PolicyBrief
S. 2045
119th CongressJun 12th 2025
Protecting Endowments from Our Adversaries Act
IN COMMITTEE

This bill imposes steep federal excise taxes on large private universities that invest in entities listed on U.S. government watchlists.

Pete Ricketts
R

Pete Ricketts

Senator

NE

LEGISLATION

University Endowments Face 50% Tax on Investments Linked to US Watchlists

This bill, officially the Protecting Endowments from Our Adversaries Act, introduces a harsh new federal excise tax aimed squarely at the investment strategies of the largest private colleges and universities. Essentially, if your school has more than $1 billion in assets—think the big, well-known private institutions—and it buys or holds investments connected to entities on specific U.S. government watchlists, the Treasury Department is coming for a cut, and it’s a big one.

The $1 Billion Club Gets a New Tax Bill

First, let’s talk about who this hits. It only targets private educational institutions that are sitting on assets exceeding the $1 billion mark. When calculating that threshold, the bill requires schools to lump in assets from related foundations and organizations, which means the net is cast pretty wide to catch all the major players. For the rest of us, this is important because these are the endowments that often fund research, financial aid, and campus operations, sometimes keeping tuition lower (or at least, less high).

The Immediate 50% Penalty

The core of this bill is a massive financial deterrent. If one of these large endowments acquires a “specified interest”—which means owning stock, debt, or even a contract tied to a person or company on a restricted list (like the Commerce Department’s Entity List or the FCC’s restricted equipment list)—they immediately owe a tax equal to 50 percent of the fair market value of that investment. Think about that: if a university buys $10 million worth of stock in a company that just landed on the Entity List, they owe $5 million in taxes the minute the trade settles. This is less of a tax and more of a financial amputation designed to force immediate compliance and disinvestment.

The 100% Tax on Short-Term Gains

If the 50% acquisition tax wasn't enough, the bill imposes an even higher penalty on income. If the university holds a “listed investment” for a year or less and recognizes income or gains from it, that income is taxed at 100 percent. That’s right—every single penny of net income from that short-term restricted investment goes to the government. This provision is clearly aimed at stopping schools from trying to quickly trade out of these investments or benefit from them even briefly after they land on a watchlist.

How This Hits Your Retirement Fund

Here’s where it gets complicated for everyday investors. The tax chain applies even if the university invests through a pooled fund, like a mutual fund or an Exchange-Traded Fund (ETF). If that pooled fund holds interests in restricted entities, the university’s share of that investment is still taxable. The Secretary of the Treasury can certify a pooled fund as clean, but until that happens, large university investors might have to pull out of popular, broadly held funds just to avoid the tax risk. This could create ripples in the investment world, potentially affecting the stability or management fees of funds that millions of regular people use for their 401(k)s or college savings plans.

The Real-World Impact on Education

While the goal is to stop U.S. capital from flowing to entities deemed national security risks, the cost is borne by these endowments. Endowments function like massive savings accounts that generate returns used to support the university budget. If they are forced to severely restrict their investment universe, or if they take a 50% hit on existing assets, their ability to generate those returns is diminished. This could translate directly into less funding for student aid, fewer research grants, or—most likely—pressure to increase tuition and fees to make up the difference. For the students and faculty at these billion-dollar institutions, this bill could quickly translate a national security policy into higher education costs and fewer resources.