PUBLIC LAW 103-382—(XT. 20, 1994 108 STAT. 3793 "(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and "(3) submit to the Congress, not later than June 30 of Reports, each year, a report on the activities of the Council, including— "(A) any recommendations that the Council 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 subparagraph (A). •*SEC. 9152. PEER REVIEW. 20 USC 7872. 'The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2, 3, or 4. "SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS. 20 USC 7873. "In making grants under subpart 2, 3, or 4, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants. "SEC. 9154. MINIMUM GRANT CRITERIA. 20 USC 7874. "The Secretary may not approve an application for a grant under subpart 2 or 3 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. ^'Subpart 6—Definitions; Authorizations of Appropriations "SEC. 9161. DEFINITIONS. 20 USC 7881. "As used in this part: "(1) ADULT. —The term 'adult' means an individual who— "(A) has attained the age of 16 years; or "(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. "(2) ADULT EDUCATION.—The term 'adult education' has the meaning given such term in section 312(2) of the Adult Education Act. "(3) 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. "(4) INDIAN. — The term 'Indian' means an individual 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 resides;
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