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The National Indian Health Board is a dedicated advocate to Congress on behalf of all Tribal Governments and American Indians/Alaska Natives. Each weekly issue contains a listing of current events on Capitol Hill, information on passed and upcoming legislation, Indian health policy analysis, and action items. To view all of our legislative resources, please visit www.nihb.org/legislative/washington_report.php.

September 6, 2022

In This Week's Washington Report



Action Item: NIHB and NCAI Seek Tribal Testimony on Advance Appropriations, Tribes Share Initial Support


Action Item: Meet Your Member-Oklahoma


Action Item: NIHB Joins Amicus Brief in Support of Upholding ICWA inSupreme Court Case Haaland v. Brackeen


Action item: Office of Management and Budget to Hold Tribal Consultation on FY24 President's Budget


Action Item: Register for the National Tribal Health Conference

News From Capitol Hill

Tribes Share Initial Support: NIHB and NCAI Seek Tribal Testimony on Advance Appropriations


“Government shutdowns represent the inability of government to work as a team. Politics should not be the rule of the day but cooperation and collaboration to run the country, including Sovereign Nations through treaties.”


Ensuring stable and predictable funding for the Indian Health Service, advance appropriations are a longstanding Tribal request and recommendation that the National Indian Health Board (NIHB) and the National Congress of American Indians (NCAI) have diligently advocated for years. Most recently, NIHB and NCAI have joined efforts to collect primary data through a survey from Tribes on the impacts of the Indian Health Service (IHS) from government shutdowns and continuing resolutions  

 

An advance appropriation is funding that becomes available one year or more after the year of the appropriations act in which it is contained. For example, if advance appropriations were secured in the FY23 spending bills there will be an appropriation for FY24 regardless of a government shutdown or continuing resolution occurrence. This means when the budget is being proposed for FY24, the IHS would already have an appropriation for that fiscal year because of the advance appropriation funded from the FY23 spending bills and therefore a more stable, predictable funding stream for IHS. 


Endorsing support for advance appropriations for the IHS, the Biden Administration is aware of the adverse impacts of discretionary funding and has included advance appropriation in the FY2023 President’s Budget. Passing their appropriation bills this July, the House did not include advance appropriations despite overwhelming Tribal advocacy. On the other hand, making an historic investment to the health of Indian country, the Senate did include advance appropriations in their appropriation bills providing $5.577 billion for FY 2024. However, securement of advance appropriations is not yet final. 


Tribes need advance appropriations for IHS funding now. Allies in Congress are asking for your stories to help get their colleagues on board. Members of Congress frequently ask, “Why do Tribes need Advance Appropriations?” and “How do funding disruptions harm Tribal nations and their people?”  

  

From initial survey responses, Tribal leaders and Tribal health directors have noted federal governmental shutdowns result in loss of patient contact hours, loss of third-party billing opportunity and revenue, and loss of hours of operations of health services. 


“There were cuts to Tribal Council and Director Salaries of 8.5 %. Caused huge employee moral issue with people who are termed essential. Promoted racism within the organization. Cut hours and laid off some government staff.”


Overwhelmingly, multiple Tribes have experienced interruptions in providing mental health services, substance abuse treatment, and adverse impacts on recruiting and retaining professional medical staff. Fortunately, or unfortunately, some Tribes did not experience furloughing or layoffs because they were able to use revenue to cover the wages. Others made the tough decision to furlough or layoff medical staff.

 

"Being critically underfunded affects the services we can provide especially in very remote areas, also not having advanced appropriations makes it hard to plan, and also having to supplement from our third-party funds takes away from the additional services we are able to provide to due people due to no access due because of our location." 

 

Testifying in support of advance appropriations, a Tribe noted that "people who actually visit villages, will better understand [their] living conditions, and see how remote [they] are. Transportation is mainly by aircraft; others, if the weather is allowable, travel by boats and during the winter by snowmobiles".  

 

If you would like to share your stories highlighting direct adverse impacts of unstable IHS funding, please submit through this survey. Answers can remain anonymous in which there is an option on the survey to keep your Tribe’s name anonymous. In addition, you will be routed to a separate link to enter to win a Pendleton.

 

For questions, please contact NIHB Director of Government Relations Aaron Payment, EdD, at apayment@nihb.org. 

Meet Your Member

Oklahoma

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Representative Markwayne Mullin (R-OK-2)


Representative Mullin is currently serving his fifth term as Oklahoma's second congressional representative. He is running for Senate in the 2022 congressional elections. Mullin is an enrolled member of the Cherokee Nation. As one of only five Native Americans currently serving in the House, Mullin brings firsthand knowledge of Native American issues to Washington, DC, and advocates for Tribal healthcare. Rep. Mullin advocates for Tribal healthcare, small business and entrepreneurship in Oklahoma, and military defense. 


Mullin sits on the House Energy and Commerce Committee, including the Subcommittee on Communications and Technology, Subcommittee on Health, and on Environment and Climate Change. Mullin also serves on the House Permanent Select Committee on Intelligence, including the Subcommittee on Defense Intelligence and Warfighter Support and the Subcommittee on Strategic Technologies and Advanced Research.


Tribal Healthcare Legislation

Mullin introduced the bill Tribal Health Data Improvement. It is intended to elevate American Indian/Alaska Native (AI/AN) healthcare. The Tribal Health Data bill would improve Tribal access to important public health data and information. It also reauthorizes through fiscal year (FY) 2026 the National Center for Health Statistics in the Centers for Disease Control and Prevention (CDC). The Department of Health and Human Services (HHS) must (1) establish a strategy for providing data access to Indian Tribes and Tribal epidemiology centers; and (2) make available all requested data related to health care and public health surveillance programs and activities to IHS, Tribes, Tribal organizations, and Tribal epidemiology centers. 


Supporting a longstanding Tribal request that NIHB diligently advocates for, Mullin cosponsors H.R 5567 and H.R 5549. These bills would provide advance appropriations for the Indian Health Service (IHS). 


Supporting colleague Representative Tom Cole's bill, the IHS Contract Support Cost Amendment Act amends the ISDEAA so that amounts needed to ensure compliance with the contract, under self-governance contracts and compacts, are eligible for reimbursement. NIHB applauds the work of Representative Cole and his work for Tribal nations to continue providing healthcare without disruptions and is committed to overseeing the passage of this bill. To read the letter NIHB sent to Cole's office on April 26 sharing our support for H.R 7455, see here.


As Vice Chair of the House Native American Caucus, Mullin cosponsored co-chair's Rep. David's bill titled Truth and Healing Commission Indian Boarding School Policies Act. This bill establishes a Truth and Healing Commission on Indian Boarding School Policies to investigate the boarding school era policies. It then would make recommendations on ways to protect unmarked graves, identify Tribal nations in which children were forcibly removed, and protect and shield Native families and children from separation. See National Indian Health Board's Resolution No. 22-01 here.

Other News and Events

NIHB Joins Amicus Brief In Support of Upholding ICWA In Supreme Court Case Haaland v. Brackeen


On August 19, 2022, the National Indian Health Board (NIHB) joined 497 Tribes and 62 Tribal and Tribal organizations to submit an amicus brief in support of upholding the Indian Child Welfare Act (ICWA) in the Supreme Court case Haaland v. Brackeen. This highlights Indian Country’s unity in protecting and defending Native children, their families, and Tribal sovereignty. NIHB is proud to join this brief in support of preserving and strengthening ICWA’s ability to protect our children.


This case has huge implications for our children and their families and can potentially impact the future of Tribal nations. If the protections of ICWA are dismantled, opponents could set legal precedent that has serious consequences for other issues like Tribal economic development and land rights. Oral argument for this case has been scheduled for Wednesday, November 9, 2022, and we are hopeful that this strong showing by Tribes and Tribal organizations will result in a positive outcome for Indian Country and our children.


Congress enacted ICWA in 1978 as an exercise of its well-established federal trust responsibility for Tribes and their members. Congress enacted ICWA to address a nationwide crisis: the wholesale removal of Indian children from their families by state and private child welfare agencies—often without due process—at rates far higher than those of non-Indian families. Removing children from their culture and communities can adversely impact health and mental health outcomes. 


Supporting ICWA means supporting Native children, youth, and families. ICWA ensures that children’s and families’ best interests are considered in making decisions over child placement, placing children with their extended families or community, when possible—which is regarded as the gold standard in child welfare practice. ICWA is not only constitutional but also upholds and respects Tribal sovereignty.


Click here to find a copy of the Tribal Amicus Brief

Learn more about Brackeen v. Haaland here. 


For questions, please contact NIHB Federal Relations Director, A.C. Locklear, J.D., at alocklear@nihb.org

Office of Management and Budget to Hold Tribal Consultation on FY 2024 President's Budget


The Office of Management and Budget (OMB) is holding a Tribal consultation on the input on the development of the President’s Fiscal Year (FY) 2024 Budget. The Tribal consultation announcement is located on the White House Tribal Consultation website.


OMB last held a Tribal consultation in May on the 2023 President’s Budget. OMB received great questions during the consultation. The OMB's responses can be viewed at OMB May Tribal Consultation Questions and Answers.  

 

Tribal leaders and their designees are invited to provide comments and feedback on the FY 2024 President’s Budget for programs and activities serving and benefitting Tribal governments, organizations, and communities. 

 

When registering for the teleconference, you will be asked to provide your name, email, title, Tribal leadership position, and Tribal affiliation. You will receive the call-in number and a unique participant code following registration. If possible, Tribal leaders are encouraged to call on the same phone line to allow maximum participation for all who want to attend. 

 

If registration is not possible, or if you are having difficulty registering, please email tribalconsultation@omb.eop.gov for alternate participation information.


Submit written comments to tribalconsultation@omb.eop.gov by October 14, 2022. 

 

OMB Tribal Consultation on FY24 President's Budget

September 12, 2022

2:00 PM – 4:00 PM ET

Registration Link here

National Tribal Health Conference and 50th Anniversary Celebration

THE POWER OF IDENTITY: A PATH TO TRIBAL HEALTH EQUITY


Join the National Indian Health Board (NIHB) as we take a look back at the history of NIHB and build our plans for the next 50 years. Together we will explore the topics of health equity, health policy, Tribal advances in health, and many more. The National Tribal Health Conference (NTHC) The event will be held in Washington, DC at the Hyatt Regency Capitol Hill from September 25-29, 2022. Learn more and register here.


National Indian Health Board | www.nihb.org | 202-507-4070
Congressional Relations Associate Ciara Johnson at cjohnson@nihb.org
Visit the NIHB COVID-19 Tribal Resource Center at www.nihb.org/covid-19
Media inquiries, contact Janee Andrews at JAndrews@nihb.org
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