1 — The Social Security Act – Congress should nationalize SSI over current territories by altering the definition of “United States.”
Hammond 21 {“Territorial Exceptionalism and the American Welfare State,” Andrew Hammond (Indiana University Maurer School of Law). 119 Michigan Law Review 1639 (2021), University of Florida Levin College of Law Research Paper No. 20-43. Published July 13, 2020, Accessed July 2, 2023. ssrn.com/abstract=3650434.}–CPSW–TW + pa-amad
2. A Structural Proposal: Ending Territorial Exceptionalism in Public Benefits
The need for the emergency appropriations and revisions discussed above would be greatly reduced by legislative fixes to the structure and fi- nancing of territorial welfare programs. This more ambitious legislation could simply incorporate the five U.S. territories into the existing statutory framework for SNAP, Medicaid, Medicare Part D, and SSI.
Specifically, Congress should make three major changes to the federal social welfare statutes. First, Congress should amend the Food Stamp Act to include American Samoa, the CNMI, and Puerto Rico.288 Second, Congress should also amend Titles XVIII and XIX of the Social Security Act to bring Americans who live in the five U.S. territories into the default eligibility framework for Medicaid and Medicare Part D subsidies.289 Finally, Congress should make all Americans, regardless of where they live in the United States, eligible for SSI, our national means-tested disability assistance. That could be done by simply revising the definition of the “United States” in the Social Security Act to include the remaining territories.
Moreover, each of these legislative fixes could be included in larger piec- es of legislation in the coming years. For instance, Congress could revise the SNAP program to include the three excluded territories in the next Farm Bill. Similarly, the Medicaid and Medicare fixes could be incorporated as part of a broader reform bill, just as Congress incorporated additional funds for the territories’ medical assistance in the Affordable Care Act. Of the pro- grams discussed, SSI has been the quietest site of legislative activity, but even there Congress increased SSI benefits as part of its 2009 stimulus package.290 Instead of reacting to a series of rolling crises, Congress could end territorial exceptionalism in Medicaid, SNAP, and SSI, and thereby guarantee food, medical, and disability assistance to Americans in need, regardless of where they live in the United States.