[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1552 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1552

     To amend the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act to clarify that the religious status of a private 
   nonprofit facility does not preclude the facility from receiving 
                       assistance under the Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

Mr. Jindal (for himself and Mr. Souder) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
   Assistance Act to clarify that the religious status of a private 
   nonprofit facility does not preclude the facility from receiving 
                       assistance under the Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Relief Equity Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Emergency Management Agency (in this 
        section referred to as ``FEMA'') provides critical assistance 
        to all categories of facilities damaged in natural disasters.
            (2) FEMA may contribute funds for the repair, restoration, 
        reconstruction, or replacement of a private nonprofit facility 
        damaged or destroyed by a major disaster.
            (3) In February 2001, the Seattle Hebrew Academy, a private 
        nonprofit educational facility for Jewish students, suffered 
        damage to its facilities in the Nisqually Earthquake.
            (4) The Seattle Hebrew Academy applied to FEMA for Federal 
        financial assistance to address the damage.
            (5) FEMA denied the Academy's application on the basis that 
        the facility was not ``open to the general public'' and 
        therefore was not a ``private nonprofit facility'' as defined 
        by the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            (6) After reviewing its interpretation of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act, FEMA 
        concluded that the Act did not require educational facilities 
        to be open to the general public to be eligible for assistance 
        under the Act.
            (7) The Department of Justice published a legal memorandum 
        on whether the establishment clause of the first amendment of 
        the Constitution would still require a religious nonprofit 
        facility, such as the Seattle Hebrew Academy, to be denied 
        Federal financial assistance to repair or restore disaster 
        stricken facilities due to its religious status.
            (8) The Department of Justice memorandum properly concluded 
        that FEMA aid is ``made available on the basis of neutral 
        criteria to a . . . class of beneficiaries defined without 
        reference to religion and including . . . a host of . . . 
        public and private institutions . . .'' and, therefore, the 
        disbursement of FEMA assistance to a religiously owned or 
        operated private non-profit facility would not violate the 
        establishment clause of the first amendment.

SEC. 3. ELIGIBILITY OF PRIVATE NONPROFIT FACILITIES FOR DISASTER 
              ASSISTANCE.

    (a) Definition.--Section 102(9) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(9)) is amended to 
read as follows:
            ``(9) Private nonprofit facility.--
                    ``(A) In general.--The term `private nonprofit 
                facility' means private nonprofit educational, utility, 
                irrigation, emergency, medical, rehabilitational, and 
                temporary or permanent custodial care facilities 
                (including those for the aged and disabled) and 
                facilities on Indian reservations as defined by the 
                President.
                    ``(B) Additional facilities.--In addition to the 
                facilities described in subparagraph (A), the term 
                `private nonprofit facility' includes any private 
                nonprofit facility that provides essential services of 
                a governmental nature to the general public.''.
    (b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of such Act (42 U.S.C. 5172(a)(3)) is amended by 
adding at the end the following:
                    ``(C) Religious status.--Notwithstanding any other 
                provision of this Act, the religious status of a 
                private nonprofit facility, or the owner or operator of 
                such a facility, shall not preclude its eligibility for 
                contributions under this subsection.''.
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