[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[House]
[Pages H7118-H7119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRIBAL SOCIAL SECURITY FAIRNESS ACT OF 2018
Mr. REICHERT. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6124
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 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 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 applies to all members of the tribal council, and
shall include all services performed by individuals in their
capacity as council members.
``(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, an individual appointed or elected to serve as a
member or the head of the tribal council.
``(2) The term `tribal council' means the appointed or
elected governing body of a federally recognized Indian
tribe.
``Effective Date of Agreement
``(c)(1) Any agreement under this section shall be
effective 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 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 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 terminated 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 period 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 employ of an Indian
tribal government, except that this paragraph 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
(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 employ of an Indian
tribal government, except that this paragraph shall not apply
in the case of service included 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 affect
application of any Federal income tax withholding
requirements under the Internal Revenue Code of 1986.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Reichert) and the gentleman from Massachusetts (Mr.
Neal) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. REICHERT. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 6124, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. REICHERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am proud to rise today in support of my bill, the
Tribal Social Security Fairness Act. This bipartisan bill supports our
community's Tribal leaders and their fair access to the Social Security
system and the benefits they have earned by ensuring Tribal governments
have the same opportunity to participate in the Social Security Program
that so many others across the country rely on. It was unanimously
approved by the Ways and Means Committee in late June.
This bill provides a simple solution to a problem facing Tribal
leaders across the country, including in my home State of Washington.
In Washington State, many Tribal leaders have been paying into the
Social Security system with the expectation of future benefits.
However, a Social Security Administration policy ruling issued in 2006
prevented them from continuing to pay into the program and have their
earnings count toward future benefits.
This problem was brought to my attention a few years ago when I met
with Virginia Cross. Virginia Cross is the chairwoman of the
Muckleshoot Tribal Council in Washington State. After this meeting, we
discovered other Tribal leaders in Washington and across the country
face the same challenges, including the Snoqualmie Tribe in Washington.
Hearing these examples, it just didn't seem fair that those who wanted
to pay into the system could not pay into the system. That is when my
staff and I went to work to find a solution.
Thanks to the dedicated advocacy of the Muckleshoot and the
Snoqualmie Tribes and the leadership of fellow Washingtonians,
Representatives DelBene and Kilmer, as well as Representatives Cole and
Schweikert, we were able to find a bipartisan, comprehensive solution
to the problem. I would also like to thank Chairman Brady and Ranking
Member Neal of the Ways and Means Committee and their staff for all the
hard work they have put in on this most important bill.
I urge my colleagues to join me today in righting this wrong so our
Tribal leaders can receive the Social Security benefits they deserve.
Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 6124, which closes a
longstanding gap in Social Security coverage for members of Indian
Tribal councils.
Let me thank Representatives Dave Reichert and Suzan DelBene for
their good work to resolve this issue.
H.R. 6124 allows Indian Tribal councils to voluntarily cover their
members under Social Security in a way that is similar to how State and
local governments do so today. This would allow individuals employed as
members of Tribal councils to contribute to Social Security and
Medicare and, therefore, earn benefit protection.
I want to emphasize that the decision to participate would be
voluntary. Each Tribal council will have the right to decide for
itself.
In addition, because there has been confusion around this issue for
many years, the legislation allows Tribal council members to receive
benefit credit if they have erroneously paid Social Security taxes in
the past, even though they were not required to. This is only fair, and
I am pleased that the legislation addresses this problem as well.
Social Security and Medicare coverage are valuable protections for
all Americans. I am pleased that this bipartisan legislation is moving
forward, and I urge its support.
Mr. Speaker, I reserve the balance of my time.
Mr. REICHERT. Mr. Speaker, I yield such time as he may consume to the
[[Page H7119]]
gentleman from Texas (Mr. Sam Johnson).
Mr. SAM JOHNSON of Texas. Mr. Speaker, I want to thank Mr. Reichert,
Ms. DelBene, Mr. Cole, and Mr. Kilmer for introducing this commonsense
bill.
As chairman of the Ways and Means Social Security Subcommittee, I
held a hearing last year on Social Security coverage for some State and
local governments. During the hearing, we discussed how State and local
governments were initially excluded from Social Security. But over
time, the law was changed to provide State and local governments the
choice to extend Social Security coverage to their employees.
However, Tribal councils don't have this same option. The IRS and
Social Security have a rule that Tribal council members are not
eligible for Social Security coverage. That isn't right. Tribal
councils should be able to participate in Social Security if they want
to. The bill on the floor today fixes this by giving Tribal councils
the choice.
I also want to be clear that this bill does not mandate Social
Security coverage. Tribes will still have the ability to make their own
decision.
This bill treats Tribal council members fairly when it comes to
Social Security benefits and is the result of a request from several
Tribal councils. I encourage my colleagues to support this bill. It is
a bipartisan bill.
Mr. NEAL. Mr. Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. REICHERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Schweikert), a member of the Ways and Means Committee.
Mr. SCHWEIKERT. Mr. Speaker, I will do this really quickly.
Being from Arizona, where I have, functionally, 23 Tribes, 21 or 22
reservations, it is surprising how often this becomes a subject and
trying to understand how big and complex many of our Tribal communities
are. We think our lives are sometimes complex. Imagine having to
operate in the world of multiple layers, where you have to deal with
State and local, Federal, and then Tribal politics, issues, and those
things.
I was visiting some of my friends on a Tribal community called Ak-
Chin. It was interesting. One of the gentleman there basically said: I
am on council. I can't participate in Social Security. But before I was
on council, I managed one of the Tribal operations, and there I could
participate in Social Security.
I know this is sort of a glitch, but this is one of those honorable
things where we step up and we create some optionality. Within that
optionality, I think we respect Tribal sovereignty, and we are just
doing the right thing here.
Mr. NEAL. Mr. Speaker, I yield myself the balance of my time.
I want to thank the sponsors for their hard work. I urge colleagues
on both sides of the aisle to support this legislation, and I yield
back the balance of my time.
Mr. REICHERT. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, H.R. 6124, the Tribal Social Security Fairness Act, is a
straightforward, commonsense, bipartisan bill. It ensures our Tribal
leaders have access to Social Security benefits that they so deserve.
Mr. Speaker, I urge my colleagues to join me in supporting this
bipartisan bill, and I yield back the balance of my time.
Mr. GALLEGO. Mr. Speaker, I rise today in support of H.R. 6124, the
Tribal Social Security Fairness Act.
I am pleased to support this common sense, bipartisan bill that will
extend a basic right to tribal leaders across the country: the ability
to retire with dignity and security.
Astonishing as it may seem, elected tribal leaders, including those
who have already paid into Social Security, can no longer contribute
to--or access the benefits of--this critical safety net program.
After a lifetime of service to their communities, tribal leaders
shouldn't have to struggle to make ends meet.
They deserve the same access to Social Security as every other
American.
This speaks to a broader problem, Mr. Speaker.
As the first inhabitants of our homeland, the interests of Native
Americans should be a primary consideration when federal policy makers
go to work--not an afterthought.
But, too often, the unique considerations of Indian Country are just
that . . . an afterthought.
Nevertheless, every decision we make in this body--from the Farm Bill
to healthcare to tax policy--every decision we make impacts our Native
American brothers and sisters.
Earlier today, in the Subcommittee on Indian Affairs, we heard from
the tribe whose members helped the Pilgrims survive that first winter
in Plymouth. Their good will is part of the reason you and I are here
today.
Moving forward, it's incumbent upon us to demonstrate the same
generosity of spirit that was shown to our nation's founders.
And we can start here and now.
I urge my colleagues to support this common sense legislation today,
and to fully consider the implications of new policies on Indian
Country in the future.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Reichert) that the House suspend the
rules and pass the bill, H.R. 6124, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________