I 

114TH CONGRESS 

1ST SESSION H. R. 3828 

To amend the National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 to provide for an equitable distribution of formula funds 

between land-grant colleges and universities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2015 

Ms. BROWN of Florida (for herself, Mr. THOMPSON of Mississippi, Ms. NORTON, Ms. ADAMS, Mr. SCOTT of Virginia, Mr. BUTTERFIELD, Ms. EDDIE

BERNICE JOHNSON of Texas, Ms. SEWELL of Alabama, Mrs. BEATTY, 

Mrs. WATSON COLEMAN, Mr. JEFFRIES, Ms. EDWARDS, Mr. FATTAH, 

Ms. FUDGE, Mr. BISHOP of Georgia, Ms. PLASKETT, Mr. MEEKS, Mr. 

JOHNSON of Georgia, Mr. CLEAVER, Mr. DANNY K. DAVIS of Illinois, 

Ms. JACKSON LEE, Mr. RICHMOND, Ms. WILSON of Florida, Mr. HASTINGS, Mr. CLYBURN, Ms. CLARKE of New York, Ms. BASS, Mr. AL

GREEN of Texas, Mr. VEASEY, Ms. MAXINE WATERS of California, Mr. 

RANGEL, Ms. LEE, Mr. RUSH, Mr. CLAY, Mr. LEWIS, and Mr. CUMMINGS) introduced the following bill; which was referred to the Committee 

on Agriculture 

A BILL 

To amend the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 to provide for an equitable distribution of formula funds between land-grant 

colleges and universities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3828 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘The Land-Grant Op3 portunity Act’’. 

4 SEC. 2. EQUITABLE DISTRIBUTION OF FORMULA FUNDS TO 

5 LAND-GRANT COLLEGES AND UNIVERSITIES. 

6 (a) IN GENERAL.—Subtitle G of the National Agri7 cultural Research, Extension, and Teaching Policy Act of 

8 1977 (7 U.S.C. 3221 et seq.) is amended by adding at 

9 the end the following new sections: 

10 ‘‘SEC. 1449A. FORMULA FOR DISTRIBUTION OF EXTENSION 

11 FUNDS TO LAND-GRANT COLLEGES AND UNI12 VERSITIES. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) 1862-INSTITUTION; 1890-INSTITUTION.— 

15 The terms ‘1862-institution’ and ‘1890-institution’ 

16 have the meanings given such terms in section 2 of 

17 the Agricultural Research, Extension, and Education 

18 Reform Act of 1998 (7 U.S.C. 7601). 

19 ‘‘(2) DISTRIBUTION FORMULA STATE.—The 

20 term ‘distribution formula State’ means a State— 

21 ‘‘(A) in which at least one 1862-institution 

22 and at least one 1890-institution are located; 

23 ‘‘(B) that provides matching funds in an 

24 amount equal to more than 50 percent of the 

25 extension funds to be distributed to such land26 grant colleges and universities; and 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3828 IH

1 ‘‘(C)(i) with respect to any 1890-institu2 tion in such State, that does not provide match3 ing funds in an amount equal to the amount of 

4 Federal funds available to be distributed to 

5 such institution under section 1444; or 

6 ‘‘(ii) with respect to any 1862-institution 

7 in such State, that does not provide matching 

8 funds in an amount equal to the amount of 

9 Federal funds available to be distributed to 

10 such institution under the Act of May 8, 1914 

11 (7 U.S.C. 341 et seq.; commonly known as the 

12 Smith-Lever Act). 

13 ‘‘(3) EXTENSION FUNDS.—The term ‘extension 

14 funds’ means funds distributed— 

15 ‘‘(A) in the case of an 1890-institution, 

16 under section 1444; and 

17 ‘‘(B) in the case of an 1862-institution, 

18 under the Act of May 8, 1914 (7 U.S.C. 341 

19 et seq.; commonly known as the Smith-Lever 

20 Act). 

21 ‘‘(4) FULLY MATCHED RATIO.—The term ‘fully 

22 matched ratio’ means— 

23 ‘‘(A) in the case of an 1862-institution, if 

24 the State provided matching funds in an 

25 amount equal to the amount of Federal funds 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3828 IH

1 available to be distributed to the institution 

2 under the Act of May 8, 1914 (7 U.S.C. 341 

3 et seq.; commonly known as the Smith-Lever 

4 Act), for a fiscal year, the ratio that the sum 

5 of the amount of funds that would be distrib6 uted to such institution under such Act for such 

7 fiscal year and the amount of matching funds 

8 the State would provide to such institution for 

9 such fiscal year would bear to, with respect to 

10 each other land-grant college or university in 

11 the State, the sum of the amount of funds that 

12 would be distributed to such land-grant college 

13 or university in the State under such Act or 

14 under section 1444, as the case may be, for 

15 such fiscal year and the amount of matching 

16 funds the State would provide to such college or 

17 university for such fiscal year; or 

18 ‘‘(B) in the case of an 1890-institution, if 

19 the State provided matching funds in an 

20 amount equal to the amount of Federal funds 

21 available to be distributed to the institution 

22 under section 1444 for a fiscal year, the ratio 

23 that the sum of the amount of funds that would 

24 be distributed to such institution under such 

25 Act for such fiscal year and the amount of 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 3828 IH

1 matching funds the State would provide to such 

2 institution for such fiscal year would bear to, 

3 with respect to each other land-grant college or 

4 university in the State, the sum of the amount 

5 of funds that would be distributed to such land6 grant college or university in the State under 

7 section 1444 or under the Act of May 8, 1914 

8 (7 U.S.C. 341 et seq.; commonly known as the 

9 Smith-Lever Act), as the case may be, for such 

10 fiscal year and the amount of matching funds 

11 the State would provide to such college or uni12 versity for such fiscal year. 

13 ‘‘(5) SHORTFALL PERCENTAGE.—The term 

14 ‘shortfall percentage’ means, with respect to a short15 fall State, the percentage that equals 100 percentage 

16 points minus the number of percentage points by 

17 which a shortfall State is deficient in providing 

18 matching funds below 50 percentage points, as de19 scribed in paragraph (6)(B). 

20 ‘‘(6) SHORTFALL STATE.—The term ‘shortfall 

21 State’ means a State— 

22 ‘‘(A) in which at least one 1862-institution 

23 and at least one 1890-institution are located; 

24 and 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 3828 IH

1 ‘‘(B) that provides matching funds in an 

2 amount equal to 50 percent or less of the exten3 sion funds to be distributed to such land-grant 

4 colleges and universities. 

5 ‘‘(b) DETERMINATION OF NON-FEDERAL SOURCES

6 OF FUNDS.—Beginning not later than September 30, 

7 2016, and each September 30 thereafter, each land-grant 

8 college or university in a distribution formula State shall 

9 submit to the Secretary a report describing for the pre10 ceding fiscal year— 

11 ‘‘(1) the sources of non-Federal funds made 

12 available by the State to the land-grant college or 

13 university for agricultural extension and education 

14 to meet the requirement of section 1449; and 

15 ‘‘(2) the amount of such funds generally avail16 able from each source. 

17 ‘‘(c) DISTRIBUTION FORMULA.— 

18 ‘‘(1) IN GENERAL.—Beginning with fiscal year 

19 2016, in the case of a distribution formula State, 

20 the amount of extension funds to be distributed to 

21 land-grant colleges and universities in such State 

22 shall be distributed for a fiscal year in accordance 

23 with paragraph (2). 

24 ‘‘(2) FORMULA.— 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 3828 IH

1 ‘‘(A) IN GENERAL.—Of the extension 

2 funds available to be distributed to a land-grant 

3 college or university in a distribution formula 

4 State for a fiscal year, such funds shall be dis5 tributed such that the ratio described in sub6 paragraph (B) for land-grant colleges and uni7 versities in the State is made to equal the fully 

8 matched ratio for land-grant colleges and uni9 versities in the State. 

10 ‘‘(B) ADJUSTED DISTRIBUTION RATIO.— 

11 The ratio described in this subparagraph is— 

12 ‘‘(i) the ratio that, in the case of an 

13 1862-institution in a State, the sum of the 

14 amount of funds to be distributed to such 

15 institution under the Act of May 8, 1914 

16 (7 U.S.C. 341 et seq.; commonly known as 

17 the Smith-Lever Act), for a fiscal year and 

18 the amount of matching funds the State 

19 provides to such institution for such fiscal 

20 year bears to, with respect to each other 

21 land-grant college or university in the 

22 State, the sum of the amount of funds to 

23 be distributed to such land-grant college or 

24 university in the State under such Act or 

25 under section 1444, as the case may be, 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 3828 IH

1 for such fiscal year and the amount of 

2 matching funds the State provides to such 

3 college or university for such fiscal year; or 

4 ‘‘(ii) the ratio that, in the case of an 

5 1890-institution in a State, the sum of the 

6 amount of funds to be distributed to such 

7 institution under section 1444 for a fiscal 

8 year and the amount of matching funds 

9 the State provides to such institution for 

10 such fiscal year bears to, with respect to 

11 each other land-grant college or university 

12 in the State, the sum of the amount of 

13 funds to be distributed to such other land14 grant college or university in the State 

15 under section 1444 or under the Act of 

16 May 8, 1914 (7 U.S.C. 341 et seq.; com17 monly known as the Smith-Lever Act), as 

18 the case may be, for such fiscal year and 

19 the amount of matching funds the State 

20 provides to such college or university for 

21 such fiscal year. 

22 ‘‘(3) TREATMENT OF SHORTFALL STATES.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the formula described in paragraph 

25 (2)(A) shall apply with respect to the distribuVerDate Sep 11 2014 00:37 Oct 27, 2015 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3828.IH H3828

smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 3828 IH

1 tion of extension funds to land-grant colleges 

2 and universities in a shortfall State in the same 

3 manner as such formula applies to the distribu4 tion of extension funds to land-grant colleges 

5 and universities in a distribution formula State 

6 for a fiscal year. 

7 ‘‘(B) AMOUNT OF FEDERAL FUNDS AVAIL8 ABLE FOR DISTRIBUTION.—In the case of a 

9 shortfall State, the total amount of extension 

10 funds available to be distributed to the land11 grant colleges and universities in such State 

12 shall equal the product of— 

13 ‘‘(i) the total amount which such col14 leges and universities are eligible to receive 

15 under the Act of May 8, 1914 (7 U.S.C. 

16 341 et seq.; commonly known as the 

17 Smith-Lever Act), and section 1444 for a 

18 fiscal year; and 

19 ‘‘(ii) the shortfall percentage for such 

20 State and such fiscal year. 

21 ‘‘SEC. 1449B. FORMULA FOR DISTRIBUTION OF RESEARCH 

22 FUNDS TO LAND-GRANT COLLEGES AND UNI23 VERSITIES. 

24 ‘‘(a) DEFINITIONS.—In this section: 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 3828 IH

1 ‘‘(1) 1862-INSTITUTION; 1890-INSTITUTION.— 

2 The terms ‘1862-institution’ and ‘1890-institution’ 

3 have the meanings given such terms in section 2 of 

4 the Agricultural Research, Extension, and Education 

5 Reform Act of 1998 (7 U.S.C. 7601). 

6 ‘‘(2) DISTRIBUTION FORMULA STATE.—The 

7 term ‘distribution formula State’ means a State— 

8 ‘‘(A) in which at least one 1862-institution 

9 and at least one 1890-institution are located; 

10 ‘‘(B) that provides matching funds in an 

11 amount equal to more than 50 percent of the 

12 research funds to be distributed to such land13 grant colleges and universities; and 

14 ‘‘(C)(i) with respect to any 1890-institu15 tion in such State, that does not provide match16 ing funds in an amount equal to the amount of 

17 Federal funds available to be distributed to 

18 such institution under section 1445; or 

19 ‘‘(ii) with respect to any 1862-institution 

20 in such State, that does not provide matching 

21 funds in an amount equal to the amount of 

22 Federal funds available to be distributed to 

23 such institution under the Act of March 2, 

24 1887 (7 U.S.C. 361a et seq.; commonly known 

25 as the Hatch Act of 1887). 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 3828 IH

1 ‘‘(3) FULLY MATCHED RATIO.—The term ‘fully 

2 matched ratio’ means— 

3 ‘‘(A) in the case of an 1862-institution, if 

4 the State provided matching funds in an 

5 amount equal to the amount of Federal funds 

6 available to be distributed to the institution 

7 under the Act of March 2, 1887 (7 U.S.C. 361a 

8 et seq.; commonly known as the Hatch Act of 

9 1887), for a fiscal year, the ratio that the sum 

10 of the amount of funds that would be distrib11 uted to such institution under such Act for such 

12 fiscal year and the amount of matching funds 

13 the State would provide to such institution for 

14 such fiscal year would bear to, with respect to 

15 each other land-grant college or university in 

16 the State, the sum of the amount of funds that 

17 would be distributed to such other land-grant 

18 college or university in the State under such 

19 Act or under section 1445, as the case may be, 

20 for such fiscal year and the amount of match21 ing funds the State would provide to such col22 lege or university for such fiscal year; or 

23 ‘‘(B) in the case of an 1890-institution, if 

24 the State provided matching funds in an 

25 amount equal to the amount of Federal funds 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 3828 IH

1 available to be distributed to the institution 

2 under section 1445 for a fiscal year, the ratio 

3 that the sum of the amount of funds that would 

4 be distributed to such institution under such 

5 Act for such fiscal year and the amount of 

6 matching funds the State would provide to such 

7 institution for such fiscal year would bear to, 

8 with respect to each other land-grant college or 

9 university in the State, the sum of the amount 

10 of funds that would be distributed to such land11 grant college or university in the State under 

12 section 1445 or under the Act of March 2, 

13 1887 (7 U.S.C. 361a et seq.; commonly known 

14 as the Hatch Act of 1887), as the case may be, 

15 for such fiscal year and the amount of match16 ing funds the State would provide to such col17 lege or university for such fiscal year. 

18 ‘‘(4) RESEARCH FUNDS.—The term ‘research 

19 funds’ means funds distributed— 

20 ‘‘(A) in the case of an 1890-institution, 

21 under section 1445; and 

22 ‘‘(B) in the case of an 1862-institution, 

23 under the Act of March 2, 1887 (7 U.S.C. 361a 

24 et seq.; commonly known as the Hatch Act of 

25 1887). 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 3828 IH

1 ‘‘(5) SHORTFALL PERCENTAGE.—The term 

2 ‘shortfall percentage’ means, with respect to a short3 fall State, the percentage that equals 100 percentage 

4 points minus the number of percentage points by 

5 which a shortfall State is deficient in providing 

6 matching funds below 50 percentage points, as de7 scribed in paragraph (6)(B). 

8 ‘‘(6) SHORTFALL STATE.—In this section, the 

9 term ‘shortfall State’ means a State— 

10 ‘‘(A) in which at least one 1862-institution 

11 and at least one 1890-institution are located; 

12 and 

13 ‘‘(B) that provides matching funds in an 

14 amount equal to 50 percent or less of the re15 search funds to be distributed to such land16 grant colleges and universities. 

17 ‘‘(b) DETERMINATION OF NON-FEDERAL SOURCES

18 OF FUNDS.—Beginning not later than September 30, 

19 2016, and each September 30 thereafter, each land-grant 

20 college or university in a distribution formula State shall 

21 submit to the Secretary a report describing for the pre22 ceding fiscal year— 

23 ‘‘(1) the sources of non-Federal funds made 

24 available by the State to the land-grant college or 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 3828 IH

1 university for agricultural research to meet the re2 quirement of section 1449; and 

3 ‘‘(2) the amount of such funds generally avail4 able from each source. 

5 ‘‘(c) DISTRIBUTION FORMULA.— 

6 ‘‘(1) IN GENERAL.—Beginning with fiscal year 

7 2016, in the case of a distribution formula State, 

8 the amount of research funds to be distributed to 

9 land-grant colleges and universities in such State 

10 shall be distributed in accordance with paragraph 

11 (2). 

12 ‘‘(2) FORMULA.— 

13 ‘‘(A) IN GENERAL.—Of the research funds 

14 available to be distributed to a land-grant col15 lege or university in a distribution formula 

16 State for a fiscal year, such funds shall be dis17 tributed such that the ratio described in sub18 paragraph (B) for land-grant colleges and uni19 versities in the State is made to equal the fully 

20 matched ratio for land-grant colleges and uni21 versities in the State. 

22 ‘‘(B) ADJUSTED DISTRIBUTION RATIO.— 

23 The ratio described in this subparagraph is— 

24 ‘‘(i) the ratio that, in the case of an 

25 1862-institution in a State, the sum of the 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 3828 IH

1 amount of funds to be distributed to such 

2 institution under the Act of March 2, 1887 

3 (7 U.S.C. 361a et seq.; commonly known 

4 as the Hatch Act of 1887), for a fiscal 

5 year and the amount of matching funds 

6 the State provides to such institution for 

7 such fiscal year bears to, with respect to 

8 each other land-grant college or university 

9 in the State, the sum of the amount of 

10 funds to be distributed to such other land11 grant college or university in the State 

12 under such Act or under section 1445, as 

13 the case may be, for such fiscal year and 

14 the amount of matching funds the State 

15 provides to such college or university for 

16 such fiscal year; or 

17 ‘‘(ii) the ratio that, in the case of an 

18 1890-institution in a State, the sum of the 

19 amount of funds to be distributed to such 

20 institution under section 1445 for a fiscal 

21 year and the amount of matching funds 

22 the State provides to such institution for 

23 such fiscal year bears to, with respect to 

24 each other land-grant college or university 

25 in the State, the sum of the amount of 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•HR 3828 IH

1 funds to be distributed to such land-grant 

2 college or university in the State under 

3 section 1445 or under the Act of March 2, 

4 1887 (7 U.S.C. 361a et seq.; commonly 

5 known as the Hatch Act of 1887), as the 

6 case may be, for such fiscal year and the 

7 amount of matching funds the State pro8 vides to such college or university for such 

9 fiscal year. 

10 ‘‘(3) TREATMENT OF SHORTFALL STATES.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the formula described in paragraph 

13 (2)(A) shall apply with respect to the distribu14 tion of extension funds to land-grant colleges 

15 and universities in a shortfall State in the same 

16 manner as such formula applies to the distribu17 tion of extension funds to land-grant colleges 

18 and universities in a distribution formula State 

19 for a fiscal year. 

20 ‘‘(B) AMOUNT OF FEDERAL FUNDS AVAIL21 ABLE FOR DISTRIBUTION.—In the case of a 

22 shortfall State, the total amount of extension 

23 funds available to be distributed to the land24 grant colleges and universities in such State 

25 shall equal the product of— 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•HR 3828 IH

1 ‘‘(i) the total amount which such col2 leges and universities are eligible to receive 

3 under the Act of March 2, 1887 (7 U.S.C. 

4 361a et seq.; commonly known as the 

5 Hatch Act of 1887), and section 1445 for 

6 a fiscal year; and 

7 ‘‘(ii) the shortfall percentage for such 

8 State and such fiscal year.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 1449 of 

10 the National Agricultural Research, Extension, and 

11 Teaching Policy Act of 1977 (7 U.S.C. 3222d) is amend12 ed— 

13 (1) in subsection (c), by striking ‘‘subtitle, the 

14 State shall provide’’ and inserting ‘‘subtitle, the 

15 State shall provide to eligible institutions, with re16 spect to the maximum amount such institutions are 

17 eligible to receive under sections 1444 and 1445,’’; 

18 (2) by striking subsection (d); and 

19 (3) by redesignating subsections (e) and (f) as 

20 subsections (d) and (e), respectively. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS