HR 6408 United States House · 118th Congress

To amend the Internal Revenue Code of 1986 to terminate the tax-exempt status of terrorist supporting organizations.

HR 6408 would amend tax law to revoke the tax-exempt status of organizations providing material support (beyond a minimal amount) to groups designated as terrorists under existing law. It directly affects nonprofit organizations that, within three years of a Treasury designation, supplied resources like funds or equipment to terrorist organizations. Key mechanisms include requiring the Treasury Secretary to send written notice to the organization before designation, granting a 90-day "cure period" to prove no support was provided or return resources, and allowing rescission of the designation if errors occur or notice was not received. The bill applies to tax years beginning after its enactment.
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2023
Committee Review
Apr 2024
House Passage
Apr 2024
Senate Passage
President
Introduced Nov 14, 2023 Last action Apr 16, 2024
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House Engrossed in House · 5 edits · Apr 15, 2024
MODERATE
The engrossed version adds two new procedural provisions: an IRS Independent Office of Appeals review step (subparagraph E) and exclusive federal district court jurisdiction for judicial review (subparagraph F), creating a two-tier dispute resolution process for terrorist supporting organization designations. It also adds a national security carve-out to the notice requirement, allowing the IRS to withhold details about material support when consistent with national security or law enforcement interests.
ENFORCEMENT

New subparagraph (E) requires that disputes over a terrorist supporting organization designation be resolved through the IRS Independent Office of Appeals before judicial review, treating the process as if the designation were made by the IRS itself.

New subparagraph (F) grants U.S. district courts exclusive jurisdiction to review final determinations on designations, permits classified information to be submitted ex parte and in camera under the Classified Information Procedures Act, and clarifies that skipping the IRS appeals process does not prevent a determination from being treated as final.

REQUIREMENT

The notice requirement in subparagraph (C)(i)(III) now limits the description of material support or resources 'to the extent consistent with national security and law enforcement interests,' allowing the IRS to redact or omit details that could compromise sensitive operations.

TECHNICAL

Subparagraph (C)(i) broadens the source for an organization's mailing address from 'annual return under section 6033' to 'annual return or notice under section 6033,' covering additional types of filings.

Subparagraph (C)(ii) corrects a drafting error: 'designate such organization as a terrorist organization' is changed to 'designate such organization as a terrorist supporting organization,' aligning the language with the rest of the provision.

Floor votes · House Apr 15, 2024

How they voted

38211
Passed · 37 other
Total votes 430
Apr 15, 2024
D Democratic213
179 Yea 10 Nay 24
84% Yea
I Independent1
1 Yea
100% Yea
R Republican216
202 Yea 1 Nay 13
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
3
Committee
4
Amendments
3
Apr 16, 2024
Committee
Received in the Senate and Read twice and referred to the Committee on Finance.
upper
Apr 15, 2024
Introduced
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 382 - 11 (Roll no. 121). (text: CR H2371-2372)
lower
Apr 15, 2024
Lower · Passed
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 382 - 11 (Roll no. 121). (text: CR H2371-2372)
lower
Apr 15, 2024
Introduced
Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended.
lower
Dec 19, 2023
Lower · Passed
Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-331.
lower
Nov 30, 2023
Introduced
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 41 - 0.
lower
Nov 30, 2023
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Nov 14, 2023
Committee
Referred to the House Committee on Ways and Means.
lower
Nov 14, 2023
Introduced
Introduced in House
lower
1 primary · 7 co-sponsors

Sponsors