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I 117TH CONGRESS 1ST SESSION H. R. 2713 To provide for equitable treatment for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2021 Ms. VELA´ZQUEZ (for herself, Ms. OCASIO-CORTEZ, Mr. GRIJALVA, and Mr. TORRES of New York) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, Education and Labor, and Nat- ural Resources, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To provide for equitable treatment for Puerto Rico, the Vir- gin Islands, Guam, the Northern Mariana Islands, and American Samoa. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Territorial Equity Act of 2021’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2713 IH Sec. 1. Short title; table of contents. TITLE I—HEALTH EQUITY FOR THE TERRITORIES Subtitle A—Medicaid Sec. 101. Elimination of general Medicaid funding limitations (‘‘cap’’) for terri- tories. Sec. 102. Elimination of specific Federal medical assistance percentage (FMAP) limitation for territories; temporary increase in FMAP for Puerto Rico and the Virgin Islands to 100 percent. Sec. 103. Application of Medicaid waiver authority to all of the territories. Sec. 104. Permitting Medicaid DSH allotments for territories. Subtitle B—Medicare Part A Sec. 111. Calculation of Medicare DSH payments for IPPS hospitals in Puerto Rico. Sec. 112. Rebasing target amount for hospitals in territories. Sec. 113. Medicare DSH target adjustment for hospitals in territories. Subtitle C—Medicare Part B Sec. 121. Application of part B deemed enrollment process to residents of Puerto Rico; special enrollment period and limit on late enroll- ment penalties. Subtitle D—Medicare Advantage (Part C) Sec. 131. Adjustment in benchmark for low-base payment counties in Puerto Rico. Subtitle E—Medicare Part D Sec. 141. Improved use of allocated prescription drug funds by territories. Sec. 142. Report on treatment of territories under Medicare part D. Subtitle F—Miscellaneous Sec. 151. Medicaid and CHIP territory transparency and information. Sec. 152. Report on exclusion of territories from Exchanges. Sec. 153. Access to coverage for individuals in certain areas without any avail- able Exchange plans. TITLE II—INCLUSION OF THE TERRITORIES IN THE SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM Sec. 201. Participation and transition of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assist- ance program. TITLE III—EQUITABLE TREATMENT FOR PUERTO RICO AND THE VIRGIN ISLANDS WITH RESPECT TO TAX CREDITS Sec. 301. Equitable treatment for residents of Puerto Rico and the Virgin Is- lands with respect to the earned income tax credit and the child tax credit. TITLE IV—LABOR EQUITY FOR PUERTO RICO VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2713 IH Sec. 401. Minimum wage for young employees in Puerto Rico. Sec. 402. Overtime hours protections for workers in Puerto Rico. TITLE V—EXTENSION OF SUPPLEMENTAL SECURITY INCOME (SSI) PROGRAM TO ALL TERRITORIES Sec. 501. Extension of SSI program to all territories. TITLE I—HEALTH EQUITY FOR 1 THE TERRITORIES 2 Subtitle A—Medicaid 3 SEC. 101. ELIMINATION OF GENERAL MEDICAID FUNDING 4 LIMITATIONS (‘‘CAP’’) FOR TERRITORIES. 5 (a) IN GENERAL.—Section 1108 of the Social Secu- 6 rity Act (42 U.S.C. 1308) is amended— 7 (1) in subsection (f), in the matter preceding 8 paragraph (1), by striking ‘‘and (h)’’ and inserting 9 ‘‘(h), and (i)’’; 10 (2) in subsection (g)(2), in the matter pre- 11 ceding subparagraph (A), by inserting ‘‘subsection 12 (i),’’ after ‘‘subject to’’; and 13 (3) by adding at the end the following new sub- 14 section: 15 ‘‘(i) SUNSET OF MEDICAID FUNDING LIMITATIONS 16 FOR PUERTO RICO, THE VIRGIN ISLANDS, GUAM, THE 17 NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA.— 18 Subsections (f) and (g) shall not apply to Puerto Rico, 19 the Virgin Islands, Guam, the Northern Mariana Islands, 20 and American Samoa beginning with fiscal year 2022.’’. 21 (b) CONFORMING AMENDMENTS.— 22 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2713 IH (1) Section 1902(j) of the Social Security Act 1 (42 U.S.C. 1396a(j)) is amended by striking ‘‘, the 2 limitation in section 1108(f),’’. 3 (2) Section 1903(u) of the Social Security Act 4 (42 U.S.C. 1396b(u)) is amended by striking para- 5 graph (4). 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall apply beginning with fiscal year 2022. 8 SEC. 102. ELIMINATION OF SPECIFIC FEDERAL MEDICAL 9 ASSISTANCE PERCENTAGE (FMAP) LIMITA- 10 TION FOR TERRITORIES; TEMPORARY IN- 11 CREASE IN FMAP FOR PUERTO RICO AND 12 THE VIRGIN ISLANDS TO 100 PERCENT. 13 Section 1905(b) of the Social Security Act (42 U.S.C. 14 1396d(b)) is amended— 15 (1) in clause (2), by inserting ‘‘for fiscal years 16 before fiscal year 2022’’ after ‘‘American Samoa’’; 17 and 18 (2) by adding at the end the following new sen- 19 tence: ‘‘Notwithstanding the first sentence of this 20 subsection, for each of fiscal years 2022 and 2023, 21 the Federal medical assistance percentage for Puerto 22 Rico and the Virgin Islands shall be 100 percent.’’. 23 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2713 IH SEC. 103. APPLICATION OF MEDICAID WAIVER AUTHORITY 1 TO ALL OF THE TERRITORIES. 2 (a) IN GENERAL.—Section 1902(j) of the Social Se- 3 curity Act (42 U.S.C. 1396a(j)) is amended— 4 (1) by striking ‘‘American Samoa and the 5 Northern Mariana Islands’’ and inserting ‘‘Puerto 6 Rico, the Virgin Islands, Guam, the Northern Mar- 7 iana Islands, and American Samoa’’; 8 (2) by striking ‘‘American Samoa or the North- 9 ern Mariana Islands’’ and inserting ‘‘Puerto Rico, 10 the Virgin Islands, Guam, the Northern Mariana Is- 11 lands, or American Samoa’’; 12 (3) by inserting ‘‘(1)’’ before ‘‘Notwith- 13 standing’’; 14 (4) by inserting ‘‘except as otherwise provided 15 in this subsection,’’ after ‘‘Notwithstanding any 16 other requirement of this title’’; and 17 (5) by adding at the end the following: 18 ‘‘(2) The Secretary may not waive under this sub- 19 section— 20 ‘‘(A) the requirement of subsection 21 (a)(10)(A)(i)(IX) (relating to coverage of adults for- 22 merly under foster care) with respect to any terri- 23 tory; 24 ‘‘(B) the requirement to provide medical assist- 25 ance for early and periodic screening, diagnostic, 26 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2713 IH and treatment services (as defined in section 1 1905(r)) for individuals who are eligible for assist- 2 ance under the program and who are under the age 3 of 21; or 4 ‘‘(C) the requirement to provide for payment 5 for services described in section 1905(a)(2)(C) fur- 6 nished by a Federally-qualified health center and 7 services described in section 1905(a)(2)(B) furnished 8 by a rural health clinic in accordance with the provi- 9 sions of subsection (bb).’’. 10 (b) EFFECTIVE DATE.—The amendments made by 11 this section shall apply beginning October 1, 2021. 12 SEC. 104. PERMITTING MEDICAID DSH ALLOTMENTS FOR 13 TERRITORIES. 14 Section 1923(f) of the Social Security Act (42 U.S.C. 15 1396r–4(f)) is amended— 16 (1) in paragraph (6), by adding at the end the 17 following new subparagraph: 18 ‘‘(C) TERRITORIES.— 19 ‘‘(i) FISCAL YEAR 2021.—For fiscal 20 year 2022, the DSH allotment for Puerto 21 Rico, the Virgin Islands, Guam, the North- 22 ern Mariana Islands, and American Samoa 23 shall bear the same ratio to $300,000,000 24 as the ratio of the number of individuals 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2713 IH who are low-income or uninsured and re- 1 siding in such respective territory (as esti- 2 mated from time to time by the Secretary) 3 bears to the sums of the number of such 4 individuals residing in all of the territories. 5 ‘‘(ii) SUBSEQUENT FISCAL YEAR.— 6 For each subsequent fiscal year, the DSH 7 allotment for each such territory is subject 8 to an increase in accordance with para- 9 graph (3).’’; and 10 (2) in paragraph (9), by inserting before the pe- 11 riod at the end the following: ‘‘, and includes, begin- 12 ning with fiscal year 2022, Puerto Rico, the Virgin 13 Islands, Guam, the Northern Mariana Islands, and 14 American Samoa’’. 15 Subtitle B—Medicare Part A 16 SEC. 111. CALCULATION OF MEDICARE DSH PAYMENTS FOR 17 IPPS HOSPITALS IN PUERTO RICO. 18 Section 1886(d)(9)(D)(iii) of the Social Security Act 19 (42 U.S.C. 1395ww(d)(9)(D)(iii)) is amended to read as 20 follows: 21 ‘‘(iii) Subparagraph (F) (relating to dispropor- 22 tionate share payments), including application of 23 subsection (r), except that for this purpose— 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2713 IH ‘‘(I) the sum described in clause (ii) of this 1 subparagraph shall be substituted for the sum 2 referred to in paragraph (5)(F)(ii)(I); and 3 ‘‘(II) for discharges occurring on or after 4 October 1, 2021, subclause (I) of paragraph 5 (5)(F)(vi) shall be applied by substituting for 6 the numerator described in such subclause the 7 number of subsection (d) Puerto Rico hospital’s 8 patient days for the cost reporting period in- 9 volved which were made up of patients who (for 10 such days) were entitled to benefits under part 11 A of this title and were— 12 ‘‘(aa) entitled to supplementary secu- 13 rity income benefits (excluding any State 14 supplementation) under title XVI of this 15 Act; 16 ‘‘(bb) eligible for medical assistance 17 under a State plan under title XIX; or 18 ‘‘(cc) receiving aid or assistance under 19 any plan of the State approved under title 20 I, X, XIV, or XVI.’’. 21 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2713 IH SEC. 112. REBASING TARGET AMOUNT FOR HOSPITALS IN 1 TERRITORIES. 2 Section 1886(b)(3) of the Social Security Act (42 3 U.S.C. 1395ww(b)(3)) is amended by adding at the end 4 the following new subparagraph: 5 ‘‘(M)(i) For each cost reporting period beginning on 6 or after October 1, 2021, in the case of a hospital located 7 in a territory of the United States, there shall be sub- 8 stituted for the target amount otherwise determined under 9 subparagraph (A) the rebased target amount (as defined 10 in clause (ii)), if such substitution results in an amount 11 of payment under this section to the hospital for such pe- 12 riod that is greater than the amount of payment that 13 would be made under this section to the hospital for such 14 period if this subparagraph were not to apply. 15 ‘‘(ii) For purposes of this subparagraph, the term 16 ‘rebased target amount’ has the meaning given the term 17 ‘target amount’ in subparagraph (A), except that— 18 ‘‘(I) there shall be substituted for the preceding 19 12-month cost reporting period the 12-month cost 20 reporting period beginning during fiscal year 2017 21 (or, at the option of the hospital, beginning during 22 fiscal year 2019); 23 ‘‘(II) any reference in subparagraph (A)(i) to 24 the ‘first such cost reporting period’ is deemed a ref- 25 erence to the first cost reporting period following the 26 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2713 IH 12-month cost reporting period beginning during fis- 1 cal year 2017 (or, at the option of the hospital, be- 2 ginning during fiscal year 2019); and 3 ‘‘(III) the applicable percentage increase shall 4 only be applied under subparagraph (B)(ii) for cost 5 reporting periods beginning on or after October 1, 6 2021. 7 ‘‘(iii) Nothing in this subparagraph shall affect any 8 pending request by a hospital for a new target amount 9 for any cost reporting period beginning during a fiscal 10 year before fiscal year 2022.’’. 11 SEC. 113. MEDICARE DSH TARGET ADJUSTMENT FOR HOS- 12 PITALS IN TERRITORIES. 13 Section 1886(b)(3) of the Social Security Act (42 14 U.S.C. 1395ww(b)(3)), as amended by section 112, is fur- 15 ther amended by adding at the end the following new sub- 16 paragraph: 17 ‘‘(N)(i) For each cost reporting period beginning on 18 or after October 1, 2020, in the case of a hospital that 19 is located in a territory of the United States other than 20 Puerto Rico and that would be a subsection (d) hospital 21 if it were located in one of the 50 States, the target 22 amount shall be increased by— 23 ‘‘(I) in the case that such hospital has a dis- 24 proportionate patient percentage of not less than 15 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2713 IH percent and not greater than 40 percent, 10 percent; 1 and 2 ‘‘(II) in the case that such hospital has a dis- 3 proportionate patient percentage of greater than 40 4 percent, 10 percent plus 60 percent of the number 5 of percentage points by which such hospital’s dis- 6 proportionate patient percentage exceeds 40 percent. 7 ‘‘(ii) For purposes of this subparagraph, the term 8 ‘disproportionate patient percentage’ has the meaning 9 given such term in subsection (d)(5)(F)(vi), except that 10 in applying such meaning any reference under such sub- 11 section to individuals entitled to supplementary security 12 income under title XVI shall be deemed for purposes of 13 this subparagraph to include individuals— 14 ‘‘(I) eligible for medical assistance under a 15 State plan under title XIX; or 16 ‘‘(II) receiving aid or assistance under any plan 17 of the territory approved under title I, X, XIV, or 18 XVI.’’. 19 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2713 IH Subtitle C—Medicare Part B 1 SEC. 121. APPLICATION OF PART B DEEMED ENROLLMENT 2 PROCESS TO RESIDENTS OF PUERTO RICO; 3 SPECIAL ENROLLMENT PERIOD AND LIMIT 4 ON LATE ENROLLMENT PENALTIES. 5 (a) APPLICATION OF PART B DEEMED ENROLLMENT 6 PROCESS TO RESIDENTS OF PUERTO RICO.—Section 7 1837(f)(3) of the Social Security Act (42 U.S.C. 8 1395p(f)(3)) is amended by striking ‘‘, exclusive of Puerto 9 Rico’’. 10 (b) EFFECTIVE DATE.—The amendment made by 11 subsection (a) shall apply to individuals whose initial en- 12 rollment period under section 1837(d) of the Social Secu- 13 rity Act begins on or after the first day of the effective 14 month, specified by the Secretary of Health and Human 15 Services under section 1839(k)(1)(C) of such Act, as 16 added by subsection (c)(2). 17 (c) TRANSITION PROVIDING SPECIAL ENROLLMENT 18 PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES 19 FOR CERTAIN MEDICARE BENEFICIARIES.—Section 1839 20 of the Social Security Act (42 U.S.C. 1395r) is amend- 21 ed— 22 (1) in the first sentence of subsection (b), by in- 23 serting ‘‘subject to subsection (k)(2) of this section,’’ 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2713 IH after ‘‘subsection (i)(4), (l), or (l) of section 1837,’’; 1 and 2 (2) by adding at the end the following new sub- 3 section: 4 ‘‘(k) SPECIAL RULES FOR CERTAIN RESIDENTS OF 5 PUERTO RICO.— 6 ‘‘(1) SPECIAL ENROLLMENT PERIOD, COVERAGE 7 PERIOD FOR RESIDENTS WHO ARE ELIGIBLE BUT 8 NOT ENROLLED.— 9 ‘‘(A) IN GENERAL.—In the case of a tran- 10 sition individual (as defined in paragraph (3)) 11 who is not enrolled under this part as of the 12 day before the first day of the effective month 13 (as defined in subparagraph (C)), the Secretary 14 shall provide for a special enrollment period 15 under section 1837 of 7 months beginning with 16 such effective month during which the indi- 17 vidual may be enrolled under this part. 18 ‘‘(B) COVERAGE PERIOD.—In the case of 19 such an individual who enrolls during such spe- 20 cial enrollment period, the coverage period 21 under section 1838 shall begin on the first day 22 of the second month after the month in which 23 the individual enrolls. 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 2713 IH ‘‘(C) EFFECTIVE MONTH DEFINED.—In 1 this section, the term ‘effective month’ means a 2 month, not earlier than October 2022 and not 3 later than January 2023, specified by the Sec- 4 retary. 5 ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- 6 ALTIES FOR CURRENT ENROLLEES AND INDIVID- 7 UALS ENROLLING DURING TRANSITION.— 8 ‘‘(A) IN GENERAL.—In the case of a tran- 9 sition individual who is enrolled under this part 10 as of the day before the first day of the effec- 11 tive month or who enrolls under this part on or 12 after the date of the enactment of this sub- 13 section but before the end of the special enroll- 14 ment period under paragraph (1)(A), the 15 amount of the late enrollment penalty imposed 16 under section 1839(b) shall be recalculated by 17 reducing the penalty to 15 percent of the pen- 18 alty otherwise established. 19 ‘‘(B) APPLICATION.—Subparagraph (A) 20 shall be applied in the case of a transition indi- 21 vidual who— 22 ‘‘(i) is enrolled under this part as of 23 the month before the effective month, for 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 2713 IH premiums for months beginning with such 1 effective month; or 2 ‘‘(ii) enrolls under this part on or 3 after the date of the enactment of this Act 4 and before the end of the special enroll- 5 ment period under paragraph (1)(A), for 6 premiums for months during the coverage 7 period under this part which occur during 8 or after the effective month. 9 ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL 10 TERMINATES ENROLLMENT.—Subparagraph 11 (A) shall not apply to a transition individual if 12 the individual terminates enrollment under this 13 part after the end of the special enrollment pe- 14 riod under paragraph (1). 15 ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In 16 this section, the term ‘transition individual’ means 17 an individual who resides in Puerto Rico and who 18 would have been deemed enrolled under this part 19 pursuant to section 1837(f) before the first day of 20 the effective month but for the fact that the indi- 21 vidual was a resident of Puerto Rico, regardless of 22 whether the individual is enrolled under this part as 23 of such first day.’’. 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 2713 IH Subtitle D—Medicare Advantage 1 (Part C) 2 SEC. 131. ADJUSTMENT IN BENCHMARK FOR LOW-BASE 3 PAYMENT COUNTIES IN PUERTO RICO. 4 Section 1853(n) of the Social Security Act (42 U.S.C. 5 1395w–23(n)) is amended— 6 (1) in paragraph (1), by striking ‘‘and (5)’’ and 7 inserting ‘‘(5), and (6)’’; 8 (2) in paragraph (4), by striking ‘‘In no case’’ 9 and inserting ‘‘Subject to paragraph (6), in no 10 case’’; and 11 (3) by adding at the end the following new 12 paragraph: 13 ‘‘(6) SPECIAL RULES FOR BLENDED BENCH- 14 MARK AMOUNT FOR TERRITORIES.— 15 ‘‘(A) IN GENERAL.—Subject to subpara- 16 graph (B), the blended benchmark amount for 17 an area in a territory for a year (beginning with 18 2022) shall not be less than 80 percent of the 19 national average of the base payment amounts 20 specified in subparagraph (2)(E) for such year 21 for areas within the 50 States and the District 22 of Columbia. 23 ‘‘(B) LIMITATION.—In no case shall the 24 blended benchmark amount for an area in a 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 2713 IH territory for a year under subparagraph (A) ex- 1 ceed the lowest blended benchmark amount for 2 any area within the 50 States and the District 3 of Columbia for such year.’’. 4 Subtitle E—Medicare Part D 5 SEC. 141. IMPROVED USE OF ALLOCATED PRESCRIPTION 6 DRUG FUNDS BY TERRITORIES. 7 Section 1935(e) of the Social Security Act (42 U.S.C. 8 1396u–5(e)) is amended— 9 (1) by redesignating paragraph (5) as para- 10 graph (6); and 11 (2) by inserting after paragraph (4) the fol- 12 lowing new paragraph: 13 ‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN- 14 COME PART D ELIGIBLE INDIVIDUALS.—This sub- 15 section shall be applied beginning with fiscal year 16 2022 as follows, notwithstanding any other provision 17 of this title: 18 ‘‘(A) CLARIFYING STATE FLEXIBILITY TO 19 COVER NON-DUAL-ELIGIBLE INDIVIDUALS.—In 20 this title, the term ‘medical assistance’ includes 21 financial assistance furnished by a State under 22 this subsection to part D eligible individuals 23 who, if they were residing in one of the 50 24 States or the District of Columbia, would qual- 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 2713 IH ify as subsidy eligible individuals under section 1 1860D–14(a)(3), and without regard to wheth- 2 er such individuals otherwise qualify for medical 3 assistance under this title. 4 ‘‘(B) 100 PERCENT FMAP TO REFLECT NO 5 STATE MATCHING REQUIRED FOR PART D LOW 6 INCOME SUBSIDIES.—The Federal medical as- 7 sistance percentage applicable to the assistance 8 furnished under this subsection is 100 percent. 9 ‘‘(C) LIMITED FUNDING FOR SPECIAL 10 RULES.—Subparagraphs (A) and (B), and the 11 provision of medical assistance for covered part 12 D drugs to low-income part D eligible individ- 13 uals for a State and period under this sub- 14 section, is limited to the amount specified in 15 paragraph (3) for such State and period.’’. 16 SEC. 142. REPORT ON TREATMENT OF TERRITORIES 17 UNDER MEDICARE PART D. 18 Paragraph (6) of section 1935(e) of the Social Secu- 19 rity Act (42 U.S.C. 1396u–5(e)), as redesignated by sec- 20 tion 141, is amended to read as follows: 21 ‘‘(6) REPORT ON APPLICATION OF SUB- 22 SECTION.— 23 ‘‘(A) IN GENERAL.—Not later than Feb- 24 ruary 1, 2023, the Secretary shall submit to 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 2713 IH Congress a report on the application of this 1 subsection during the period beginning fiscal 2 year 2006 and ending fiscal year 2022. 3 ‘‘(B) INFORMATION TO BE INCLUDED IN 4 REPORT.—Such report shall include— 5 ‘‘(i) program guidance issued by the 6 Secretary to implement this subsection; 7 ‘‘(ii) for each territory, information on 8 the increased amount under paragraph (3) 9 and how the territory has applied such 10 amount, including the territory’s program 11 design, expenditures, and number of indi- 12 viduals (and dual-eligible individuals) as- 13 sisted; and 14 ‘‘(iii) differences between how such 15 territories are treated under part D of title 16 XVIII and under this title compared with 17 the treatment of the 50 States and the 18 District of Columbia under such part and 19 this title for different fiscal years within 20 the period covered under the report. 21 ‘‘(C) RECOMMENDATIONS.—Such report 22 shall include recommendations for improving 23 prescription drug coverage for low-income indi- 24 viduals in each territory, including rec- 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 2713 IH ommendations regarding each of the following 1 alternative approaches: 2 ‘‘(i) Adjusting the aggregate amount 3 specified in paragraph (3)(B). 4 ‘‘(ii) Allowing residents of the terri- 5 tories to be subsidy eligible individuals 6 under section 1860D–14, notwithstanding 7 subsection (a)(3)(F) of such section, or 8 providing substantially equivalent low-in- 9 come prescription drug subsidies to such 10 residents.’’. 11 Subtitle F—Miscellaneous 12 SEC. 151. MEDICAID AND CHIP TERRITORY TRANSPARENCY 13 AND INFORMATION. 14 (a) PUBLICATION OF INFORMATION ON FEDERAL 15 EXPENDITURES UNDER MEDICAID AND CHIP IN THE 16 TERRITORIES.—Not later than 180 days after the date 17 of the enactment of this Act, the Secretary of Health and 18 Human Services shall publish, and periodically update, on 19 the Internet site of the Centers for Medicare & Medicaid 20 Services information on Medicaid and CHIP carried out 21 in the territories of the United States. Such information 22 shall include, with respect to each such territory— 23 (1) the income levels established by the terri- 24 tory for purposes of eligibility of an individual to re- 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 2713 IH ceive medical assistance under Medicaid or child 1 health assistance under CHIP; 2 (2) the number of individuals enrolled in Med- 3 icaid and CHIP in such territory; 4 (3) any State plan amendments in effect to 5 carry out Medicaid or CHIP in such territory; 6 (4) any waiver of the requirements of title XIX 7 or title XXI issued by the Secretary to carry out 8 Medicaid or CHIP in the territory, including a waiv- 9 er under section 1115 of the Social Security Act (42 10 U.S.C. 1315), any application for such a waiver, and 11 any documentation related to such application (in- 12 cluding correspondence); 13 (5) the amount of the Federal and non-Federal 14 share of expenditures under Medicaid and CHIP in 15 such territory; 16 (6) the systems in place for the furnishing of 17 health care items and services under Medicaid and 18 CHIP in such territory; 19 (7) the design of CHIP in such territory; and 20 (8) other information regarding the carrying 21 out of Medicaid and CHIP in the territory that is 22 published on such Internet site with respect to car- 23 rying out Medicaid and CHIP in each State and the 24 District of Columbia. 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 2713 IH (b) DEFINITIONS.—In this section: 1 (1) CHIP.—The term ‘‘CHIP’’ means the 2 State Children’s Health Insurance Program under 3 title XXI of the Social Security Act. 4 (2) MEDICAID.—The term ‘‘Medicaid’’ means 5 the Medicaid program under title XIX of the Social 6 Security Act. 7 (3) TERRITORY.—The term ‘‘territory of the 8 United States’’ includes Puerto Rico, the Virgin Is- 9 lands of the United States, Guam, the Northern 10 Mariana Islands, and American Samoa. 11 SEC. 152. REPORT ON EXCLUSION OF TERRITORIES FROM 12 EXCHANGES. 13 (a) IN GENERAL.—Not later than 180 days after the 14 date of enactment of this Act, the Secretary of Health and 15 Human Services shall submit to Congress a report that 16 details the adverse impacts in each territory from the 17 practical exclusion of the territories from the provisions 18 of part II or III of subtitle D of title I of the Patient 19 Protection and Affordable Care Act insofar as such provi- 20 sions provide for the establishment of an American Health 21 Benefit Exchange or the administration of a federally fa- 22 cilitated Exchange in each State and in the District of 23 Columbia for the purpose of making health insurance 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 2713 IH more affordable and accessible for individuals and small 1 businesses. 2 (b) INFORMATION IN REPORT.—The report shall in- 3 clude information on the following: 4 (1) An estimate of the total number of individ- 5 uals residing in each territory with health insurance 6 coverage, and the total number of individuals in each 7 territory without health insurance coverage. 8 (2) The number of health insurance issuers in 9 each territory and the health insurance coverage 10 each such issuer offers. 11 (3) An estimate of the number of individuals re- 12 siding in each territory who are denied premium and 13 cost-sharing assistance that would otherwise be 14 available to them for obtaining health insurance cov- 15 erage through an Exchange if they resided in one of 16 the 50 States or in the District of Columbia. 17 (4) An estimate of the amount of Federal as- 18 sistance described in paragraph (3) that is not being 19 made available to residents of each territory. 20 (5) An estimate of the number of small employ- 21 ers in each territory that would be eligible to pur- 22 chase health insurance coverage through a Small 23 Business Health Options Program (SHOP) Market- 24 place that would operate as part of an Exchange if 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 2713 IH the employers were in one of the 50 States or in the 1 District of Columbia. 2 SEC. 153. ACCESS TO COVERAGE FOR INDIVIDUALS IN CER- 3 TAIN AREAS WITHOUT ANY AVAILABLE EX- 4 CHANGE PLANS. 5 Part 2 of subtitle D of title I of the Patient Protec- 6 tion and Affordable Care Act (42 U.S.C. 18031 et seq.) 7 is amended by adding at the end the following: 8 ‘‘SEC. 1314. ACCESS TO COVERAGE FOR INDIVIDUALS IN 9 CERTAIN AREAS WITHOUT ANY AVAILABLE 10 EXCHANGE PLANS. 11 ‘‘(a) IN GENERAL.— 12 ‘‘(1) COVERAGE THROUGH DC EXCHANGE.— 13 Not later than 3 months after the date of enactment 14 of this section, the Secretary, in consultation with 15 the Secretary of the Treasury and the Director of 16 the Office of Personnel Management, shall establish 17 a mechanism to ensure that, for any plan year be- 18 ginning on or after the date described in subsection 19 (c), any individual described in paragraph (2) has 20 access to health insurance coverage which is at least 21 as broad as the coverage available to Members of 22 Congress and congressional staff (as defined in sec- 23 tion 1312(d)(3)(D)) through the Exchange operating 24 in the District of Columbia. Such individuals shall 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 2713 IH be eligible for any premium tax credit under section 1 36B of the Internal Revenue Code of 1986, reduced 2 cost sharing under section 1402, and advance deter- 3 mination and payment of such credits or such reduc- 4 tions under section 1412 to be administered by the 5 Secretary, in consultation with the Secretary of the 6 Treasury and the Director of the Office of Personnel 7 Management. The District of Columbia, its resi- 8 dents, and small businesses shall be held harmless 9 from any increased costs resulting from the enact- 10 ment of this section. 11 ‘‘(2) INDIVIDUAL DESCRIBED.—An individual 12 described in this paragraph is any individual who— 13 ‘‘(A) is not eligible to enroll in an em- 14 ployer-sponsored health plan (excluding such a 15 plan that would not be considered minimum es- 16 sential coverage due to the application of sub- 17 paragraph (C) of section 36B(c)(2) of the In- 18 ternal Revenue Code of 1986 if such subpara- 19 graph applied to such plan); and 20 ‘‘(B) is a bona fide resident of any posses- 21 sion of the United States (as determined under 22 section 937(a) of such Code) in which the Sec- 23 retary certifies that no qualified health plan is 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 2713 IH offered through an Exchange established under 1 this title. 2 ‘‘(3) POSSESSION OF THE UNITED STATES.— 3 For purposes of this section, the term ‘possession of 4 the United States’ shall include such possessions as 5 are specified in section 937(a)(1) of the Internal 6 Revenue Code of 1986. 7 ‘‘(b) TREATMENT OF POSSESSIONS.— 8 ‘‘(1) PAYMENTS TO POSSESSIONS.— 9 ‘‘(A) MIRROR CODE POSSESSION.—The 10 Secretary of the Treasury shall periodically (but 11 not less frequently than annually) pay to each 12 possession of the United States with a mirror 13 code tax system amounts equal to the loss to 14 that possession by reason of the application of 15 this section (determined without regard to para- 16 graph (2)) with respect to taxable years begin- 17 ning after the date described in subsection (c). 18 Such amounts shall be determined by the Sec- 19 retary of the Treasury based on information 20 provided by the government of the respective 21 possession. 22 ‘‘(B) OTHER POSSESSIONS.—The Sec- 23 retary of the Treasury shall periodically (but 24 not less frequently than annually) pay to each 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 2713 IH possession of the United States which does not 1 have a mirror code tax system amounts esti- 2 mated by the Secretary of the Treasury as 3 being equal to the aggregate benefits that would 4 have been provided to residents of such posses- 5 sion by reason of the application of this section 6 for any taxable years beginning after the date 7 described in subsection (c) if a mirror code tax 8 system had been in effect in such possession. 9 The preceding sentence shall not apply with re- 10 spect to any possession of the United States un- 11 less such possession has a plan, which has been 12 approved by the Secretary of the Treasury, 13 under which such possession will promptly dis- 14 tribute such payments to the residents of such 15 possession. 16 ‘‘(2) COORDINATION WITH CREDIT ALLOWED 17 AGAINST UNITED STATES INCOME TAXES.—No cred- 18 it shall be allowed against United States income 19 taxes for any taxable year under section 36B of the 20 Internal Revenue Code of 1986 to any person— 21 ‘‘(A) to whom a credit is allowed against 22 taxes imposed by the possession by reason of 23 this section (determined without regard to this 24 paragraph) for such taxable year, or 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 2713 IH ‘‘(B) who is eligible for a payment under 1 a plan described in paragraph (1)(B) with re- 2 spect to such taxable year. 3 ‘‘(3) MIRROR CODE TAX SYSTEM.—For pur- 4 poses of this subsection, the term ‘mirror code tax 5 system’ means, with respect to any possession of the 6 United States, the income tax system of such posses- 7 sion if the income tax liability of the residents of 8 such possession under such system is determined by 9 reference to the income tax laws of the United 10 States as if such possession were the United States. 11 ‘‘(4) TREATMENT OF PAYMENTS.—For pur- 12 poses of section 1324(b)(2) of title 31, United 13 States Code, or any similar rule of law, the pay- 14 ments under this subsection shall be treated in the 15 same manner as a refund due from the credit al- 16 lowed under section 36B of the Internal Revenue 17 Code of 1986. 18 ‘‘(c) DATE DESCRIBED.—The date described in this 19 subsection is the date on which the Secretary establishes 20 the mechanism described in subsection (a)(1).’’. 21 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 2713 IH TITLE II—INCLUSION OF THE 1 TERRITORIES IN THE SUP- 2 PLEMENTAL NUTRITIONAL 3 ASSISTANCE PROGRAM 4 SEC. 201. PARTICIPATION AND TRANSITION OF PUERTO 5 RICO, AMERICAN SAMOA, AND THE NORTH- 6 ERN MARIANA ISLANDS IN SUPPLEMENTAL 7 NUTRITION ASSISTANCE PROGRAM. 8 (a) DEFINITIONS.—Section 3 of the Food and Nutri- 9 tion Act of 2008 (7 U.S.C. 2012) is amended— 10 (1) in subsection (r), by inserting ‘‘the Com- 11 monwealth of Puerto Rico, American Samoa, the 12 Commonwealth of the Northern Mariana Islands,’’ 13 after ‘‘Guam,’’; and 14 (2) in subsection (u)(3), by inserting ‘‘the Com- 15 monwealth of Puerto Rico, American Samoa, the 16 Commonwealth of the Northern Mariana Islands,’’ 17 after ‘‘Guam,’’. 18 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 19 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 20 (1) in subsection (b), in the first sentence, by 21 inserting ‘‘the Commonwealth of Puerto Rico, Amer- 22 ican Samoa, the Commonwealth of the Northern 23 Mariana Islands,’’ after ‘‘Guam,’’; 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 2713 IH (2) in subsection (c)(1), by striking ‘‘and 1 Guam,’’ and inserting ‘‘Guam, the Commonwealth of 2 Puerto Rico, American Samoa, and the Common- 3 wealth of the Northern Mariana Islands,’’; and 4 (3) in subsection (e)— 5 (A) in paragraph (1)(A), by inserting ‘‘the 6 Commonwealth of Puerto Rico, American 7 Samoa, the Commonwealth of the Northern 8 Mariana Islands,’’ after ‘‘Hawaii,’’ each place it 9 appears; and 10 (B) in paragraph (6)(B), in the matter 11 preceding clause (i), by inserting ‘‘the Common- 12 wealth of Puerto Rico, American Samoa, the 13 Commonwealth of the Northern Mariana Is- 14 lands,’’ after ‘‘Guam,’’. 15 (c) EFFECTIVE DATE.— 16 (1) IN GENERAL.—The amendments made by 17 subsections (a) and (b) shall be effective with re- 18 spect to the Commonwealth of Puerto Rico, Amer- 19 ican Samoa, and the Commonwealth of the Northern 20 Mariana Islands, as applicable, on the date described 21 in paragraph (2) if the Secretary of Agriculture sub- 22 mits to Congress a certification under subsection 23 (f)(2)(B) of section 19 of the Food and Nutrition 24 Act of 2008 (7 U.S.C. 2028). 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 2713 IH (2) DATE DESCRIBED.—The date referred to in 1 paragraph (1) is, with respect to the Commonwealth 2 of Puerto Rico, American Samoa, and the Common- 3 wealth of the Northern Mariana Islands, the date es- 4 tablished by the Commonwealth of Puerto Rico, 5 American Samoa, or the Commonwealth of the 6 Northern Mariana Islands, respectively, in the appli- 7 cable plan of operation submitted to the Secretary of 8 Agriculture under subsection (f)(1) of section 19 of 9 the Food and Nutrition Act of 2008 (7 U.S.C. 10 2028). 11 (d) TRANSITION OF PUERTO RICO, AMERICAN 12 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP- 13 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.—Section 14 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) 15 is amended— 16 (1) in subsection (a)(1)— 17 (A) in subparagraph (A), by striking 18 ‘‘and’’ at the end; 19 (B) in subparagraph (B), by striking the 20 period at the end and inserting ‘‘; and’’; and 21 (C) by adding at the end the following: 22 ‘‘(C) the Commonwealth of the Northern 23 Mariana Islands.’’; and 24 (2) by adding at the end the following: 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 2713 IH ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN 1 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP- 2 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 3 ‘‘(1) DEFINITION OF GOVERNMENTAL ENTI- 4 TY.—In this subsection, the term ‘governmental en- 5 tity’ means— 6 ‘‘(A) the Commonwealth of Puerto Rico; 7 ‘‘(B) American Samoa; and 8 ‘‘(C) the Commonwealth of the Northern 9 Mariana Islands. 10 ‘‘(2) REQUEST FOR PARTICIPATION.—A govern- 11 mental entity may submit to the Secretary a request 12 to participate in the supplemental nutrition assist- 13 ance program, which shall include a plan of oper- 14 ation described in section 11(d), which shall include 15 the date on which the governmental entity intends to 16 begin participation in the program. 17 ‘‘(3) CERTIFICATION BY SECRETARY.— 18 ‘‘(A) IN GENERAL.—The Secretary shall 19 certify a governmental entity that submits a re- 20 quest under paragraph (2) as qualified to par- 21 ticipate in the supplemental nutrition assistance 22 program if the Secretary— 23 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 2713 IH ‘‘(i) approves the plan of operation 1 submitted with the request, in accordance 2 with this subsection; and 3 ‘‘(ii) approves the applications de- 4 scribed in paragraph (5) in accordance 5 with that paragraph. 6 ‘‘(B) SUBMISSION OF CERTIFICATION TO 7 CONGRESS.—The Secretary shall submit each 8 certification under subparagraph (A) to Con- 9 gress. 10 ‘‘(C) CERTIFICATION DECISION.—The Sec- 11 retary shall certify or not certify a govern- 12 mental entity that submits a request under 13 paragraph (2) not later than 90 days after the 14 date on which the Secretary receives the re- 15 quest. 16 ‘‘(4) DETERMINATION OF PLAN OF OPER- 17 ATION.— 18 ‘‘(A) APPROVAL.—The Secretary shall ap- 19 prove a plan of operation submitted with a re- 20 quest under paragraph (2) if the plan satisfies 21 the requirements under this Act. 22 ‘‘(B) DISAPPROVAL.—If the Secretary does 23 not approve a plan of operation submitted with 24 a request under paragraph (2), the Secretary 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 2713 IH shall provide to the governmental entity a state- 1 ment that describes each requirement under 2 this Act that is not satisfied by the plan. 3 ‘‘(5) RETAIL FOOD STORES.—If the Secretary 4 approves a plan of operation under paragraph (4)(A) 5 for a governmental entity, the Secretary shall accept 6 applications from retail food stores located in that 7 governmental entity to be authorized under section 8 9 to participate in the supplemental nutrition assist- 9 ance program. 10 ‘‘(6) PUERTO RICO.—In the case of a request 11 under paragraph (2) by the Commonwealth of Puer- 12 to Rico, notwithstanding subsection (g), the Sec- 13 retary shall allow the Commonwealth of Puerto Rico 14 to continue to carry out under the supplemental nu- 15 trition assistance program the Family Market Pro- 16 gram established pursuant to this section. 17 ‘‘(7) TEMPORARY FUNDING.—Any govern- 18 mental entity that has a request under paragraph 19 (2) pending before the Secretary (including a plan of 20 operation pending under paragraph (4)) shall receive 21 block grants under this section, in amounts deter- 22 mined by the Secretary, until the date on which the 23 Secretary certifies the governmental entity. 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 2713 IH ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 1 There are authorized to be appropriated to the Sec- 2 retary such sums as are necessary to carry out this 3 subsection for fiscal year 2021, to remain available 4 until expended. 5 ‘‘(g) TECHNICAL INFRASTRUCTURE IMPLEMENTA- 6 TION.— 7 ‘‘(1) IN GENERAL.—A governmental entity (as 8 defined in subsection (f)) may request from the Sec- 9 retary a 1-time grant to pay for the cost of the tech- 10 nology infrastructure necessary to implement the 11 supplemental nutrition assistance program, including 12 the cost of information technology, information tech- 13 nology personnel, and training relating to program 14 implementation. 15 ‘‘(2) APPLICATION.—A governmental entity 16 making a request under paragraph (1) for a grant 17 shall submit to the Secretary an application at such 18 time, in such manner, and containing such informa- 19 tion as the Secretary may require, including— 20 ‘‘(A) a description of the costs to be paid 21 for by the grant; and 22 ‘‘(B) a plan for implementing the tech- 23 nology infrastructure described in paragraph 24 (1)— 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 2713 IH ‘‘(i) within 1 year of receiving the 1 grant; and 2 ‘‘(ii) that is reasonably cost efficient, 3 as determined by the Secretary. 4 ‘‘(3) DETERMINATION.— 5 ‘‘(A) TIME LIMIT.—The Secretary shall 6 approve or deny an application submitted under 7 paragraph (2) not later than 90 days after the 8 date on which the application is submitted. 9 ‘‘(B) DENIAL.—If the Secretary denies an 10 application submitted under paragraph (2), the 11 governmental entity may amend the plan de- 12 scribed in subparagraph (B) of that paragraph, 13 in coordination with the Secretary, to resubmit 14 to the Secretary for approval. 15 ‘‘(4) FUNDING.— 16 ‘‘(A) IN GENERAL.—There is appropriated 17 to the Secretary, out of funds in the Treasury 18 not otherwise appropriated, $5,000,000 to carry 19 out this subsection, to remain available until 3 20 years after the date of enactment of this sub- 21 section. 22 ‘‘(B) REVERSION OF FUNDS.—Any funds 23 appropriated to the Secretary under subpara- 24 graph (A) that remain available by the date de- 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 2713 IH scribed in that subparagraph shall revert to the 1 Treasury. 2 ‘‘(h) TERMINATION OF EFFECTIVENESS.— 3 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 4 shall cease to be effective with respect to the Com- 5 monwealth of Puerto Rico, American Samoa, and 6 the Commonwealth of the Northern Mariana Is- 7 lands, as applicable, on the date described in para- 8 graph (2) if the Secretary submits to Congress a 9 certification under subsection (f)(3)(B) for that gov- 10 ernmental entity. 11 ‘‘(2) DATE DESCRIBED.—The date referred to 12 in paragraph (1) is, with respect to the Common- 13 wealth of Puerto Rico, American Samoa, and the 14 Commonwealth of the Northern Mariana Islands, 15 the date established by the Commonwealth of Puerto 16 Rico, American Samoa, or the Commonwealth of the 17 Northern Mariana Islands, respectively, in the appli- 18 cable plan of operation submitted to the Secretary 19 under subsection (f)(2).’’. 20 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 2713 IH TITLE III—EQUITABLE TREAT- 1 MENT FOR PUERTO RICO AND 2 THE VIRGIN ISLANDS WITH 3 RESPECT TO TAX CREDITS 4 SEC. 301. EQUITABLE TREATMENT FOR RESIDENTS OF 5 PUERTO RICO AND THE VIRGIN ISLANDS 6 WITH RESPECT TO THE EARNED INCOME TAX 7 CREDIT AND THE CHILD TAX CREDIT. 8 (a) PUERTO RICO RESIDENTS ELIGIBLE FOR 9 EARNED INCOME TAX CREDIT.— 10 (1) IN GENERAL.—Section 32 of the Internal 11 Revenue Code of 1986, as amended by section 12 9621(a) of the American Rescue Plan Act of 2021 13 (Public Law 117–2), is amended by adding at the 14 end the following new subsection: 15 ‘‘(o) RESIDENTS OF PUERTO RICO.— 16 ‘‘(1) IN GENERAL.—In the case of residents of 17 Puerto Rico— 18 ‘‘(A) the United States shall be treated as 19 including Puerto Rico for purposes of sub- 20 sections (c)(1)(A)(ii)(I) and (c)(3)(C), 21 ‘‘(B) subsection (c)(1)(D) shall not apply 22 to nonresident alien individuals who are resi- 23 dents of Puerto Rico, and 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 2713 IH ‘‘(C) adjusted gross income and gross in- 1 come shall be computed without regard to sec- 2 tion 933 for purposes of subsections (a)(2)(B) 3 and (c)(2)(A)(i). 4 ‘‘(2) LIMITATION.—The credit allowed under 5 this section by reason of this subsection for any tax- 6 able year shall not exceed the amount, determined 7 under regulations or other guidance promulgated by 8 the Secretary, that a similarly situated taxpayer 9 would receive if residing in a State.’’. 10 (2) CHILD TAX CREDIT NOT REDUCED.—Sub- 11 clause (II) of section 24(d)(1)(B)(ii) of such Code is 12 amended by inserting before the period ‘‘(determined 13 without regard to section 32(n) in the case of resi- 14 dents of Puerto Rico)’’. 15 (3) EFFECTIVE DATE.—The amendments made 16 this subsection shall apply to taxable years begin- 17 ning after December 31, 2020. 18 (b) EQUITABLE TREATMENT FOR RESIDENTS OF 19 PUERTO RICO WITH RESPECT TO THE REFUNDABLE 20 PORTION OF THE CHILD TAX CREDIT.— 21 (1) IN GENERAL.—Section 24(d)(1) of the In- 22 ternal Revenue Code of 1986 is amended by insert- 23 ing ‘‘or section 933’’ after ‘‘section 112’’. 24 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 2713 IH (2) EFFECTIVE DATE.—The amendment made 1 by paragraph (1) shall apply to taxable years begin- 2 ning after December 31, 2020. 3 (c) TREATMENT OF RESIDENTS OF THE VIRGIN IS- 4 LANDS.— 5 (1) IN GENERAL.—The Secretary of the Treas- 6 ury shall pay to the government of the Virgin Is- 7 lands amounts equal to the loss to that possession 8 by reason of the application of— 9 (A) section 32 of the Internal Revenue 10 Code of 1986 (determined as if subsection (o) 11 of such section, as added by subsection (a), ap- 12 plied to bona fide residents of that possession), 13 and 14 (B) section 24(d) of such Code (deter- 15 mined as if the amendment made by subsection 16 (b) applied to bona fide residents of that pos- 17 session), 18 with respect to taxable years beginning after Decem- 19 ber 31, 2020. Such amounts shall be determined by 20 the Secretary of the Treasury based on information 21 provided by the government of the Virgin Islands. 22 (2) TREATMENT OF PAYMENTS.—For purposes 23 of section 1324(b)(2) of title 31, United States 24 Code, the payments under this subsection shall be 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 2713 IH treated in the same manner as a refund due from 1 the credit allowed under section 32 or 24 (by reason 2 of subsection (d) thereof), whichever is applicable, of 3 the Internal Revenue Code of 1986. 4 TITLE IV—LABOR EQUITY FOR 5 PUERTO RICO 6 SEC. 401. MINIMUM WAGE FOR YOUNG EMPLOYEES IN 7 PUERTO RICO. 8 Section 6(g) of the Fair Labor Standards Act of 9 1938 (29 U.S.C. 206(g)) is amended— 10 (1) by striking paragraph (2) and redesignating 11 paragraphs (3) through (5) as paragraphs (2) 12 through (4), respectively; 13 (2) in paragraph (2), as so redesignated, by 14 striking ‘‘or (2)’’; and 15 (3) in paragraph (4), as so redesignated, by 16 striking ‘‘20 years, except’’ and all that follows 17 through the period and inserting ‘‘20 years.’’. 18 SEC. 402. OVERTIME HOURS PROTECTIONS FOR WORKERS 19 IN PUERTO RICO. 20 Section 404 of the Puerto Rico Oversight, Manage- 21 ment, and Economic Stability Act (48 U.S.C. 2193) is re- 22 pealed. 23 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 2713 IH TITLE V—EXTENSION OF SUP- 1 PLEMENTAL SECURITY IN- 2 COME (SSI) PROGRAM TO ALL 3 TERRITORIES 4 SEC. 501. EXTENSION OF SSI PROGRAM TO ALL TERRI- 5 TORIES. 6 (a) APPLICATION OF SOCIAL SECURITY AMEND- 7 MENTS OF 1972 AMENDMENTS AND REPEALS TO TERRI- 8 TORIES.— 9 (1) IN GENERAL.—Effective January 1, 2022, 10 the amendments made by sections 301 and 302 of 11 the Social Security Amendments of 1972 (Public 12 Law 92–603) and the repeals made by section 13 303(a) of the Social Security Amendments of 1972 14 shall be applicable in the case of Puerto Rico, Guam, 15 the Virgin Islands, and American Samoa. 16 (2) CONFORMING AMENDMENT.—Effective Jan- 17 uary 1, 2022, section 303 of the Social Security 18 Amendments of 1972 (Public Law 92–603) is 19 amended by striking subsection (b). 20 (b) CONFORMING AMENDMENTS.— 21 (1) DEFINITION OF STATE.—Section 1101(1) of 22 the Social Security Act (42 U.S.C. 1301(1)) is 23 amended by striking the fifth sentence and inserting 24 the following: ‘‘In the case of supplemental security 25 VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 2713 IH income under title XVI, such term also includes the 1 Virgin Islands, Guam, the Northern Mariana Is- 2 lands, and American Samoa.’’. 3 (2) DEFINITION OF UNITED STATES.—Section 4 1614(e) of the Social Security Act (42 U.S.C. 5 1382c(e)) is amended by striking ‘‘and the District 6 of Columbia’’ and inserting ‘‘, the District of Colum- 7 bia, Puerto Rico, the Virgin Islands, Guam, the 8 Northern Mariana Islands, and American Samoa’’. 9 (3) EFFECTIVE DATE.—The amendments made 10 by this subsection shall take effect on January 1, 11 2022. 12 Æ VerDate Sep 11 2014 23:20 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6301 E:\BILLS\H2713.IH H2713 pbinns on DSKJLVW7X2PROD with BILLS