=== page 1 === CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTi Proposed Extension of Supplemental Security Income (SSI) to American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands November 4, 2021 This Insight discusses Supplemental Security Income (SSI) and its proposed extension to American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands under House Rules Committee Print 117-18 (November 3, 2021), showing the text of H.R. 5376 (“Build Back Better Act”), as reported by the House Budget Committee, with modifications. SSI SSI is a federal cash-assistance program that provides monthly benefits to aged, blind, or disabled individuals (including blind or disabled children) who have limited income and resources (assets). It provides a flat monthly benefit of $794 in 2021 ($1,191 for couples), which is reduced by any countable income. SSI is administered by the Social Security Administration (SSA) but is not part of the Social Security program. SSI was established under Title XVI of the Social Security Act by the Social Security Amendments of 1972 (P.L. 92-603). It replaced the Social Security Act’s adult assistance programs—Old-Age Assistance (OAA, Title I); Aid to the Blind (AB, Title X); Aid to the Permanently and Totally Disabled (APTD, Title XIV); and Aid to the Aged, Blind, or Disabled (AABD, Title XVI as it existed prior to reenactment by P.L. 92-603)—in the 50 states and the District of Columbia, effective in 1974. Among other requirements, a person must be a resident of the United States to qualify for SSI. Section 1614(e) of the Social Security Act defines the term United States to mean the 50 states and the District of Columbia for SSI purposes. Because Section 502(a)(1) of P.L. 94-241 extends SSI to the Northern Mariana Islands on the same terms as the states, SSA’s regulations include the Northern Mariana Islands in the definition of United States for SSI purposes. Individuals who are not residing in one of the 50 states, the District of Columbia, or the Northern Mariana Islands are ineligible for SSI (limited exceptions apply). Congressional Research Service https://crsreports.congress.gov IN11793 === page 2 === Congressional Research Service 2 A person must also meet citizenship or immigration-related requirements. Section 1614(a)(1)(B) of the Social Security Act specifies that U.S. citizens and certain noncitizens may qualify for SSI. Under its regulations, SSA treats U.S. nationals the same as U.S. citizens for SSI purposes. Cash Assistance in the Other Territories SSI is not available to residents of American Samoa, Guam, Puerto Rico, or the U.S. Virgin Islands, regardless of their citizenship or immigration status. These territories are not included in the definition of United States for purposes of SSI’s residency requirement. Moreover, Section 303(b) of P.L. 92-603 specifies that the reenacted Title XVI authorizing SSI does not apply to Guam, Puerto Rico, and the U.S. Virgin Islands. Further, Section 1101(a)(1) of the Social Security Act specifies that the term state includes Guam, Puerto Rico, and the U.S. Virgin Islands for adult assistance purposes but not for SSI purposes. Guam, Puerto Rico, and the U.S. Virgin Islands continue to participate in the adult assistance programs, which provide federal funding to help participating territories finance the cost of furnishing cash assistance to needy seniors, individuals with blindness, and adults with disabilities other than blindness. Guam and the U.S. Virgin Islands operate the separate OAA, AB, and APTD programs, while Puerto Rico operates the consolidated AABD program. The adult assistance programs are not available in American Samoa. Within certain federal requirements, participating territories have broad discretion to determine the features of their adult assistance programs (e.g., income/resource limits, benefit levels), subject to approval by the Administration for Children and Families (ACF) at the Department of Health and Human Services. Unlike SSI, which is 100% federally funded, adult assistance requires the territories to pay part of the cost. Benefit payments are split 75:25 between the federal government and territories, and administrative expenses are split 50:50. Federal funding for adult assistance is subject to territory-specific funding caps under Section 1108(a) and (c) of the Social Security Act, which apply jointly to certain other ACF-administered programs. Table 1 provides data for FY2020. Table 1. SSI and Adult Assistance, FY2020 Program and Area Average Monthly Number of Recipients Average Monthly Payment Amount Total Annual Spending (in thousands) SSI 50 States, District of Columbia, and Northern Mariana Islands 8,056,824 $574 $63,301,786 Adult Assistance (OAA, AB, APTD, and AABD) Guam 675 $197 $1,763 Puerto Rico 29,068 $78 $33,970 U.S. Virgin Islands 860 $180 $2,253 Source: CRS, based on SSA, “SSI Monthly Statistics;” SSA, FY2022 Budget Justification; and unpublished data from ACF. Notes: Spending reflects benefit, administrative, and other costs. SSI payments and spending include federally administered state supplements. SSI payments exclude retroactive payments. SSI spending reflects obligations. Adult assistance payments and spending reflect combined federal and territorial expenditures. === page 3 === Congressional Research Service 3 IN11793 · VERSION 1 · NEW Proposed Extension Section 131001 of House Rules Committee Print 117-18 (November 3, 2021; Title XIII, Subtitle J) aims to extend SSI to American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. To that end, it would:  eliminate the bar against SSI being made available in Guam, Puerto Rico, and the U.S. Virgin Islands under Section 303(b) of P.L. 92-603;  amend Section 1101(a)(1) of the Social Security Act to include American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands in the definition of state for SSI purposes; and  amend Section 1614(e) of the Social Security Act to include American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands in the definition of United States for SSI purposes. It would also amend Section 1614(a)(1)(B) of the Social Security Act to specify that U.S. nationals may qualify for SSI, thereby codifying in law SSA’s treatment of U.S. nationals for SSI purposes. Further, it would amend Section 1108(a)(1) of the Social Security Act to eliminate the reference to the adult assistance programs from the territory-specific funding caps that apply to certain other ACF-administered programs. Lastly, it would provide the Commissioner of Social Security with the authority to waive or modify any statutory requirement relating to the provision of benefits under the SSI program in American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands to the extent the commissioner deems it necessary to adapt the program to the territory involved. The proposed changes would take effect on January 1, 2024. Author Information William R. Morton Analyst in Income Security Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.