[Congressional Record Volume 159, Number 25 (Friday, February 15, 2013)]
[Extensions of Remarks]
[Page E161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS ACT OF 2013

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                               speech of

                             HON. RUSH HOLT

                             of new jersey

                    in the house of representatives

                      Wednesday, February 13, 2013

  Mr. HOLT. Madam Speaker, of course Congress should make sure the 
Federal Emergency Management Agency, the Small Business Administration 
and other government agencies are funded sufficiently to help 
communities recover from natural disasters like Sandy. H.R. 592, the 
Federal Disaster Assistance Nonprofit Fairness Act of 2013, would add 
``houses of worship'' to the list of eligible entities that can receive 
direct government assistance from FEMA. Religious institutions are 
important to our communities. Unfortunately, as drafted H.R. 592 is 
unconstitutional.
  In 1971, the Supreme Court unanimously held that a government subsidy 
used to construct buildings at colleges and universities was 
constitutional only if the buildings could never be used for religious 
activities. Two years later, the U.S. Supreme Court held that no 
taxpayer funds could be used for maintenance and repair of facilities 
in which religious activities take place. The types of buildings that 
this bill seeks to make eligible for direct government funding--houses 
of worship--are inherently used for religious activities and the bill 
would have the effect of unconstitutionally funneling taxpayer money 
for religious activities. Under current law, houses of worship are 
eligible for Small Business Administration loans to help rebuild in the 
wake of a disaster like Sandy. Thus, there is already federally 
available aid that is neutral in its application that churches, 
synagogues and other houses of worship can avail themselves of without 
implicating the government in providing direct support to religious 
institutions. And private insurance companies have long provided such 
policies for houses of worship.
  As I have since Hurricane Sandy devastated New Jersey, I will 
continue to push for the maximum possible funding--including disaster 
recovery loans--for all New Jersey communities impacted by this and 
future storms.

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