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[Page: H4567] GPO's PDF---
REQUEST FOR MODIFICATION OFFERED BY MR. HORN TO THE AMENDMENT OFFERED BY MR. NETHERCUTT
Mr. HORN. Mr. Chairman, I ask unanimous consent for that language to be added, Mr. Chairman, out of order, out of rules, and out of everything else, to get this thing solved.
The CHAIRMAN. Is the gentleman from California suggesting an amendment to the Nethercutt amendment?
Mr. HORN. That is one way, and we could vote on it.
The CHAIRMAN. If that is the gentleman's desire, then the gentleman needs to have an amendment in writing to the Nethercutt amendment.
Mr. HORN. It is here if the Page is around.
The CHAIRMAN. The Chair understands that the unanimous consent request is a modification to the Nethercutt amendment.
The Clerk will report the proposed modification to the amendment.
The Clerk read as follows:
Modification of amendment offered by Mr. HORN:
At the end of the Nethercutt amendment add:
Any amendment which has been adopted by a majority vote in the House will be funded in conference.
The CHAIRMAN. Is there objection to the request of the gentleman from California?
PARLIAMENTARY INQUIRY
Mr. OBEY. Parliamentary inquiry, Mr. Chairman. Mr. Chairman, I just wanted the Clerk to re-read the amendment.
The CHAIRMAN. The Clerk will reread the amendment.
The Clerk reread the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from California?
Mr. KINGSTON. Mr. Chairman, is the gentleman from California (Mr. HORN) asking for unanimous consent, or is he amending the Nethercutt amendment?
The CHAIRMAN. At this point, the gentleman from California is asking unanimous consent.
Mr. KINGSTON. Reserving the right to object, Mr. Chairman, the concern I have is that there has been an insinuation that there was some victory on the floor, and that victory has been snatched.
There was a victorious battle, but there was not a victorious war. We can win one battle in legislative bodies and then lose it in the next moment. I do not think there should be apologies or handwringing about that.
If the Nethercutt amendment passes, then that is not the end of the road. I am not a big NEA supporter, but I am going to vote for the bill and I am going to get to the resolution in committee, in conference. That is the way life is in the legislature.
Mr. Chairman, I object.
The CHAIRMAN. Objection is heard.
PARLIAMENTARY INQUIRY
Mr. OBEY. Mr. Chairman, parliamentary inquiry.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. OBEY. Mr. Chairman, I am trying to understand the status of the suggestion that was just made by the gentleman from California. Is the gentleman asking unanimous consent to offer an amendment? Is he offering an amendment?
The CHAIRMAN. The Chair's understanding was that the gentleman from California asked unanimous consent to make an amendment to the pending Nethercutt amendment. There was objection heard to that request.
Mr. OBEY. I thank the Chair.
Mr. HORN. Mr. Chairman, I ask unanimous consent to strike the requisite number of words.
The CHAIRMAN. Is there objection to the request of the gentleman from California?
Mr. HAYWORTH. Mr. Chairman, I object.
Mr. HORN. Mr. Chairman, I would hope we would have a tradition of at least letting debate occur on a parliamentary matter.
Mr. KINGSTON. Mr. Chairman, I move to strike the requisite number of words.
Mr. Chairman, I yield to my friend, the gentleman from California (Mr. HORN). Although the objection came it my way, it did not come from my lips.
Mr. HORN. Mr. Chairman, I did not want something that will harm the Nethercutt amendment. That was put on at the desk. I simply want that language in the appropriations report at the end of where we have a lot of these things, and it seems to me that is then an instruction to the conferees, whether it be the amendment of the gentleman from Washington (Mr. NETHERCUTT) or whether it be the amendment of the gentlewoman from New York (Ms. SLAUGHTER), that as long as it had the majority of the House it would be funded in conference.
In other words, we are asking to waive a lot of things that are blocking decision-making in a rational way. We have had great passion tonight, and everybody is right as far as I am concerned on that, but we have the problem of getting into conference and solving this problem, because we do not have the money at this point.
We will have when it is in conference, so that is why I would like the unanimous consent to put that language in there. It does not affect the gentleman from Washington (Mr. NETHERCUTT) nor the gentlewoman from New York (Ms. SLAUGHTER). We assume both will have a majority.
Mr. KINGSTON. Reclaiming my time, Mr. Chairman, I would say to my friend, the gentleman from California, while I did object to the language, I did not object to the gentleman's right to speak and offer it. That is why I wanted to yield the gentleman time.
Frankly, from my standpoint, this is just what the legislative process is about. The Slaughter amendment was debated and passed. The money was laid on the table, as was the wording of the amendment. That also opens up a new avenue of danger, if you will, in terms of people coming up with ideas of how to spend that money.
I am going to support this. The gentleman can question my motives. I think people are not questioning it, they are probably already tired of my motives. If I was from New York City, I would support it. That is where 70 percent of the money goes.
But to me, Mr. Chairman, in the study of choice, it is not a good choice. I do not think the government needs to be in the NEA. We have billion dollars in a tax write-off for arts, we have millions of dollars in art purchasing, we spend millions on art education.
My dad is an artist. My daughter wants to be to be an artist. My wife is on a theater board. You can say I am against the arts because I do not support the NEA, but that is not true. I think it is a waste of money. I am satisfied to vote no against it. I voted against it in committee, I will vote against it in the conference committee.
It always gets bumped up in conference committee, it always survives. That is just the nature of it. We just have to roll with the punches. I am going to support the Nethercutt amendment.
That is only half the reason. I am also going to support it because of what he is doing. He has bumped up Indian health care services $150 million over the time that he has been chairman of this committee. That is very significant. This year we were only able to increase it $30 million, but this gives us an opportunity to put another $22 million in it. It is a sound proposal.
Mr. Chairman, I think children on Indian reservations who need health care are a higher priority than elitists who want to hang out at certain art functions. I am not saying they are all artists, but I would say if the people in the NEA are poor and starving as compared to those on the Indian reservations, I do not understand what the definition of the words are.
I sat in the committees, I heard the tribes, heard the testimonies. I feel very solidly that that is where the money should go.
ANNOUNCEMENT BY THE CHAIRMAN
The CHAIRMAN. The Chair would make this statement. The Chair cannot entertain a rules change order in the Committee of the Whole which is offered as a freestanding special order and not as an amendment to the pending bill.
Mr. DICKS. Mr. Chairman, I move to strike the requisite number of words.
Mr. Chairman, I have been asked by the leadership, the gentleman from Florida (Mr. YOUNG) who I have the highest regard for, and the gentleman from Ohio (Mr. REGULA), to bring this to a close and to have a vote on the amendment. I think we should do that.
I want to say that the gentlewoman from New York (Ms. SLAUGHTER) has not been treated well here tonight on this process. I think it is very unfair.
I will ask this. We are going to have a motion to recommit in which the gentlewoman's amendment will be the central piece. I am urging the 25 Republicans who had the courage today to vote with us on this amendment, to vote for the motion to recommit. That way we can accomplish what the gentleman from California wanted. We can fund the $22 million to help the Indians in this country who desperately need the help, and also fund the arts.
I think this is a fair compromise. I would like to see that, and I would hope that other Republicans would join with us tonight to make it more than just the 25 that joined us earlier today.
I ask for a vote on the Nethercutt amendment.
Ms. LEE. Mr. Chairman, I was sitting in my office watching this debate with a member of my staff who happens to be Native American. You cannot imagine how he feels listening to this debate on this amendment which once again sends a message to the Native American community that they really are not one of our nation's priorities. I rise to oppose this amendment because it is a slap in the face of American Indians.
My district has the largest concentration of American Indians. The 22 million dollars that is proposed for Native health care will never reach them. Not only do we under fund services for services on Indian Reservations, but we fund even less to urban Indian communities. Many of these urban Indians are forced to travel long distances for hours at a time just to access the most basic health care. Many of these services they are not able to access in the inner cities or urban areas because they cannot afford to. This is a disgrace. The amendment to direct $22 million for Indian Health Care does not even scratch the surface of the needs in Indian country.
If the Majority really wanted to do something positive for Native Americans, this budget would have taken more consideration and care to provide funding to address diabetes, to fund maternal health care, to ensure that substance abuse and mental health services are sufficiently funded to make a difference.
To think that we are going to support such measly funding when compared to the needs of Native Americans and then try for more next year? I say this! Next year, when we reconsider this funding, many Native Americans will have died from diabetes, alcoholism, heart disease and HIV/AIDS! They can't wait till next year.
Soon we will take under consideration the Ryan White Care Act. Did you know that funding for HIV/AIDS care in many cases never reaches Indian Country.
HIV/AIDS care, that is subsidized by the Federal Government is billed to Tribes! That's right. Indians are not able to access ADAP with out being billed. HRSA funded services are billed to IHS or to Tribal Health Care programs. This is an outrage.
We all know how expensive HIV/AIDS therapies are. Yet, when it comes to the tribes, we don't give them nearly enough for those services. Those services have to come out of the IHS general budget! A budget that is already, desperately underfunded!
Last week we moved out of this house a bill for National Missile defense system that many
[Page: H4569] GPO's PDF
Native Americans suffer disproportionately high rates of diabetes, substance abuse, unemployment, and in many cases have inadequate access to quality education. Why? Because we neglect to live up to treaties between the Government and Tribes throughout the country.
If we the Members of this House had the needs of Native Americans in mind, we would not have underfunded Native Americans by over $300 million. We would not pit Native American health care against the arts and humanities. The best thing to do at this moment is to withdraw this amendment and offer another amendment to fund Native American health care, and not at the expense of programs that will also suffer the outcomes of this budget.
The CHAIRMAN. The question is on the amendment offered by the gentleman from Washington (Mr. NETHERCUTT).
The question was taken; and the Chairman announced that the ayes appeared to have it.
Mr. HAYWORTH. Mr. Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present.
The CHAIRMAN. The Chair is counting for a quorum.
Mr. HAYWORTH. Mr. Chairman, I withdraw the point of order.
The CHAIRMAN. The demand for a recorded vote is withdrawn and the point of no quorum is withdrawn.
So, the amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
indian health facilities
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $336,423,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land for sites to construct, improve, or enlarge health or related facilities: Provided further, That notwithstanding any provision of law governing Federal construction, $240,000 of the funds provided herein shall be provided to the Hopi Tribe to reduce the debt incurred by the Tribe in providing staff quarters to meet the housing needs associated with the new Hopi Health Center: Provided further, That not to exceed $500,000 shall be used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That not to exceed $500,000 shall be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjunction with an existing interagency agreement between the Indian Health Service and the General Services Administration: Provided further, That not to exceed $500,000 shall be placed in a Demolition Fund, available until expended, to be used by the Indian Health Service for demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms or allowances therefore as authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 93-638, as amended: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title III of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title III of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That funds made available in this Act are to be apportioned to the Indian Health Service as appropriated in this Act, and accounted for in the appropriation structure set forth in this Act: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account which provided the funding, said amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance approval of the House and Senate Committees on Appropriations.
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