Subtitle D—Medicare Advantage 
(Part C) 
SEC. 131. ADJUSTMENT IN BENCHMARK FOR LOW-BASE 
PAYMENT COUNTIES IN PUERTO RICO. 
Section 1853(n) of the Social Security Act (42 U.S.C. 
1395w–23(n)) is amended— 
(1) in paragraph (1), by striking ‘‘and (5)’’ and 
inserting ‘‘(5), and (6)’’; 
(2) in paragraph (4), by striking ‘‘In no case’’ 
and inserting ‘‘Subject to paragraph (6), in no 
case’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) SPECIAL
RULES
FOR
BLENDED
BENCH-
MARK AMOUNT FOR TERRITORIES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the blended benchmark amount for 
an area in a territory for a year (beginning with 
2022) shall not be less than 80 percent of the 
national average of the base payment amounts 
specified in subparagraph (2)(E) for such year 
for areas within the 50 States and the District 
of Columbia. 
‘‘(B) LIMITATION.—In no case shall the 
blended benchmark amount for an area in a 
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territory for a year under subparagraph (A) ex-
ceed the lowest blended benchmark amount for 
any area within the 50 States and the District 
of Columbia for such year.’’. 
Subtitle E—Medicare Part D 
SEC. 141. IMPROVED USE OF ALLOCATED PRESCRIPTION 
DRUG FUNDS BY TERRITORIES. 
Section 1935(e) of the Social Security Act (42 U.S.C. 
1396u–5(e)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN-
COME PART D ELIGIBLE INDIVIDUALS.—This sub-
section shall be applied beginning with fiscal year 
2022 as follows, notwithstanding any other provision 
of this title: 
‘‘(A) CLARIFYING STATE FLEXIBILITY TO 
COVER
NON-DUAL-ELIGIBLE
INDIVIDUALS.—In 
this title, the term ‘medical assistance’ includes 
financial assistance furnished by a State under 
this subsection to part D eligible individuals 
who, if they were residing in one of the 50 
States or the District of Columbia, would qual-
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ify as subsidy eligible individuals under section 
1860D–14(a)(3), and without regard to wheth-
er such individuals otherwise qualify for medical 
assistance under this title. 
‘‘(B) 100 PERCENT FMAP TO REFLECT NO 
STATE MATCHING REQUIRED FOR PART D LOW 
INCOME SUBSIDIES.—The Federal medical as-
sistance percentage applicable to the assistance 
furnished under this subsection is 100 percent. 
‘‘(C) LIMITED
FUNDING
FOR
SPECIAL 
RULES.—Subparagraphs (A) and (B), and the 
provision of medical assistance for covered part 
D drugs to low-income part D eligible individ-
uals for a State and period under this sub-
section, is limited to the amount specified in 
paragraph (3) for such State and period.’’. 
SEC. 142. REPORT ON TREATMENT OF TERRITORIES 
UNDER MEDICARE PART D. 
Paragraph (6) of section 1935(e) of the Social Secu-
rity Act (42 U.S.C. 1396u–5(e)), as redesignated by sec-
tion 141, is amended to read as follows: 
‘‘(6) REPORT
ON
APPLICATION
OF
SUB-
SECTION.— 
‘‘(A) IN GENERAL.—Not later than Feb-
ruary 1, 2023, the Secretary shall submit to 
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Congress a report on the application of this 
subsection during the period beginning fiscal 
year 2006 and ending fiscal year 2022. 
‘‘(B) INFORMATION TO BE INCLUDED IN 
REPORT.—Such report shall include— 
‘‘(i) program guidance issued by the 
Secretary to implement this subsection; 
‘‘(ii) for each territory, information on 
the increased amount under paragraph (3) 
and how the territory has applied such 
amount, including the territory’s program 
design, expenditures, and number of indi-
viduals (and dual-eligible individuals) as-
sisted; and 
‘‘(iii) differences between how such 
territories are treated under part D of title 
XVIII and under this title compared with 
the treatment of the 50 States and the 
District of Columbia under such part and 
this title for different fiscal years within 
the period covered under the report. 
‘‘(C) RECOMMENDATIONS.—Such report 
shall include recommendations for improving 
prescription drug coverage for low-income indi-
viduals 
in 
each 
territory, 
including 
rec-
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ommendations regarding each of the following 
alternative approaches: 
‘‘(i) Adjusting the aggregate amount 
specified in paragraph (3)(B). 
‘‘(ii) Allowing residents of the terri-
tories to be subsidy eligible individuals 
under section 1860D–14, notwithstanding 
subsection (a)(3)(F) of such section, or 
providing substantially equivalent low-in-
come prescription drug subsidies to such 
residents.’’. 
Subtitle F—Miscellaneous 
SEC. 151. MEDICAID AND CHIP TERRITORY TRANSPARENCY 
AND INFORMATION. 
(a) PUBLICATION OF INFORMATION ON FEDERAL 
EXPENDITURES UNDER MEDICAID AND CHIP IN THE 
TERRITORIES.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services shall publish, and periodically update, on 
the Internet site of the Centers for Medicare & Medicaid 
Services information on Medicaid and CHIP carried out 
in the territories of the United States. Such information 
shall include, with respect to each such territory— 
(1) the income levels established by the terri-
tory for purposes of eligibility of an individual to re-
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ceive medical assistance under Medicaid or child 
health assistance under CHIP; 
(2) the number of individuals enrolled in Med-
icaid and CHIP in such territory; 
(3) any State plan amendments in effect to 
carry out Medicaid or CHIP in such territory; 
(4) any waiver of the requirements of title XIX 
or title XXI issued by the Secretary to carry out 
Medicaid or CHIP in the territory, including a waiv-
er under section 1115 of the Social Security Act (42 
U.S.C. 1315), any application for such a waiver, and 
any documentation related to such application (in-
cluding correspondence); 
(5) the amount of the Federal and non-Federal 
share of expenditures under Medicaid and CHIP in 
such territory; 
(6) the systems in place for the furnishing of 
health care items and services under Medicaid and 
CHIP in such territory; 
(7) the design of CHIP in such territory; and 
(8) other information regarding the carrying 
out of Medicaid and CHIP in the territory that is 
published on such Internet site with respect to car-
rying out Medicaid and CHIP in each State and the 
District of Columbia. 
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(b) DEFINITIONS.—In this section: 
(1) CHIP.—The term ‘‘CHIP’’ means the 
State Children’s Health Insurance Program under 
title XXI of the Social Security Act. 
(2) MEDICAID.—The term ‘‘Medicaid’’ means 
the Medicaid program under title XIX of the Social 
Security Act. 
(3) TERRITORY.—The term ‘‘territory of the 
United States’’ includes Puerto Rico, the Virgin Is-
lands of the United States, Guam, the Northern 
Mariana Islands, and American Samoa. 
SEC. 152. REPORT ON EXCLUSION OF TERRITORIES FROM 
EXCHANGES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Health and 
Human Services shall submit to Congress a report that 
details the adverse impacts in each territory from the 
practical exclusion of the territories from the provisions 
of part II or III of subtitle D of title I of the Patient 
Protection and Affordable Care Act insofar as such provi-
sions provide for the establishment of an American Health 
Benefit Exchange or the administration of a federally fa-
cilitated Exchange in each State and in the District of 
Columbia for the purpose of making health insurance 
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more affordable and accessible for individuals and small 
businesses. 
(b) INFORMATION IN REPORT.—The report shall in-
clude information on the following: 
(1) An estimate of the total number of individ-
uals residing in each territory with health insurance 
coverage, and the total number of individuals in each 
territory without health insurance coverage. 
(2) The number of health insurance issuers in 
each territory and the health insurance coverage 
each such issuer offers. 
(3) An estimate of the number of individuals re-
siding in each territory who are denied premium and 
cost-sharing assistance that would otherwise be 
available to them for obtaining health insurance cov-
erage through an Exchange if they resided in one of 
the 50 States or in the District of Columbia. 
(4) An estimate of the amount of Federal as-
sistance described in paragraph (3) that is not being 
made available to residents of each territory. 
(5) An estimate of the number of small employ-
ers in each territory that would be eligible to pur-
chase health insurance coverage through a Small 
Business Health Options Program (SHOP) Market-
place that would operate as part of an Exchange if 
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the employers were in one of the 50 States or in the 
District of Columbia. 
SEC. 153. ACCESS TO COVERAGE FOR INDIVIDUALS IN CER-
TAIN AREAS WITHOUT ANY AVAILABLE EX-
CHANGE PLANS. 
Part 2 of subtitle D of title I of the Patient Protec-
tion and Affordable Care Act (42 U.S.C. 18031 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 1314. ACCESS TO COVERAGE FOR INDIVIDUALS IN 
CERTAIN AREAS WITHOUT ANY AVAILABLE 
EXCHANGE PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) COVERAGE
THROUGH
DC
EXCHANGE.— 
Not later than 3 months after the date of enactment 
of this section, the Secretary, in consultation with 
the Secretary of the Treasury and the Director of 
the Office of Personnel Management, shall establish 
a mechanism to ensure that, for any plan year be-
ginning on or after the date described in subsection 
(c), any individual described in paragraph (2) has 
access to health insurance coverage which is at least 
as broad as the coverage available to Members of 
Congress and congressional staff (as defined in sec-
tion 1312(d)(3)(D)) through the Exchange operating 
in the District of Columbia. Such individuals shall 
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be eligible for any premium tax credit under section 
36B of the Internal Revenue Code of 1986, reduced 
cost sharing under section 1402, and advance deter-
mination and payment of such credits or such reduc-
tions under section 1412 to be administered by the 
Secretary, in consultation with the Secretary of the 
Treasury and the Director of the Office of Personnel 
Management. The District of Columbia, its resi-
dents, and small businesses shall be held harmless 
from any increased costs resulting from the enact-
ment of this section. 
‘‘(2) INDIVIDUAL
DESCRIBED.—An individual 
described in this paragraph is any individual who— 
‘‘(A) is not eligible to enroll in an em-
ployer-sponsored health plan (excluding such a 
plan that would not be considered minimum es-
sential coverage due to the application of sub-
paragraph (C) of section 36B(c)(2) of the In-
ternal Revenue Code of 1986 if such subpara-
graph applied to such plan); and 
‘‘(B) is a bona fide resident of any posses-
sion of the United States (as determined under 
section 937(a) of such Code) in which the Sec-
retary certifies that no qualified health plan is 
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offered through an Exchange established under 
this title. 
‘‘(3) POSSESSION OF THE UNITED STATES.— 
For purposes of this section, the term ‘possession of 
the United States’ shall include such possessions as 
are specified in section 937(a)(1) of the Internal 
Revenue Code of 1986. 
‘‘(b) TREATMENT OF POSSESSIONS.— 
‘‘(1) PAYMENTS TO POSSESSIONS.— 
‘‘(A) MIRROR
CODE
POSSESSION.—The 
Secretary of the Treasury shall periodically (but 
not less frequently than annually) pay to each 
possession of the United States with a mirror 
code tax system amounts equal to the loss to 
that possession by reason of the application of 
this section (determined without regard to para-
graph (2)) with respect to taxable years begin-
ning after the date described in subsection (c). 
Such amounts shall be determined by the Sec-
retary of the Treasury based on information 
provided by the government of the respective 
possession. 
‘‘(B) OTHER
POSSESSIONS.—The Sec-
retary of the Treasury shall periodically (but 
not less frequently than annually) pay to each 
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possession of the United States which does not 
have a mirror code tax system amounts esti-
mated by the Secretary of the Treasury as 
being equal to the aggregate benefits that would 
have been provided to residents of such posses-
sion by reason of the application of this section 
for any taxable years beginning after the date 
described in subsection (c) if a mirror code tax 
system had been in effect in such possession. 
The preceding sentence shall not apply with re-
spect to any possession of the United States un-
less such possession has a plan, which has been 
approved by the Secretary of the Treasury, 
under which such possession will promptly dis-
tribute such payments to the residents of such 
possession. 
‘‘(2) COORDINATION
WITH
CREDIT
ALLOWED 
AGAINST UNITED STATES INCOME TAXES.—No cred-
it shall be allowed against United States income 
taxes for any taxable year under section 36B of the 
Internal Revenue Code of 1986 to any person— 
‘‘(A) to whom a credit is allowed against 
taxes imposed by the possession by reason of 
this section (determined without regard to this 
paragraph) for such taxable year, or 
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‘‘(B) who is eligible for a payment under 
a plan described in paragraph (1)(B) with re-
spect to such taxable year. 
‘‘(3) MIRROR
CODE
TAX
SYSTEM.—For pur-
poses of this subsection, the term ‘mirror code tax 
system’ means, with respect to any possession of the 
United States, the income tax system of such posses-
sion if the income tax liability of the residents of 
such possession under such system is determined by 
reference to the income tax laws of the United 
States as if such possession were the United States. 
‘‘(4) TREATMENT
OF
PAYMENTS.—For pur-
poses of section 1324(b)(2) of title 31, United 
States Code, or any similar rule of law, the pay-
ments under this subsection shall be treated in the 
same manner as a refund due from the credit al-
lowed under section 36B of the Internal Revenue 
Code of 1986. 
‘‘(c) DATE DESCRIBED.—The date described in this 
subsection is the date on which the Secretary establishes 
the mechanism described in subsection (a)(1).’’. 
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TITLE II—INCLUSION OF THE 
TERRITORIES IN THE SUP-
PLEMENTAL 
NUTRITIONAL 
ASSISTANCE PROGRAM 
SEC. 201. PARTICIPATION AND TRANSITION OF PUERTO 
RICO, AMERICAN SAMOA, AND THE NORTH-
ERN MARIANA ISLANDS IN SUPPLEMENTAL 
NUTRITION ASSISTANCE PROGRAM. 
(a) DEFINITIONS.—Section 3 of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2012) is amended— 
(1) in subsection (r), by inserting ‘‘the Com-
monwealth of Puerto Rico, American Samoa, the 
Commonwealth of the Northern Mariana Islands,’’ 
after ‘‘Guam,’’; and 
(2) in subsection (u)(3), by inserting ‘‘the Com-
monwealth of Puerto Rico, American Samoa, the 
Commonwealth of the Northern Mariana Islands,’’ 
after ‘‘Guam,’’. 
(b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 
(1) in subsection (b), in the first sentence, by 
inserting ‘‘the Commonwealth of Puerto Rico, Amer-
ican Samoa, the Commonwealth of the Northern 
Mariana Islands,’’ after ‘‘Guam,’’; 
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(2) in subsection (c)(1), by striking ‘‘and 
Guam,’’ and inserting ‘‘Guam, the Commonwealth of 
Puerto Rico, American Samoa, and the Common-
wealth of the Northern Mariana Islands,’’; and 
(3) in subsection (e)— 
(A) in paragraph (1)(A), by inserting ‘‘the 
Commonwealth of Puerto Rico, American 
Samoa, the Commonwealth of the Northern 
Mariana Islands,’’ after ‘‘Hawaii,’’ each place it 
appears; and 
(B) in paragraph (6)(B), in the matter 
preceding clause (i), by inserting ‘‘the Common-
wealth of Puerto Rico, American Samoa, the 
Commonwealth of the Northern Mariana Is-
lands,’’ after ‘‘Guam,’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) shall be effective with re-
spect to the Commonwealth of Puerto Rico, Amer-
ican Samoa, and the Commonwealth of the Northern 
Mariana Islands, as applicable, on the date described 
in paragraph (2) if the Secretary of Agriculture sub-
mits to Congress a certification under subsection 
(f)(2)(B) of section 19 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2028). 
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(2) DATE DESCRIBED.—The date referred to in 
paragraph (1) is, with respect to the Commonwealth 
of Puerto Rico, American Samoa, and the Common-
wealth of the Northern Mariana Islands, the date es-
tablished by the Commonwealth of Puerto Rico, 
American Samoa, or the Commonwealth of the 
Northern Mariana Islands, respectively, in the appli-
cable plan of operation submitted to the Secretary of 
Agriculture under subsection (f)(1) of section 19 of 
the Food and Nutrition Act of 2008 (7 U.S.C. 
2028). 
(d) TRANSITION
OF
PUERTO
RICO, AMERICAN 
SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP-
PLEMENTAL NUTRITION ASSISTANCE PROGRAM.—Section 
19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) 
is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) the Commonwealth of the Northern 
Mariana Islands.’’; and 
(2) by adding at the end the following: 
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‘‘(f) TRANSITION
OF
PUERTO
RICO, AMERICAN 
SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP-
PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 
‘‘(1) DEFINITION
OF
GOVERNMENTAL
ENTI-
TY.—In this subsection, the term ‘governmental en-
tity’ means— 
‘‘(A) the Commonwealth of Puerto Rico; 
‘‘(B) American Samoa; and 
‘‘(C) the Commonwealth of the Northern 
Mariana Islands. 
‘‘(2) REQUEST FOR PARTICIPATION.—A govern-
mental entity may submit to the Secretary a request 
to participate in the supplemental nutrition assist-
ance program, which shall include a plan of oper-
ation described in section 11(d), which shall include 
the date on which the governmental entity intends to 
begin participation in the program. 
‘‘(3) CERTIFICATION BY SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
certify a governmental entity that submits a re-
quest under paragraph (2) as qualified to par-
ticipate in the supplemental nutrition assistance 
program if the Secretary— 
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‘‘(i) approves the plan of operation 
submitted with the request, in accordance 
with this subsection; and 
‘‘(ii) approves the applications de-
scribed in paragraph (5) in accordance 
with that paragraph. 
‘‘(B) SUBMISSION OF CERTIFICATION TO 
CONGRESS.—The Secretary shall submit each 
certification under subparagraph (A) to Con-
gress. 
‘‘(C) CERTIFICATION DECISION.—The Sec-
retary shall certify or not certify a govern-
mental entity that submits a request under 
paragraph (2) not later than 90 days after the 
date on which the Secretary receives the re-
quest. 
‘‘(4) DETERMINATION
OF
PLAN
OF
OPER-
ATION.— 
‘‘(A) APPROVAL.—The Secretary shall ap-
prove a plan of operation submitted with a re-
quest under paragraph (2) if the plan satisfies 
the requirements under this Act. 
‘‘(B) DISAPPROVAL.—If the Secretary does 
not approve a plan of operation submitted with 
a request under paragraph (2), the Secretary 
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shall provide to the governmental entity a state-
ment that describes each requirement under 
this Act that is not satisfied by the plan. 
‘‘(5) RETAIL FOOD STORES.—If the Secretary 
approves a plan of operation under paragraph (4)(A) 
for a governmental entity, the Secretary shall accept 
applications from retail food stores located in that 
governmental entity to be authorized under section 
9 to participate in the supplemental nutrition assist-
ance program. 
‘‘(6) PUERTO RICO.—In the case of a request 
under paragraph (2) by the Commonwealth of Puer-
to Rico, notwithstanding subsection (g), the Sec-
retary shall allow the Commonwealth of Puerto Rico 
to continue to carry out under the supplemental nu-
trition assistance program the Family Market Pro-
gram established pursuant to this section. 
‘‘(7) 
TEMPORARY
FUNDING.—Any 
govern-
mental entity that has a request under paragraph 
(2) pending before the Secretary (including a plan of 
operation pending under paragraph (4)) shall receive 
block grants under this section, in amounts deter-
mined by the Secretary, until the date on which the 
Secretary certifies the governmental entity. 
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‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary such sums as are necessary to carry out this 
subsection for fiscal year 2021, to remain available 
until expended. 
‘‘(g) TECHNICAL INFRASTRUCTURE IMPLEMENTA-
TION.— 
‘‘(1) IN GENERAL.—A governmental entity (as 
defined in subsection (f)) may request from the Sec-
retary a 1-time grant to pay for the cost of the tech-
nology infrastructure necessary to implement the 
supplemental nutrition assistance program, including 
the cost of information technology, information tech-
nology personnel, and training relating to program 
implementation. 
‘‘(2) APPLICATION.—A governmental entity 
making a request under paragraph (1) for a grant 
shall submit to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as the Secretary may require, including— 
‘‘(A) a description of the costs to be paid 
for by the grant; and 
‘‘(B) a plan for implementing the tech-
nology infrastructure described in paragraph 
(1)— 
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‘‘(i) within 1 year of receiving the 
grant; and 
‘‘(ii) that is reasonably cost efficient, 
as determined by the Secretary. 
‘‘(3) DETERMINATION.— 
‘‘(A) TIME
LIMIT.—The Secretary shall 
approve or deny an application submitted under 
paragraph (2) not later than 90 days after the 
date on which the application is submitted. 
‘‘(B) DENIAL.—If the Secretary denies an 
application submitted under paragraph (2), the 
governmental entity may amend the plan de-
scribed in subparagraph (B) of that paragraph, 
in coordination with the Secretary, to resubmit 
to the Secretary for approval. 
‘‘(4) FUNDING.— 
‘‘(A) IN GENERAL.—There is appropriated 
to the Secretary, out of funds in the Treasury 
not otherwise appropriated, $5,000,000 to carry 
out this subsection, to remain available until 3 
years after the date of enactment of this sub-
section. 
‘‘(B) REVERSION OF FUNDS.—Any funds 
appropriated to the Secretary under subpara-
graph (A) that remain available by the date de-
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scribed in that subparagraph shall revert to the 
Treasury. 
‘‘(h) TERMINATION OF EFFECTIVENESS.— 
‘‘(1) IN GENERAL.—Subsections (a) through (e) 
shall cease to be effective with respect to the Com-
monwealth of Puerto Rico, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands, as applicable, on the date described in para-
graph (2) if the Secretary submits to Congress a 
certification under subsection (f)(3)(B) for that gov-
ernmental entity. 
‘‘(2) DATE DESCRIBED.—The date referred to 
in paragraph (1) is, with respect to the Common-
wealth of Puerto Rico, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, 
the date established by the Commonwealth of Puerto 
Rico, American Samoa, or the Commonwealth of the 
Northern Mariana Islands, respectively, in the appli-
cable plan of operation submitted to the Secretary 
under subsection (f)(2).’’. 
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TITLE 
III—EQUITABLE 
TREAT-
MENT FOR PUERTO RICO AND 
THE VIRGIN ISLANDS WITH 
RESPECT TO TAX CREDITS 
SEC. 301. EQUITABLE TREATMENT FOR RESIDENTS OF 
PUERTO RICO AND THE VIRGIN ISLANDS 
WITH RESPECT TO THE EARNED INCOME TAX 
CREDIT AND THE CHILD TAX CREDIT. 
(a) PUERTO
RICO
RESIDENTS
ELIGIBLE
FOR 
EARNED INCOME TAX CREDIT.— 
(1) IN GENERAL.—Section 32 of the Internal 
Revenue Code of 1986, as amended by section 
9621(a) of the American Rescue Plan Act of 2021 
(Public Law 117–2), is amended by adding at the 
end the following new subsection: 
‘‘(o) RESIDENTS OF PUERTO RICO.— 
‘‘(1) IN GENERAL.—In the case of residents of 
Puerto Rico— 
‘‘(A) the United States shall be treated as 
including Puerto Rico for purposes of sub-
sections (c)(1)(A)(ii)(I) and (c)(3)(C), 
‘‘(B) subsection (c)(1)(D) shall not apply 
to nonresident alien individuals who are resi-
dents of Puerto Rico, and 
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‘‘(C) adjusted gross income and gross in-
come shall be computed without regard to sec-
tion 933 for purposes of subsections (a)(2)(B) 
and (c)(2)(A)(i). 
‘‘(2) LIMITATION.—The credit allowed under 
this section by reason of this subsection for any tax-
able year shall not exceed the amount, determined 
under regulations or other guidance promulgated by 
the Secretary, that a similarly situated taxpayer 
would receive if residing in a State.’’. 
(2) CHILD TAX CREDIT NOT REDUCED.—Sub-
clause (II) of section 24(d)(1)(B)(ii) of such Code is 
amended by inserting before the period ‘‘(determined 
without regard to section 32(n) in the case of resi-
dents of Puerto Rico)’’. 
(3) EFFECTIVE DATE.—The amendments made 
this subsection shall apply to taxable years begin-
ning after December 31, 2020. 
(b) EQUITABLE TREATMENT
FOR RESIDENTS
OF 
PUERTO RICO WITH RESPECT
TO
THE REFUNDABLE 
PORTION OF THE CHILD TAX CREDIT.— 
(1) IN GENERAL.—Section 24(d)(1) of the In-
ternal Revenue Code of 1986 is amended by insert-
ing ‘‘or section 933’’ after ‘‘section 112’’. 
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(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to taxable years begin-
ning after December 31, 2020. 
(c) TREATMENT OF RESIDENTS OF THE VIRGIN IS-
LANDS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall pay to the government of the Virgin Is-
lands amounts equal to the loss to that possession 
by reason of the application of— 
(A) section 32 of the Internal Revenue 
Code of 1986 (determined as if subsection (o) 
of such section, as added by subsection (a), ap-
plied to bona fide residents of that possession), 
and 
(B) section 24(d) of such Code (deter-
mined as if the amendment made by subsection 
(b) applied to bona fide residents of that pos-
session), 
with respect to taxable years beginning after Decem-
ber 31, 2020. Such amounts shall be determined by 
the Secretary of the Treasury based on information 
provided by the government of the Virgin Islands. 
(2) TREATMENT OF PAYMENTS.—For purposes 
of section 1324(b)(2) of title 31, United States 
Code, the payments under this subsection shall be 
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