-CITE-

20 USC CHAPTER 8 - HOWARD UNIVERSITY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

.

-HEAD-

CHAPTER 8 - HOWARD UNIVERSITY

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

121. Annual report of president and directors.

122. Limitation on use of appropriations.

123. Annual appropriations; inspection by Secretary of Education.

124. Transfer of Freedmen's Hospital to Howard University.

(a) Purpose; authorization; agreement.

(b) Congressional intent.

(c) Report to Congress.

125. Employees of hospital.

(a) Opportunity to transfer; guarantee of rights and

benefits.

(b) Placement of employees in comparable Federal

positions.

(c) Services performed in the employ of United

States.

126. Authorization of appropriations for construction of hospital

facilities.

127. Transfer of facilities by University or cessation of operation

as teaching hospital facilities; recovery of value by United

States.

128. Authorization of appropriations for partial support of

operation of facilities; separate account.

129. Financial policy; report to Congress.

130. Purchases through the General Services Administration.

130a. Financial and program audit by Secretary.

SUBCHAPTER II - ENDOWMENT

130aa. Definitions.

130aa-1. Program authorized.

130aa-2. Investments.

130aa-3. Withdrawals and expenditures.

(a) Defrayment of expenses; restrictions on use of

income or corpus; limits on withdrawals or

expenditures.

(b) Authority of Secretary; withdrawal or expenditure

beyond limits; circumstances demonstrating

necessity.

(c) Repayment of Federal share of amounts improperly

expended or withdrawn; endowment fund corpus;

income.

130aa-4. Enforcement.

130aa-5. Authorization of appropriations.

-CITE-

20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

20 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 121. Annual report of president and directors

-STATUTE-

The president and directors of Howard University shall report to

the Secretary of Education the condition of the institution on the

1st of July of each year, embracing therein the number of pupils

received and discharged or leaving the same for any cause during

the preceding year, and the number remaining; also, the branches of

knowledge and industry taught and the progress made therein

together with a statement showing the receipts of the institution

and from what sources, and its disbursements, and for what objects.

-SOURCE-

(July 1, 1898, ch. 546, Sec. 1, 30 Stat. 624; 1940 Reorg. Plan No.

IV, Sec. 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(M),

title V, Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred all

functions of Secretary of Health, Education, and Welfare under this

subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out in the Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to

administration of Howard University transferred to Federal Security

Agency to be administered under direction and supervision of

Federal Security Administrator, and annual report required to be

furnished to Secretary of the Interior by President and directors

of said University was directed to be furnished to Federal Security

Administrator, by Reorg. Plan No. IV of 1940, set out in the

Appendix to Title 5.

-MISC5-

SIMILAR PROVISIONS

A similar requirement of a report of the expenditures of the

University accompanied the appropriation for the same purposes in

the following prior acts:

Mar. 3, 1893, ch. 208, 27 Stat. 595.

Aug. 5, 1892, ch. 380, 27 Stat. 372.

Mar. 3, 1891, ch. 542, 26 Stat. 973.

-CITE-

20 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 122. Limitation on use of appropriations

-STATUTE-

No part of the appropriations made by Congress for the Howard

University shall be used, directly or indirectly, for the support

of the theological department of said university, nor for the

support of any sectarian, denominational, or religious instruction

therein; and no part thereof shall be paid to said university until

it shall accord to the Secretary of Education, or to his designated

agent or agents, authority to visit and inspect such university and

to control and supervise the expenditure therein of all moneys paid

under said appropriations.

-SOURCE-

(Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg. Plan No. IV,

Sec. 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953

Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(M), title V,

Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred all

functions of Secretary of Health, Education, and Welfare under this

subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out in the Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to

administration of Howard University transferred to Federal Security

Agency to be administered under direction and supervision of

Federal Security Administrator by Reorg. Plan No. IV of 1940, set

out as a note in the Appendix to Title 5.

-MISC5-

PRIOR PROVISIONS

Similar prior provisions were contained in act July 1, 1898, ch.

546, 30 Stat. 624.

-CITE-

20 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 123. Annual appropriations; inspection by Secretary of

Education

-STATUTE-

Annual appropriations are authorized to aid in the construction,

development, improvement, endowment, and maintenance of the

university, no part of which shall be used for religious

instruction. The university shall at all times be open to

inspection by the Secretary of Education and shall be inspected by

the said Secretary at least once each year.

-SOURCE-

(Mar. 2, 1867, ch. 162, Sec. 8, 14 Stat. 439; Dec. 13, 1928, ch.

26, 45 Stat. 1021; 1940 Reorg. Plan No. IV, Sec. 11(c), eff. June

30, 1940, 5 F.R. 2422, 54 Stat. 1237; Aug. 7, 1946, ch. 770, Sec.

1(60), 60 Stat. 871; Pub. L. 96-88, title III, Sec. 301(a)(2)(M),

title V, Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L.

98-480, title II, Sec. 208, Oct. 17, 1984, 98 Stat. 2247.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-480 inserted ''endowment,'' after

''improvement,''.

1946 - Act Aug. 7, 1946, repealed third sentence which required

that an annual report of the affairs of the university be presented

to Congress in the report of Office of Education.

1928 - Act Dec. 13, 1928, authorized annual appropriations for

the university, prohibited use of funds for religious instruction,

made the university subject to inspection at least once a year by

the Bureau of Education, and substituted provision that the annual

report of the university's affairs be presented to Congress by the

Bureau for provision that the Board of Trustees publish such an

annual report.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-480 effective Oct. 1, 1984, see section

209 of Pub. L. 98-480, set out as an Effective Date note under

section 130aa of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88 which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred all

functions of Secretary of Health, Education, and Welfare under this

subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the

Appendix to Title 5, Government Organization and Employees. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953.

Office of Education transferred to Federal Security Agency by

Reorg. Plan No. I of 1939, Sec. 201, 204, eff. July 1, 1939, set

out in the Appendix to Title 5.

Office of Education created and placed in Department of the

Interior by the act of July 20, 1868, ch. 176, 15 Stat. 106, which

abolished the Department of Education. In the appropriation act of

July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated the

Bureau of Education. This designation was retained until the act of

May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations

for the ''Office of Education.''

-MISC5-

REPORTS CONTINUED

Office of Education was directed to continue its inspections of

Howard University in accordance with provisions of existing law, by

Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1063, 1066c of this

title.

-CITE-

20 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 124. Transfer of Freedmen's Hospital to Howard University

-STATUTE-

(a) Purpose; authorization; agreement

For the purpose of assisting in the provision of teaching

hospital resources for Howard University, thereby assisting the

university in the training of medical and allied personnel and in

providing hospital services for the community, the Secretary of

Health, Education, and Welfare shall, pursuant to agreement with

the board of trustees of Howard University, transfer to Howard

University, without reimbursement, all right, title, and interest

of the United States in certain lands in the District of Columbia,

together with the buildings and improvements thereon and the

personal property used in connection therewith (as determined by

the Secretary), commonly known as Freedmen's Hospital.

(b) Congressional intent

It is the intent of Congress (1) that the transfer of Freedmen's

Hospital to Howard University be effected as soon as practicable,

(2) to assure the well-being of patients at Freedmen's Hospital

during the period of transition, and (3) that the transfer be

effected with minimum dislocation of the present hospital staff and

maximum consideration of their interests as employees.

(c) Report to Congress

The Secretary of Health, Education, and Welfare shall report to

the Congress the terms of the agreement for such transfer.

-SOURCE-

(Pub. L. 87-262, Sec. 1, Sept. 21, 1961, 75 Stat. 542.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare under

laws relating to relationship between Howard University and

Department of Health, Education, and Welfare transferred to

Secretary of Education by section 3441(a)(2)(M) of this title.

-MISC5-

REPEAL OF LAWS APPLICABLE TO FREEDMEN'S HOSPITAL

Section 7 of Pub. L. 87-262 provided that: ''All laws heretofore

applicable specifically to Freedmen's Hospital are, to the extent

of such applicability, repealed, effective with the transfer of

Freedmen's Hospital pursuant to section 1 (this section).''

TRANSFER OF FUNDS

Section 8 of Pub. L. 87-262 provided that: ''All unexpended

balances of appropriations, allocations, and other funds, available

or to be made available, of Freedmen's Hospital are, effective with

the transfer of Freedmen's Hospital pursuant to section 1 (this

section), transferred to Howard University for use in the operation

of the Howard University Hospital facilities, except to the extent

(determined by the Director of the Bureau of the Budget (Director

of the Office of Management and Budget)) required to meet

obligations already incurred and not assumed by the university.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 125, 126, 127, 128 of

this title.

-CITE-

20 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 125. Employees of hospital

-STATUTE-

(a) Opportunity to transfer; guarantee of rights and benefits

The agreement for transfer of Freedmen's Hospital referred to in

section 124 of this title shall include provisions to assure that -

(1) all individuals who are career or career-conditional

employees of the hospital on the day preceding the effective date

of the transfer of the hospital, except those in positions with

respect to which they have been notified not less than six months

prior to the effective date of such transfer that their positions

are to be abolished, will be offered an opportunity to transfer

to Howard University;

(2) Howard University -

(A) will not reduce the salary levels for such employees who

transfer,

(B) will deposit currently (i) in the civil service

retirement and disability fund referred to in section 8348 of

title 5, the employee deductions and agency contributions

required by subchapter III of chapter 83 of title 5, and (ii)

in the fund referred to in section 8714 of title 5, the

employee deductions and agency contributions required by

chapter 87 of title 5.

(C) will provide other benefits for such employees as nearly

equivalent as may be practicable to those generally applicable,

on the effective date of the transfer of the hospital, to

civilian employees of the United States, and

(D) in determining the seniority rights of its employees,

Howard University will credit service with Freedmen's Hospital

performed by such employees who transfer, on the same basis as

it would credit such service had it been performed for such

University;

(3) the transfer will become effective not later than the

beginning of the second month which begins after construction of

the new hospital facilities authorized by section 126 of this

title is commenced.

(b) Placement of employees in comparable Federal positions

The Department of Health, Education, and Welfare shall make every

reasonable effort to place in other comparable Federal positions

all individuals who are career or career-conditional employees of

Freedmen's Hospital on September 21, 1961 and who do not transfer

to Howard University.

(c) Services performed in the employ of United States

Each individual who is an employee of Freedmen's Hospital on

September 21, 1961 and who transfers to Howard University shall, so

long as he is continuously in the employ of Howard University, be

regarded as continuing in the employ of the United States for the

purposes of subchapter III of chapter 83 of title 5, chapter 87 of

title 5. For purposes of section 3121(b) of title 26 and section

410 of title 42, service performed by such individual during the

period of his employment at Howard University shall be regarded as

though performed in the employ of the United States.

-SOURCE-

(Pub. L. 87-262, Sec. 2, Sept. 21, 1961, 75 Stat. 542; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-COD-

CODIFICATION

In subsec. (a)(2)(B), ''civil service retirement and disability

fund referred to in section 8348 of title 5'' substituted for

''civil service retirement and disability fund required by the Act

of May 22, 1920'' on authority of Pub. L. 89-554, Sec. 7(b), Sept.

6, 1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees. Previously, act May 22,

1920, ch. 195, 41 Stat. 614, was superseded by act May 29, 1930,

known as the Civil Service Retirement Act of 1930, which was

generally amended by act July 31, 1956, ch. 804, Sec. 401, 70 Stat.

743.

In subsecs. (a)(2)(B) and (c), ''subchapter III of chapter 83 of

title 5'' substituted for ''the Civil Service Retirement Act'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5.

In subsec. (a)(2)(B), ''fund referred to in section 8714 of title

5'' substituted for ''the fund created by section 5(c) of the

Federal Employees' Group Life Insurance Act of 1954'' and, in

subsecs. (a)(2)(B) and (c), ''chapter 87 of title 5'' substituted

for ''the Federal Employees' Group Life Insurance Act of 1954'', on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5.

-MISC3-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954'', which for

purposes of codification was translated as ''title 26'' thus

requiring no change in text.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare under

laws relating to relationship between Howard University and

Department of Health, Education, and Welfare transferred to

Secretary of Education by section 3441(a)(2)(M) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 128 of this title.

-CITE-

20 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 126. Authorization of appropriations for construction of

hospital facilities

-STATUTE-

For the purpose specified in section 124 of this title, there are

authorized to be appropriated such sums as may be necessary for the

construction of a building or buildings and facilities, including

equipment, and for remodeling of existing buildings (including

repair and replacement of equipment) which are to be combined with

the building or buildings and facilities so constructed, to provide

a hospital with a capacity of not to exceed five hundred beds.

-SOURCE-

(Pub. L. 87-262, Sec. 3, Sept. 21, 1961, 75 Stat. 543.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 125, 127, 128, 129 of

this title.

-CITE-

20 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 127. Transfer of facilities by University or cessation of

operation as teaching hospital facilities; recovery of value by

United States

-STATUTE-

If, within twenty years after the completion of construction (as

determined by the Secretary of Health, Education, and Welfare) of

the new hospital facilities authorized by section 126 of this

title, any of such facilities, or of the facilities transferred

pursuant to section 124 of this title and combined with such new

facilities, are transferred by Howard University to any other

person or entity (except a transfer to the United States) or cease

to be operated by the university as teaching hospital facilities,

the United States shall be entitled to recover from the transferee

or the university, in the case of a transfer, or from the

university, if there is no transfer, an amount equal to the then

value of such facilities (or so much thereof as is involved in the

transfer, as the case may be), such value to be determined by

agreement of the parties or by action brought in the United States

District Court for the District of Columbia.

-SOURCE-

(Pub. L. 87-262, Sec. 4, Sept. 21, 1961, 75 Stat. 543.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare under

laws relating to relationship between Howard University and

Department of Health, Education, and Welfare transferred to

Secretary of Education by section 3441(a)(2)(M) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 128 of this title.

-CITE-

20 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 128. Authorization of appropriations for partial support of

operation of facilities; separate account

-STATUTE-

In order to facilitate operation of teaching hospital facilities

at Howard University, there are authorized to be appropriated

annually to the university such sums as the Congress may determine,

for the partial support of the operation of such facilities giving

consideration to the cost imposed by the provisions of section 125

of this title and the portion of the agreement under sections 124

to 129 of this title relating to such provisions. The cost of

operating such facilities, the appropriations pursuant to this

section, and any other income derived from such operation or

available for such purpose shall be identified and accounted for

separately in the accounts of the university.

-SOURCE-

(Pub. L. 87-262, Sec. 5, Sept. 21, 1961, 75 Stat. 543.)

-CITE-

20 USC Sec. 129 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 129. Financial policy; report to Congress

-STATUTE-

It is declared to be the policy of the Congress that, to the

extent consistent with good medical teaching practice, the Howard

University Hospital facilities shall become progressively more

self-supporting. In order to further this policy, the President

shall submit to the Congress a report, based on a study of the

financing of the operation of the hospital, containing his

recommendations on the rate at which, consistent with the above

policy, Federal financial participation in such cost of operation

shall be reduced. Such report shall be submitted not later than

the end of the second calendar year following the year in which the

construction of the new hospital facilities, authorized by section

126 of this title, is completed.

-SOURCE-

(Pub. L. 87-262, Sec. 6, Sept. 21, 1961, 75 Stat. 544.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 128 of this title.

-CITE-

20 USC Sec. 130 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 130. Purchases through the General Services Administration

-STATUTE-

On and after September 8, 1978, Howard University is authorized

to make purchases through the General Services Administration.

-SOURCE-

(Pub. L. 95-355, title I, Sec. 100, Sept. 8, 1978, 92 Stat. 531.)

-COD-

CODIFICATION

Section is from the Second Supplemental Appropriations Act, 1978,

and contained additional provisions relating to purchases by the

American Printing House for the Blind, Gallaudet University, and

the National Technical Institute for the Deaf, which are set out in

sections 106 and 4362 of this title.

-CITE-

20 USC Sec. 130a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 130a. Financial and program audit by Secretary

-STATUTE-

Funds appropriated in this Act or subsequent Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Acts to Howard University shall be subject

to financial and program audit by the Secretary of Education and

the Secretary may withhold all or any portion of these

appropriations if he determines that an institution has not

cooperated fully in the conduct of such audits.

-SOURCE-

(Pub. L. 102-394, title III, Sec. 301, Oct. 6, 1992, 106 Stat.

1819.)

-COD-

CODIFICATION

Section is from the Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Act,

1993, and contained additional provisions relating to the American

Printing House for the Blind, Gallaudet University, and the

National Technical Institute for the Deaf, which are set out as

sections 106a and 4363 of this title, respectively.

-CITE-

20 USC SUBCHAPTER II - ENDOWMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

.

-HEAD-

SUBCHAPTER II - ENDOWMENT

-CITE-

20 USC Sec. 130aa 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term ''endowment fund'' means a fund, or a tax exempt

foundation, established and maintained by Howard University for

the purpose of generating income for its support, but which shall

not include real estate;

(2) the term ''endowment fund corpus'' means an amount equal to

the grants awarded under this subchapter plus an amount equal to

such grants provided by Howard University;

(3) the term ''endowment fund income'' means an amount equal to

the total value of the endowment fund established under this

subchapter minus the endowment fund corpus;

(4) the term ''Secretary'' means the Secretary of Education;

and

(5) the term ''University'' means the Howard University

established by the Act of March 2, 1867.

-SOURCE-

(Pub. L. 98-480, title II, Sec. 202, Oct. 17, 1984, 98 Stat. 2245.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 2, 1867, referred to in par. (5), is act Mar. 2,

1867, ch. 162, 14 Stat. 438, as amended. Section 8 of this Act is

classified to section 123 of this title. For complete

classification of this Act to the Code, see Tables.

-MISC2-

EFFECTIVE DATE

Section 209 of title II of Pub. L. 98-480 provided that: ''This

title (see Short Title note below) shall take effect on October 1,

1984.''

SHORT TITLE

Section 201 of title II of Pub. L. 98-480 provided that: ''This

title (enacting this subchapter, amending section 123 of this

title, and enacting provisions set out as a note above) may be

cited as the 'Howard University Endowment Act'.''

-CITE-

20 USC Sec. 130aa-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa-1. Program authorized

-STATUTE-

(a) The Secretary is authorized to establish an endowment

program, in accordance with the provisions of this subchapter, for

the purpose of establishing or increasing endowment funds,

providing additional incentives to promote fundraising activities,

and encouraging independence and self-sufficiency at the

University.

(b)(1) From the funds appropriated pursuant to this subchapter

for endowments in any fiscal year for the University, the Secretary

is authorized to make grants to Howard University. The Secretary

may enter into agreements with the University and include in any

agreement made pursuant to this subchapter such provisions deemed

necessary by the Secretary to assure that the purposes of this

subchapter will be achieved.

(2) The University may receive a grant under this section only if

it has deposited in the endowment fund established under this

subchapter an amount equal to such grant and has adequately assured

the Secretary that it will administer the endowment fund in

accordance with the requirements of this subchapter. The source of

funds for this institutional match shall not include Federal funds

or funds derived from an existing endowment fund.

(3) The period of any grant under this section shall not exceed

twenty years, and during such period the University shall not

withdraw or expend any of its endowment fund corpus. Upon the

expiration of any grant period, the University may use the

endowment fund corpus plus any endowment fund income for any

educational purpose.

-SOURCE-

(Pub. L. 98-480, title II, Sec. 203, Oct. 17, 1984, 98 Stat. 2245.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 130aa-5 of this title.

-CITE-

20 USC Sec. 130aa-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa-2. Investments

-STATUTE-

(a) The University shall invest its endowment fund corpus and

endowment fund income in those low-risk instruments and securities

in which a regulated insurance company may invest under the law of

the District of Columbia, such as federally insured bank savings

account or comparable interest bearing account, certificate of

deposit, money market fund, mutual fund, or obligations of the

United States.

(b) The University, in investing its endowment fund corpus and

income, shall exercise the judgment and care, under circumstances

then prevailing, which a person of prudence, discretion, and

intelligence would exercise in the management of his own business

affairs.

-SOURCE-

(Pub. L. 98-480, title II, Sec. 204, Oct. 17, 1984, 98 Stat. 2246.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 130aa-4 of this title.

-CITE-

20 USC Sec. 130aa-3 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa-3. Withdrawals and expenditures

-STATUTE-

(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) of this section, 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-

(Pub. L. 98-480, title II, Sec. 205, Oct. 17, 1984, 98 Stat. 2246.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 130aa-4 of this title.

-CITE-

20 USC Sec. 130aa-4 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa-4. Enforcement

-STATUTE-

(a) After notice and an opportunity for a hearing, the Secretary

is authorized to terminate and recover any grant awarded under this

subchapter if the University -

(1) withdraws or expends any endowment fund corpus, or any

endowment fund income in excess of the amount authorized by

section 130aa-3 of this title;

(2) fails to invest its endowment fund corpus or income in

accordance with the investment standards set forth in section

130aa-2 of this title; or

(3) fails to account properly to the Secretary concerning

investments and expenditures of its endowment fund corpus or

income.

(b) If the Secretary terminates a grant under subsection (a) of

this section, the University shall return to the Treasury of the

United States an amount equal to the sum of the original grant or

grants under this subchapter (FOOTNOTE 1) plus any income earned

thereon. The Secretary may direct the University to take such

other appropriate measures to remedy any violation of this

subchapter and to protect the financial interest of the United

States.

(FOOTNOTE 1) See Codification note below.

-SOURCE-

(Pub. L. 98-480, title II, Sec. 206, Oct. 17, 1984, 98 Stat. 2247.)

-COD-

CODIFICATION

This subchapter, the first time it appears in subsec. (b), was in

the original ''this Act'' which was translated as reading ''this

title'', meaning title II of Pub. L. 98-480, Oct. 17, 1984, 98

Stat. 2236, as the probable intent of Congress.

-CITE-

20 USC Sec. 130aa-5 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 8 - HOWARD UNIVERSITY

SUBCHAPTER II - ENDOWMENT

-HEAD-

Sec. 130aa-5. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated $2,000,000 for the

purposes authorized under section 130aa-1 of this title. Funds

appropriated under this section shall remain available until

expended.

-SOURCE-

(Pub. L. 98-480, title II, Sec. 207, Oct. 17, 1984, 98 Stat. 2247.)

-CITE-