House Republicans have revived and are looking to push through legislation this week that would hand President-elect Donald Trump's incoming administration sweeping power to investigate and shut down nonprofit organizations, including news outlets and humanitarian groups.
The bill, H.R. 9495, failed to pass the House last week despite bipartisan support because the Republican leadership attempted to pass the measure using a fast-track procedure that requires a two-thirds majority vote. More than 50 Democrats, including Rep. Adam Schiff (D-Calif.) and other prominent members, backed the legislation in last week's vote, along with 204 Republicans.
This time, the GOP is attempting to advance the bill through regular order, meaning it can pass with a simple majority. The Republican-controlled House Rules Committee is scheduled to hold a markup hearing for H.R. 9495 on Monday.
After learning of the hearing, advocacy organizations that mobilized against the bill redoubled their warnings about its dire implications for free expression and the right to dissent—particularly in the hands of a would-be authoritarian who has vowed to prosecute his political enemies.
"The bill we defeated days ago is back," the U.S. Campaign for Palestinian Rights wrote on social media over the weekend. "Representatives are trying to ram through H.R. 9495, a repressive bill that could shut down nonprofits & student groups supporting Palestinian rights."
The legislation, if passed, would give the Treasury Department the authority to unilaterally strip nonprofits of their tax-exempt status by designating them supporters of terrorism. As of this writing, Trump has not announced his pick to lead the Treasury Department.
While the bill provides a brief period for an accused nonprofit to defend itself, the ACLU said the provision "is a mere illusion of due process," noting that the federal government would be able to "deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations."
Abby Maxman, president and CEO of Oxfam America, warned in a statement after Republicans revived the bill that H.R. 9495 "would grant the Trump administration, and any future administration, the ability to silence and censor its critics, curb free speech, target political opponents, and punish crucial organizations that speak truth to power and help people in the United States and around the world."
"This bill would increase the powers of the president at the expense of all of our freedoms, and could impact not only organizations like Oxfam, but other nonprofits, news outlets, or even universities who dare to dissent," said Maxman. "It could put our ability to respond to some of the worst humanitarian crises at risk and prevent us from delivering lifesaving aid to some of the world's most marginalized people."
"This bill follows the same playbook Oxfam has seen other governments around the world use to crush dissent. Now we are seeing it here at home," Maxman added. "We urge the House of Representatives to reject this dangerous bill and to protect our freedom of speech and our right to dissent."
It's not clear whether the U.S. Senate, narrowly controlled by Democrats, would bring H.R. 9495 to the floor for a vote if it passes the House this week, or whether President Joe Biden would sign it into law. But Republicans will gain full control of Congress and the White House starting in January, giving them the ability to push the legislation through at a later date.
"Their rush to reconsider this bill is solely to offer Trump more and more power, while Trump's nominees for key national security posts this week indicate how he will be using it," Rep. Lloyd Doggett (D-Texas), a leading opponent of the measure, toldThe Intercept on Friday.