Skip to content
Analysis

HR 9495: What You Can Do Now, No Matter What Happens

By The Pivot Fund

November 21, 2024

Illustration of a knife threatening to stab a heart

Hey Nonprofit Newsleaders,

You may be keeping an eye on HR 9495—and for good reason. This bill,passed by the House today, could give the Treasury Department unprecedented power to revoke nonprofit status without the usual checks and balances. That’s a serious threat to our missions, especially for publishers of color working hard to serve their communities.

So, what’s next? The bill goes to the Senate, which will switch from Democratic to Republican control on Jan. 21, 2025. Whether or not this bill becomes law, here’s what you can do to protect your work, stay ready, and keep your mission strong.

If HR 9495 Becomes Law

It’s a worst-case scenario, but we’re not about to panic—we’re about to prepare.

Get Your Legal Ducks in a Row

  • Find Legal Support: If you don’t already have legal counsel, now’s the time to build that relationship. A good lawyer who knows nonprofit law is your first line of defense.
  • Know Your Rights: Arm yourself with knowledge about appeals and how to fight back if your nonprofit status is unfairly challenged.

Document, Document, Document

  • Keep Records Tight: Have clean, clear documentation for everything—finances, partnerships, activities. The more organized you are, the harder it is for anyone to challenge your operations.
  • Audit Yourself: Internal audits might not sound fun, but they’re critical. Be your own toughest critic so no one can catch you off guard.

Engage Your Community

  • Team Up: This isn’t just your fight—it’s our fight. Partner with other organizations to share resources, strategies, and support.
  • Educate Your Audience: Let your supporters know what’s at stake and why their voices matter. A well-informed community is a powerful ally.

Stay Loud and Clear

  • Prepare to Speak Up: If the spotlight falls on you, be ready with transparent, straightforward messaging. Tell your story, and remind everyone why your work matters.
  • Use Your Network: Amplify your message through trusted media and coalition partners. The more people hear your side, the better.

Resource: The National Council of Nonprofits offers guidance on navigating IRS regulations and compliance. Visit their Advocacy page to stay informed.

If HR 9495 Doesn’t Pass

First, take a moment to celebrate—seriously. Then, let’s keep the momentum going.

Share the Win

  • Thank Your Allies: Show some love to the people and organizations who stood up against this bill. Share their efforts with your audience and spotlight the power of collective action.
  • Tell Your Story: Use this victory to remind your supporters why your work is essential. This is your chance to reinforce your mission and grow your impact.

Stay Vigilant

  • Watch for What’s Next: Bills like this don’t just go away forever. Keep an ear to the ground for future threats to the nonprofit sector.
  • Advocate for Better Laws: Take what we’ve learned from this fight and push for policies that uplift nonprofits instead of tearing them down.

Strengthen Your Foundation

  • Audit Anyway: Even without the threat of HR 9495, now’s a great time to make sure your operations are solid. Strong organizations withstand challenges better.
  • Prepare for the Future: Build a plan for potential threats—legal, financial, or otherwise—so you’re always one step ahead.

Lift Others Up

  • Share Resources: If you’ve developed tools or strategies during this fight, share them with your fellow publishers. We rise stronger together.
  • Build Connections: Strengthen your network with other BIPOC publishers and nonprofits. Together, we’re a force to be reckoned with.

Resource: Learn more about coalition-building from the Independent Sector’s Policy Resources.

What Is Being Said

As highlighted in Nonprofit Quarterly, HR 9495 could potentially “undermine nonprofit advocacy and erode public trust in the sector.” Preparing now will help mitigate those risks. See also the Joint statement from Council on Foundations, Independent Sector, National Council of Nonprofits, and United Philanthropy Forum. 

The Bottom Line

No matter what happens with HR 9495, one thing is clear: We have to look out for ourselves and each other. This moment is a reminder of the power we hold when we’re prepared, informed, and united.