2015 US Code
Title 7 - Agriculture (Sections 1 - 9097)
Chapter 64 - Agricultural Research, Extension, and Teaching (Sections 3101 - 3371)
Subchapter VII - Programs for Hispanic, Alaska Native, and Native Hawaiian Serving Institutions (Sections 3241 - 3243)
Sec. 3243 - Hispanic-serving agricultural colleges and universities
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 64 - AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING SUBCHAPTER VII - PROGRAMS FOR HISPANIC, ALASKA NATIVE, AND NATIVE HAWAIIAN SERVING INSTITUTIONS Sec. 3243 - Hispanic-serving agricultural colleges and universities |
Contains | section 3243 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 95-113, title XIV, §1456, as added Pub. L. 110-234, title VII, §7129(a), May 22, 2008, 122 Stat. 1224, and Pub. L. 110-246, §4(a), title VII, §7129(a), June 18, 2008, 122 Stat. 1664, 1985; amended Pub. L. 113-79, title VII, §7116, Feb. 7, 2014, 128 Stat. 875. |
Statutes at Large References | 26 Stat. 417 122 Stat. 1224, 1664 128 Stat. 875 |
Public and Private Laws | Public Law 95-113, Public Law 110-234, Public Law 110-246, Public Law 113-79 |
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In this section, the term "endowment fund" means the Hispanic-Serving Agricultural Colleges and Universities Fund established under subsection (b).
(b) Endowment(1) In generalThe Secretary of the Treasury shall establish in accordance with this subsection a Hispanic-Serving Agricultural Colleges and Universities Fund.
(2) AgreementsThe Secretary of the Treasury may enter into such agreements as are necessary to carry out this subsection.
(3) Deposit to the endowment fundThe Secretary of the Treasury shall deposit in the endowment fund any—
(A) amounts made available through Acts of appropriations, which shall be the endowment fund corpus; and
(B) interest earned on the endowment fund corpus.
(4) InvestmentsThe Secretary of the Treasury shall invest the endowment fund corpus and income in interest-bearing obligations of the United States.
(5) Withdrawals and expenditures(A) CorpusThe Secretary of the Treasury may not make a withdrawal or expenditure from the endowment fund corpus.
(B) WithdrawalsOn September 30, 2008, and each September 30 thereafter, the Secretary of the Treasury shall withdraw the amount of the income from the endowment fund for the fiscal year and warrant the funds to the Secretary of Agriculture who, after making adjustments for the cost of administering the endowment fund, shall distribute the adjusted income as follows:
(i) 60 percent shall be distributed among the Hispanic-serving agricultural colleges and universities on a pro rata basis based on the Hispanic enrollment count of each institution.
(ii) 40 percent shall be distributed in equal shares to the Hispanic-serving agricultural colleges and universities.
(6) EndowmentsAmounts made available under this subsection shall be held and considered to be granted to Hispanic-serving agricultural colleges and universities to establish an endowment in accordance with this subsection.
(7) Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.
(c) Authorization for annual payments(1) In generalFor fiscal year 2008 and each fiscal year thereafter, there are authorized to be appropriated to the Department of Agriculture to carry out this subsection an amount equal to the product obtained by multiplying—
(A) $80,000; by
(B) the number of Hispanic-serving agricultural colleges and universities.
(2) PaymentsFor fiscal year 2008 and each fiscal year thereafter, the Secretary of the Treasury shall pay to the treasurer of each Hispanic-serving agricultural college and university an amount equal to—
(A) the total amount made available by appropriations under paragraph (1); divided by
(B) the number of Hispanic-serving agricultural colleges and universities.
(3) Use of funds(A) In generalAmounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (commonly known as the "Second Morrill Act") (7 U.S.C. 321 et seq.).
(B) Relationship to other lawExcept as otherwise provided in this subsection, the requirements of that Act shall apply to Hispanic-serving agricultural colleges and universities under this section.
(d) Institutional capacity-building grants(1) In generalFor fiscal year 2008 and each fiscal year thereafter, the Secretary shall make grants to assist Hispanic-serving agricultural colleges and universities in institutional capacity building (not including alteration, repair, renovation, or construction of buildings).
(2) Criteria for institutional capacity-building grants(A) Requirements for grantsThe Secretary shall make grants under this subsection on the basis of a competitive application process under which Hispanic-serving agricultural colleges and universities may submit applications to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(B) Demonstration of need(i) In generalAs part of an application for a grant under this subsection, the Secretary shall require the applicant to demonstrate need for the grant, as determined by the Secretary.
(ii) Other sources of fundingThe Secretary may award a grant under this subsection only to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding.
(C) Payment of non-Federal shareA grant awarded under this subsection shall be made only if the recipient of the grant pays a non-Federal share in an amount that is specified by the Secretary and based on assessed institutional needs.
(3) Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.
(e) Competitive grants program(1) In generalThe Secretary shall establish a competitive grants program—
(A) to fund fundamental and applied research and extension at Hispanic-serving agricultural colleges and universities in agriculture, human nutrition, food science, bioenergy, and environmental science; and
(B) to award competitive grants to Hispanic-serving agricultural colleges and universities to provide for training in the food and agricultural sciences of Hispanic agricultural workers and Hispanic youth working in the food and agricultural sciences.
(2) Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.
(Pub. L. 95–113, title XIV, §1456, as added Pub. L. 110–234, title VII, §7129(a), May 22, 2008, 122 Stat. 1224, and Pub. L. 110–246, §4(a), title VII, §7129(a), June 18, 2008, 122 Stat. 1664, 1985; amended Pub. L. 113–79, title VII, §7116, Feb. 7, 2014, 128 Stat. 875.)
REFERENCES IN TEXTAct of August 30, 1890 and that Act, referred to in subsec. (c)(3), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.
CODIFICATIONPub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
PRIOR PROVISIONSFor prior section 1456 of Pub. L. 95–113, see note set out preceding section 3241.
AMENDMENTS2014—Subsec. (e)(1). Pub. L. 113–79 amended par. (1) generally. Prior to amendment, text read as follows: "The Secretary shall establish a competitive grants program to fund fundamental and applied research at Hispanic-serving agricultural colleges and universities in agriculture, human nutrition, food science, bioenergy, and environmental science."
EFFECTIVE DATEEnactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
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