C110 SA 165

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Senator Gordon Smith of Oregon on January 23, 2007 submitted an amendment for himself and Jeff Bingaman, Democratic Senator from New mexico intended to be proposed by him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __X. TREATMENT OF CERTAIN PENSION PLANS OF INDIAN TRIBAL GOVERNMENTS.
(a) Amendment to Internal Revenue Code of 1986.--The last sentence of section 414(d) of the Internal Revenue Code of 1986 (definition of governmental plan) is amended to read as follows: "The term 'governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency instrumentality (or subdivision) of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.".
(b) Amendments to Employee Retirement Income Security Act of 1974.--
(1) IN GENERAL.--The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended to read as follows: "The term 'governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency instrumentality (or subdivision) of an Indian tribal government, or an entity established under Federal, State, or tribal law that is wholly owned or controlled by any of the foregoing.".
(2) CONFORMING AMENDMENTS.--
(A) Paragraph (14) of section 4021(b) of such Act (29 U.S.C. 1321(b)(14)) is amended to read as follows:
"(14) established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency instrumentality (or subdivision) of an Indian tribal government, or an entity established under Federal, State, or tribal law that is wholly owned or controlled by any of the foregoing.".
(B) Section 4021(b)(2) of such Act (29 U.S.C. 1321(b)(2) is amended by striking "or which is described in the last sentence of section 3(32)".
(c) Effective Date.--The amendments made by this section shall take effect as if included in section 906 of the Pension Protection Act of 2006.

Contents

Analysis

This amendment was offered in a flurry of amendments by the GOP side to slow down passage of the minimum wage bill. This bill could be seen as a way to "filibuster" by amendment. While the change itself is on language that would help tribal indian retirement plans, an area of debate which are easy to spin as helping Native-Americans, thus making it more problematic to attack Smith on the merits of the amendment itself.


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