S. 1309 – Tribal Social Security Fairness Act

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Updated April 15, 2026 at 4:05 PM UTC

The Tribal Social Security Fairness Act would let federally recognized Indian tribes sign voluntary agreements with the Social Security Administration so that members of tribal councils—including council heads—receive Social Security coverage for the work they do as council members. The bill changes the definition of “employment” in the Social Security Act to include these council services and adds a new section outlining how the agreements work. It also updates the tax code reference to match the new provision.

Key Provisions

Allows any Indian tribe to request and enter into a voluntary agreement with the Commissioner of Social Security to extend Social Security coverage to services performed by tribal council members.
Defines “member” as a serving tribal council member or the council head, and defines “tribal council” as the governing body of a federally recognized tribe.
Specifies that the agreement’s coverage starts on a date no earlier than the first day of the month after the tribe signs and sends the agreement to the Commissioner.
Prohibits termination of the agreement (or any part of it) once it becomes effective.
Amends the Internal Revenue Code to include the new section (218A) when referencing employment for tax withholding purposes.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

June 7, 2017

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SenateIntro Referral

Introduced in Senate

June 7, 2017

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

June 7, 2017

Bill Text

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Introduced in SenateIssued June 7, 2017

II

115th CONGRESS

1st Session

S. 1309

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.

Short title

This Act may be cited as the Tribal Social Security Fairness Act.

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:

218A.

Voluntary agreements for coverage of Indian tribal council members

(a)

Purpose of agreement

(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.

(b)

Definitions

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.

(c)

Effective date of agreement

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.

(d)

Duration of agreement

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.