HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES.

SEC. 7129. HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES.(a) In General.—The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1455 (7 U.S.C. 3241) the following:“SEC. 1456. HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES.“(a) Definition of Endowment Fund.—In this section, the term ‘endowment fund’ means the Hispanic-Serving Agricultural Colleges and Universities Fund established under subsection (b).“(b) Endowment.—“(1) In general.—The Secretary of the Treasury shall establish in accordance with this subsection a Hispanic-Serving Agricultural Colleges and Universities Fund.“(2) Agreements.—The Secretary of the Treasury may enter into such agreements as are necessary to carry out this subsection.“(3) Deposit to the endowment fund.—The 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) Investments.—The 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) Corpus.—The Secretary of the Treasury may not make a withdrawal or expenditure from the endowment fund corpus.“(B) Withdrawals.—On 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) Endowments.—Amounts 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 appropriations.—There 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 general.—For 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—122 STAT. 1225“(A) $80,000; by“(B) the number of Hispanic-serving agricultural colleges and universities.“(2) Payments.—For 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 general.—Amounts 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 law.—Except 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 general.—For 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 grants.—The 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 general.—As 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 funding.—The 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 share.—A 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 appropriations.—There 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.—122 STAT. 1226“(1) In general.—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.“(2) Authorization of appropriations.—There 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.” .(b) Extension.—Section 3 of the Smith-Lever Act (7 U.S.C. 343) is amended—(1) in subsection (b), by adding at the end the following:“(4) Annual appropriation for hispanic-serving agricultural colleges and universities.—“(A) Authorization of appropriations.—There are authorized to be appropriated to the Secretary for payments to Hispanic-serving agricultural colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) such sums as are necessary to carry out this paragraph for fiscal year 2008 and each fiscal year thereafter, to remain available until expended.“(B) Additional amount.—Amounts made available under this paragraph shall be in addition to any other amounts made available under this section to States, the Commonwealth of Puerto Rico, Guam, or the United States Virgin Islands.“(C) Administration.—Amounts made available under this paragraph shall be—“(i) distributed on the basis of a competitive application process to be developed and implemented by the Secretary;“(ii) paid by the Secretary to the State institutions established in accordance with the Act of July 2, 1862 (commonly known as the ‘First Morrill Act’) (7 U.S.C. 301 et seq.); and“(iii) administered by State institutions through cooperative agreements with the Hispanic-serving agricultural colleges and universities in the State in accordance with regulations promulgated by the Secretary.”; and(2) in subsection (f)—(A) in the subsection heading, by inserting “and Hispanic-Serving Agricultural Colleges and Universities” after “1994 Institutions”; and(B) by striking “pursuant to subsection (b)(3)” and inserting “or Hispanic-serving agricultural colleges and universities in accordance with paragraphs (3) and (4) of subsection (b)”.(c) Conforming Amendments.—(1) Section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601) is amended—(A) by redesignating paragraph (6) as paragraph (7); and(B) by inserting after paragraph (5) the following:“(6) Hispanic-serving agricultural colleges and universities.—The term ‘Hispanic-serving agricultural colleges 122 STAT. 1227 and universities’ has the meaning given the term in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).”.(2) Section 102(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7612(c)) is amended—(A) in the subsection heading, by inserting “and Hispanic-Serving Agricultural Colleges and Universities” after “Institutions”; and(B) in paragraph (1), by striking “ and 1994 Institution” and inserting “1994 Institution, and Hispanic-serving agricultural college and university”.(3) Section 103(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7613(e)) is amended by adding at the end the following:“(3) Hispanic-serving agricultural colleges and universities.—To be eligible to obtain agricultural extension funds from the Secretary for an activity, each Hispanic-serving agricultural college and university shall—“(A) establish a process for merit review of the activity; and“(B) review the activity in accordance with such process.”.(4) Section 406(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(b)) is amended by striking “and 1994 Institutions” and inserting “, 1994 Institutions, and Hispanic-serving agricultural colleges and universities”.