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7 U.S.C ยง 323
TITLE 7--AGRICULTURE
CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
SUBCHAPTER II--COLLEGE-AID ANNUAL APPROPRIATION
Sec. 323. Racial discrimination by colleges restricted
No money shall be paid out under this subchapter to any State or
Territory for the support or 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 said sections 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 subchapter I of this chapter, 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 own 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 said
subchapter I, the legislature of such State may propose and report to
the Secretary of Agriculture a just and equitable division of the fund
to be received under this subchapter 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 said sections and subject to their provisions, as much
as it would have been if it had been included under subchapter I of this
chapter, 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.
(Aug. 30, 1890, ch. 841, Sec. 1, 26 Stat. 417; 1939 Reorg. Plan No. 1,
Secs. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953
Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67
Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(2)(E),
93 Stat. 677; Dec. 22, 1981, Pub. L. 97-98, title XIV, Sec. 1419, 95
Stat. 1306.)
Codification
Section constitutes part of section 1 of act Aug. 30, 1890.
Remainder of section 1 is classified to section 322 of this title.
Transfer of Functions
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
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