The Nonprofit Strategy Group

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With today's #HR9495 vote in the U.S House of Representatives, I'm dismayed to see America joining the club of governments aiming increased force against #nonprofits. I say this as an American in Central + Eastern Europe, where I help #socialimpact organizations advancing progress, change, hope, and opportunity against some serious opposition. The intersection of #philanthropy, #politics, and #civilsociety is always in a delicate balance. Competing visions of "the good" invariably encounter the temptation to silence dissenting voices under the guise of national security, sovereignty, or traditional values. Or because those voices are irritating and annoying. Or because they're actually correct. Or because they're solving problems and concerns in ways that may embarrass those in power. H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, passed earlier today with a 219-184 vote. The bill would empower the U.S. Treasury Secretary to unilaterally strip nonprofits of their tax-exempt status. The legislation passed mostly along party lines, with 15 Democrats crossing over to vote in favor of this crap. A slippery slope you say? Yup. WIthin the past week, the fury of a charged up #nonprofitsector was heard and felt across Capitol Hill. The anger was not about only the nebulous "terrorism-supporting" designation. It’s the unprecedented power given to the executive branch, enabling the Treasury Secretary to dismantle any organization it doesn’t like. This is not some theoretical threat—this bill creates a vicious tool for *any* administration to target and dismantle #nonprofitorganizations it opposes. Anyone who’s been paying attention to anywhere in the world knows how easily political opponents, media outlets, community institutions, and religious organizations can all be threatened or intimdated under the guise of national security. This bill, coming so soon after an vicious election cycle, could easily become a tool of political retribution against any #nonprofit, #charity #advocacy or #philanthropy organization or stakeholder. H.R. 9495 isn’t about terrorism. It’s about silencing dissent and undermining our fraying civic fabric even further. It violates basic due process and sets an incredibly vile precedent. With the bill now moving to the Senate, it may face resistance from a narrow Democratic majority. If it passes, it will set a dangerous precedent that any future administration, regardless of party, can and will exploit to silence opposition and undermine basic fundamental freedoms. If it fails, it will surely rear its ugly head again. Challenging government policies, voicing dissent, or standing up for any cause *should* be uncomfortable and inconvenient for those in power who make mistakes and can do better. The power to deem something illegal without proof of threat or harm is a danger to all. When civil liberties are trampled underfoot, there’s no telling who will be next on the chopping block.

The Kill Nonprofits Bill (HR 9495) passed the House floor vote. The fight moves to the Senate. But here are the three ways we won: 1. We changed Democratic votes from 52 Yeas to only 15 Yeas. This was a huge swing, and a major success. Our voices were heard. We cannot ever be silent again. 2. We helped to bring attention to this un-American bill, so that it can not pass without notice, since nonprofit people, the media and the American people are distracted by gloom of the presidential election results and the current clown show of crazy cabinet nominations. 3. We got united and activated quickly. Together, nonprofit workers and other Americans delivered calls, petitions, lobbying efforts, and opposition statements that successfully educated our representatives and made our perspective heard. We cannot go back to being silent victims of government policy and behavior. Let’s stay united and activated. Even as they try to attack our existence and livelihoods, our presence and power will grow. If those 15 Democrats who voted Yeah, and the 15 Democrats who didn’t vote at all, had all voted against, then the bill would have failed. They could have made the difference. The weak, cowardly lemmings of the Trump-Republicans should be held to account. They ALL voted Yea — with the exception of ONE apparently brave soul, Kentucky Representative Thomas Massey. In addition, those 15 Democrats who voted Yea and the 15 didn’t vote at all, must be held to account for helping to hand the executive branch unquantifiable power to gut the First Amendment of the United States Constitution. Here’s the score: Needed: simple majority Total votes: 219 Yeas 194 Nays Republicans: 204 Yeas 1 Nay Democrats: 15 Yeas 183 Nays Did Not Vote: Dems: 15 Reps: 15 Thanks to the ACLU, Indivisible Project, Council on Foundations, Independent Sector, National Council of Nonprofits, United Philanthropy Forum, T'ruah: The Rabbinic Call for Human Rights, Religious Action Center of Reform Judaism, Vu Le, Beth Kanter, and so so so so so many of you for your passionate and effective organizing and advocacy. We are just getting started! Here’s my wish: May the next four years be the biggest overreach that American fascists can make, and that this opening shot against the Constitution it is the biggest mistake they’ve made. Because we who truly believe in the promise of America are more powerful when we unite than these power-hungry wannabes.

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Important Update! House vote has been moved up to TOMORROW on HR 9495. Make your calls in the next hour! The good news is: your actions are making a difference. — Over 50,000 Americans have signed the petition, and will be delivered tonight! HUGE shout out to Civic Shout for their work on this! — And, from what folks who are making calls have told me, some House members who voted Yes last week now plan to vote No!! Way to go! So, perhaps in response to our advocacy, The House Republicans are moving the vote up. Apparently it could happen anytime between tomorrow and Thursday. This is from the calendar of one House member: “WEDNESDAY, NOVEMBER 20TH AND THE BALANCE OF THE WEEK On Wednesday, the House will meet at 10:00 a.m. for morning hour and noon for legislative business. On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m. Legislation Considered Pursuant to a Rule: H.R. 9495 – Stop Terror-Financing and Tax Penalties on American Hostages Act (Sponsored by Rep. Tenney / Ways and Means Committee)…” So keep it going! Let’s do our best to make it harder for them to pass this. Let’s use this attack on civil society to build our collective power and visibility as the American nonprofit workforce. There’s still a good chance this may pass and go to the Senate, and go no further in 2024. Then I assume we will have to do this all again next year in the new Congress. We can. And we will. They may pass it then. But at least we will know it’s coming — and we better be ready! Even if it passes next year, every call and action we take now is worth it—because we have brought light to the darkness, we have raised our voices, we have shown that they cannot gut the First Amendment without anyone knowing. We will not let them pass this law without opposition. #YouShallNotPass

Important Update! House vote has been moved up to TOMORROW on HR 9495. Make your calls in the next hour! The good news is: your actions are making a difference. — Over 50,000 Americans have signed the petition, and will be delivered tonight! HUGE shout out to Civic Shout for their work on this! — And, from what folks who are making calls have told me, some House members who voted Yes last week now plan to vote No!! Way to go! So, perhaps in response to our advocacy, The House Republicans are moving the vote up. Apparently it could happen anytime between tomorrow and Thursday. This is from the calendar of one House member: “WEDNESDAY, NOVEMBER 20TH AND THE BALANCE OF THE WEEK On Wednesday, the House will meet at 10:00 a.m. for morning hour and noon for legislative business. On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m. Legislation Considered Pursuant to a Rule: H.R. 9495 – Stop Terror-Financing and Tax Penalties on American Hostages Act (Sponsored by Rep. Tenney / Ways and Means Committee)…” So keep it going! Let’s do our best to make it harder for them to pass this. Let’s use this attack on civil society to build our collective power and visibility as the American nonprofit workforce. There’s still a good chance this may pass and go to the Senate, and go no further in 2024. Then I assume we will have to do this all again next year in the new Congress. We can. And we will. They may pass it then. But at least we will know it’s coming — and we better be ready! Even if it passes next year, every call and action we take now is worth it—because we have brought light to the darkness, we have raised our voices, we have shown that they cannot gut the First Amendment without anyone knowing. We will not let them pass this law without opposition. #YouShallNotPass