[Congressional Record Volume 150, Number 120 (Wednesday, September 29, 2004)]
[Senate]
[Page S9993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           REAUTHORIZING NATIVE AMERICAN PROGRAMS ACT OF 1974

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 634, S. 2436.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2436) to reauthorize the Native American 
     Programs Act of 1974.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Indian Affairs with 
amendments, as follows:

  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                S. 2436

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NATIVE AMERICAN PROGRAMS ACT OF 1974.

       (a) Intra-Departmental Council on Native American 
     Affairs.--Section 803B(d)(1) of the Native American Programs 
     Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended by striking 
     ``There'' and all that follows and inserting the following: 
     ``There is established in the Office of the Secretary the 
     Intra-Departmental Council on Native American Affairs. The 
     Commissioner and the Director of the Indian Health Service 
     shall serve as co-chairpersons of the Council. The co-
     chairpersons shall advise the Secretary on all matters 
     affecting Native Americans that involve the Department.''.
       [(a) In General.--] (b) Authorization of Appropriations.--
     Section 816 of the Native American Programs Act of 1974 (42 
     U.S.C. 2992d) is amended--
       (1) by striking subsections (a) through (c) and inserting 
     the following:
       ``(a) In General.--There are authorized to be 
     appropriated--
       ``(1) to carry out section 803(d), $8,000,000 for each of 
     fiscal years 2005 through 2009; and
       ``(2) to carry out provisions of this title other than 
     section 803(d) and any other provision having an express 
     authorization of appropriations, such sums as are necessary 
     for each of fiscal years 2005 through 2009.
       ``(b) Limitation.--Not less than 90 percent of the funds 
     made available to carry out this title for a fiscal year 
     (other than funds made available to carry out sections 
     803(d), 803A, 803C, and 804, and any other provision of this 
     title having an express authorization of appropriations) 
     shall be expended to carry out section 803(a).'';
       (2) by redesignating subsection (d) as subsection (c); and
       (3) by striking subsection (e).
       [(b)] (c) Reports.--Section 811A of the Native American 
     Programs Act of 1974 (42 U.S.C. 2992-1) is amended--
       (1) by striking the section heading and all that follows 
     through ``each year,'' and inserting the following:

     ``SEC. 811A. REPORTS.

       ``Every 5 years, the Secretary shall''; and
       (2) by striking ``an annual report'' and inserting ``a 
     report''.

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the 
committee-reported amendments be considered and agreed to. I understand 
Senator Inouye has an amendment at the desk, and I ask unanimous 
consent that the amendment be considered and agreed to; the bill, as 
amended, be read the third time and passed, the motion to reconsider be 
laid upon the table without intervening action or debate, and any 
statements relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 3783) was agreed to, as follows:

(Purpose: To authorize research and educational activities relating to 
                          Native Hawaiian law)

       At the end, add the following:

     SEC. 2. RESEARCH AND EDUCATIONAL ACTIVITIES.

       Section 7205(a)(3) of the Native Hawaiian Education Act (20 
     U.S.C. 7515(a)(3)) is amended--
       (1) by redesignating subparagraphs (K) and (L) as 
     subparagraphs (L) and (M), respectively; and
       (2) by inserting after subparagraph (J) the following:
       ``(K) research and educational activities relating to 
     Native Hawaiian law;''.

  The bill (S. 2436), as amended, was read the third time and passed, 
as follows:

                                S. 2436

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NATIVE AMERICAN PROGRAMS ACT OF 1974.

       (a) Intra-Departmental Council on Native American 
     Affairs.--Section 803B(d)(1) of the Native American Programs 
     Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended by striking 
     ``There'' and all that follows and inserting the following: 
     ``There is established in the Office of the Secretary the 
     Intra-Departmental Council on Native American Affairs. The 
     Commissioner and the Director of the Indian Health Service 
     shall serve as co-chairpersons of the Council. The co-
     chairpersons shall advise the Secretary on all matters 
     affecting Native Americans that involve the Department.''.
       (b) Authorization of Appropriations.--Section 816 of the 
     Native American Programs Act of 1974 (42 U.S.C. 2992d) is 
     amended--
       (1) by striking subsections (a) through (c) and inserting 
     the following:
       ``(a) In General.--There are authorized to be 
     appropriated--
       ``(1) to carry out section 803(d), $8,000,000 for each of 
     fiscal years 2005 through 2009; and
       ``(2) to carry out provisions of this title other than 
     section 803(d) and any other provision having an express 
     authorization of appropriations, such sums as are necessary 
     for each of fiscal years 2005 through 2009.
       ``(b) Limitation.--Not less than 90 percent of the funds 
     made available to carry out this title for a fiscal year 
     (other than funds made available to carry out sections 
     803(d), 803A, 803C, and 804, and any other provision of this 
     title having an express authorization of appropriations) 
     shall be expended to carry out section 803(a).'';
       (2) by redesignating subsection (d) as subsection (c); and
       (3) by striking subsection (e).
       (c) Reports.--Section 811A of the Native American Programs 
     Act of 1974 (42 U.S.C. 2992-1) is amended--
       (1) by striking the section heading and all that follows 
     through ``each year,'' and inserting the following:

     ``SEC. 811A. REPORTS.

       ``Every 5 years, the Secretary shall''; and
       (2) by striking ``an annual report'' and inserting ``a 
     report''.

     SEC. 2. RESEARCH AND EDUCATIONAL ACTIVITIES.

       Section 7205(a)(3) of the Native Hawaiian Education Act (20 
     U.S.C. 7515(a)(3)) is amended--
       (1) by redesignating subparagraphs (K) and (L) as 
     subparagraphs (L) and (M), respectively; and
       (2) by inserting after subparagraph (J) the following:
       ``(K) research and educational activities relating to 
     Native Hawaiian law;''.

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