I 
115TH CONGRESS 
2D SESSION 
H. R. 6124 
To amend title II of the Social Security Act to authorize voluntary agreements 
for coverage of Indian tribal council members, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2018 
Mr. REICHERT (for himself, Ms. DELBENE, Mr. COLE, and Mr. KILMER) in-
troduced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend title II of the Social Security Act to authorize 
voluntary agreements for coverage of Indian tribal coun-
cil members, and for other purposes. 
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’’. 
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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 sec-
tion 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 Se-
curity shall, at the request of any Indian tribe, enter into 
an agreement with such Indian tribe for the purpose of 
extending 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 pur-
poses of this title, the term ‘employment’ includes any 
service included under an agreement entered into under 
this section. 
‘‘Definitions 
‘‘(b) For the purposes of this section: 
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‘‘(1) The term ‘member’ means, with respect to 
a tribal council, an individual serving as a member 
or the head of the tribal council. 
‘‘(2) The term ‘tribal council’ means the gov-
erning body of a federally recognized Indian tribe. 
‘‘Effective Date of Agreement 
‘‘(c)(1) Any agreement under this section shall be ef-
fective 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 
refunded) to the Secretary of the Treasury amounts equiv-
alent to the sum of the taxes which would have been im-
posed 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 specified in such agreement of any taxes 
with respect to services performed before such effective 
date. 
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‘‘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 
amended— 
(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 adding at the end the following new 
paragraph: 
‘‘(22) Service performed by members of Indian 
tribal councils as tribal council members in the em-
ploy of a tribal organization, except that this para-
graph shall not apply in the case of service included 
under an agreement under section 218A.’’. 
(2) INTERNAL REVENUE CODE OF 1986.—The 
Internal Revenue Code of 1986 is amended— 
(A) in section 3121(b)— 
(i) in paragraph (20), by striking ‘‘or’’ 
at the end; 
(ii) in paragraph (21), by striking the 
period at the end and inserting ‘‘; or’’; and 
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(iii) by adding at the end the fol-
lowing new paragraph: 
‘‘(22) service performed by members of Indian 
tribal councils as tribal council members in the em-
ploy of a tribal organization, except that this para-
graph shall not apply in the case of service included 
under an agreement under section 218A of the So-
cial 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 affect application of any Federal income tax with-
holding requirements under the Internal Revenue Code of 
1986. 
Æ 
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