II 

115TH CONGRESS 

2D SESSION S. 2873 

To support businesses in Puerto Rico, extend child tax credits for families 

in Puerto Rico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2018 

Mr. HATCH (for himself and Mr. RUBIO) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To support businesses in Puerto Rico, extend child tax 

credits for families in Puerto Rico, 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 Economic Empowerment Act of 2018’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TAX RELIEF 

Sec. 101. Temporary employee payroll tax cut for residents of Puerto Rico. 

Sec. 102. Equal treatment of Puerto Rican families with 1 or more children 

that is currently provided to families with 3 or more children. 


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TITLE II—FLEXIBILITY FOR PUERTO RICO IN SMALL BUSINESS 

ADMINISTRATION PROGRAMS 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Subtitle A—Lending 

Sec. 211. Microloan program for Puerto Rico small business concerns. 

Subtitle B—Procurement 

Sec. 221. Priority for surplus property transfers. 

Sec. 222. Subcontracting incentives for protege firms that are Puerto Rico 

businesses. 

Sec. 223. Additional mentor-protege relationships for protege firms that are 

Puerto Rico businesses. 

Subtitle C—Entrepreneurial Development 

Sec. 231. FAST grant program for Puerto Rico. 

Subtitle D—Small Business Administration Oversight 

Sec. 241. Requirement for the District Director of Puerto Rico. 

Subtitle E—Disaster Loan Program Expansion 

Sec. 251. Amendment to definition of disaster for 7(b) loans. 

Subtitle F—Amendment to the Investment Company Act of 1940 

Sec. 261. Termination of exemption for companies in territories of the United 

States. 

TITLE III—ECONOMIC STATISTICS 

Sec. 301. Definition. 

Sec. 302. Inclusion of Puerto Rico in Census surveys. 

Sec. 303. Federal Statistical Research Data Center. 

TITLE IV—OFFSETS 

Sec. 401. Prevention and Public Health Fund. 

1 TITLE I—TAX RELIEF 

2 SEC. 101. TEMPORARY EMPLOYEE PAYROLL TAX CUT FOR 

3 RESIDENTS OF PUERTO RICO. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, in the case of a qualified resident of Puerto 

6 Rico— 


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1 (1) there shall be allowed a credit against the 

2 tax imposed by section 1401(a) of the Internal Rev3 enue Code of 1986 for any taxable year which begins 

4 in the payroll tax holiday period an amount equal to 

5 3.1 percent of the lesser of— 

6 (A) the self-employment income (as defined 

7 in section 1402(b) of such Code) derived from 

8 sources within Puerto Rico (as determined 

9 under section 937(b) of such Code) for the tax10 able year, or 

11 (B) the net earnings from self-employment 

12 (as defined in section 1402(a) of such Code) for 

13 the taxable year, and 

14 (2) with respect to remuneration received dur15 ing the payroll tax holiday period for services per16 formed as an employee within Puerto Rico (except 

17 amounts received for services performed as an em18 ployee of the United States or any agency thereof), 

19 the rate of tax under 3101(a) of such Code shall be 

20 3.1 percent (including for purposes of determining 

21 the applicable percentage under sections 3201(a) 

22 and 3211(a)(1) of such Code). 

23 (b) SPECIAL RULES.— 

24 (1) APPLICATION OF RULE FOR SPECIAL RE25 FUNDS.—In the case of a qualified resident of PuerVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 to Rico to whom subsection (a)(2) applies, the first 

2 sentence of section 6413(c)(1) of the Internal Rev3 enue Code of 1986 shall be applied by substituting 

4 for ‘‘exceeds the tax with respect to the amount of 

5 such wages received in such year which is equal to 

6 such contribution and benefit base’’ the following: 

7 ‘‘exceeds the sum of— 

8 ‘‘(1) 3.1 percent of the lesser of— 

9 ‘‘(A) the wages received in such year to 

10 which section 2(a)(2) of the Puerto Rico Eco11 nomic Empowerment Act of 2018 applies, or 

12 ‘‘(B) the contribution and benefit base, 

13 plus 

14 ‘‘(2) 6.2 percent of the lesser of— 

15 ‘‘(A) the wages received in such year to 

16 which such section does not apply, or 

17 ‘‘(B) the contribution and benefits base re18 duced (but not below zero) by the amount of 

19 wages taken into account under paragraph 

20 (1).’’. 

21 (2) EMPLOYER LIABILITY.—An employer who 

22 receives an attestation from an employee, in such 

23 form and manner as directed by the Secretary of the 

24 Treasury (or the Secretary’s delegate), that such 

25 employee is a qualified resident of Puerto Rico shall 


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1 not be liable under section 3102 or 3202 of the In2 ternal Revenue Code of 1986 for any failure to col3 lect taxes in excess of the rate which applies under 

4 this section unless a reasonable person would deter5 mine that such attestation is not true and correct. 

6 (3) DE MINIMIS SERVICES.—For purposes of 

7 subsection (a)(2), services performed as an employee 

8 outside of Puerto Rico shall not be taken into ac9 count if such services are de minimis. 

10 (c) DEFINITIONS.— 

11 (1) QUALIFIED RESIDENT.—The term ‘‘quali12 fied resident’’ means, with respect to any calendar 

13 year, any individual— 

14 (A) who was present in Puerto Rico for at 

15 least 183 days during the preceding calendar 

16 year, and 

17 (B) who, as of the first day of the calendar 

18 year, does not have a tax home (determined 

19 under the principles of section 911(d)(3) of the 

20 Internal Revenue Code of 1986 without regard 

21 to the second sentence thereof) outside of Puer22 to Rico and does not have a closer connection 

23 (determined under the principles of section 

24 7701(b)(3)(B)(ii) of such Code) to the United 


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1 States or a foreign country than to Puerto 

2 Rico. 

3 For purposes of subparagraph (A), the determina4 tion of whether a person is present for any day shall 

5 be made under the principles of section 7701(b) of 

6 such Code. 

7 (2) PAYROLL TAX HOLIDAY PERIOD.—The term 

8 ‘‘payroll tax holiday period’’ means the period begin9 ning after June 30, 2018, and ending before July 1, 

10 2020. 

11 (d) EMPLOYER NOTIFICATION.—The Secretary of 

12 the Treasury shall notify employers of the payroll tax holi13 day period in any manner the Secretary deems appro14 priate. 

15 (e) TRANSFERS OF FUNDS.— 

16 (1) TRANSFERS TO FEDERAL OLD-AGE AND

17 SURVIVORS INSURANCE TRUST FUND.—There are 

18 hereby appropriated to the Federal Old-Age and 

19 Survivors Trust Fund and the Federal Disability In20 surance Trust Fund established under section 201 

21 of the Social Security Act (42 U.S.C. 401) amounts 

22 equal to the reduction in revenues to the Treasury 

23 by reason of the application of subsection (a). 

24 Amounts appropriated by the preceding sentence 

25 shall be transferred from the general fund at such 


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1 times and in such manner as to replicate to the ex2 tent possible the transfers which would have oc3 curred to such Trust Fund had such amendments 

4 not been enacted. 

5 (2) TRANSFERS TO SOCIAL SECURITY EQUIVA6 LENT BENEFIT ACCOUNT.—There are hereby appro7 priated to the Social Security Equivalent Benefit Ac8 count established under section 15A(a) of the Rail9 road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 

10 amounts equal to the reduction in revenues to the 

11 Treasury by reason of the application of subsection 

12 (a)(2). Amounts appropriated by the preceding sen13 tence shall be transferred from the general fund at 

14 such times and in such manner as to replicate to the 

15 extent possible the transfers which would have oc16 curred to such Account had such amendments not 

17 been enacted. 

18 (3) COORDINATION WITH OTHER LAWS.—For 

19 purposes of applying any provision of law other than 

20 the provisions of the Internal Revenue Code of 1986, 

21 the rate of tax in effect under section 3101(a) of 

22 such Code shall be determined without regard to the 

23 reduction in such rate under this section. 


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1 SEC. 102. EQUAL TREATMENT OF PUERTO RICAN FAMILIES 

2 WITH 1 OR MORE CHILDREN THAT IS CUR3 RENTLY PROVIDED TO FAMILIES WITH 3 OR 

4 MORE CHILDREN. 

5 (a) IN GENERAL.—Section 24 of the Internal Rev6 enue Code of 1986, as amended by section 11022 of Public 

7 Law 115–97, is amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(i) RESIDENTS OF PUERTO RICO.—In the case of 

10 an individual who is a bona fide resident of Puerto Rico 

11 during the entire taxable year— 

12 ‘‘(1) subsection (d)(1)(B)(ii) shall be applied 

13 (after application of subsection (h)), by substituting 

14 ‘1 or more qualifying children’ for ‘3 or more quali15 fying children’, and 

16 ‘‘(2) for purposes of subclause (I) of such sub17 section, such individual’s social security taxes for 

18 such taxable year shall be determined as if section 

19 101 of the Puerto Rico Economic Empowerment Act 

20 of 2018 did not apply.’’. 

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

22 this section shall apply to taxable years beginning after 

23 December 31, 2017. 


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1 TITLE II—FLEXIBILITY FOR 

2 PUERTO RICO IN SMALL BUSI3 NESS ADMINISTRATION PRO4 GRAMS 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘Puerto Rico Oppor7 tunity, Small Business Prosperity, and Economic Revital8 ization Act of 2018’’. 

9 SEC. 202. DEFINITIONS. 

10 (a) IN GENERAL.—In this title: 

11 (1) ADMINISTRATION; ADMINISTRATOR.—The 

12 terms ‘‘Administration’’ and ‘‘Administrator’’ mean 

13 the Small Business Administration and the Adminis14 trator thereof. 

15 (2) MICROLOAN PROGRAM.—The term 

16 ‘‘microloan program’’ means the program estab17 lished under section 7(m) of the Small Business Act 

18 (15 U.S.C. 636(m)). 

19 (3) OVERSIGHT BOARD TERMINATION DATE.— 

20 The term ‘‘Oversight Board termination date’’ 

21 means the date on which the Oversight Board estab22 lished under section 101 of the Puerto Rico Over23 sight, Management, and Economic Stability Act (48 

24 U.S.C. 2121) terminates. 


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

2 means the Commonwealth of Puerto Rico. 

3 (5) PUERTO RICO BUSINESS.—The term ‘‘Puer4 to Rico business’’ means a small business concern 

5 that has its principal office located in the Common6 wealth of Puerto Rico. 

7 (6) SMALL BUSINESS CONCERN.—The term 

8 ‘‘small business concern’’ has the meaning given the 

9 term in section 3 of the Small Business Act (15 

10 U.S.C. 632). 

11 (b) SMALL BUSINESS ACT.—Section 3 of the Small 

12 Business Act (15 U.S.C. 632) is amended by adding at 

13 the end the following: 

14 ‘‘(ee) PUERTO RICO BUSINESS.—In this Act, the 

15 term ‘Puerto Rico business’ means a small business con16 cern that has its principal office located in the Common17 wealth of Puerto Rico.’’. 

18 Subtitle A—Lending 

19 SEC. 211. MICROLOAN PROGRAM FOR PUERTO RICO SMALL 

20 BUSINESS CONCERNS. 

21 (a) INCREASE IN ACCESS TO CAPITAL FOR CERTAIN

22 INTERMEDIARIES.—Section 7(m)(3)(C) of the Small Busi23 ness Act (15 U.S.C. 636(m)(3)(C)) is amended— 

24 (1) by inserting ‘‘and except as provided in 

25 clause (ii)’’ after ‘‘subsection (a)(3)’’; 


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1 (2) by striking ‘‘Notwithstanding’’ and insert2 ing the following: 

3 ‘‘(i) IN GENERAL.—Notwithstanding’’; 

4 and 

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

6 ‘‘(ii) EXCEPTION FOR CERTAIN PUER7 TO RICO BUSINESSES.— 

8 ‘‘(I) IN GENERAL.—No loan shall 

9 be made under this subsection if the 

10 total amount outstanding and com11 mitted to 1 covered intermediary (ex12 cluding outstanding grants) from the 

13 business loan and investment fund es14 tablished by this Act would, as a re15 sult of such loan, exceed $6,000,000 

16 in the remaining years of the covered 

17 intermediary’s participation in the 

18 program. 

19 ‘‘(II) DEFINITION.—In this 

20 clause, the term ‘covered inter21 mediary’ means an intermediary 

22 that— 

23 ‘‘(aa) is participating in the 

24 program; and 


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1 ‘‘(bb) submits to the Admin2 istrator a certification that not 

3 less than 20 percent of the 

4 microloans made by the inter5 mediary under this subsection, 

6 during such period as the Admin7 istrator may specify, will be made 

8 to Puerto Rico businesses.’’. 

9 (b) WAIVER OF 25/75 RULE FOR MICROLOANS TO

10 PUERTO RICO SMALL BUSINESS CONCERNS.—Section 

11 7(m)(4)(E) of the Small Business Act (15 U.S.C. 

12 636(m)(4)(E)) is amended— 

13 (1) in clause (i), by striking ‘‘Each’’ and insert14 ing ‘‘Except as provided in clause (iii), each’’; and 

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

16 ‘‘(iii) EXCEPTION FOR CERTAIN

17 INTERMEDIARIES.—The Administrator 

18 shall waive the requirements of clause (i) 

19 for an intermediary for which not less than 

20 25 percent of the loans made by the inter21 mediary are made to Puerto Rico busi22 nesses.’’. 

23 (c) SBA STUDY.—Not later than 1 year after the 

24 date of enactment of this Act, the Administrator shall con25 duct a study and submit to the Committee on Small BusiVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 ness and Entrepreneurship of the Senate and the Com2 mittee on Small Business of the House of Representatives 

3 a report on the following: 

4 (1) The operations (including services provided, 

5 structure, size, and area of operation) of a rep6 resentative sample of— 

7 (A) intermediaries that are eligible for par8 ticipation in the microloan program and that 

9 participate in the microloan program; and 

10 (B) intermediaries (including those oper11 ated for profit, operated as nonprofit organiza12 tions, and affiliated with a United States insti13 tution of higher learning (as defined in section 

14 3452 of title 38, United States Code)) that are 

15 so eligible and that do not participate in the 

16 microloan program. 

17 (2) The reasons why intermediaries described in 

18 paragraph (1)(B) choose not to participate in the 

19 microloan program. 

20 (3) Recommendations on how to encourage in21 creased participation in the microloan program by 

22 intermediaries described in paragraph (1)(B). 

23 (4) Recommendations for increasing the num24 ber of intermediaries located in the territories of the 

25 United States or in economically distressed areas (as 


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1 defined in section 7(m)(11)(D) of the Small Busi2 ness Act (15 U.S.C. 636(m)(11)(D))) that are eligi3 ble for participation in the microloan program. 

4 (5) Recommendations on how to decrease the 

5 costs associated with participation in the microloan 

6 program for eligible intermediaries. 

7 (d) GAO STUDY ON MICROLOAN INTERMEDIARY

8 PRACTICES.—Not later than 1 year after the date of en9 actment of this Act, the Comptroller General of the United 

10 States shall submit to the Committee on Small Business 

11 and Entrepreneurship of the Senate and the Committee 

12 on Small Business of the House of Representatives a re13 port evaluating— 

14 (1) oversight of the microloan program by the 

15 Administration, including oversight of intermediaries 

16 participating in the microloan program; and 

17 (2) the specific processes used by the Adminis18 tration to ensure— 

19 (A) compliance by intermediaries partici20 pating in the microloan program; and 

21 (B) the overall performance of the 

22 microloan program. 


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1 Subtitle B—Procurement 

2 SEC. 221. PRIORITY FOR SURPLUS PROPERTY TRANSFERS. 

3 Section 7(j)(13)(F) of the Small Business Act (15 

4 U.S.C. 636(j)(13)(F)) is amended by adding at the end 

5 the following: 

6 ‘‘(iii)(I) In this clause, the term ‘covered period’ 

7 means the period beginning on the date of enact8 ment of this clause and ending on the date on which 

9 the Oversight Board established under section 101 

10 of the Puerto Rico Oversight, Management, and 

11 Economic Stability Act (48 U.S.C. 2121) termi12 nates. 

13 ‘‘(II) The Administrator may transfer tech14 nology or surplus property under clause (i) on a pri15 ority basis to a Puerto Rico business if the Puerto 

16 Rico business meets the requirements for such a 

17 transfer, without regard to whether the Puerto Rico 

18 business is a Program Participant.’’. 

19 SEC. 222. SUBCONTRACTING INCENTIVES FOR PROTEGE 

20 FIRMS THAT ARE PUERTO RICO BUSINESSES. 

21 Section 45(a) of the Small Business Act (15 U.S.C. 

22 657r(a)) is amended by adding at the end the following: 

23 ‘‘(3) PUERTO RICO SMALL BUSINESS CON24 CERNS.— 


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1 ‘‘(A) IN GENERAL.—During the period be2 ginning on the date of enactment of this para3 graph and ending on the date on which the 

4 Oversight Board established under section 101 

5 of the Puerto Rico Oversight, Management, and 

6 Economic Stability Act (48 U.S.C. 2121) termi7 nates, the Administrator shall provide addi8 tional incentives to covered mentors, including 

9 providing additional credit for subcontracts 

10 awarded to covered proteges and costs incurred 

11 for providing training to covered proteges. 

12 ‘‘(B) DEFINITIONS.—In this paragraph— 

13 ‘‘(i) the term ‘covered mentor’ means 

14 a mentor that enters into an agreement 

15 under this Act, or under any mentor-pro16 tege program approved under subsection 

17 (b)(1), with a covered protege; and 

18 ‘‘(ii) the term ‘covered protege’ means 

19 a protege— 

20 ‘‘(I) of a covered mentor; and 

21 ‘‘(II) that has its principal office 

22 located in the Commonwealth of Puer23 to Rico.’’. 


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1 SEC. 223. ADDITIONAL MENTOR-PROTEGE RELATIONSHIPS 

2 FOR PROTEGE FIRMS THAT ARE PUERTO 

3 RICO BUSINESSES. 

4 Section 45(b)(3)(A) of the Small Business Act (15 

5 U.S.C. 657r(b)(3)(A)) is amended by inserting ‘‘, except 

6 that such restrictions shall not apply to a relationship that 

7 was entered into before the date on which the Oversight 

8 Board established under section 101 of the Puerto Rico 

9 Oversight, Management, and Economic Stability Act (48 

10 U.S.C. 2121) terminates and in which the principal office 

11 of the protege is located in the Commonwealth of Puerto 

12 Rico’’ after ‘‘each participant’’. 

13 Subtitle C—Entrepreneurial 

14 Development 

15 SEC. 231. FAST GRANT PROGRAM FOR PUERTO RICO. 

16 (a) IN GENERAL.—Section 34 of the Small Business 

17 Act (15 U.S.C. 657d) is amended by adding at the end 

18 the following: 

19 ‘‘(j) FAST GRANT PROGRAM FOR PUERTO RICO.— 

20 ‘‘(1) ESTABLISHMENT.—The Administrator 

21 shall establish a program that shall be part of the 

22 FAST program to make awards to, or enter into co23 operative agreements with, a Puerto Rico business. 

24 ‘‘(2) TECHNICAL ASSISTANCE.—If no applicant 

25 is selected to receive assistance under this sub26 section, the Administrator shall use amounts approVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 priated to carry out this subsection to provide busi2 ness advice and counseling to a Puerto Rico busi3 ness. 

4 ‘‘(3) WAIVER OF MATCHING REQUIREMENTS.— 

5 The Administrator may, upon application, waive the 

6 matching requirements under subsection (e)(2) for 

7 an applicant that receives an award or has in effect 

8 a cooperative agreement under this subsection. 

9 ‘‘(4) FUNDING.—There is authorized to be ap10 propriated $100,000 for fiscal year 2019, and each 

11 fiscal year thereafter, to carry out this subsection.’’. 

12 (b) PROSPECTIVE REPEAL.—Effective on the Over13 sight Board termination date, section 34 of the Small 

14 Business Act (15 U.S.C. 657d), as amended by subsection 

15 (a), is amended by striking subsection (j). 

16 Subtitle D—Small Business 

17 Administration Oversight 

18 SEC. 241. REQUIREMENT FOR THE DISTRICT DIRECTOR OF 

19 PUERTO RICO. 

20 (a) IN GENERAL.—During the period beginning on 

21 the date of enactment of this Act and ending on the Over22 sight Board termination date, the director of the district 

23 office of the Administration located in Puerto Rico shall 

24 submit directly to Congress and the Administrator an anVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 nual report on the activities of the Administration in Puer2 to Rico. 

3 (b) COORDINATION.—In preparing each report de4 scribed in subsection (a), the director described in such 

5 subsection shall consult with other Federal agencies to col6 lect data on grants, programs, and outreach activities car7 ried out by such agencies that affect any Puerto Rico busi8 ness. 

9 Subtitle E—Disaster Loan Program 

10 Expansion 

11 SEC. 251. AMENDMENT TO DEFINITION OF DISASTER FOR 

12 7(b) LOANS. 

13 (a) IN GENERAL.—Section 3(k)(2) of the Small Busi14 ness Act (15 U.S.C. 632(k)(2)) is amended— 

15 (1) in subparagraph (B), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (C), striking the period 

18 and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(D) communicable diseases for which the Fed21 eral Government issues a travel alert or travel warn22 ing.’’. 

23 (b) APPLICABILITY.—The amendment made by sub24 section (a) shall apply to a communicable disease— 


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1 (1) for which the Federal Government issues a 

2 travel alert or travel warning before, on, or after the 

3 date of enactment of this Act; and 

4 (2) the effects of which are experienced on or 

5 after the date of enactment of this Act. 

6 Subtitle F—Amendment to the 

7 Investment Company Act of 1940 

8 SEC. 261. TERMINATION OF EXEMPTION FOR COMPANIES 

9 IN TERRITORIES OF THE UNITED STATES. 

10 (a) IN GENERAL.—Section 6(a) of the Investment 

11 Company Act of 1940 (15 U.S.C. 80a–6(a)) is amended— 

12 (1) by striking paragraph (1); and 

13 (2) by redesignating paragraphs (2) through 

14 (5) as paragraphs (1) through (4), respectively. 

15 (b) EFFECTIVE DATE AND SAFE HARBOR.— 

16 (1) EFFECTIVE DATE.—Except as provided in 

17 paragraph (2), the amendment made by subsection 

18 (a) shall take effect on the date of enactment of this 

19 Act. 

20 (2) SAFE HARBOR.—With respect to a company 

21 that is exempt under section 6(a)(1) of the Invest22 ment Company Act of 1940 (15 U.S.C. 80a– 

23 6(a)(1)), as in effect on the day before the date of 

24 enactment of this Act, the amendment made by subVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 section (a) shall take effect on the date that is 3 

2 years after the date of enactment of this Act. 

3 (3) EXTENSION OF SAFE HARBOR.—The Secu4 rities and Exchange Commission, by rule and regula5 tion upon its own motion, or by order upon applica6 tion, may conditionally or unconditionally, under sec7 tion 6(c) of the Investment Company Act of 1940 

8 (15 U.S.C. 80a–6(c)), further delay the effective 

9 date for a company described in paragraph (2) to be 

10 not later than the date that is 6 years after the date 

11 of enactment of this Act if, before the end of the ini12 tial 3-year period, the Commission determines that 

13 such a rule, regulation, motion, or order is necessary 

14 or appropriate in the public interest and for the pro15 tection of investors. 

16 TITLE III—ECONOMIC 

17 STATISTICS 

18 SEC. 301. DEFINITION. 

19 In this title, the term ‘‘Secretary’’ means the Sec20 retary of Commerce, acting through the Director of the 

21 Bureau of the Census. 

22 SEC. 302. INCLUSION OF PUERTO RICO IN CENSUS SUR23 VEYS. 

24 (a) STUDY ON INCLUSION IN CURRENT POPULATION

25 SURVEY.—The Secretary shall study the feasibility of inVerDate Sep 11 2014 22:24 May 29, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2873.IS S2873

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1 cluding Puerto Rico in the Current Population Survey 

2 conducted by the Secretary. 

3 (b) INTERAGENCY WORKING GROUP ON IMPROVING

4 DATA.— 

5 (1) ESTABLISHMENT.—The Chief Statistician 

6 of the United States shall establish a technical inter7 agency working group to study the most effective ap8 proach to improving the quality and availability of 

9 data about or from Puerto Rico for the purpose of 

10 Federal statistical programs. 

11 (2) REPORT.—Not later than October 31, 

12 2018, and on a quarterly basis thereafter, the tech13 nical interagency working group established under 

14 paragraph (1) shall submit a report on the activities 

15 and findings of the working group to— 

16 (A) the Committee on Finance of the Sen17 ate; and 

18 (B) the Committee on Ways and Means of 

19 the House of Representatives. 

20 (c) INCLUSION IN OTHER SURVEYS AND PROGRAMS

21 OF THE BUREAU OF THE CENSUS.—The Secretary shall 

22 conduct a proof of concept for including, or expanding the 

23 inclusion of, Puerto Rico in each of the following surveys 

24 and programs conducted by the Secretary: 


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1 (1) The Census of Governments and Related 

2 Annual Programs. 

3 (2) The Survey of Business Owners. 

4 (3) The Building Permits Survey. 

5 (4) The Quarterly Workforce Indicators, de6 rived from the Longitudinal Employer-Household 

7 Dynamics Program. 

8 (5) The Statistics of U.S. Businesses. 

9 SEC. 303. FEDERAL STATISTICAL RESEARCH DATA CENTER. 

10 (a) IN GENERAL.—The Secretary shall establish a fa11 cility, to be known as the ‘‘Federal Statistical Research 

12 Data Center’’, in San Juan, Puerto Rico. 

13 (b) DUAL CAPACITY.—The facility established under 

14 subsection (a) shall serve as both— 

15 (1) an office of the International Trade Man16 agement Division of the Bureau of the Census; and 

17 (2) a research data center of the Bureau of the 

18 Census. 

19 TITLE IV—OFFSETS 

20 SEC. 401. PREVENTION AND PUBLIC HEALTH FUND. 

21 Section 4002(b) of the Patient Protection and Af22 fordable Care Act (42 U.S.C. 300u–11(b)), as amended 

23 by section 53119 of Public Law 115–123, is amended— 

24 (1) in paragraph (3), by striking 

25 ‘‘$900,000,000’’ and inserting ‘‘$841,000,000’’; 


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24 

•S 2873 IS

1 (2) in paragraph (4), by striking 

2 ‘‘$900,000,000’’ and inserting ‘‘$848,000,000’’; 

3 (3) by striking paragraphs (5) through (8); 

4 (4) by redesignating paragraph (9) as para5 graph (7); and 

6 (5) by inserting after paragraph (4) the fol7 lowing new paragraphs: 

8 ‘‘(5) for fiscal year 2020, $900,000,000; 

9 ‘‘(6) for each fiscal year during the period of 

10 fiscal years 2021 through 2027, $700,000,000; 

11 and;’’. 

Æ 


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