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‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this subpart—
‘‘(A) with respect to which the Secretary
has jurisdiction; and
‘‘(B)(i) that includes Indian children or
adults as participants; or
‘‘(ii) that may benefit Indian children or
adults;
‘‘(2) make recommendations to the Secretary
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and
‘‘(3) submit to the Congress, not later than
June 30 of each year, a report on the activities of
the Council, including—
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
‘‘(B) 
recommendations 
concerning 
the
funding of any program described in subpara-
graph (A).
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‘‘SEC. 3242. PEER REVIEW.
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under chap-
ter 2 or 3.
‘‘SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under chapter 2 or 3, the Sec-
retary shall give a preference to Indian tribes, organiza-
tions, and institutions of higher education under any pro-
gram with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants.
‘‘SEC. 3244. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for
a grant under subpart 2 unless the application is for a
grant that is—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant; and
‘‘(2) based on relevant research findings.
‘‘CHAPTER 5—DEFINITIONS;
AUTHORIZATIONS OF APPROPRIATIONS
‘‘SEC. 3251. DEFINITIONS.
‘‘For the purposes of this subpart:
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who—
‘‘(A) has attained the age of 16 years; or
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‘‘(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
‘‘(2) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is—
‘‘(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(3) INDIAN.—The term ‘Indian’ means an in-
dividual who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) any tribe or band terminated
since 1940; and
‘‘(ii) any tribe or band recognized by
the State in which the tribe or band re-
sides;
‘‘(B) a descendant, in the first or second
degree, of an individual described in subpara-
graph (A);
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‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska
Native; or
‘‘(E) a member of an organized Indian
group that received a grant under the Indian
Education Act of 1988 as it was in effect the
day preceding the date of the enactment of the
Improving America’s Schools Act of 1994.
‘‘SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) CHAPTER 1.—For the purpose of carrying out
chapter 1 of this subpart, there are authorized to be ap-
propriated $100,000,000 for fiscal year 2002, and such
sums as may be necessary for each of fiscal years 2003
through 2006.
‘‘(b) CHAPTERS 2 AND 3.—For the purpose of car-
rying out chapters 2 and 3 of this subpart, there are au-
thorized to be appropriated $25,000,000 for fiscal year
2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.’’.
(b) SAVINGS PROVISION.—Funds appropriated for
part A of title IX of the Elementary and Secondary Edu-
cation Act of 1965 (as in effect on the day before the date
of the enactment of this Act) shall be available for use
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under subpart 1 of part B of title III of such Act, as added
by this section.
SEC. 312. ALASKA NATIVE EDUCATION.
(a) IN GENERAL.—Part B of title III (as added by
section 311 of this Act) is further amended by adding at
the end the following new subpart:
‘‘Subpart 2—Alaska Native Education
‘‘SEC. 3301. SHORT TITLE.
‘‘This subpart may be cited as the ‘Alaska Native
Educational Equity, Support, and Assistance Act’.
‘‘SEC. 3302. FINDINGS.
‘‘The Congress finds and declares:
‘‘(1) The attainment of educational success is
critical to the betterment of the conditions, long-
term well-being and preservation of the culture of
Alaska Natives.
‘‘(2) It is the policy of the Federal Government
to encourage the maximum participation by Alaska
Natives in the planning and the management of
Alaska Native education programs.
‘‘(3) Alaska Native children enter and exit
school with serious educational handicaps.
‘‘(4) The educational achievement of Alaska
Native children is far below national norms. In addi-
tion to low Native performance on standardized