community Devel25 opment Act of 1974 (42 U.S.C. 5306): Provided further, 


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1 That a State, subdivision thereof, or unit of general local 

2 government may use not more than 5 percent of its alloca3 tion for administrative costs: Provided further, That in ad4 ministering the funds under this section, the Secretary 

5 may waive, or specify alternative requirements for, any 

6 provision of any statute or regulation that the Secretary 

7 administers in connection with the obligation by the Sec8 retary or the use by the recipient of these funds (except 

9 for requirements related to fair housing, nondiscrimina10 tion, labor standards, and the environment), if the Sec11 retary finds that good cause exists for the waiver or alter12 native requirement and such waiver or alternative require13 ment would not be inconsistent with the overall purpose 

14 of title I of the Housing and Community Development Act 

15 of 1974: Provided further, That, notwithstanding the pre16 ceding proviso, recipients of funds provided under this sec17 tion that use such funds to supplement Federal assistance 

18 provided under section 402, 403, 404, 406, 407, or 502 

19 of the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, with21 out review or public comment, any environmental review, 

22 approval, or permit performed by a Federal agency, and 

23 such adoption shall satisfy the responsibilities of the re24 cipient with respect to such environmental review, ap25 proval, or permit: Provided further, That, notwithstanding 


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1 section 104(g)(2) of the Housing and Community Devel2 opment Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 

3 may, upon receipt of a request for release of funds and 

4 certification, immediately approve the release of funds for 

5 an activity or project assisted under this section if the re6 cipient has adopted an environmental review, approval, or 

7 permit under the preceding proviso or the activity or 

8 project is categorically excluded from review under the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

10 et seq.): Provided further, That the Secretary shall publish 

11 via notice in the Federal Register any waiver, or alter12 native requirement, to any statute or regulation that the 

13 Secretary administers under title I of the Housing and 

14 Community Development Act of 1974 not later than 5 

15 days before the effective date of the waiver or alternative 

16 requirement: Provided further, That of the amounts made 

17 available under this section, not more than $10,000,000 

18 may be transferred, in aggregate, to ‘‘Department of 

19 Housing and Urban Development—Program Office Sala20 ries and Expenses—Community Planning and Develop21 ment’’ for necessary costs, including information tech22 nology costs, of administering and overseeing the obliga23 tion and expenditure of amounts under this section. 


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1 SEC. 710. SMALL BUSINESS ADMINISTRATION DISASTER 

2 LOANS. 

3 Out of funds of the Treasury not otherwise appro4 priated, there is appropriated to the Disaster Loans Pro5 gram Account of the Small Business Administration 

6 $2,730,729,378 for fiscal year 2018, to remain available 

7 until expended, to carry out the loan program authorized 

8 under section 7(b) of the Small Business Act (15 U.S.C. 

9 636(b)) in Puerto Rico and the Virgin Islands. 

10 TITLE VIII—ENVIRONMENTAL 

11 REMEDIATION 

12 SEC. 801. NATIONAL PARK SERVICE HISTORIC PRESERVA13 TION FUND. 

14 (a) FUNDING.—Out of funds of the Treasury not oth15 erwise appropriated, there is appropriated to the Historic 

16 Preservation Fund of the National Park Service 

17 $2,130,000 for fiscal year 2018, to remain available until 

18 expended, for necessary expenses relating to the con19 sequences of Hurricane Irma and Hurricane Maria, of 

20 which— 

21 (1) $1,300,000 is for necessary expenses in 

22 Puerto Rico; and 

23 (2) $830,000 is for necessary expenses in the 

24 Virgin Islands. 

25 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith26 standing any other provision of law, the non-Federal share 


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1 of the cost of any program or activity carried out using 

2 funds provided under this section shall be zero. 

3 SEC. 802. ENVIRONMENTAL PROTECTION AGENCY ENVI4 RONMENTAL PROGRAMS AND MANAGEMENT. 

5 Out of funds of the Treasury not otherwise appro6 priated, there is appropriated to the Environmental Pro7 grams and Management Account of the Environmental 

8 Protection Agency $1,100,000 for fiscal year 2018, to re9 main available until expended, for necessary expenses re10 lating to the consequences of Hurricane Irma and Hurri11 cane Maria, of which— 

12 (1) $700,000 is for necessary expenses in Puer13 to Rico; and 

14 (2) $400,000 is for necessary expenses in the 

15 Virgin Islands. 

16 SEC. 803. HAZARDOUS SUBSTANCE SUPERFUND. 

17 Out of funds of the Treasury not otherwise appro18 priated, there is appropriated to the Hazardous Substance 

19 Superfund established by section 9507(a) of the Internal 

20 Revenue Code of 1986 $2,000,000 for fiscal year 2018, 

21 to remain available until expended, for necessary expenses 

22 in Puerto Rico and the Virgin Islands relating to the con23 sequences of Hurricane Irma and Hurricane Maria. 


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1 SEC. 804. LEAKING UNDERGROUND STORAGE TANK FUND. 

2 Out of funds of the Treasury not otherwise appro3 priated, there is appropriated to the Leaking Underground 

4 Storage Tank Trust Fund established by section 9508(a) 

5 of the Internal Revenue Code of 1986 $2,760,000 for fis6 cal year 2018, to remain available until expended, for nec7 essary expenses relating to the consequences of Hurricane 

8 Irma and Hurricane Maria, of which— 

9 (1) $2,600,000 is for necessary expenses in 

10 Puerto Rico; and 

11 (2) $160,000 is for necessary expenses in the 

12 Virgin Islands. 

13 SEC. 805. DEPARTMENT OF THE INTERIOR GRANTS. 

14 (a) FUNDING.—Out of funds of the Treasury not oth15 erwise appropriated, there is appropriated to the Secretary 

16 of the Interior $7,054,000 for fiscal year 2018, to remain 

17 available until expended, of which— 

18 (1) $6,800,000 is for grants— 

19 (A) to restore and rebuild units of the Na20 tional Park System, units of the National Wild21 life Refuge System, and other Federal public 

22 assets in Puerto Rico; and 

23 (B) to increase the resiliency and capacity 

24 of coastal habitat and infrastructure in Puerto 

25 Rico to withstand storms and reduce the dam26 age caused by storms; and 


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1 (2) $254,000 is for grants— 

2 (A) to restore and rebuild units of the Na3 tional Park System, units of the National Wild4 life Refuge System, and other Federal public 

5 assets in the Virgin Islands; and 

6 (B) to increase the resiliency and capacity 

7 of coastal habitat and infrastructure in the Vir8 gin Islands to withstand storms and reduce the 

9 damage caused by storms. 

10 (b) WAIVER OF NON-FEDERAL SHARE.—Notwith11 standing any other provision of law, the non-Federal share 

12 of the cost of any program or activity carried out using 

13 funds provided under this section shall be zero. 

14 SEC. 806. DEPARTMENT OF DEFENSE ENVIRONMENTAL 

15 RESTORATION. 

16 (a) PUERTO RICO.— 

17 (1) ENVIRONMENTAL RESTORATION, ARMY.— 

18 Out of funds of the Treasury not otherwise appro19 priated, there is appropriated to the Environmental 

20 Restoration, Army account of the Department of 

21 Defense $6,335,000 for fiscal year 2018, to remain 

22 available until expended, to carry out environmental 

23 restoration activities at Army locations in Puerto 

24 Rico. 


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1 (2) ENVIRONMENTAL RESTORATION, NAVY.— 

2 Out of funds of the Treasury not otherwise appro3 priated, there is appropriated to the Environmental 

4 Restoration, Navy account of the Department of De5 fense $333,677,000 for fiscal year 2018, to remain 

6 available until expended, to carry out environmental 

7 restoration activities at Navy locations in Puerto 

8 Rico. 

9 (3) ENVIRONMENTAL RESTORATION, AIR

10 FORCE.—Out of funds of the Treasury not otherwise 

11 appropriated, there is appropriated to the Environ12 mental Restoration, Air Force account of the De13 partment of Defense $1,408,000 for fiscal year 

14 2018, to remain available until expended, to carry 

15 out environmental restoration activities at Air Force 

16 locations in Puerto Rico. 

17 (4) ENVIRONMENTAL RESTORATION, FORMERLY

18 USED DEFENSE SITES.—Out of funds of the Treas19 ury not otherwise appropriated, there is appro20 priated to the Environmental Restoration, Formerly 

21 Used Defense Sites account of the Department of 

22 Defense $161,028,000 for fiscal year 2018, to re23 main available until expended, to carry out environ24 mental restoration activities at sites formerly used 

25 by the Department of Defense in Puerto Rico. 


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1 (5) DEPARTMENT OF DEFENSE BASE CLOSURE

2 ACCOUNT.—Out of funds of the Treasury not other3 wise appropriated, there is appropriated to the De4 partment of Defense Base Closure Account estab5 lished by section 2906(a) of the Defense Base Clo6 sure and Realignment Act of 1990 (part A of title 

7 XXIX of Public Law 101–510; 10 U.S.C. 2687 

8 note) $46,896,000 for fiscal year 2018, to remain 

9 available until expended, to carry out environmental 

10 restoration activities at properties in Puerto Rico 

11 disposed of pursuant to a base closure law. 

12 (b) VIRGIN ISLANDS.—Out of funds of the Treasury 

13 not otherwise appropriated, there is appropriated to the 

14 Environmental Restoration, Formerly Used Defense Sites 

15 account of the Department of Defense $6,406,000 for fis16 cal year 2018, to remain available until expended, to carry 

17 out environmental restoration activities at sites formerly 

18 used by the Department of Defense in the Virgin Islands. 

19 SEC. 807. ADDITIONAL RECOVERY ASSISTANCE FOR PUER20 TO RICO AND THE VIRGIN ISLANDS FUND. 

21 (a) ESTABLISHMENT OF FUND.—There is estab22 lished in the Treasury a fund, to be known as the ‘‘Addi23 tional Recovery Assistance for Puerto Rico and the Virgin 

24 Islands Fund’’ (referred to in this section as the ‘‘Fund’’), 


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1 consisting of such amounts as are appropriated to the 

2 Fund under subsection (b). 

3 (b) FUNDING.—Out of funds of the Treasury not oth4 erwise appropriated, there is appropriated to the Fund 

5 $5,000,000 for fiscal year 2018, to remain available until 

6 expended. 

7 (c) AVAILABILITY OF FUNDS.—Amounts in the Fund 

8 shall be available without further appropriation to the Ad9 ministrator of the Environmental Protection Agency, the 

10 Secretary of Energy, the Secretary of Defense, and the 

11 Secretary of the Interior to carry out projects authorized 

12 under this title in Puerto Rico and the Virgin Islands that 

13 are not eligible for assistance under the public assistance 

14 grant program. 

15 SEC. 808. UNITED STATES FISH AND WILDLIFE SERVICE 

16 CONSTRUCTION. 

17 Out of any funds in the Treasury not otherwise ap18 propriated, there is appropriated for an additional amount 

19 for the Construction Account of the United States Fish 

20 and Wildlife Service $1,500,000 for fiscal year 2018, to 

21 remain available until expended, for necessary expenses re22 lated to the consequences of Hurricanes Irma and Maria 

23 in Puerto Rico and the Virgin Islands. 


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1 SEC. 809. ACTIVITIES CARRIED OUT BY THE CHIEF OF EN2 GINEERS IN PUERTO RICO AND THE VIRGIN 

3 ISLANDS. 

4 In carrying out activities under this title in Puerto 

5 Rico and the Virgin Islands, the Chief of Engineers— 

6 (1) shall prioritize recycling and composting; 

7 and 

8 (2) may not use air curtain incinerators in 

9 cleaning up debris. 

10 SEC. 810. PROHIBITION ON PRIVATIZATION. 

11 No service provided or structure, facility, or means 

12 of transportation built, repaired, restored, improved, ex13 panded, or carried out using amounts made available 

14 under this title may be transferred to the ownership and 

15 control of a private individual or entity. 

16 TITLE IX—LONG-TERM RESIL17 IENT EMERGENCY DISASTER 

18 RELIEF PLAN 

19 SEC. 901. LONG-TERM DISASTER RELIEF PLAN FOR PUER20 TO RICO AND THE VIRGIN ISLANDS. 

21 (a) IN GENERAL.—Not later than 8 months after the 

22 date of enactment of this Act, the Administrator of the 

23 Federal Emergency Management Agency, in coordination 

24 with the Secretary of Homeland Security, the Adminis25 trator of the Environmental Protection Agency, the Sec26 retary of Housing and Urban Development, the Secretary 


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1 of the Interior, the Secretary of Health and Human Serv2 ices, the Secretary of Transportation, and the Secretary 

3 of Commerce, shall submit to Congress a plan for Federal 

4 disaster relief response in the case of Puerto Rico or the 

5 Virgin Islands experiencing a category 4 or higher hurri6 cane event. 

7 (b) REQUIREMENTS.—The plan required to be estab8 lished under subsection (a) shall— 

9 (1) include a strategy for providing disaster re10 lief to Puerto Rico or the Virgin Islands after expe11 riencing 2 or more consecutive category 4 or higher 

12 hurricane events; and 

13 (2) be developed in consultation with the may14 ors and other elected officials of each unit of local 

15 government affected by Hurricane Irma or Maria. 

16 TITLE X—FEMA PROVISIONS 

17 SEC. 1001. WAIVER OF NON-FEDERAL SHARE REQUIRE18 MENTS. 

19 (a) PUBLIC ASSISTANCE GRANT PROGRAM.—Not20 withstanding any other provision of law, any amounts 

21 awarded for a covered disaster area relating to a covered 

22 disaster under the public assistance grant program shall 

23 not be subject to a non-Federal share requirement. 

24 (b) HAZARD MITIGATION GRANT PROGRAM.—The 

25 President shall contribute 100 percent of the cost of eligiVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 ble hazard mitigation measures in a covered disaster area 

2 under section 404 of the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 5170c). 

4 (c) FINANCIAL ASSISTANCE TO ADDRESS OTHER

5 NEEDS UNDER INDIVIDUALS AND HOUSEHOLDS PRO6 GRAM.—Notwithstanding section 408(g)(2)(A) of the Rob7 ert T. Stafford Disaster Relief and Emergency Assistance 

8 Act (42 U.S.C. 5174(g)(2)(A)), or any other provision of 

9 law, for purposes of financial assistance provided under 

10 subsection (c) of such section to an individual or household 

11 located in a covered disaster area, the Federal share shall 

12 be 100 percent. 

13 SEC. 1002. HAZARD MITIGATION. 

14 (a) PERCENTAGE FOR HMGP CONTRIBUTIONS.— 

15 Notwithstanding sections 322 and 404 of the Robert T. 

16 Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5165 and 5170c), the total contributions under 

18 such section 404 shall not exceed 20 percent of the esti19 mated aggregate amount of grants to be made (less any 

20 associated administrative costs) under such Act. 

21 (b) ADVANCE ASSISTANCE PERCENTAGE.—For haz22 ard mitigation measures to be carried out in a covered 

23 disaster area relating to a covered disaster, section 404(e) 

24 of the Robert T. Stafford Disaster Relief and Emergency 

25 Assistance Act (42 U.S.C. 5170c(e)) shall be applied by 


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1 substituting ‘‘shall provide 25 percent’’ for ‘‘may provide 

2 not more than 25 percent’’. 

3 (c) MINIMUM AMOUNT FOR HAZARD MITIGATION

4 BASED ON 6-MONTH ESTIMATE.—For a covered disaster, 

5 the estimated aggregate amount of grants to be made in 

6 a covered disaster area for purposes of section 404 of the 

7 Robert T. Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5170c) shall not be less than the esti9 mate of such aggregate amount of grants in the projection 

10 described in section 207.5(b)(2) of title 44, Code of Fed11 eral Regulations. 

12 SEC. 1003. REPAIR, RESTORATION, AND REPLACEMENT OF 

13 DAMAGED FACILITIES. 

14 (a) COST-EFFECTIVENESS OF MITIGATION MEAS15 URES.—For purposes of contributions for mitigation 

16 measures for a facility in a covered disaster area under 

17 section 406 of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5172) a mitigation 

19 measure shall be considered to be cost-effective if the cost 

20 of the measures does not exceed 25 percent of the total 

21 eligible repair cost of the facility. 

22 (b) BENEFIT-COST METHODOLOGY.—If a benefit23 cost analysis methodology is used to determine the cost24 effectiveness of a mitigation measure that exceeds 25 per25 cent of the total eligible repair cost of the facility, as deVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 scribed in subsection (a), under section 406 of the Robert 

2 T. Stafford Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5172), the benefit-cost analysis methodology 

4 shall take into consideration— 

5 (1) hazard mitigation benefits; 

6 (2) expected economic benefits, including job 

7 creation; and 

8 (3) expected environmental benefits. 

9 SEC. 1004. COMMUNITY DISASTER LOANS. 

10 (a) TREATMENT AS STATE AND LOCAL GOVERN11 MENTS.—Notwithstanding section 102 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5122), for purposes of assistance under section 

14 417 of the Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5184), with respect to 

16 a covered disaster— 

17 (1) Puerto Rico and the Virgin Islands shall be 

18 deemed to be local governments; and 

19 (2) an instrumentality or local government of 

20 Puerto Rico or the Virgin Islands shall be deemed 

21 to be a local government. 

22 (b) REPAYMENT CANCELLATION.—Repayment of a 

23 loan made to a local government in a covered disaster area 

24 under section 417 of the Robert T. Stafford Disaster ReVerDate Sep 11 2014 23:40 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2165.IS S2165

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1 lief and Emergency Assistance Act (42 U.S.C. 5184), in2 cluding any interest on such loan, shall not be required. 

3 (c) ELIGIBLE USE OF LOAN.—Any loan made to a 

4 local government in a covered disaster area under section 

5 417 of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5184) may be used at 

7 the discretion of the loan recipient to pay the upfront costs 

8 of any project relating to the covered disaster for which 

9 amounts are awarded under the public assistance grant 

10 program. 

11 (d) LIMITATION ON USE OF LOAN.—Any loan made 

12 under section 417 of the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act (42 U.S.C. 5184) in 

14 a covered disaster area may not be used to pay principal 

15 or interest due on a bond or other debt that was issued 

16 or incurred before the date of the covered disaster. 

17 SEC. 1005. WAIVER OF LIMIT ON MANAGEMENT COSTS. 

18 For a covered disaster, the $20,000,000 limit on 

19 management costs described in section 207.5(c) of title 44, 

20 Code of Federal Regulations, or any successor thereto, 

21 shall not apply. 

22 SEC. 1006. MAXIMUM AMOUNT OF ASSISTANCE FOR INDI23 VIDUALS AND HOUSEHOLDS PROGRAM. 

24 For purposes of financial assistance provided under 

25 section 408 of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5174) to an indi2 vidual or household located in a covered disaster area, sub3 section (h)(1) of such section shall be applied by sub4 stituting ‘‘$67,000’’ for ‘‘$25,000’’. 

5 SEC. 1007. AVAILABILITY OF TRANSLATORS. 

6 (a) FEMA AND CORPS OF ENGINEERS.—Until the 

7 end of the period for providing assistance relating to a 

8 covered disaster, the Administrator of the Federal Emer9 gency Management Agency and the Chief of Engineers 

10 shall ensure that the Federal Emergency Management 

11 Agency and the Corps of Engineers, respectively, have 

12 each assigned not less than 2 translators who are fluent 

13 in English and Spanish to each of the following regions: 

14 (1) The region surrounding San Juan, Puerto 

15 Rico. 

16 (2) The region surrounding Arecibo, Puerto 

17 Rico. 

18 (3) The region surrounding Mayagu ̈ez, Puerto 

19 Rico. 

20 (4) The region surrounding Ponce, Puerto Rico. 

21 (b) OTHER AGENCIES.—Until the end of the period 

22 for providing assistance relating to a covered disaster, the 

23 head of each other agency providing assistance in Puerto 

24 Rico relating to a covered disaster shall ensure that the 


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1 agency has assigned not less than 1 translator who is flu2 ent in English and Spanish to Puerto Rico. 

3 TITLE XI—EMERGENCY 

4 FUNDING 

5 Subtitle A—General Provisions 

6 SEC. 1101. EXTENSION OF CLAIM FILING DEADLINE. 

7 Notwithstanding any other provision of law, any re8 quest for assistance under the Robert T. Stafford Disaster 

9 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

10 seq.) in relation to a covered disaster shall be submitted 

11 not later than 240 days after the date of the covered dis12 aster. 

13 SEC. 1102. EMERGENCY DESIGNATION. 

14 Each amount appropriated under this Act is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985 

18 (2 U.S.C. 901(b)(2)(A)(i)). 

19 Subtitle B—Puerto Rico and Virgin 

20 Islands Hurricane Damage Res21 toration Account 

22 SEC. 1111. DEFINITIONS. 

23 In this subtitle: 


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1 (1) CERTIFIED REQUISITION.—The term ‘‘cer2 tified requisition’’ means a requisition made under 

3 section 1113. 

4 (2) COVERED TERRITORY.—The term ‘‘covered 

5 territory’’ means the Commonwealth of Puerto Rico 

6 and the Virgin Islands. 

7 (3) EMERGENCY AND RECOVERY PERIOD.—The 

8 term ‘‘emergency and recovery period’’ means the 4- 

9 year period beginning on the date of enactment of 

10 this Act. 

11 (4) FUND.—The term ‘‘Fund’’ means the Puer12 to Rico and United States Virgin Islands Hurricane 

13 Damage Restoration Account established under sec14 tion 1112. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Treasury. 

17 SEC. 1112. PUERTO RICO AND UNITED STATES VIRGIN IS18 LANDS HURRICANE DAMAGE RESTORATION 

19 ACCOUNT. 

20 (a) ESTABLISHMENT.—There is established on the 

21 books of the Treasury of the United States an account 

22 to be known as the Puerto Rico and United States Virgin 

23 Islands Hurricane Damage Restoration Account. 

24 (b) DISTRIBUTION OF FUNDS.—The Secretary shall 

25 deposit funds granted under section 1113 to the Fund for 


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1 distribution to the covered territories and instrumental2 ities of the covered territories pursuant to the terms of 

3 this Act. 

4 SEC. 1113. ESTABLISHMENT AND OPERATION OF THE 

5 PUERTO RICO AND VIRGIN ISLANDS EMER6 GENCY CREDIT FACILITY. 

7 (a) EMERGENCY GRANT FUNDING.—There are here8 by appropriated, out of any funds in the Treasury not oth9 erwise appropriated, to the Fund such sums as may be 

10 necessary to carry out this subtitle, for the exclusive pur11 pose of assisting the covered territories and the instrumen12 talities of covered territories to meet any cash-flow short13 falls that result from damage to the covered territories 

14 caused by Hurricane Irma or Maria. 

15 (b) DISBURSEMENTS.—Disbursements made from 

16 the Fund are subject to the certified requisition under 

17 subsection (d) and other conditions established by this 

18 Act. 

19 (c) GRANTS.—The Secretary shall make a grant, not 

20 later than 10 days after the date on which the Secretary 

21 receives a certified requisition, of funds from time to time 

22 during the emergency and recovery period, out of any 

23 money in the Treasury not otherwise appropriated, to 

24 meet any cash-flow shortfalls that result from damage to 


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1 a covered territory or any instrumentality of a covered ter2 ritory caused by Hurricane Irma or Maria if— 

3 (1) the Governor of the covered territory deter4 mines that disbursements provided under subsection 

5 (b) and any supplemental amounts that may be 

6 made available under subsection (a) through future 

7 appropriations are inadequate to address any cash8 flow shortfalls that result from the damage to the 

9 covered territory caused by Hurricane Irma or 

10 Maria; and 

11 (2) the conditions described in subsection (d) 

12 are satisfied. 

13 (d) CONDITIONS.—The Secretary shall make a grant 

14 under this section if— 

15 (1) the Governor of a covered territory, with re16 spect to Puerto Rico, or an authorized representative 

17 of an instrumentality of the covered territory, in 

18 consultation with appropriate authorities according 

19 to the law of the covered territory, delivers to the 

20 Secretary a certified requisition for a grant under 

21 this section; and 

22 (2) the Governor and appropriate authorities as 

23 subject to the law of the covered territory certify 

24 that the grant is necessary— 


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1 (A) to support the liquidity needs of the 

2 covered territory or an instrumentality of the 

3 territory, as applicable; and 

4 (B) to meet ongoing recovery needs from 

5 Hurricanes Maria and Irma. 

6 (e) PROCEDURES.—Certified requisitions shall be 

7 submitted on a quarterly basis. 

8 (f) LIMITATION.—The total amount of grants made 

9 under this subtitle shall not exceed— 

10 (1) $57,206,000,000 with respect to Puerto 

11 Rico; and 

12 (2) $5,000,000,000 with respect to the Virgin 

13 Islands. 

Æ 


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