H.R. 8913

Protecting American Students Act

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Union Calendar No. 798

118th CONGRESS

2d Session

H. R. 8913

[Report No. 118–949]

IN THE HOUSE OF REPRESENTATIVES

July 2, 2024

Mr. Ferguson (for himself, Mr. Kelly of Pennsylvania, Mrs. Miller of West Virginia, Mr. Murphy, Mr. Kustoff, Ms. Tenney, Mr. Moore of Utah, Ms. Malliotakis, and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Ways and Means

December 24, 2024

Additional sponsor: Mr. Smith of Nebraska

December 24, 2024

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on July 2, 2024


A BILL

To amend the Internal Revenue Code of 1986 to exclude certain students from the calculation to determine if certain private colleges and universities are subject to the excise tax on net investment income, and for other purposes.


1.

Short title

This Act may be cited as the Protecting American Students Act.

2.

Certain students not taken into account for purposes of calculation to determine if certain private colleges and universities are subject to excise tax on net investment income

(a)

In general

Section 4968(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(3)

Certain students not taken into account in determining endowment threshold

For purposes of paragraph (1)(D), a student shall not be taken into account with respect to an eligible educational institution unless such student meets the student eligibility requirements under section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5)).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2024.

3.

Requirement to report certain information with respect to application of excise tax based on investment income of private colleges and universities

(a)

In general

Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection:

(o)

Requirement to report certain information with respect to excise tax based on investment income of private colleges and universities

Each applicable educational institution described in section 4968(b) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a)—

(1)

the number of students taken into account for purposes of the calculation in paragraph (1)(D) of section 4968(b) (determined before the application of paragraph (3) of such section), and

(2)

the number of students taken into account for purposes of the calculation in paragraph (1)(D) of section 4968(b) (determined after the application of paragraph (3) of such section).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2024.

December 24, 2024

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed