Title 20EducationRelease 119-73

§130aa–3 Withdrawals and expenditures

Title 20 › Chapter CHAPTER 8— - HOWARD UNIVERSITY › Subchapter SUBCHAPTER II— - ENDOWMENT › § 130aa–3

Last updated Apr 6, 2026|Official source

Summary

The University can use earnings from its endowment to pay for its normal costs, like upkeep, staff pay, building work, student and community programs, technical help, and research. It cannot use endowment income or the principal (the original fund amount, called the corpus) to support its top executives or to start any commercial business begun after January 1, 1981. Normally, the University must not take out more than 50 percent of the total endowment income earned up to the time of withdrawal. The Secretary can allow the University to withdraw more than 50 percent if there is a serious need, such as a financial emergency (for example, possible insolvency or a short-term cash problem), a life‑threatening natural disaster or arson, or another urgent unusual event. If the University spends more than allowed, it must repay the Secretary 50 percent of the excess. If the University spends any of the principal (corpus), it must repay 50 percent of that amount plus any income earned on it.

Full Legal Text

Title 20, §130aa–3

Education — Source: USLM XML via OLRC

(a)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)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)(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.

Reference

Citations & Metadata

Citation

20 U.S.C. § 130aa–3

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73