Dear Senator,

As your constituent, I am writing to urge your office to protect civil society groups and oppose S.4136 or any bill in the Senate that is introduced that includes language included in Section 4 of H.R. 9495 focused on the termination of tax-exempt status of civil society groups.

Despite strong opposition from over 300 civil society organizations, H.R. 9495 (the Stop Terror-Financing and Tax Penalties on American Hostages Act) passed the House on November 21st. This bill includes a dangerous provision that threatens the tax-exempt status of nonprofit organizations for engaging in freedom of speech activities. Its passage endangers the vital work of nonprofits and sets a troubling precedent for future political exploitation.

We urge the Senate to reject any corresponding bill that includes provisions undermining the tax-exempt status of nonprofit organizations. These provisions pose significant risks to civil society organizations for several reasons:

I urge you to oppose HR 9495 and any corresponding Senate bill that includes a provision that threatens the tax-exempt status of nonprofit organizations, as it poses serious concerns and risks to civil society organizations.

H.R. 9495 includes a provision that authorizes the Treasury Department to unilaterally designate US nonprofits as "terrorist-supporting" organizations, allowing the Secretary of Treasury to strip them of tax-exempt status and effectively shut them down. However, several factors make this provision unnecessary and dangerous:

1. Unnecessary Legislation: Existing federal laws such as the Anti-terrorism and Effective Death Penalty Act (AEDPA), Immigration and Nationality Act (INA), and others already prohibit nonprofits from providing material support to foreign terrorist organizations, with severe criminal and civil penalties in place.

2. Discriminatory Intent and Impact: This legislation could be used to target organizations working with Palestinian, Arab, and Muslim communities, perpetuating divisive and racist narratives. References to such groups were made during discussions on the legislation, indicating discriminatory intent. There is a history of detrimental impacts of similar legislation on Muslim, Arab, and Palestinian civil society groups and communities. In particular, this bill is meant to target Palestinian groups and other civil society groups that are raising awareness on the direct impact of genocide and state terror on Palestinians.

3. Vulnerability to Political Exploitation: H.R. 9495 could be exploited for political purposes to target nonprofits that hold positions unfavorable to the executive branch, undermining the autonomy of civil society organizations.

4. Burden of Proof: The legislation places the burden of proof on already vulnerable and under-resourced nonprofits, potentially leading to unjust designations and damaging consequences for their operations.

5. Chilling Effect on Civil Society: If enacted, this legislation could create a chilling effect, hindering the active engagement of nonprofit organizations, particularly those representing Arab, Muslim, Palestinian, and other communities, thereby undermining civil society as a whole

Our organization urges you to take a firm stance against Section 4 of H.R. 9495 and any similar bill on the Senate side. Your opposition to this legislation is crucial in safeguarding the core tenets of freedom of speech, association and expression, and the existence of a robust civil society, which serves as a cornerstone of a thriving democracy.

For additional information, please refer to resources provided by the Charity and Security Network, and an ACLU joint letter signed by over 300 advocacy organizations. In addition, we point your attention to Muslims for Just Futures letter sent to the Senate Finance Committee on S.4136/H.R. 6408.

Thank you for your attention to this matter.