Johnson-O'Malley Supplemental Indian Education Program Modernization Act

Floor Speech

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Mr. ESTES of Kansas. Mr. Speaker, I move to suspend the rules and pass the bill (S. 943) to direct the Secretary of the Interior to conduct an accurate comprehensive student count for the purposes of calculating formula allocations for programs under the Johnson-O'Malley Act, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: S. 943

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Mr. ESTES of Kansas. 943.

Mr. Speaker, I rise today in support of S. 943, the Johnson-O'Malley Supplemental Indian Education Program Modernization Act.

The Johnson-O'Malley Program was first established in 1934 to support the unique educational needs of American Indian students. Through the program, Native students have access to tutoring, Native language classes, cultural activities, afterschool programming, books and supplies, and other programs and items to support their educational pursuits.

For American Indian students, this program could be a lifeline. The Johnson-O'Malley Program has the ability to make the difference in a student's life, and it is essential that we take strides to make this program as efficient and effective as possible. As it turns out, there is much work to be done.

The Bureau of Indian Education contracts with Tribes, Tribal organizations, and sometimes States and public school districts to distribute program funds. The Johnson-O'Malley Act stipulates that funds be distributed to contractors based on the count of American Indian students and average per-pupil operating costs. The formula makes sense, except for the fact that the most recent student counts are from 1995.

After the 1995 freeze, the BIE ceased collecting student data and all information regarding Johnson-O'Malley projects and program outcomes. This has allowed contractors to collect funds based on data from over 20 years old. This kind of program mismanagement deprives students of educational opportunity in schools where student populations have grown and wastes taxpayer dollars in schools where student counts have declined.

Since fiscal year 2012, Congress has directed the BIE to count the actual number of students who are eligible for and participating in the Johnson-O'Malley Program and recommend a methodology to distribute funds in the future. Yet, to date, the BIE has not conducted an accurate student count.

S. 943 amends the Johnson-O'Malley Act to require the Department of the Interior to update its count of students who are served by the Johnson-O'Malley Program each year. The legislation strengthens program accountability and oversight by requiring program contractors to report the amounts and purposes for which funds are spent. This will provide sufficient information to conduct the necessary oversight of the program.

The bill also directs program facilitators to submit an annual program assessment report to Congress, and establishes a consultation process between the Secretary of the Interior and Tribal schools so that students may be better served.

We owe it to Native students to make this well-intentioned program as effective as it can be, and I urge my colleagues to support this legislation.

Mr. Speaker, as I mentioned, the last official count of eligible students was conducted in 1995, which determined that there were nearly 272,000 American Indian students who were qualified for the Johnson- O'Malley Program. However, in 2017, the Congressional Budget Office estimated that there were an additional 80,000 students who would qualify. Clearly, this bill is needed and overdue.

Currently, the program receives $14.9 million, annually, in funding. Modernization of this act will cost an estimated $13 million over the next 4 years. This is an important investment in the future of our country, and those students deserve our support.

This legislation improves and strengthens the Johnson-O'Malley Program, and I urge my colleagues to support S. 943.

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