H.R. 9495 Is a Silent Threat to Art, Education, and Advocacy

This op-ed originally appeared in Crain's Chicago Business. It examines the unintended consequences of H.R. 9495, a proposed bill with broad language that poses significant risks to nonprofits in the music, arts, and education sectors. Below is the full text, highlighting the challenges this legislation could create for organizations dedicated to cultural and educational advocacy.  -Ryan Arnold

Opinion: This legislation is a silent threat to art, education and advocacy

By Ryan Arnold

December 11, 2024 10:27 AM

H.R. 9495, the Stop Terror-Financing & Tax Penalties on American Hostages Act, introduces alarming challenges for nonprofits in the music, arts and education sectors. Supporters frame it as a national security measure. Ambiguous language creates risks for nonprofits rooted in global issues, advocacy or cultural expression.

On the surface, the bill appears to target the funding of terrorism. Why, then, are the definitions of "terrorism" and "supporting terrorism" broad and left to interpretation? A nonprofit could have its tax-exempt status revoked by the Treasury Department should its mission, programming, or content be deemed in violation.

The cost of vague language

Unclear language allows officials to label benign activities as support for conflict groups. For example, a nonprofit organizing a concert series to raise awareness about the impact of war on an ethnic community could face such accusations. Similarly, a nonprofit school teaching a workshop on the history of protest music might be accused of encouraging student dissent.

These examples illustrate how the bill's ambiguous language creates unintended consequences. H.R. 9495 allows officials to reinterpret an organization's mission or message, casting their work in a suspicious light and threatening essential programming.

The danger of misinterpreted financial activities

H.R. 9495 empowers the Treasury Department to classify nonprofit financial transactions as "funding terrorism" even without clear evidence or a direct link to terrorist activity. This authority subjects nonprofits working internationally or with organizations in politically sensitive regions to intense scrutiny and serious allegations.

For instance, a nonprofit running an art exchange in a politically unstable region could lose access to funding if banks flag their financial transactions for further review under this legislation. Educators providing resources for displaced children in conflict zones might face similar accusations simply for transferring money to purchase supplies. The broad language in H.R. 9495 makes it easy to misinterpret the work of nonprofits, even when they operate transparently.

Such accusations carry devastating consequences. Nonprofits lose their tax-exempt status, donors withdraw support and reputations take lasting hits. The bill undermines the causes it should protect by targeting nonprofits promoting understanding and education.

The chilling effect on creativity and advocacy

H.R. 9495 pressures nonprofits to self-censor, which stifles speech and artistic expression.

Organizations focusing on systemic inequality or global human rights abuses may avoid themes or partnerships that could draw unwanted attention. A community art center might cancel exhibits that explore political unrest in geographical areas deemed home to a group on the Foreign Terrorist Organization list. A music education program might exclude protest songs tied to the civil rights movement. As far-fetched as these hypothetical scenarios may seem, without clarity or safeguards, they could become real.

Threats to international collaboration

Nonprofits involved in international projects face even more significant risks.

Even with careful planning and clear intentions, a group that invites artists from conflict regions might face allegations of supporting terrorism. Just one accusation of indirect association means severe financial penalties, loss of tax-exempt status and irreparable harm to its reputation.

H.R. 9495 discourages global partnerships and cultural exchanges, blocking efforts to promote understanding across borders and build bridges between communities.

Why this matters

H.R. 9495 threatens nonprofits and the communities they serve. Organizations whose missions center around education, creativity and cultural diversity cannot thrive in an environment of fear and uncertainty.

Forcing nonprofits to prioritize risk management over their missions extends beyond organizations, silencing the artists, educators and communities relying on them.

What must be done

Legislators must eliminate the ambiguity in H.R. 9495. Precise language and well-defined terms ensure the bill targets actual threats without undermining legitimate nonprofits' work.

Protecting the freedoms that empower art, education and advocacy is a moral imperative that shapes our society's future. The stakes are far too high to leave this unchecked.

Ryan Arnold is principal of DeSoto & State Communications, a public relations firm specializing in nonprofit advocacy.