,,ii  #aaeth ,,congress  #b;d ,session  
,h4 ,r4 #fabd  ,,in ,,the ,,senate ,,of 
,,the ,,united ,,states  ,july #be1     
#bjah,received  ,,an ,,act  ,to amend   
title ,,ii of the ,social ,security ,act
 to authorize voluntary agreements for  
coverage of ,indian tribal council      
members1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,tribal ,social ,security ,fairness 
,act of #bjah4  #b4 ,voluntary          
agreements for coverage of services by  
,american ,indian tribal council members
  7a7 ,in general ,title ,,ii of the    
,social ,security ,act 7#db ,u4,s4,c4   
#dja et seq47 is amended by inserting   
after section #bah the following new    
section3  #bah;,a4 ,voluntary agreements
 for coverage of ,indian tribal council 
members  7a7 ,purpose of agreement  7#a7
 ,the ,commissioner of ,social ,security
 shall1 at the request of any ,indian   
tribe1 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 council4    
,any agreement with an ,indian tribe    
under this section applies to all       
members of the tribal council1 and shall
 include all services performed by      
individuals in their capacity as council
 members4  7#b7 ,notwithstanding section
 #baj7;a71 for the purposes of this     
title1 the term employment includes any 
service included under an agreement     
entered into under this section4  7b7   
,definitions ,for the purposes of this  
section3  7#a7 ,the term member means1  
with respect to a tribal council1 an    
individual appointed or elected to serve
 as a member or the head of the tribal  
council4  7#b7 ,the term tribal council 
means the appointed or elected governing
 body of a federally recognized ,indian 
tribe4  7c7 ,effective date of agreement
  7#a7 ,any agreement under this section
 shall be effective with respect to     
services performed after an effective   

date specified in such agreement1       
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       
parties4  7#b7 ,at the request of the   
,indian tribe at the time of the        
agreement1 such agreement may apply with
 respect to services performed before   
such effective date for which there were
 timely paid in good faith 7and not     
subsequently refunded7 to the ,secretary
 of the ,treasury amounts equivalent to 
the sum of the taxes which would have   
been imposed by sections #caja and #caaa
 of the ,internal ,revenue ,code of     
#aihf had such services constituted     
employment for purposes of chapter #ba  
of such ,code4 ,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 date4  7d7 ,duration of       
agreement ,no agreement under this      

section may be terminated on or after   
the effective date of the agreement4  4 
7b7 ,conforming amendments  7#a7 ,social
 ,security ,act ,section #baj7;a7 of the
 ,social ,security ,act 7#db ,u4,s4,c4  
#daj7;a77 is amended--  7,a7 in         
paragraph 7#bj71 by striking or at the  
end2  7,b7 in paragraph 7#ba71 by       
striking the period at the end and      
inserting 2 or2 and  7,c7 by inserting  
after paragraph 7#ba7 the following new 
paragraph3  7#bb7 ,service performed by 
members of ,indian tribal councils as   
tribal council members in the employ of 
an ,indian tribal government1 except    
that this paragraph shall not apply in  
the case of service included under an   
agreement under section #bah;,a4  4     
7#b7 ,internal ,revenue ,code of #aihf  
,the ,internal ,revenue ,code of #aihf  
is amended-- 7,a7 in section #caba7;b7--
  7i7 in paragraph 7#bj71 by striking or
 at the end2  7ii7 in paragraph 7#ba71  
by striking the period at the end and   
inserting 2 or2 and  7iii7 by inserting 

after paragraph 7#ba7 the following new 
paragraph3  7#bb7 service performed by  
members of ,indian tribal councils as   
tribal council members in the employ of 
an ,indian tribal government1 except    
that this paragraph shall not apply in  
the case of service included under an   
agreement under section #bah;,a of the  
,social ,security ,act4  2 and  7,b7 in 
section #caba7;d77#d71 by inserting or  
#bah;,a after section #bah4  7c7 ,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 #aihf4  ,passed the   
,house of ,representatives ,july #bd1   
#bjah4,karen ,l4 ,haas1,clerk4