Disaster Relief Equity Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President to ensure that the distribution of supplies, the processing of applications, and other disaster relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status.
[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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
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