7 U.S.C. § 3222 — Agricultural research at 1890 land-grant

Page 1613 TITLE 7—AGRICULTURE § 3222 comprehensive program of extension for approval by the Secretary each five years after Sept. 29, 1977. Subsec. (d). Pub. L. 97–98, § 1431(5), substituted ‘‘sub- mitted, as part of the State plan of work,’’ for ‘‘sub- mitted by the proper officials of each institution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(12) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–185, title II, § 225(c), June 23, 1998, 112 Stat. 542, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 3222 of this title] take effect on October 1, 1999.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. WEST VIRGINIA STATE COLLEGE, INSTITUTE, WEST VIRGINIA Pub. L. 106–78, title I, Oct. 22, 1999, 113 Stat. 1141, pro- vided in part that West Virginia State College in Insti- tute, West Virginia: ‘‘for fiscal year 2000 and thereafter shall be designated as an eligible institution under sec- tion 1444 of the National Agricultural Research, Exten- sion, and Teaching Policy Act of 1977 (7 U.S.C. 3221)’’. § 3222. Agricultural research at 1890 land-grant colleges, including Tuskegee University (a) Authorization of appropriations (1) In general There are hereby authorized to be appro- priated annually such sums as Congress may determine necessary to support continuing ag- ricultural research at colleges eligible to re- ceive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (herein- after referred to in this section as ‘‘eligible in- stitutions’’). (2) Minimum amount Beginning with fiscal year 2003, there shall be appropriated under this section for each fis- cal year an amount that is not less than 30 percent of the total appropriations for the fis- cal year under section 361c of this title. (3) Uses Funds appropriated under this section shall be used for expenses of conducting agricul- tural research, printing, disseminating the re- sults of such research, contributing to the re- tirement of employees subject to the provi- sions of section 331 of this title, administra- tive planning and direction, and purchase and rental of land and the construction, acquisi- tion, alteration, or repair of buildings nec- essary for conducting agricultural research. (4) Coordination The eligible institutions are authorized to plan and conduct agricultural research in co- operation with each other and such agencies, institutions, and individuals as may con- tribute to the solution of agricultural prob- lems, and moneys appropriated pursuant to this section shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. (5) Carryover (A) In general The balance of any annual funds provided to an eligible institution for a fiscal year under this section that remains unexpended at the end of the fiscal year may be carried over for use during the following fiscal year. (B) Failure to expend full amount (i) In general If any unexpended balance carried over by an eligible institution is not expended by the end of the second fiscal year, an amount equal to the unexpended balance shall be deducted from the next succeeding annual allotment to the eligible institu- tion. (ii) Redistribution Federal funds that are deducted under clause (i) for a fiscal year shall be redis- tributed by the Secretary in accordance with the formula set forth in subsection (b)(2)(B) to those eligible institutions for which no deduction under clause (i) has been taken for that fiscal year. (b) Distribution of funds (1) In general Funds made available under this section shall be distributed among eligible institu- tions in accordance with this subsection. (2) Administration 3 percent shall be available to the Secretary for administration of this section. These ad- ministrative funds may be used for transpor- tation of scientists who are not officers or em- ployees of the United States to research meet- ings convened for the purpose of assessing re- search opportunities or research planning. (3) Distributions (A) In general After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph. (B) Base amount Funds up to the total amount made avail- able to all eligible institutions in the fiscal year ending September 30, 1978, under sec- tion 3157 of this title, shall be allocated among the eligible institutions in the same proportion as funds made available under section 3157 of this title, for the fiscal year ending September 30, 1978, were allocated Page 1614 TITLE 7—AGRICULTURE § 3222 among the eligible institutions, as so des- ignated as of that date. (C) Additional amount Except as provided in subparagraph (D), of funds in excess of the amount allocated under subparagraph (A) of this paragraph, 20 per centum shall be allotted among eligible institutions in equal proportions; 40 per cen- tum shall be allotted among the eligible in- stitutions in the proportion that the rural population of the State in which each eligi- ble institution is located bears to the total rural population of all the States in which eligible institutions are located, as deter- mined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institu- tions in the proportion that the farm popu- lation of the State in which each eligible in- stitution is located bears to the total farm population of all the States in which the eli- gible institutions are located, as determined by the last preceding decennial census cur- rent at the time each such additional sum is first appropriated. In computing the dis- tribution of funds allocated under this sub- paragraph, the allotments to Tuskegee Uni- versity and Alabama Agricultural and Me- chanical University shall be determined as if each institution were in a separate State. (D) Special amounts (i) Definitions In this subparagraph: (I) Covered fiscal year The term ‘‘covered fiscal year’’ means the fiscal year for which the qualified el- igible institution first received an allo- cation of $3,000,000 under clause (ii)(I). (II) Other eligible institution The term ‘‘other eligible institution’’ means an eligible institution, other than the qualified eligible institution, receiv- ing an allocation of funds under this sec- tion. (III) Qualified eligible institution The term ‘‘qualified eligible institu- tion’’ means the eligible institution de- scribed in clause (ii)(I). (ii) Fiscal year 2019, 2020, 2021, or 2022 (I) In general Subject to subclause (II), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the cal- culation under subparagraph (C) would result in a distribution for a fiscal year of less than $3,000,000 to an eligible insti- tution that first received funds under this section on a date occurring after February 7, 2014, and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that fiscal year. (II) Limitation Subclause (I) shall apply only if amounts are appropriated under this sec- tion in an amount sufficient to provide that each other eligible institution re- ceiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this sec- tion for the preceding fiscal year. (iii) Subsequent fiscal years (I) Minimum additional funding amounts Subject to subclauses (II) and (III), for each fiscal year following the covered fiscal year— (aa) the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and (bb) each other eligible institution shall receive an allocation under this paragraph of at least the amount re- ceived by such other eligible institu- tion under this subsection for the cov- ered fiscal year. (II) Shortfall of special amounts (aa) Applicability This subclause shall apply to any fis- cal year following the covered fiscal year and for which the total amount appropriated under this subsection is insufficient to provide for the min- imum additional funding amounts de- scribed in subclause (I). (bb) Reductions in allocations In the case of a fiscal year to which this subclause applies, reductions in allocations shall be made proportion- ally from the qualified eligible institu- tion and from each other eligible insti- tution based on the increased amounts (if any) that the qualified eligible in- stitution and each other eligible insti- tution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the cov- ered fiscal year. (III) Effect of census Subclauses (I) and (II) shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in subclause (I) is at- tributable to the incorporation of new census data into the calculation under paragraph (3)(C), as determined by the Secretary. (c) Program and plans of work (1) Initial comprehensive program of agricul- tural research The director of the State agricultural exper- iment station in each State where an eligible institution is located and the research direc- tor specified in subsection (d) of this section in each of the eligible institutions in such State shall jointly develop, by mutual agreement, a comprehensive program of agricultural re- search in such State, to be submitted for ap- proval by the Secretary within one year after September 29, 1977. (2) Plan of work required Before funds may be provided to an eligible institution under this section for any fiscal Page 1615 TITLE 7—AGRICULTURE § 3222 year, a plan of work to be carried out under this section shall be submitted by the research director specified in subsection (d) and shall be approved by the Secretary. (3) Requirements related to plan of work Each plan of work required under paragraph (2) shall contain descriptions of the following: (A) A summary of planned projects or pro- grams in the State using formula funds. (B) A description of matching funds pro- vided by the State with respect to the pre- vious fiscal year. (4) Research protocols (A) In general The Secretary shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multi- disciplinary research activities and joint re- search and extension activities in addressing critical agricultural issues identified in the plans of work submitted under paragraph (2). (B) Consultation The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities. (5) Treatment of plans of work for other pur- poses To the maximum extent practicable, the Secretary shall consider a plan of work sub- mitted under paragraph (2) to satisfy other ap- propriate Federal reporting requirements. (d) Payment of funds to eligible institutions Sums available for allotment to the eligible institutions under the terms of this section shall be paid to such institutions in equal quarterly payments beginning on or about the first day of October of each year upon vouchers approved by the Secretary. The President of each eligible in- stitution shall appoint a research director who shall be responsible for administration of the program authorized herein. Each eligible insti- tution shall designate a treasurer or other offi- cer who shall receive and account for all funds allotted to such institution under the provisions of this section and shall report, with the ap- proval of the research director, to the Secretary on or before the first day of December of each year a detailed statement of the amount re- ceived under the provisions of this section dur- ing the preceding fiscal year and its disburse- ment on schedules prescribed by the Secretary. If any portion of the allotted moneys received by any eligible institution shall by any action or contingency be diminished, lost, or mis- applied, it shall be replaced by such institution and until so replaced no subsequent appropria- tion shall be allotted or paid to such institution. Funds made available to eligible institutions shall not be used for payment of negotiated overhead or indirect cost rates. (e) Mailing of bulletins, reports, periodicals, re- prints, articles, and other publications Bulletins, reports, periodicals, reprints or arti- cles, and other publications necessary for the dissemination of results of the research and ex- periments funded under this section, including lists of publications available for distribution by the eligible institutions, shall be transmitted in the mails of the United States. Such publica- tions may be mailed from the principal place of business of each eligible institution or from an established subunit of such institution. (f) Administration; rules and regulations; co- operation by and between institutions The Secretary shall be responsible for the proper administration of this section, and is au- thorized and directed to prescribe such rules and regulations as may be necessary to carry out its provisions. It shall be the duty of the Secretary to furnish such advice and assistance as will best promote the purposes of this section, in- cluding participation in coordination of research initiated under this section by the eligible insti- tutions, from time to time to indicate such lines of inquiry as to the Secretary seem most impor- tant, and to encourage and assist in the estab- lishment and maintenance of cooperation by and between the several eligible institutions, the State agricultural experiment stations, and be- tween them and the Department of Agriculture. (g) Entitlement On or before the first day of October in each year after September 29, 1977, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual ap- propriations under this section and the amount which thereupon each is entitled, respectively, to receive. (h) Existing legal relationships not impaired or modified Nothing in this section shall be construed to impair or modify the legal relationship existing between any of the eligible institutions and the government of the States in which they are re- spectively located. (Pub. L. 95–113, title XIV, § 1445, Sept. 29, 1977, 91 Stat. 1009; Pub. L. 95–547, Oct. 28, 1978, 92 Stat. 2063; Pub. L. 97–98, title XIV, § 1432(a), Dec. 22, 1981, 95 Stat. 1311; Pub. L. 99–198, title XIV, § 1417, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 105–185, title I, § 103(f)(3)(B), title II, §§ 225(b), 226(b), (c)(3), June 23, 1998, 112 Stat. 528, 541, 543; Pub. L. 105–362, title I, § 101(e), Nov. 10, 1998, 112 Stat. 3281; Pub. L. 107–171, title VII, §§ 7203(b), 7204, May 13, 2002, 116 Stat. 438; Pub. L. 110–234, title VII, §§ 7122, 7404(b)(2)(A)(ii), May 22, 2008, 122 Stat. 1222, 1247; Pub. L. 110–246, § 4(a), title VII, §§ 7122, 7404(b)(2)(A)(ii), June 18, 2008, 122 Stat. 1664, 1983, 2008; Pub. L. 115–334, title VII, §§ 7115(b), 7612(c)(2), Dec. 20, 2018, 132 Stat. 4787, 4832.) Editorial Notes REFERENCES IN TEXT Act of August 30, 1890, 26 Stat. 417, referred to in sub- sec. (a)(1), is popularly known as the ‘‘Agricultural Col- lege Act of 1890’’ and also as the ‘‘Second Morrill Act’’, and 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. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Page 1616 TITLE 7—AGRICULTURE § 3222 AMENDMENTS 2018—Subsec. (b). Pub. L. 115–334, § 7115(b)(3), inserted heading and struck out introductory provisions which read as follows: ‘‘Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fis- cal year under this section shall be distributed as fol- lows:’’. Subsec. (b)(1). Pub. L. 115–334, § 7115(b)(3), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 115–334, § 7115(b)(2), redesig- nated par. (1) as (2), inserted heading, and substituted ‘‘3 percent’’ for ‘‘Three per centum’’. Former par. (2) re- designated (3). Subsec. (b)(2)(A). Pub. L. 115–334, § 7115(b)(1)(C)(i), (ii), substituted ‘‘were allocated’’ for ‘‘are allocated’’ and inserted ‘‘, as so designated as of that date’’ before pe- riod at end. Subsec. (b)(2)(B). Pub. L. 115–334, § 7115(b)(1)(C)(iii), re- designated subpar. (A) as (B) and inserted heading. Former subpar. (B) redesignated (C). Subsec. (b)(2)(C). Pub. L. 115–334, § 7115(b)(1)(B), redes- ignated subpar. (B) as (C), inserted heading, and sub- stituted ‘‘Except as provided in subparagraph (D), of funds’’ for ‘‘Of funds’’. Subsec. (b)(2)(D). Pub. L. 115–334, § 7115(b)(1)(A), added subpar. (D). Subsec. (b)(3). Pub. L. 115–334, § 7115(b)(1)(D), redesig- nated par. (2) as (3), inserted heading, added subpar. (A), and struck out introductory provisions which read as follows: ‘‘The remainder shall be allotted among the eligible institutions as follows:’’. Subsec. (c)(3). Pub. L. 115–334, § 7612(c)(2), added sub- pars. (A) and (B) and struck out former subpars. (A) to (E) which read as follows: ‘‘(A) The critical short-term, intermediate, and long- term agricultural issues in the State in which the eligi- ble institution is located and the current and planned research programs and projects targeted to address the issues. ‘‘(B) The process established to consult with users of agricultural research regarding the identification of critical agricultural issues in the State and the devel- opment of research programs and projects targeted to address the issues. ‘‘(C) Other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State. ‘‘(D) The current and emerging efforts to work with those other institutions to build on each other’s experi- ence and take advantage of each institution’s unique capacities. ‘‘(E) The manner in which research and extension, in- cluding research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly.’’ 2008—Subsec. (a)(2). Pub. L. 110–246, § 7122, substituted ‘‘30 percent’’ for ‘‘25 percent’’. Subsec. (e). Pub. L. 110–246, § 7404(b)(2)(A)(ii), struck out ‘‘under penalty indicia: Provided, That each publi- cation shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such reg- ulations as the Postmaster General may from time to time prescribe’’ after ‘‘United States’’. 2002—Subsec. (a). Pub. L. 107–171, § 7203(b), inserted heading, designated existing provisions as pars. (1) to (5), inserted headings, and substituted in par. (2) ‘‘Be- ginning with fiscal year 2003, there shall be appro- priated under this section for each fiscal year an amount that is not less than 25 percent of the total ap- propriations for the fiscal year under section 361c of this title.’’ for ‘‘Beginning with the fiscal year ending September 30, 1979, there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 361c of this title: Provided, That the amount appropriated for the fiscal year ending Sep- tember 30, 1979, shall not be less than the amount made available in the fiscal year ending September 30, 1978, to such eligible institutions under the Act of August 4, 1965 (79 Stat. 431, [former] 7 U.S.C. 450i).’’ Subsec. (a)(5). Pub. L. 107–171, § 7204, added par. (5) and struck out heading and text of former par. (5). Text read as follows: ‘‘No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.’’ 1998—Pub. L. 105–185, § 226(c)(3)(A), substituted ‘‘Uni- versity’’ for ‘‘Institute’’ in section catchline. Subsec. (a). Pub. L. 105–185, § 226(c)(3)(B), substituted ‘‘Tuskegee University’’ for ‘‘Tuskegee Institute’’ in first sentence. Subsec. (b)(2)(B). Pub. L. 105–185, § 226(c)(3)(B), sub- stituted ‘‘Tuskegee University’’ for ‘‘Tuskegee Insti- tute’’. Subsec. (c). Pub. L. 105–185, § 225(b), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added pars. (2) to (5). Subsec. (g). Pub. L. 105–362, § 101(e)(1), struck out ‘‘(1)’’ before ‘‘On or before’’. Subsec. (g)(2). Pub. L. 105–362, § 101(e)(2), struck out par. (2) which read as follows: ‘‘The Secretary shall make an annual report to Congress during the first reg- ular session of each year of the receipts and expendi- tures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any in- stitution has been withheld and if so the reasons there- for.’’ Pub. L. 105–185, § 226(b) redesignated par. (4) as (2) and struck out former par. (2) which read as follows: ‘‘If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible insti- tution that an amount in excess of 5 percent of the pre- ceding annual appropriation allotted to that institu- tion under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be de- ducted from the next succeeding annual allotment to the institution.’’ Subsec. (g)(3). Pub. L. 105–185, § 103(f)(3)(B), struck out par. (3) which read as follows: ‘‘If the Secretary with- holds from any eligible institution any portion of the appropriations available for allotment, 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. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.’’ Subsec. (g)(4). Pub. L. 105–185, § 226(b)(2), redesignated par. (4) as (2). 1985—Subsec. (a). Pub. L. 99–198, § 1417(a), provided that not more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year. Subsec. (g)(2). Pub. L. 99–198, § 1417(b), in amending par. (2) generally, substituted ‘‘If it appears’’ for ‘‘Whenever it shall appear’’ before ‘‘to the Secretary’’ and ‘‘that an amount in excess of 5 percent’’ for ‘‘that any portion’’ before ‘‘of the preceding annual appro- priation’’ and inserted ‘‘in excess of 5 percent of the preceding annual appropriation allotted to that institu- tion’’ before ‘‘shall be deducted’’. 1981—Subsec. (b)(1). Pub. L. 97–98, § 1432(a)(1), inserted provision authorizing use of administrative funds for transportation of scientists to research meetings con- vened for purpose of assessing research opportunities or research planning. Subsec. (b)(2)(B). Pub. L. 97–98, § 1432(a)(2), inserted ‘‘current at the time each such additional sum is first appropriated’’ after ‘‘the last preceding decennial cen- sus’’ in two places. Subsecs. (c), (d). Pub. L. 97–98, § 1432(a)(3), substituted ‘‘research director’’ for ‘‘chief administrative officer’’ wherever appearing. 1978—Subsec. (b). Pub. L. 95–547 amended subsec. (b) generally, substituting in par. (A) provisions relating Page 1617 TITLE 7—AGRICULTURE § 3222a to allocation of funds among eligible institutions in same proportion as funds made available under former section 450i of this title (now section 3157 of this title), for fiscal year ending Sept. 30, 1978, are allocated among eligible institutions for provisions relating to allocation of $100,000 to each eligible institution, and substituting in par. (B) provisions relating to alloca- tion among eligible institutions of 20 per centum of the excess funds in equal proportions, 40 per centum in pro- portion that the rural population of the State in which each eligible institution is located bears to total rural population of all States in which such institutions are located, and balance in proportion that farm popu- lation of State in which each eligible institution is lo- cated bears to total farm population of all States in which such institutions are located for provisions relat- ing to allocation among eligible institutions of one-half of remaining funds in an amount which bore same ratio to total amount to be allocated as rural population of State in which eligible institution was located bore to total rural population of all States in which such insti- tutions were located, and one-half in an amount which bore same ratio to total amount to be allocated as farm population of State in which eligible institution was lo- cated bore to total farm population of all States in which such institutions were located. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 225(b) of Pub. L. 105–185 effec- tive Oct. 1, 1999, see section 225(c) of Pub. L. 105–185, set out as a note under section 3221 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. WEST VIRGINIA STATE COLLEGE, INSTITUTE, WEST VIRGINIA Pub. L. 106–78, title I, Oct. 22, 1999, 113 Stat. 1140, pro- vided in part that West Virginia State College in Insti- tute, West Virginia: ‘‘for fiscal year 2000 and thereafter shall be designated as an eligible institution under sec- tion 1445 of the National Agricultural Research, Exten- sion, and Teaching Policy Act of 1977 (7 U.S.C. 3222)’’. GRANT FOR DAIRY GOAT RESEARCH PROGRAM Pub. L. 97–98, title XIV, § 1432(b), Dec. 22, 1981, 95 Stat. 1311, as amended by Pub. L. 99–198, title XIV, § 1432, Dec. 23, 1985, 99 Stat. 1557; Pub. L. 101–624, title XVI, § 1601(c), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, § 887, Apr. 4, 1996, 110 Stat. 1180, authorized grant for dairy goat research, described uses for grant and times of payment, and authorized appropriations for fiscal years 1991 through 1997, prior to repeal by Pub. L. 105–185, title III, § 302(b), June 23, 1998, 112 Stat. 563. § 3222a. Scholarships for students at 1890 Institu- tions (a) In general (1) Scholarship grant program established The Secretary shall make grants to each college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the Second Morrill Act; 7 U.S.C. 322 [321] et seq.), including Tuskegee University, for purposes of awarding scholarships to indi- viduals who— (A) have been accepted for admission at such college or university; (B) will be enrolled at such college or uni- versity not later than one year after the date of such acceptance; and (C) intend to pursue a career in the food and agricultural sciences, including a career in— (i) agribusiness; (ii) energy and renewable fuels; or (iii) financial management. (2) Condition The Secretary may only award a grant under this subsection to a college or university de- scribed in paragraph (1) if the Secretary deter- mines that such college or university has es- tablished a competitive scholarship awards process for the award of scholarships to indi- viduals described in such paragraph. (3) Annual limitation Of the funds made available under sub- section (b)(1), the Secretary may use not more than $10,000,000 to award grants under this sub- section for the academic year beginning on July 1, 2020, and each of the 4 succeeding aca- demic years. (4) Amount of grant Each grant made under this section shall be in an amount of not less than $500,000. (b) Funding (1) Mandatory funding (A) Funding Of the funds of the Commodity Credit Cor- poration, the Secretary shall make available to carry out this section $40,000,000 not later than October 1, 2019, to remain available until expended. (B) Additional funding Not later than 30 days after November 17, 2023, of the funds of the Commodity Credit Corporation, the Secretary shall make avail- able to carry out this section $10,000,000, to remain available until expended. (2) Discretionary funding In addition to amounts made available under paragraph (1), there is authorized to be appro- priated to carry out this section $10,000,000 for each of fiscal years 2020 through 2023. (3) Administrative expenses Of the funds made available under para- graphs (1) and (2) to carry out this section for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under this section. (c) Report Beginning on the date that is two years after the date on which the first grant is awarded under subsection (a), and every two years there- after, the Secretary shall submit to the Com- mittee on Agriculture of the House of Rep-