PolicyBrief
S. 3554
119th CongressDec 17th 2025
A bill to amend the Internal Revenue Code of 1986 to terminate the tax-exempt status of terrorist supporting organizations.
IN COMMITTEE

This bill terminates the tax-exempt status of any organization the Treasury Secretary designates as having provided material support to a terrorist organization.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

New Bill Strips Tax-Exempt Status from Organizations Found to Provide 'Material Support' to Terror Groups

This bill amends the Internal Revenue Code to immediately terminate the tax-exempt status of any organization the Treasury Secretary designates as a “terrorist supporting organization.” Essentially, if an organization is found to have given more than a minimal amount of “material support or resources” to a designated terrorist organization within the previous three years, its 501(c)(3) status—or whatever tax-exempt status it holds—is automatically suspended.

This move essentially treats these newly defined “terrorist supporting organizations” the same way the tax code treats organizations already designated as terrorist groups. The suspension kicks in the moment the designation is made and lasts until the Secretary officially rescinds it. The goal here is simple: cut off financial incentives and tax benefits for groups that are helping fund or support terrorism, even indirectly.

The Immediate Financial Freeze

For any organization caught in this crossfire, the financial impact is immediate and severe. Losing tax-exempt status means losing the ability to receive tax-deductible donations, which is the lifeblood of most charities and non-profits. Imagine running a non-profit that relies on donations to pay staff and operate; once the designation hits, that funding stream dries up instantly. This is a powerful, immediate enforcement tool for the Treasury Department, aiming to disrupt funding pathways quickly.

The 90-Day Clock and Due Process

Before the Treasury Secretary makes a designation, the organization must be notified by mail. This notice is a critical step, as it tells the organization who they allegedly supported and what kind of support was provided—unless disclosing that information would harm national security or law enforcement. This is where the clock starts ticking: the organization has 90 days to avoid the designation.

To avoid losing their tax status, they must either prove to the Secretary’s satisfaction that they didn't provide the alleged support, or they must make a reasonable effort to get the support back and certify in writing that they will never provide future support. This 90-day window is incredibly tight, forcing organizations to scramble to provide complex documentation or fundamentally restructure their operations under intense pressure.

The National Security Exception and Judicial Review

One of the most complex parts of this bill involves the national security carve-out. If the Secretary withholds the description of the alleged support because of security concerns, the organization is put in a tough spot—how do you defend yourself against an accusation when you don't know the specifics? In this scenario, the organization can file a complaint in U.S. district court, challenging the Secretary’s decision to withhold the information.

This provision creates a pathway for judicial review, which is important for due process, but it also means organizations are navigating the IRS, the Treasury Department, and the federal court system simultaneously just to get the information they need to defend their tax status. Furthermore, the bill allows the government to submit classified information to the court privately, which means the organization might still not see all the evidence being used against it.

Who Gets Caught in the Net?

While the intent is clearly to target organizations actively supporting terrorism, the broad definition of “material support or resources” (which is borrowed from existing law) could potentially impact groups that operate in conflict zones or provide humanitarian aid. The bill does exclude support approved by the State Department or the Office of Foreign Assets Control (OFAC), but this puts the burden on aid groups to ensure their assistance falls squarely within these narrow, pre-approved channels. Any organization whose work involves providing non-cash resources—like food, medical supplies, or even training—in areas where designated groups operate will need to be extremely vigilant. For non-profits, this means significantly higher compliance costs and a constant fear of regulatory overreach, particularly given the immediate, automatic penalty of tax-status suspension upon designation.