[Congressional Record Volume 159, Number 26 (Monday, February 25, 2013)]
[Extensions of Remarks]
[Page E174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS ACT OF 2013

                                 ______
                                 

                               speech of

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                      Wednesday, February 13, 2013

  Ms. McCOLLUM. Madam Speaker, I rise in opposition to H.R. 592.
  In this country, we have a strong tradition of coming to the aid of 
communities that have suffered national tragedies and natural 
disasters. This is a tradition to be proud of, but H.R. 592 takes an 
unprecedented and unconstitutional step of adding houses of worship to 
the list of entities eligible for direct government assistance through 
Federal Emergency Management Agency.
  The Supreme Court has repeatedly ruled that direct government aid for 
houses of worship is unconstitutional. In Tilton v. Richardson (1971) 
and Committee for Public Education v. Nyquist (1973), the Supreme Court 
ruled that taxpayer funds could not go to buildings to construct or 
repair facilities intended to be places of worship. Religious 
institutions are still eligible for federal loans, including small 
business loans, to help rebuild their place of worship.
  Justice Sandra Day O'Connor wrote in a later ruling (Mitchell v. 
Helms, 2000), that direct grant government grants to religious 
institutions brings ``special dangers.'' This danger is not just to the 
government, but also to the religious institution. Religious freedom is 
one of our country's most sacred principles. The separation of church 
and state protects not only the state, but also the church from state 
interference and restriction. This type of direct assistance, however 
well intentioned, puts that separation and religious freedom at risk.
  Churches, synagogues, temples and mosques are often the center of a 
community; the wish to rebuild as quickly as possible in the wake of a 
natural disaster is well-intentioned and understandable. However, 
rebuilding or repairing these houses of worship with direct government 
assistance, putting their independence at risk, comes at too high of a 
cost.

                          ____________________