S. 1507Senate113th Congress (2013-2015)In Committee

Tribal General Welfare Exclusion Act of 2013

Introduced September 17, 2013

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

September 17, 2013

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SenateIntro Referral

Introduced in Senate

September 17, 2013

SenateIntro Referral

Read twice and referred to the Committee on Finance.

September 17, 2013

Floor Debate

15 members

What members said about S. 1507 on the floor

4 Republicans11 Democrats
Debbie Stabenow
Sen. Debbie StabenowD-MI · Sep 16, 2014

Thank you, Mr. President. I am very pleased to join with a number of colleagues today representing all of those in our conference who are deeply concerned about the mound of debt that students incur…

Heidi  Heitkamp
Sen. Heidi HeitkampD-ND · Sep 16, 2014

Mr. President, I ask to speak as if in morning business. Mr. President, it is truly a great honor to stand with my colleague from Kansas as we are on the cusp of actually passing legislation that has…

Jerry Moran
Sen. Jerry MoranR-KS · Sep 16, 2014

Mr. President, I ask to speak as in morning business. Mr. President, I thank the Chair for the opportunity to speak this afternoon. I am also pleased to see on the floor my colleague from North…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Sep 16, 2014

Mr. President, I wish to commend all of the incredible work that the Senator from Michigan has done on the ``fair shot'' agenda, how she really has been out there working hard for families across…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Sep 16, 2014

It is a delight to join Senator Stabenow on the floor to talk about this critical issue that is a growing crisis here at home in America and threatens Americans' economic strength and…

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Jerry Moran
Sen. Jerry MoranR-KS · Sep 18, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. I ask unanimous consent to speak as in morning business. Mr. President, October--next month--is Domestic…

John Cornyn
Sen. John CornynR-TX · Sep 16, 2014

Mr. President, reserving the right to object, I want to say to my colleague from Massachusetts I appreciate her highlighting the importance of student debt in the lives of a lot of our young people…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Sep 16, 2014

Mr. President, I thank my colleague and dear friend from Michigan for the great work she has done as chair and vice chair of the DPCC. We have worked very hard on this ``fair shot'' agenda. We…

Jack Reed
Sen. Jack ReedD-RI · Sep 16, 2014

Mr. President, I join with my colleagues to urge the Senate to take up and pass the Bank on Students Emergency Loan Refinancing Act led by my colleague from Massachusetts, Senator Elizabeth Warren.…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Sep 16, 2014

Mr. President, let me thank Senator Stabenow for organizing this time to underscore the importance of a fair shot for everyone to afford a college education. Earlier this month Senator Mikulski and I…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Sep 16, 2014

I thank Senator Stabenow and Senator Baldwin. I am pleased to be on the floor today joining the distinguished Senator from Michigan, Ms. Warren, Senator Franken, and all the other Senators who will…

Al  Franken
Sen. Al Franken D-MN · Sep 16, 2014

Mr. President, I thank the generous Senator from Michigan, and I thank the Senator from New Hampshire for her remarks about the Bank on Students Emergency Loan Refinancing Act. I have held college…

John Thune
Sen. John ThuneR-SD · Sep 18, 2014

Mr. President, I also wish to speak in support of S. 1507, the Tribal General Welfare Exclusion Act of 2013. I am a cosponsor of this bipartisan legislation which passed the House of Representatives…

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Harry Reid
Sen. Harry ReidD-NV · Sep 16, 2014

I ask unanimous consent that the time for the Democrats be until 4:05 p.m. and the same with Republicans, 5:05 p.m. Mr. President, I ask unanimous consent that the order for the quorum call be…

Jerry Moran
Sen. Jerry MoranR-KS · Sep 17, 2014

I wish to engage in a colloquy with the chairman of the Finance Committee, Senator Wyden, and with Senator Heitkamp, to clarify several questions that have arisen since H.R. 3043 and S. 1507 were…

Ron Wyden
Sen. Ron WydenD-OR · Sep 17, 2014

The Senator is correct. I want to express my full support for the administrative guidance issued by the IRS in Rev. Proc. 2014- 35. I would also point out to the Senator that the bill requires under…

John Hoeven
Sen. John HoevenR-ND · Sep 16, 2014

Mr. President, I ask unanimous consent for 10 minutes or as much time as I might need to discuss an important energy issue. Mr. President, I appreciate the comments of my esteemed colleague from…

Heidi  Heitkamp
Sen. Heidi HeitkampD-ND · Sep 17, 2014

As the chairman knows, there have been concerns expressed in Indian Country that the IRS may take the occasion of passage of H.R. 3043 or S. 1507 to retrench, narrow or possibly withdraw the…

Harry Reid
Sen. Harry ReidD-NV · Sep 18, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 17, 2013

II

113th CONGRESS

1st Session

S. 1507

IN THE SENATE OF THE UNITED STATES

September 17, 2013

Mr. Moran (for himself and Ms. Heitkamp) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to clarify the treatment of general welfare benefits provided by Indian tribes.

1.

Short title

This Act may be cited as the Tribal General Welfare Exclusion Act of 2013.

2.

Indian general welfare benefits

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section:

139E.

Indian general welfare benefits

(a)

In general

Gross income does not include the value of any Indian general welfare benefit.

(b)

Indian general welfare benefit

For purposes of this section, the term Indian general welfare benefit includes any payment made or services provided to or on behalf of a member of an Indian tribe (or any spouse or dependent of such a member) pursuant to an Indian tribal government program, but only if—

(1)

the program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the tribe, and

(2)

the benefits provided under such program—

(A)

are available to any tribal member who meets such guidelines,

(B)

are for the promotion of general welfare,

(C)

are not lavish or extravagant, and

(D)

are not compensation for services.

(c)

Definitions and special rules

For purposes of this section—

(1)

Indian tribal government

For purposes of this section, the term Indian tribal government includes any agencies or instrumentalities of an Indian tribal government and any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(2)

Dependent

The term dependent has the meaning given such term by section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B).

(3)

Lavish or extravagant

The Secretary shall, in consultation with the Tribal Advisory Committee (as established under section 3(a) of the Tribal General Welfare Exclusion Act of 2013), establish guidelines for what constitutes lavish or extravagant benefits with respect to Indian tribal government programs.

(4)

Establishment of tribal government program

A program shall not fail to be treated as an Indian tribal government program solely by reason of the program being established by tribal custom or government practice.

(5)

Ceremonial activities

Any items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of tribal culture shall not be treated as compensation for services.

.

(b)

Conforming amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item:

Sec. 139E. Indian general welfare benefits.

.

(c)

Statutory construction

Ambiguities in section 139E of such Code, as added by this Act, shall be resolved in favor of Indian tribal governments and deference shall be given to Indian tribal governments for the programs administered and authorized by the tribe to benefit the general welfare of the tribal community.

(d)

Effective date

(1)

In general

The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired.

(2)

One-year waiver of statute of limitations

If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period.

3.

Tribal Advisory Committee

(a)

Establishment

The Secretary of the Treasury shall establish a Tribal Advisory Committee (hereinafter in this subsection referred to as the Committee).

(b)

Duties

(1)

Implementation

The Committee shall advise the Secretary on matters relating to the taxation of Indians.

(2)

Education and training

The Secretary shall, in consultation with the Committee, establish and require—

(A)

training and education for internal revenue field agents who administer and enforce internal revenue laws with respect to Indian tribes on Federal Indian law and the Federal Government’s unique legal treaty and trust relationship with Indian tribal governments, and

(B)

training of such internal revenue field agents, and provision of training and technical assistance to tribal financial officers, about implementation of this Act and the amendments made thereby.

(c)

Membership

(1)

In general

The Committee shall be composed of 7 members appointed as follows:

(A)

Three members appointed by the Secretary of the Treasury.

(B)

One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Ways and Means of the House of Representatives.

(C)

One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Finance of the Senate.

(2)

Term

(A)

In general

Except as provided in subparagraph (B), each member’s term shall be 4 years.

(B)

Initial staggering

The first appointments made by the Secretary under paragraph (1)(A) shall be for a term of 2 years.

4.

Other relief for Indian tribes

(a)

Temporary suspension of examinations

The Secretary of the Treasury shall suspend all audits and examinations of Indian tribal governments and members of Indian tribes (or any spouse or dependent of such a member), to the extent such an audit or examination relates to the exclusion of a payment or benefit from an Indian tribal government under the general welfare exclusion, until the education and training prescribed by section 3(b)(2) of this Act is completed. The running of any period of limitations under section 6501 of the Internal Revenue Code of 1986 with respect to Indian tribal governments and members of Indian tribes shall be suspended during the period during which audits and examinations are suspended under the preceding sentence.

(b)

Waiver of penalties and interest

The Secretary of the Treasury may waive any interest and penalties imposed under such Code on any Indian tribal government or member of an Indian tribe (or any spouse or dependent of such a member) to the extent such interest and penalties relate to excluding a payment or benefit from gross income under the general welfare exclusion.

(c)

Definitions

For purposes of this subsection—

(1)

Indian tribal government

The term Indian tribal government shall have the meaning given such term by section 139E of such Code, as added by this Act.

(2)

Indian tribe

The term Indian tribe shall have the meaning given such term by section 45A(c)(6) of such Code.