House Advances Dangerous Legislation That Would Give the Trump Administration Unprecedented Powers To Crush Dissent

WASHINGTON — On Thursday, the House of Representatives passed H.R. 9495, a bill that would grant the executive branch broad and easily abused powers to revoke the tax-exempt status of a nonprofit by merely claiming that it is a “terrorist supporting organization.” The dangerous legislation had failed to pass on a vote held last week that required a two-thirds majority. It needed only a simple majority to pass today. The final tally for the vote was 219 in favor and 184 against.

While today’s vote is a grave setback for free-speech rights in America, the legislation still needs to pass the Senate. More members of Congress are coming out against H.R. 9495 as hundreds of civil-society groups and their members across the political spectrum urge lawmakers to reject the bill. These groups are encouraged to see a considerable number of representatives change their earlier votes to oppose the legislation today.  

“I also stand in opposition to this bill,” said Rep. Don Beyer (D–Virginia) during floor debate on Thursday. “Under the leadership of an unscrupulous authoritarian, it is not hard to imagine how an administration could use the powers in this bill to hinder or dismantle organizations that the leaders do not like.” 

According to the legislation, the Treasury Department could revoke a nonprofit’s tax-exempt status without fundamental due process — without having to produce evidence justifying the decision.

Free Press Action Policy Counsel Jenna Ruddock said:

“Today is a dark day for free-speech rights and freedom altogether. Make no mistake: The real intention of HR 9495 is to give the executive branch extra powers to suppress dissent. If it’s signed into law, the legislation would have a widespread chilling effect not only on nonprofit groups but on the millions of people across the United States who rely on these organizations to help them engage in the political process and access crucial services. The bill has dangerously broad statutory language that would allow the incoming Trump administration to interpret its authority in any number of harmful ways.  

"We’re encouraged by the mass mobilization of people who continue to call their members of Congress to urge opposition to HR 9495. In the past week, tens of thousands have picked up their phones or signed petitions to express deep concerns about this profoundly anti-democratic measure. And many in Congress are listening, as evidenced by the dozens of representatives who switched from yes votes last week to no votes today. 

“It’s now up to the Senate to kill HR 9495. We can guarantee that senators’ phones will be ringing nonstop as constituents warn against the dangers of this legislation. The potential for abuse is immense. The addition of this authority to the tax code would allow the Treasury Department to explicitly target, harass and investigate thousands of organizations that make up civil society, including nonprofit newsrooms, in the United States. The language of the bill lacks any safeguards against abuse, and puts the burden of proof on organizations rather than on the government. It’s extremely likely that the Trump administration would use it to exact revenge on groups that have raised questions about or simply angered the president-elect and other officials in his orbit. 

“The new authorities granted by HR 9495 are more like the boot heel of an authoritarian regime than the tools of a healthy democracy. This is why Free Press Action is urging every senator to oppose this bill. In the hands of an autocratic leader, it would undoubtedly be used as a sledgehammer to falsely label civil-society groups as terrorists and silence dissent.”

Background:
Free Press Action has joined more than 300 civil liberties, religious, reproductive health, immigrant rights, human rights, racial justice, LGBTQIA+, environmental and educational organizations on a letter to congressional leadership stating that H.R. 9495 would hand the executive branch “a tool it could use to curb free speech, censor nonprofit media outlets, target political opponents, and punish disfavored groups across the political spectrum.”