SECOND MORRILL ACT Enacted August 30, 1890, as 26 Stat. 417, 7 U.S.C. 321, and amended on March 4, 1907, by P.L. 242, 59th Congress, 34 Stat. 1282, on May 29, 1928, by P.L. 611, 70th Congress, 45 Stat. 991, effective on July 1, 1939, by sections 201 and 204 of 1939 Reorganization Plan No. 1, 4 F.R. 2728, 53 Stat. 1424, and effective on April 11, 1953, by sections 5 and 8 of 1953 Reorganization Plan No. 1, 18 F.R. 2053, 67 Stat. 631 AN ACT To apply a portion of the proceeds of the public lands to the more complete endownment 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 second, eighteen hundred and sixty-two Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 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 to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction: 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: Provided, That no money shall be paid out under this act to any State or Territory for the support and maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of this act if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of the act of July second, eighteen hundred and sixty-two, and also in which an educational institution of like character has been established, or may be hereafter established, and is on August 30, 1890, aided by such State from its revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under the said act, the legislature of such a State may propose and report to the Secretary of the Interior a just and equitable division of 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 July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of Health, Education, and Welfare, 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 colleges, 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 Health, Education, and Welfare, on or before the first day of September 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. 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 Health, Education, and Welfare, 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 costs and results, and such other industrial and economical statistics as may be regarded as useful, one 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 July in each year, after the passage of this act, the Secretary of Health, Education, and Welfare 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 Health, Education, and Welfare shall withhold a certificate from any State or Territory of 50-271 0-65-8 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, if it may desire, appeal to Congress from the determination of the Secretary of Health, Education, and Welfare. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. And the Secretary of Health, Education, and Welfare is hereby charged with the proper administration of this law. SEC. 5. (Repealed.) SEC. 6. Congress may at any time amend, suspend, or repeal any or all of the provisions of this act. Legislative History SECOND MORRILL ACT 51st Congress-S. 3714; S. Rept. 1028, p. 4821; amended and passed Senate. p. 6372, June 23, 1890. H. Rept. 2697, p. 7228; amended and passed House, p. 8839, Aug. 19, 1890. Senate concurs in House amendment, p. 8874, Aug. 20, 1890. Approved, p. 9388, Aug. 28, 1890. 59th Congress-P.L. 59-242, H.R. 24815: H. Rept. 6597; amended and passed House, p. 1987, Jan. 30, 1907. S. Rept. 6829; amended and passed Senate, p. 3888, Feb. 25, 1907. Second Conference report agreed to: p. 4531, Mar. 2, 1907; p. 4545, Mar. 3, 1907. Approved Mar. 4, 1907. 70th Congress-H.R. 12064 (repeals sec. 5 of Second Morrill Act, P.L. 70–611) : H. Rept. 1757, p. 9134; amended and passed House, p. 9417, May 21, 1928. S. Rept. 1320, p. 10204; amended and passed Senate, p. 10616, May 29, 1928. House concurs in Senate amendment, p. 10741, May 29, 1928. Approved May 29, 1928. p. 10888. BANKHEAD-JONES ACT Enacted June 29, 1935, as P.L. 182, 74th Congress, 49 Stat. 439, 7 U.S.C. 329, and amended on June 12, 1952, by P.L. 390, 82d Congress, 66 Stat. 135, and on July 14, 1960, by P.L. 86-658, 74 Stat. 525 An Act Providing for research into basic laws and principles relating to agriculture, further development of cooperative agricultural extension work, and more complete endowment and support of land-grant colleges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [NOTE.-Only the section of this act applicable to the Morrill and Supplementary Morrill Funds for land-grant colleges is given.] SEC. 22. In order to provide for the more complete endowment and support of the colleges in the several States and Puerto Rico entitled to the benefits of the 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, there are hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, the following amounts: (a) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter $7,650,000; and (b) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $4,300,000. The sums appropriated in pursuance of paragraph (a) shall be paid annually to the several States and Puerto Rico 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 and Puerto Rico in the proportion to which the total population of each State and Puerto Rico bears to the total population of all the States and Puerto Rico 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 an 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. Legislative History BANKHEAD-JONES ACT 74th Congress-H.R. 7160: H. p. 7604, May 15, 1935. S. Rept. amended, p. 8970, June 10, 1935. agrees to, p. 10243, June 27, 1935. Approved, p. 10659, June 29, 1935. Bankhead-Jones Amendments (P.L. 182) Rept. 587, p. 5078; passed House amended, 82d Congress-P.L. 82-390, H.R. 6922: H. Rept. 1746, p. 3786; passed House, p. 4811, May 5, 1952. S. Rept. 1609, p. 6086; passed Senate, p. 6326, June 2, 1952. Approved, p. 7712, June 12, 1952. 86th Congress-P.L. 86-658, S. 3450: S. Rept. 1596, p. 12753; passed Senate, p. 14204, June 24, 1960. Passed House, p. 15770, July 2, 1960. Approved, p. 15751, July 14, 1960. HIGHER EDUCATION FACILITIES ACT OF 1964 Enacted on December 16, 1963, as P.L. 88-204, 77 Stat. 363, 20 U.S.C. 710 AN ACT To authorize assistance to public and other nonprofit institutions of higher education in financing the construction, rehabilitation, or improvement of needed academic and related facilities in undergraduate and graduate institutions.1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Higher Education Facilities Act of 1963". FINDINGS AND DECLARATION OF POLICY SEC. 2. The Congress hereby finds that the security and welfare of the United States require that this and future generations of American youth be assured ample opportunity for the fullest development of their intellectual capacities, and that this opportunity will 1 See also sec. 214, Appalachian Regional Development Act of 1965 (P.L. 89-4), p. 251. be jeopardized unless the Nation's colleges and universities are encouraged and assisted in their efforts to accommodate rapidly growing numbers of youth who aspire to a higher education. The Congress further finds and declares that these needs are so great and these steps so urgent that it is incumbent upon the Nation to take positive and immediate action to meet these needs through assistance to institutions of higher education, including graduate and undergraduate institutions, junior and community colleges, and technical institutes, in providing certain academic facilities. TITLE I-GRANTS FOR CONSTRUCTION OF UNDERGRADUATE ACADEMIC FACILITIES APPROPRIATIONS AUTHORIZED SEC. 101. (a) The Commissioner of Education (hereinafter in this Act referred to as the "Commissioner") shall carry out during the fiscal year ending June 30, 1964, and each of the four succeeding fiscal years, a program of grants to institutions of higher education for the construction of academic facilities in accordance with this title. (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $230,000,000 for the fiscal year ending June 30, 1964, and each of the two succeeding fiscal years; but for the fiscal year ending June 30, 1967, and the succeeding fiscal year, only such sums may be appropriated as the Congress may hereafter authorized by law. In addition to the sums authorized to be appropriated under the preceding sentence, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1965, and the succeeding fiscal year, for making such grants the difference (if any) between the sums authorized to be appropriated under the preceding sentence for preceding fiscal years and the aggregate of the sums which were appropriated for such preceding years under such sentence. (c) Sums appropriated pursuant to subsection (b) of this section shall remain available for reservation as provided in section 109 until the close of the fiscal year next succeeding the fiscal year for which they were appropriated. ALLOTMENTS SEC. 102. Of the funds appropriated pursuant to section 101 for any fiscal year, 22 per centum shall be allotted among the States in the manner prescribed by section 103 for use in providing academic facilities for public community colleges and public technical institutes. The remainder of the funds so appropriated shall be allotted among the States in the manner as prescribed in section 104 for use in providing academic facilities for institutions of higher education other than public community colleges and public technical institutes. ALLOTMENTS TO STATES FOR PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES SEC. 103. (a) The funds to be allotted for any fiscal year for use in providing academic facilities for public community colleges and public technical institutes shall be allotted among the States on the |