Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Social Security 
Fairness Act of 2018’’. 
SEC. 2. VOLUNTARY AGREEMENTS FOR COVERAGE OF 
SERVICES 
BY 
AMERICAN 
INDIAN 
TRIBAL 
COUNCIL MEMBERS. 
(a) IN GENERAL.—Title II of the Social Security Act 
(42 U.S.C. 401 et seq.) is amended by inserting after section 
218 the following new section: 
‘‘VOLUNTARY AGREEMENTS FOR COVERAGE OF INDIAN 
TRIBAL COUNCIL MEMBERS 
‘‘Purpose of Agreement 
‘‘SEC. 218A. (a)(1) The Commissioner of Social Secu-
rity shall, at the request of any Indian tribe, enter into 
an agreement with such Indian tribe for the purpose of ex-
tending the insurance system established by this title to 
services performed by individuals as members of such In-
dian tribe’s tribal council. Any agreement with an Indian 
tribe under this section applies to all members of the tribal 
council, and shall include all services performed by individ-
uals in their capacity as council members. 
‘‘(2) Notwithstanding section 210(a), for the purposes 
of this title, the term ‘employment’ includes any service in-
cluded under an agreement entered into under this section. 
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‘‘Definitions 
‘‘(b) For the purposes of this section: 
‘‘(1) The term ‘member’ means, with respect to 
a tribal council, an individual appointed or elected to 
serve as a member or the head of the tribal council. 
‘‘(2) The term ‘tribal council’ means the ap-
pointed or elected governing body of a federally recog-
nized Indian tribe. 
‘‘Effective Date of Agreement 
‘‘(c)(1) Any agreement under this section shall be effec-
tive with respect to services performed after an effective date 
specified in such agreement, provided that such date may 
not be earlier than the first day of the next calendar month 
after the month in which the agreement is executed by both 
parties. 
‘‘(2) At the request of the Indian tribe at the time of 
the agreement, such agreement may apply with respect to 
services performed before such effective date for which there 
were timely paid in good faith (and not subsequently re-
funded) to the Secretary of the Treasury amounts equivalent 
to the sum of the taxes which would have been imposed by 
sections 3101 and 3111 of the Internal Revenue Code of 
1986 had such services constituted employment for purposes 
of chapter 21 of such Code. No agreement under this section 
may require payment to be made after the effective date 
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specified in such agreement of any taxes with respect to 
services performed before such effective date. 
‘‘Duration of Agreement 
‘‘(d) No agreement under this section may be termi-
nated on or after the effective date of the agreement.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SOCIAL SECURITY ACT.—Section 210(a) of 
the Social Security Act (42 U.S.C. 410(a)) is amend-
ed— 
(A) in paragraph (20), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (21), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (21) the 
following new paragraph: 
‘‘(22) Service performed by members of Indian 
tribal councils as tribal council members in the em-
ploy of an Indian tribal government, except that this 
paragraph shall not apply in the case of service in-
cluded under an agreement under section 218A.’’. 
(2) INTERNAL REVENUE CODE OF 1986.—The In-
ternal Revenue Code of 1986 is amended— 
(A) in section 3121(b)— 
(i) in paragraph (20), by striking ‘‘or’’ 
at the end; 
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(ii) in paragraph (21), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by inserting after paragraph (21) 
the following new paragraph: 
‘‘(22) service performed by members of Indian 
tribal councils as tribal council members in the em-
ploy of an Indian tribal government, except that this 
paragraph shall not apply in the case of service in-
cluded under an agreement under section 218A of the 
Social Security Act.’’; and 
(B) in section 3121(d)(4), by inserting ‘‘or 
218A’’ after ‘‘section 218’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act or 
the amendments made by this Act shall be construed to af-
fect application of any Federal income tax withholding re-
quirements under the Internal Revenue Code of 1986. 
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Union Calendar No. 620 
115TH CONGRESS 
2D SESSION 
H. R. 6124 
[Report No. 115–801] 
A BILL 
To amend title II of the Social Security Act to au-
thorize voluntary agreements for coverage of In-
dian tribal council members, and for other pur-
poses. 
JUNE 29, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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