SSR 79-27: Rescinded 1986

SSR 79-27

PURPOSE:

To interpret Section 502(a) of the Northern Marianas Covenant extending

Title II, Section 228 and Title XVI of the Social Security Act to the

Northern Mariana Islands. Specifically, the policy statement deals with

how the requirements of these programs regarding residency, citizenship

and alienage will apply in the Northern Marianas.

CITATIONS (AUTHORITY):

Social Security Act, Section 228 and Title XVI; Public Law (P.L.) 94-241.

Report of the Senate Committee on Interior and Insular Affairs, Senate

Report No. 94-433, 94 Congress, 1st Session, pp. 76-77; Congressional

Record Volume 122, Nos. 35 and 37.

PERTINENT HISTORY:

On March 24, 1976, Congress approved by joint resolution (P.L. 94-241)

the "Covenant to Establish a Commonwealth of the Northern Mariana Islands

in Political Union with the United States of America." Section 502(a) of

the Covenant provides that:

"[t]he following laws of the United States . . . will apply to the

Northern Mariana Islands . . . (1) . . . Section 228 of the Title II and

Title XVI of the Social Security Act as it applies to the several States.

. . ."

The effective date of this provision, according to Section 1003(b) of the

Covenant, is "to be determined and proclaimed by the President of the

United States which will be not more than 180 days after this Covenant and

the Constitution of the Northern Mariana Islands have both been approved."

Following Presidential Proclamation No. 4534 (42 Federal Register No. 207,

pp. 56993-4, October 27, 1977), Section 502(a) of the Covenant became

effective on January 9, 1978.

nant, is "to be determined and proclaimed by the President of the

United States which will be not more than 180 days after this Covenant and

the Constitution of the Northern Mariana Islands have both been approved."

Following Presidential Proclamation No. 4534 (42 Federal Register No. 207,

pp. 56993-4, October 27, 1977), Section 502(a) of the Covenant became

effective on January 9, 1978.

In order to be entitled to supplemental security income (SSI) benefits

under title XVI, or to special age 72 payments under Section 228 of title

II, an individual must be a resident of the 50 states or the District of

Columbia, and must also be either a citizen of the United States or an

alien meeting prescribed requirements. (Section 228(a) and 1614(a) of the

Act.) No resident of the Northern Marianas presently would be able to meet

both of these requirements. Obviously, no resident of the Northern

Marianas could also be a resident of the 50 States or the District of

Columbia and it is doubtful that more than a few of the residents could

meet the citizenship- alienage requirements.

The question then is whether Section 502(a) of the Covenant requires the

residency, citizenship and alienage requirements prescribed in Sections

228(a) and 1614(a) of the Social Security Act to be applied literally to

the residents of the Northern Marianas. Such application would amount to

extending SSI benefits and special age 72 payments to residents of the

Northern Marianas only "on paper," making it impossible for any residents

actually to become entitled to those benefits. If this obviously anomalous

result is to be avoided, the eligibility requirements in title XVI and

Section 228 of title II must be considered to apply to residents of the

Northern Marianas to the same extent as if those individuals were

residents of the "several States."

rthern Marianas only "on paper," making it impossible for any residents

actually to become entitled to those benefits. If this obviously anomalous

result is to be avoided, the eligibility requirements in title XVI and

Section 228 of title II must be considered to apply to residents of the

Northern Marianas to the same extent as if those individuals were

residents of the "several States."

We do not believe that Congress intended that the application of Sections

502(a) and 1003(b) be only theoretical in the Northern Marianas. The

legislative history of the joint resolution approving the Covenant

indicated that Congress intended to provide workable and meaningful

coverage on the effective date prescribed in Section 1003(b).

Further, actions of the Senate Finance Committee and of its Chairman

taken prior to the joint resolution of Congress approving the Covenant on

March 24, 1976, give added indication of the legislative intent regarding

Section 502(a). On March 11, 1976, Senator Long, on behalf of the Senate

Finance Committee, introduced a bill (S. 315) to preclude the extension of

Section 228 of Title II and Title XVI of the Social Security Act to the

Northern Marianas as provided in the Covenant. In lieu of benefits under

Section 502(a), residents of the Northern Marianas would receive payments

under Social Security Act assistance programs which presently apply to

Puerto Rico, Guam and the Virgin Islands. At the time S. 3125 was

introduced, Senator Long made the following statement on the floor of the

Senate:

al Security Act to the

Northern Marianas as provided in the Covenant. In lieu of benefits under

Section 502(a), residents of the Northern Marianas would receive payments

under Social Security Act assistance programs which presently apply to

Puerto Rico, Guam and the Virgin Islands. At the time S. 3125 was

introduced, Senator Long made the following statement on the floor of the

Senate:

". . .[I]n establishing the Supplemental Security

Income—SSI—program for needy aged, blind, and disabled persons

in 1972, Congress intentionally and specifically limited its applicability

to the 50 States and the District of Columbia. . . . [I]n view of the

different economic and other circumstances in the territories and

possessions, the Congress felt it would be inadvisable to provide the

Federal SSI income guarantee level in the territories and possessions. For

these jurisdictions, Congress continued the then existing program of aid

and services for the aged, blind, and disabled . . . .

"The covenant establishing a new U.S. Commonwealth of the Northern

Mariana islands, which was recently approved by the Senate, includes a

provision making these Social Security Act programs applicable to that

jurisdiction . . . .

". . . . The Marianas Covenant would extend to the new commonwealth

programs which were never intended to apply to territories and which in

fact are not in effect in other territories. The terms of ratification of

the Covenant are such that the covenant itself could not be amended in the

State Senate without undoing the entire agreement, but the particular

provision of the covenant in question is one which the covenant permits to

be changed by further legislation.

hich were never intended to apply to territories and which in

fact are not in effect in other territories. The terms of ratification of

the Covenant are such that the covenant itself could not be amended in the

State Senate without undoing the entire agreement, but the particular

provision of the covenant in question is one which the covenant permits to

be changed by further legislation.

"On behalf of the Finance Committee, I am introducing a bill which will

delete the applicability of these two Social Security Act programs to the

Northern Marianas Commonwealth and will provide instead for the

establishment there of those Social Security Act assistance programs which

now apply to Puerto Rico, Guam, and the Virgin Islands." (Congressional

Record, Vol. 122, No. 35, 3279, March 11, 1976.)

There can be little doubt, therefore, that the Senate Committee on

Finance believed approximately 2 weeks prior to the approval of the

Covenant and the Chairman clearly communicated to the full Senate at that

time, that the Covenant would extend the SSI and special age 72 benefit

programs to the Northern Marianas. When social security programs are

extended to new geographical areas, eligibility is ordinarily provided

(unless express exceptions are prescribed) on a basis which is comparable

to that for individuals who are already covered by the program. The

introduction of S. 3125 by Senator Long and his statement on the floor of

the Senate, quoted above, in support of S. 3125 indicate this type of

extension as a result of Section 502(a) of the Covenant. (No action was

taken on S. 3125 by the Senate.) On June 16, 1976, the Senate amended a

House bill (H.R. 13069) to accomplish essentially what would have been

accomplished by S. 3125. The Senate, however, receded from its amendments

to H.R. 13069 on July 1, 1976, and the bill was enacted (as P.L. 94-354)

without the amendments on July 12. Nor has subsequent legislation amended

Section 502(a).

tion was

taken on S. 3125 by the Senate.) On June 16, 1976, the Senate amended a

House bill (H.R. 13069) to accomplish essentially what would have been

accomplished by S. 3125. The Senate, however, receded from its amendments

to H.R. 13069 on July 1, 1976, and the bill was enacted (as P.L. 94-354)

without the amendments on July 12. Nor has subsequent legislation amended

Section 502(a).

Therefore, on the basis of the language Section 502(a), the history of

the joint resolution approving the Covenant and the history of bills which

were introduced and explained during legislative deliberations prior to

passage of the joint resolution, it seems clear that Congress believed at

the time it approved the Covenant that Section 502(a) would extend coverage under the two programs to the Northern Marianas on the

same basis as coverage has been provided in the several States.

POLICY STATEMENT:

In implementing Section 502(a) of the Northern Marianas Covenant (P.L.

94-241), which provides that section 228 of Title II and Title XVI of the

Social Security Act shall apply to the Northern Marianas "as (such

provisions apply) to the several States" on an effective date prescribed

in Section 1003(b) of the Covenant, the eligibility requirements of

Section 228 and title XVI will be applied as if residents and citizens of,

or qualified aliens in, the Northern Marianas beginning on that date were

residents of the several States and citizens of, or qualified aliens in,

the United States.

In the case of residents and citizens of, or qualified aliens in, the

Northern Marianas all applicable requirements apply except for United

States residence and either United States citizenship or appropriate alien

status. For these individuals, residency, citizenship and alienage

requirements will apply which are comparable to the requirements that

apply in the several States.

FURTHER INFORMATION:

Implementing regulations were published at 43 Federal Register NO. 112,

pp. 25090-2, June 9, 1978.