the fund to be received under this act between one college for white students and one institution for colored students established as aforesaid which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of this act and subject to its provisions, as much as it would have been if it had been included under the act of eighteen hundred and sixty-two, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students.

SEC. 2. That the sums hereby appropriated to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the thirty-first day of October of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of Education, out of the Treasury of the United States, to the State or Territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored students, immediately pay over said sums to the treasurers of the respective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agriculture and to the Secretary of Education, on or before the first day of December of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purpose of said grants: Provided, That payments of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, duly certified to the Secretary of the Treasury.

SEC. 3.5 That if any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in this act, shall by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report. by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Secretary of Education, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, the number of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their cost and results, and such other industrial and economical statistics as may be regarded as useful, one

47 U.S.C. 324. The proviso at the end of section 2 is omitted from U.S.C. For authority for insertion of "Secretary of Education", see note 3. The Act of April 21, 1976, Public Law 94-273, section 9(1), 90 Stat. 378, substituted the words "October" and "December" for the words "July" and "September".

57 U.S.C. 325. For authority for insertion of "Secretary of Education", see note 3.

copy of which shall be transmitted by mail free to all other colleges further endowed under this act.

SEC. 4. That on or before the first day of October in each year, after the passage of this act, the Secretary of Education shall ascertain and certify to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under this act, and the amount which thereupon each is entitled, respectively, to receive. If the Secretary of Education shall withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of Education. If the next Congress shall not direct such sum to be paid it shall be covered into the I reasury. And the Secretary of Health, Education, and Welfare is hereby charged with the proper administration of this law."

SEC. 5. There is authorized to be appropriated annually for payment to the Virgin Islands and Guam the amount they would receive under this Act if they were States. Sums appropriated under this section shall be treated in the same manner and be subject to the same provisions of law, as would be the case if they had been appropriated by the first sentence of this Act.

SEC. 6.9 Congress may at any time amend, suspend, or repeal any or all of the provisions of this act.

$7 U.S.C. 326. The Act of April 21, 1976, Public Law 94-273, sec. 3(1), 90 Stat. 376, deleted “July" and inserted "October". For authority for insertion of "Secretary of Education", see note 3.

17 U.S.C. 321. For authority for insertion of "Secretary of Education", see note 3. $7 U.S.C. 326a. Added by the Act of June 23, 1972, Public Law 92-318, sec. 506 (e), 86 Stat. 350. Original sec 5 of the Act of August 30, 1890, with respect to annual reports by the Secretary of the Interior was repealed by the Act of May 29, 1928, sec. 74, 45 Stat. 99.

$7 U.S.C. 328.

ADDITIONAL APPROPRIATIONS FOR AGRICULTURAL COLLEGES

Act of March 4, 1907, ch. 2907, 34 Stat. 1281 and 1282

Chap. 2907.-AN ACT Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and eight, for the purposes and objects hereinafter expressed, namely:

That there shall be, and hereby is, annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as hereinafter provided, to each State and Territory for the more complete endowment and maintenance of agricultural colleges now established, or which may hereafter be established, in accordance with the Act of Congress approved July second, eighteen hundred and sixty-two, and the Act of Congress approved August thirtieth, eighteen hundred and ninety, the sum of five thousand dollars, in addition to the sums named in the said Act, for the fiscal year ending June thirtieth, nineteen hundred and eight, and an annual increase of the amount of such appropriation thereafter for four years by an additional sum of five thousand dollars over the preceding year, and the annual sum to be paid thereafter to each State and Territory, shall be fifty thousand dollars, to be applied only for the purposes of the agricultural colleges as defined and limited in the Act of Congress approved July second, eighteen hundred and sixty-two, and the Act of Congress approved August thirtieth, eighteen hundred and ninety.

That the sum hereby appropriated to the States and Territories for the further endowment and support of the colleges shall be paid by, to, and in the manner prescribed by the Act of Congress approved August thirtieth, eighteen hundred and ninety, entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of the Act of Congress approved July second, eighteen hundred and sixtytwo," and the expenditure of the said money shall be governed in all respects by the provisions of the said Act of Congress approved July second, eighteen hundred and sixty-two, and the said Act of Congress approved August thirtieth, eighteen hundred and ninety: Provided, That said colleges may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts.1

17 U.S.C. 322. A provision of the Act of March 4, 1907, which required the Secretary of Agriculture to submit to the Congress classified and detailed estimates and reports of every subject of expenditure by the Department of Agriculture was repealed by the Act of March 4, 1911, 36 Stat. 1264. The appropriation contained in this section was further supplemented by section 22 of the Bankhead-Jones Act, see page 17, 49 Stat. 436, 7 U.S.C. 329.

BANKHEAD-JONES ACT OF 1935

Act of June 29, 1935, ch. 338, 49 Stat. 436, 7 U.S.C. 427 et seq.

TITLE II

(Title I is set forth at p. 5.)

*

2

*

SEC. 22.1 In order to provide for the more complete endowment and support of the colleges in the several States, Puerto Rico, the Virgin Islands, and Guam entitled to the benefits of Act entitled "An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as amended and supplemented (7 U.S.C. 301– 328), there are hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, the following

amounts: 3

(a) For the first fiscal year beginning after the date of enactment of this Act and for each fiscal year thereafter, $8,100,000; and

(b) For the first fiscal year beginning after the date of enactment of this Act and for each fiscal year thereafter, $4,360,000. The sums appropriated in pursuance of paragraph (a) shall be paid annually to the several States, Puerto Rico, the Virgin Islands, and Guam in equal shares. The sums appropriated in pursuance of paragraph (b) shall be in addition to sums appropriated in pursuance of paragraph (a) and shall be allotted and paid annually to each of the several States, Puerto Rico, the Virgin Islands, and Guam in the proportion to which the total population of each State, Puerto Rico, the Virgin Islands, and Guam bears to the total population of all the States, Puerto Rico, the Virgin Islands, and Guam as determined by the last preceding decennial census. Sums appropriated in pursuance of this section shall be in addition to sums appropriated or authorized under such Act of July 2, 1862, as amended and supplemented and shall be applied only for the purposes of the colleges defined in such Act, as amended and supplemented. The provisions of law applicable to the use and payment of sums under the Act entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an Act of Congress approved July 2, 1862," approved August 30, 1890, as amended and supplemented, shall apply to the use and payment of sums appropriated in pursuance of this section.

SEC. 23. (Repealed)

17 U.S.C. 329. Amended in its entirety by the Act of July 14, 1960, Public Law 86-658, 74 Stat. 525.

* References to the Virgin Islands and Guam were added by the Act of June 23, 1972, Public Law 92-318, section 506(d) (1), 86 Stat. 350.

Annual appropriation authorizations in their present amounts were provided by the Act of June 23, 1972, Public Law 92-318, 86 Stat. 350.

47 U.S.C. 343d. Repealed by the Act of June 26, 1953, ch. 157, section 2, 67 Stat. 86.

1

HATCH ACT

Act of March 2, 1887; 1 ch. 314, 24 Stat. 440, 7 U.S.C. 361a et seq. Chap. 314. AN ACT To establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto

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

SECTION 1.2 It is the policy of Congress to continue the agricultural research at State agricultural experiment stations which has been encouraged and supported by the Hatch Act of 1887, the Adams Act of 1906, the Purnell Act of 1925, the Bankhead-Jones Act of 1935, and title I, section 9, of that Act as added by the Act of August 14, 1946, and Acts amendatory and supplementary thereto, and to promote the efficiency of such research by a codification and simplification of such laws. As used in this Act, the terms "State" or "States" are defined to include the several States, including the District of Columbia, Alaska, Hawaii, Puerto Rico, Guam and the Virgin Islands. As used in this Act, the term "State agricultural experiment station" means a department which shall have been established, under direction of the college or university or agricultural departments of the college or university in each State in accordance with an Act approved July 2, 1862 (12 Stat. 503), entitled "An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts"; or such other substantially equivalent arrangements as any State shall determine.

5

SEC. 2. It is further the policy of the Congress to promote the efficient production, marketing, distribution, and utilization of products of the farm as essential to the health and welfare of our peoples and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum employment and national prosperity and security. It is also the intent of Congress to assure agriculture a position in research equal to that of industry, which will aid in maintaining an equitable balance between agriculture and other segments of our economy. It shall be the object and duty of the State agricultural experiment stations through the expenditure of the appropriations hereinafter authorized to conduct original and other researches, investigations, and experiments bearing directly on and contributing to the establishment and maintenance of a permanent and effective agricultural industry of the United States, including researches basic to the problems of agriculture in its broadest aspects, 1 The Hatch Act was amended in its entirety by the Act of August 11, 1955, ch. 790, 68 Stat. 671.

27 U.S.C. 361a.

Amended by Public Law 93-471, 88 Stat. 1429, which defined State to include the District of Columbia.

Amended by Public Law 92-318, 86 Stat. 351, which defined State to include Guam and the Virgin Islands.

5 First Morrill Act, see page 9.

7 U.S.C. 361b.