II 

115TH CONGRESS 

1ST SESSION S. 1309 

To amend title II of the Social Security Act to permit American Indian 

tribal councils to enter into agreements with the Commissioner of Social 

Security to obtain social security coverage for services performed by 

tribal council members. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2017 

Ms. CANTWELL (for herself and Mr. THUNE) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to permit American Indian tribal councils to enter into agreements with 

the Commissioner of Social Security to obtain social security coverage for services performed by tribal council 

members. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Social Security 

5 Fairness Act’’. 


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1 SEC. 2. VOLUNTARY AGREEMENTS FOR COVERAGE OF 

2 SERVICES BY AMERICAN INDIAN TRIBAL 

3 COUNCIL MEMBERS. 

4 (a) IN GENERAL.—Title II of the Social Security Act 

5 (42 U.S.C. 401 et seq.) is amended by inserting after sec6 tion 218 the following new section: 

7 ‘‘VOLUNTARY AGREEMENTS FOR COVERAGE OF INDIAN

8 TRIBAL COUNCIL MEMBERS

9 ‘‘Purpose of Agreement 

10 ‘‘SEC. 218A. (a)(1) The Commissioner of Social Se11 curity shall, at the request of any Indian tribe, enter into 

12 an agreement with such Indian tribe for the purpose of 

13 extending the insurance system established by this title to 

14 services performed by individuals as members of such In15 dian tribe’s tribal council. Any agreement with an Indian 

16 tribe under this section must include all services per17 formed by individuals in their capacity as members of the 

18 tribal council. 

19 ‘‘(2) Notwithstanding section 210(a), for the pur20 poses of this title, the term ‘employment’ includes any 

21 service included under an agreement entered into under 

22 this section. 

23 ‘‘Definitions 

24 ‘‘(b) For the purposes of this section: 

25 ‘‘(1) The term ‘member’ means, with respect to 

26 a tribal council— 


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1 ‘‘(A) an individual who is serving as a 

2 member of the tribal council; and 

3 ‘‘(B) the head of the tribal council. 

4 ‘‘(2) The term ‘tribal council’ means the gov5 erning body of a federally recognized Indian tribe. 

6 ‘‘Effective Date of Agreement 

7 ‘‘(c) Any agreement or modification of an agreement 

8 under this section shall be effective with respect to services 

9 performed after an effective date specified in such agree10 ment or modification, except that such date may not be 

11 earlier than the first day of the next calendar month after 

12 which the Indian tribe signs the agreement and sends it 

13 to the Commissioner for signature. 

14 ‘‘Duration of Agreement 

15 ‘‘(d) No agreement under this section may be termi16 nated, either in its entirety or with respect to any member, 

17 on or after the effective date of the agreement.’’. 

18 (b) CONFORMING AMENDMENT.—Section 3121(d)(4) 

19 of the Internal Revenue Code of 1986 is amended by in20 serting ‘‘or 218A’’ after ‘‘section 218’’. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

22 or the amendments made by this Act shall be construed 

23 to affect application of any Federal income tax withVerDate Sep 11 2014 00:18 Jun 12, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS S1309

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1 holding requirements under the Internal Revenue Code of 

2 1986. 

Æ 


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