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Calendar No. 135
116th Congress } { Report
SENATE
1st Session } { 116-54
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TO ALLOW TRIBAL GRANT SCHOOLS TO PARTICIPATE IN THE FEDERAL EMPLOYEE
HEALTH BENEFITS PROGRAM
_______
July 9, 2019.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 279]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 279) to allow tribal grant schools to participate in
the Federal Employee Health Benefit program, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The bill is intended to improve the education of students
by allowing Bureau of Indian Education (BIE) tribal grant
school employees to be eligible for participation in the
Federal Employee Health Benefits (FEHB) and the Federal
Employees Group Life Insurance (FEGLI) programs.
BACKGROUND AND NEED FOR LEGISLATION
The BIE administers a school system that serves
approximately 47,000 elementary and secondary students
attending 183 schools and dormitories located in 23 states.\1\
The BIE directly operates 54 schools. Indian Tribes operate BIE
``contract'' schools through the Indian Self-Determination and
Education Assistance Act (ISDEAA)\2\ and BIE ``grant'' schools
through the Tribally Controlled Schools Act of 1988 (TCSA).\3\
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\1\The Bureau also supports post-secondary institutions in Indian
Country, including two federally-operated post-secondary schools.
\2\Pub. L. No. 93-638.
\3\Pub. L. No. 100-297.
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In 2010, Congress added section 409 to the Indian Health
Care Improvement Act (IHCIA). This new section authorizes
Tribes with ISDEAA contracts and urban Indian organizations
operating health programs under IHCIA Title IV to purchase FEHB
and FEGLI coverage for their employees. Tribes and urban Indian
organizations that participate in these two programs cover the
full cost of the employer share and, as a result, the Federal
government incurs no additional costs when eligible Tribal and
urban Indian employers opt into these programs.
However, IHCIA section 409 does not reference BIE grant
schools in the list of eligible FEHB and FEGLI participants. As
such, Tribally-operated BIE grant schools cannot equally access
the benefits extended to Tribes under IHCIA section 409. The
Department of the Interior's Office of the Solicitor and the
Office of Personnel Management confirmed that BIE grants are
ineligible to participate without a change to the statute in
2012.\4\ According to the National Indian Education
Association, the exclusion of BIE grant schools from IHCIA
section 409 creates ``inequity in healthcare access among
employees at tribal schools within the same community and
across the nation.''\5\
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\4\Legislative Hearing to receive testimony on S. 279, S. 790, & S.
832 Before the S. Comm. on Indian Affairs, 116th Cong. (2017)
(statement of John Tahsuda, Princ. Deputy Assistant Sec'y of Indian
Affairs, U.S. Dep't of the Interior).
\5\Letter from Robert Butterfield, President, Nat'l Indian
Education Association, to Sen.'s John Hoeven & Tom Udall, Chairman &
Vice Chairman, S. Comm. on Indian Affairs (Apr. 30, 2019) (on file with
S. Comm. on Indian Affairs).
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Currently, all federally-operated BIE schools and four [of
the five?] BIE contract schools participate in the FEHB and
FEGLI programs.\6\ According to Principal Deputy Assistant
Secretary of Indian Affairs John Tahsuda, access to these
programs results in budgetary and staffing benefits for these
schools. He testified, ``Participation in the FEHB Program
reduced costs associated with providing employee benefits as
well as aided organizations in their recruitment and retention
efforts.''\7\
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\6\Supra note 2.
\7\Id.
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Many BIE grant schools face challenges covering the cost of
benefits for their employees because they do not have access to
lower-cost options through the FEHB and FEGLI. The National
Congress of American Indians and the National Indian Health
Board both note many BIE grant schools must then utilize a
portion of their educational services funding to pay for health
and life insurance plans.\8\ In turn, this extra cost burden
reduces funding for other ISEP supported activities (e.g.,
textbooks, teacher's aides, and extracurricular programs).
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\8\Letter from Victoria Kitcheyan, Chairperson, Nat'l Indian Health
Board, to Sen. John Thune (Apr. 12, 2019) (on file with S. Comm. on
Indian Affairs).; Letter from Jefferson Keel, President, Nat'l Congress
of American Indians, to Sen.'s John Hoeven & Tom Udall, Chairman & Vice
Chairman, S. Comm. on Indian Affairs (Apr. 29, 2019) (on file with S.
Comm. on Indian Affairs).
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Cecelia Firethunder, President of the Oglala Lakota Nation
Education Coalition, testified in front of the Committee about
the impacts of this cost burden on the six BIE grant schools
located on the Pine Ridge Reservation.\9\ She noted, ``our
schools, however, struggle to cover the costs of high health
insurance premiums and deductibles . . . This, in turn,
directly and adversely affects the consistency and quality of
the educational services our students receive.'' She estimated
that access to FEHB would save one BIE grant school on the Pine
Ridge Reservation, the Little Wound School, $1,000,000 per
year.
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\9\Legislative Hearing to receive testimony on S. 279, S. 790, & S.
832 Before the S. Comm. on Indian Affairs, 116th Cong. (2017)
(statement of Cecilia Firethunder, President, Oglala Lakota Nation
Education Coalition).
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Because of the potential benefits of participation, the
National Congress of American Indians, National Indian Health
Board, National Indian Education Association, the All Pueblo
Council of Governors, the Great Plains Chairmen's Health Board,
United Tribes of North Dakota, Saint Stephens Indian School
Educational Association, the Santa Fe Indian School, and the
Standing Rock Sioux Tribe support extending FEHB and FEGLI
eligibility to BIE grant schools.
SUMMARY OF THE BILL
The bill, S. 279, amends IHCIA section 409 to make
tribally-operated BIE grant schools operating under the TCSA
eligible to participate in the FEHB and FEGLI programs.
LEGISLATIVE HISTORY
On January 30, 2019, Senators Thune and Rounds introduced
S. 279, the Tribal School Federal Insurance Parity Act.
Senators Udall, Heinrich, Barrasso, and Tester are cosponsors
of the bill. On May 1, 2019, the Committee on Indian Affairs
held a legislative hearing on S. 279. At this legislative
hearing, John Tahsuda III, Principal Deputy Assistant
Secretary--Indian Affairs, U.S. Department of the Interior, and
Cecelia Firethunder, President, Oglala Lakota Nation Education
Coalition, testified in support of the bill.
On May 15, 2019, the Committee on Indian Affairs of the
Senate met at a duly called business meeting to consider three
bills, including S. 279. No Committee Members filed amendments
to S. 279. The Committee passed all three bills, including S.
279, en bloc by voice vote and ordered the bills, without
amendment, reported favorably.
Congressman Dusty Johnson introduced a companion bill, H.R.
895, the Tribal School Federal Insurance Parity Act, on January
30, 2019. The House of Representatives referred the bill to the
Committees on Natural Resources, Oversight and Reform, and
Energy and Commerce, of the House of Representatives. On
February 15, 2019, H.R. 895, the Committee on Natural Resources
referred the bill to the Subcommittee on Indigenous Peoples of
the United States. Since receiving the referral, the
Subcommittee has taken no action on the bill.
During the 115th Congress, Senators Thune and Rounds
introduced S. 3030, the Tribal School Federal Insurance Parity
Act on June 7, 2018. The Senate referred the bill to the
Committee on Indian Affairs. Senators Udall, Heitkamp, and
Tester joined the bill as cosponsors on July 26th, August 2nd,
and September 5th of 2018, respectively. After receiving the
referral, the Committee took no action on the bill.
On June 7, 2018, Representative Noem introduced a companion
bill, H.R. 6030, the Tribal School Federal Insurance Parity Act
in the House of Representatives, which referred the bill to the
Committees on Natural Resources, Oversight and Government
Reform, and Energy and Commerce. On June 12, 2018, H.R. 6030,
the Committee on Natural Resources referred H.R. 6030 to the
Subcommittee on Indian, Insular and Alaska Native Affairs.
After receiving the referral, the Subcommittee took no action
on the bill.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 states S. 279 may be cited as the ``Tribal School
Federal Insurance Parity Act.''
Section. 2. Amendment to the Indian Health Care Improvement Act
Section 2 amends section 409 of the Indian Health Care
Improvement Act by inserting ``or the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.)'' after ``(25
U.S.C. 450 et seq.)''.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated May 28, 2019, was prepared
for S. 279:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 2019.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 279, the Tribal
School Federal Insurance Parity Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lori Housman.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Affordable Care Act, Public Law 111-148, allows certain
Indian tribes, tribal organizations, and urban Indian
organizations to purchase health insurance through the Federal
Employees Health Benefits (FEHB) program for their employees.
The Office of Personnel Management administers the program, but
the tribes or tribal organizations purchase the insurance for
their employees and must pay at least 70 percent of the
premium. The employees pay the rest.
S. 279 would allow tribal grant schools (as defined by the
Tribally Controlled Schools Act of 1988) to participate in that
arrangement. Because the schools would be paying the employer
share of the premiums for FEHB health insurance for their
employees, enacting the bill would not affect the federal
budget.
The CBO staff contact for this estimate is Lori Housman.
The estimate was reviewed by Leo Lex, Deputy Assistant Director
for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 279 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 279.
CHANGES IN EXISTING LAW
On February 6, 2019, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.
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