House Plans a Second Vote on Legislation That Would Give the Executive Branch Unchecked Powers to Silence Dissent

WASHINGTON — This week, the House of Representatives will vote for the second time since Election Day on H.R. 9495, a bill that would grant the executive branch broad and easily abused powers to swiftly revoke the tax-exempt status of a nonprofit by asserting that it is a “terrorist supporting organization.” According to the legislation, the Treasury Department could make the designation without fundamental due process — without having to produce evidence justifying the decision.

In September, Free Press Action joined over 130 civil liberties, religious, reproductive health, immigrant rights, human rights, racial justice, LGBTQIA+, environmental and educational organizations to send a letter to House 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.”

Last week, the legislation failed on a “suspension” vote, a procedural mechanism that required a two-thirds majority to pass. (Exactly one-third of the House of Representatives — 144 Democrats and 1 Republican — voted against the bill.) This week’s vote will require only a simple majority to pass.  

Free Press Action Policy Counsel Jenna Ruddock said:

“Make no mistake, HR 9495 would have a widespread chilling effect. It has dangerously broad statutory language that would allow the executive branch to interpret its authority in any number of harmful ways. HR 9495 would become an operational part of the Trump administration’s scheme to silence critics and evade accountability. It would set a dangerous and likely unconstitutional precedent to go after nonprofits under the guise of criminality. 

“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 in the United States. The language of the bill lacks any safeguards against abuse, making it likely that the incoming administration would use it to take revenge on groups that have raised questions about its abuse of power or otherwise angered the president. It’s this high risk of politicized and discriminatory enforcement — without guardrails — that has compelled hundreds of groups from across the political spectrum to oppose the legislation. 

“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 has urged every member of the House to oppose this bill. In the hands of an autocratic leader, it would undoubtedly be used to cloak censorship behind bogus rhetoric about national security.”