Emergency appropriations bill extended to fund gov’t operations

With forty-eight days passed since the Osage Nation’s 2010 fiscal year started without a finalized government operations budget, the Osage Nation Congress voted Tuesday to continue funding Executive Branch operations – with spending restrictions – by extending the life of an emergency appropriations bill while the budget-setting process continues.

Congressional members voted 8-4 in passing ONCA 10-16, sponsored by Faren Revard Anderson, which amends an earlier emergency appropriations bill she sponsored, allowing governmental operations to continue with a one-twelfth spending restriction on each line item listed in the Nation’s FY 2009 budget until April 15, 2010 or if a 2010 budget is set before then. This bill exempts employee Christmas bonuses, payroll salaries and wages and several education-related expenses including higher education scholarships from the one-twelfth spending restriction.

Several congressional members have described the emergency appropriations bill as a “Band-Aid” and “temporary fix” to keep funding the government while congressional and Executive Branch officials work toward an agreement on the 2010 budget. But some officials from both government branches are concerned the one-twelfth spending restriction will still hurt the Nation’s operations if certain programs and projects are hampered because they cost more than the restricted monthly spending amount.

“I know there are people out there today who do not like (ONCA 10-16 and three similar emergency appropriation bills considered), but at some point we have to come together to identify that at the end of the month, if we do not pass something then the departments do not have a budget,” Anderson said during Tuesday’s session.

Congressman Raymond Red Corn sponsored ONCA 10-14 which is also an emergency appropriations bill without the one-twelfth restriction on spending. He withdrew the bill Tuesday after Anderson proposed amendments to his bill so it would mirror hers which was later passed in the session.

“It guts the entire purpose of the bill,” Red Corn said objecting to Anderson’s amendments to his bill which included the one-twelfth spending restriction. “I believe that all programs that benefit Osages throughout the Osage Nation should be allowed to function normally while Congress and the Executive Branch work out their budgetary differences.”

Congress members Mark Simms, Doug Revard, William “Kugee” Supernaw and Anderson all gave testimonies during the session in favor of an emergency appropriations bill with restricted spending saying that the temporary fix was only because Chief Gray would not work with them to lower the budget amounts in his budget and the Executive Branch budgets.

“My thinking is of course we’re just trying to put a Band-Aid on the situation and that we’ve been trying to work out between the executive and legislature (branches) for going on three to four months now,” Revard said. “If we do not put this amendment in here, then there is no incentive whatsoever for the executive (branch) to continue to work to find an answer to this situation and narrow the budget,” he said of the one-twelfth spending restriction.

In addition to the employee Christmas bonuses and wages and salaries, ONCA 10-16 exempts the following education-related expenses from the one-twelfth spending restriction: higher education scholarships; tuition, fees, and room and board; adult training tuition fees; Summer Youth Employment Program”; Summer Youth Intern Program; and Grade Incentive/ Chief Leadership Awards.

Congressional members approved Anderson’s ONCA 10-16 on the last day of its second consecutive Special Session held in an effort to set the FY 2010 budget, which was not completed during the Tzi-Zho Session. Voting against Anderson’s bill were Red Corn, Congresswomen Shannon Edwards and Debbie Atterberry and Congressman Mark Freeman.

Chief Gray trims Executive Branch budgets

In a Nov. 16 letter to Congress Speaker Archie Mason, Gray said he has instructed all Executive Branch directors “to thoroughly examine their department’s budgets and make cuts where possible with the caveat that cuts should not be made which result in diminished services to our people.” Gray also made assurances that no employee positions or salaries under his branch be cut.

“I believe strongly that our employees must be protected against any unjust or unwarranted cuts… I remain more than willing to meet with members of Congress to discuss this matter and my actions as principal chief in detail and am committed to seeking a reasonable resolution to the current impasse.”

Health benefit card program not affected by ONCA 10-11, Congress auditor says

One forthcoming program that will not be impacted by this amended emergency appropriations bill is the Nation’s health benefit card program – which is not part of the government operations funding, said Kelly Corbin, senior internal auditor for the Congressional Office of Fiscal and Performance Review. The program is slated to begin in January.

Congress passed the $5.1 million health benefit plan during the 2008 Tzi-Zho session. Those who apply will receive a coded debit card that allows payment for all items that the Internal Revenue Service considers tax-deductible medical expenses.

The $5.1 million reserved for the program has been placed into a special-use revolving fund in which “the money is reserved for that specific use and the balance is carried over from year to year until it is supplemented by more funds,” Corbin said. With this type of fund, it can be replenished with more money “to meet the needs of more people” when needed, he said.

Mutual Assurance Administrators, Inc. of Oklahoma City has been selected as the third-party administrator for the health benefit plan. The company will be responsible for handling the claims from medical vendors.

Red Corn identifies operations which could be affected by ONCA 10-16

In his Nov. 14 “Update” electronic newsletter, Red Corn listed some operations and projects which would be affected by a one-twelfth spending restriction.

“Any construction contracts, such as those improving Senior Housing, will be put on hold unless the contract equals one-twelfth of the line item for that improvement,” Red Corn wrote. In the proposed 2010 budget, the housing department is requesting a total of $87,500 to replace carpeting and tubs/showers in the Senior Housing units.

The Health and Social Services committee wants to match last year’s $200,000 appropriation to pay the backlog of health claims from the FY 2009 pilot program, Red Corn wrote. With a one-twelfth spending restriction, that means payments will be made at a rate of $16,600 per month or about two applications per work day.

Red Corn also questioned the effectiveness of the majority in Congress and its Speaker, Archie Mason.

“The Osage Nation Congress has complete control over the unfinished budgets,” wrote Red Corn in the Nov. 14 update. “The majority’s spokespersons claim there is $6.1 million in identified “fluff”, yet none of the majority that hold committee chairmanships (Anderson, Appropriations; Revard, Education; Branstetter, Government Operations; Anderson, Cultural; Simms, Commerce) have called meetings to propose reductions.”