[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3208 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3208

     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

                             July 12, 2005

  Mr. Jindal (for himself, Mr. Weiner, 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 eligible 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.
            (9) On May 23, 2003, FEMA published policy number 9521.3, 
        Private Nonprofit Facility (PNP) Eligibility, which clarifies 
        the eligibility of a religiously owned or operated private non-
        profit facility for assistance under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.

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, as defined 
                by the President.''.
    (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) Nondiscrimination.--Consistent with section 
                308(a), the President shall ensure that the 
                distribution of supplies, the processing of 
                applications, and other relief and assistance 
                activities under this section shall be accomplished in 
                an equitable and impartial manner, without 
                discrimination on the grounds of race, color, religion, 
                nationality, sex, age, or economic status.''.
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