20 U.S.C. § 7491 — Definitions

Page 1559 TITLE 20—EDUCATION § 7492 the application is for a grant, contract, or coop- erative agreement that is— (1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and (2) based on relevant research findings. (Pub. L. 89–10, title VI, § 6144, formerly title VII, § 7144, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6144, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046.) Editorial Notes PRIOR PROVISIONS A prior section 7474, Pub. L. 89–10, title VII, § 7144, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3733, related to bilingual education career ladder pro- gram, prior to the general amendment of former sub- chapter VII of this chapter by Pub. L. 107–110. A prior section 6144 of Pub. L. 89–10 was classified to section 7315c of this title, prior to repeal by Pub. L. 114–95. Prior sections 7475 to 7480 were omitted in the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Section 7475, Pub. L. 89–10, title VII, § 7145, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3734, related to graduate fellowships in bilingual education program. Section 7476, Pub. L. 89–10, title VII, § 7146, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3735, related to application for professional development award. Section 7477, Pub. L. 89–10, title VII, § 7147, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, set forth program requirements. Section 7478, Pub. L. 89–10, title VII, § 7148, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, authorized payment of stipends to persons partici- pating in programs. Section 7479, Pub. L. 89–10, title VII, § 7149, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, related to program evaluations. Section 7480, Pub. L. 89–10, title VII, § 7150, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, related to use of funds for second language competence. SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS § 7491. Definitions For the purposes of 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 attend- ance under an applicable State law. (2) Free public education The term ‘‘free public education’’ means education that is— (A) provided at public expense, under pub- lic supervision and direction, and without tuition charge; and (B) provided as elementary or secondary education in the applicable State or to pre- school children. (3) 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; (B) a descendant, in the first or second de- gree, of an individual described in subpara- graph (A); (C) considered by the Secretary of the In- terior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Na- tive; or (E) a member of an organized Indian group that received a grant under the Indian Edu- cation Act of 1988 as in effect the day pre- ceding October 20, 1994. (4) Traditional leaders The term ‘‘traditional leaders’’ has the meaning given the term in section 2902 of title 25. (Pub. L. 89–10, title VI, § 6151, formerly title VII, § 7151, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6151, and amended Pub. L. 114–95, title VI, § 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.) Editorial Notes REFERENCES IN TEXT The Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 395, which was classified principally to chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to re- peal by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976. PRIOR PROVISIONS A prior section 7491, Pub. L. 89–10, title VII, § 7161, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, set forth special rule relating to transition, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6151 of Pub. L. 89–10 was classified to section 7321 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Par. (4). Pub. L. 114–95, § 6002(s), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7492. Authorizations of appropriations (a) Subpart 1 For the purpose of carrying out subpart 1 of this part, there are authorized to be appro- priated $100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal year 2020. (b) Subpart 2 For the purpose of carrying out subpart 2 of this part, there are authorized to be appro-