Title: Tribal Social Security Fairness Act
Policy area: Social Welfare

Summary:
Tribal Social Security Fairness Act
This bill amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act to direct the Social Security Administration, at the request of an Indian tribe, to enter into an agreement with the tribe for the purpose of extending Social Security coverage to tribal council members.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]

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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.

    Be it enacted by the Senate and House of Representatives 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''.

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 Security 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 Indian tribe's tribal council. Any agreement with an 
Indian tribe under this section must include all services performed by 
individuals in their capacity as members of the tribal council.
    ``(2) Notwithstanding section 210(a), for the purposes 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:
            ``(1) The term `member' means, with respect to a tribal 
        council--
                    ``(A) an individual who is serving as a member of 
                the tribal council; and
                    ``(B) the head of the tribal council.
            ``(2) The term `tribal council' means the governing body of 
        a federally recognized Indian tribe.

                     ``Effective Date of Agreement

    ``(c) Any agreement or modification of an agreement under this 
section shall be effective with respect to services performed after an 
effective date specified in such agreement or modification, except that 
such date may not be earlier than the first day of the next calendar 
month after which the Indian tribe signs the agreement and sends it to 
the Commissioner for signature.

                        ``Duration of Agreement

    ``(d) No agreement under this section may be terminated, either in 
its entirety or with respect to any member, on or after the effective 
date of the agreement.''.
    (b) Conforming Amendment.--Section 3121(d)(4) of the Internal 
Revenue Code of 1986 is amended 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 withholding requirements under the Internal Revenue 
Code of 1986.
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