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20 U.S.C. § 130aa–3Withdrawals and expenditures

submitted 42 years ago by Pub. L. 98-480 to r/title-20-EDUCATION · 314 words · no verdicts yet

in plain englishAI-generated · not legal advice

Howard University can spend endowment income on operating costs, generally up to half of total income earned. The Secretary can allow more spending during a financial emergency, disaster, or similar crisis. Howard can never spend the endowment's corpus, and must repay half of anything improperly spent.

(a) Howard University can withdraw and spend its endowment fund income to cover expenses necessary to run the school — things like operations and maintenance, administration, academic and support staff, construction and renovation, community and student services, technical assistance, and research. None of the endowment income or corpus can go toward supporting the University's executive officers, or toward any commercial venture started after January 1, 1981. Except as allowed under subsection (b), Howard can't, in total, withdraw or spend more than 50 percent of all the endowment income it has earned up to that point. (b) The Secretary can let Howard withdraw or spend more than that 50 percent limit whenever Howard shows the extra spending is necessary because of (A) a financial emergency, like a possible insolvency or a temporary cash shortage; (B) a life-threatening situation caused by a natural disaster or arson; or (C) another unusual or urgent circumstance. (c) (1) If Howard withdraws or spends more endowment income than this section allows, it must repay the Secretary an amount equal to 50 percent of the excess — representing the federal government's share. (2) Howard can never withdraw or spend the endowment fund corpus at all. If it does, it must repay the Secretary 50 percent of the amount taken (the federal share), plus any income that money earned.
the actual law source: uscode.house.gov ↗public domain
(a) Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expenditures

The University may withdraw and expend its endowment fund income to defray any expenses necessary to its operation, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. No endowment fund income or corpus may be used for any type of support of the executive officers of the University or for any commercial enterprise or endeavor entered into after January 1, 1981. Except as provided in subsection (b), the University shall not, in the aggregate, withdraw or expend more than 50 per centum of the total aggregate endowment fund income earned prior to the time of withdrawal or expenditure.

(b) Authority of Secretary; withdrawal or expenditure beyond limits; circumstances demonstrating necessity

The Secretary is authorized to permit the University to withdraw or expend more than 50 per centum of its total aggregate endowment income whenever the University demonstrates such withdrawal or expenditure is necessary because of—

(A)

a financial emergency, such as a pending insolvency or temporary liquidity problem;

(B)

a life-threatening situation occasioned by a natural disaster or arson; or

(C)

another unusual occurrence or exigent circumstance.

(c) Repayment of Federal share of amounts improperly expended or withdrawn; endowment fund corpus; income
(1)

If the University withdraws or expends more than the endowment fund income authorized by this section, the University shall repay the Secretary an amount equal to 50 per centum of the amount improperly expended (representing the Federal share thereof).

(2)

The University shall not withdraw or expend any endowment fund corpus. If the University withdraws or expends any endowment fund corpus, the University shall repay the Secretary an amount equal to 50 per centum of the amount withdrawn or expended (representing the Federal share thereof) plus any income earned thereon.

Source credit: (Pub. L. 98–480, title II, § 205, Oct. 17, 1984, 98 Stat. 2246.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-480 · 98 Stat. 2246

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-480 on 1984-10-17.

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