Federal Disaster Assistance Nonprofit Fairness Act of 2017

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify that houses of worship are eligible for certain disaster relief and emergency assistance on terms equal to other eligible private nonprofit facilities, and for other purposes. 1. Short title This Act may be cited as the Federal Disaster Assistance Nonprofit Fairness Act of 2017 2. Findings Congress finds the following: (1) Churches, synagogues, mosques, temples, and other houses of worship throughout communities nationwide play an essential role in the daily lives of the communities. (2) The Federal Emergency Management Agency’s (FEMA) public assistance program provides financial grants for the repair of various types of private nonprofit facilities. (3) Among the types of nonprofits to which FEMA provides such grants are those in which citizens gather and engage in a variety of educational, enrichment, and social activities. These activities are essential to community building and occur in houses of worship. (4) Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (5) Congress has previously enacted legislation providing financial assistance to religious nonprofit institutions, including houses of worship, on terms equal to other eligible nonprofit institutions. (6) Such legislation is consistent with recent precedents of the Supreme Court of the United States and legal opinions issued by the Office of Legal Counsel of the Department of Justice. 3. Inclusion of houses of worship as private nonprofit facilities eligible for disaster relief (a) Definition of private nonprofit facility Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(11)(B) (B) Additional facilities In addition to the facilities described in subparagraph (A), the term private nonprofit facility section 501(c) . (b) Repair, restoration, and replacement of damaged facilities Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172(a)(3) (C) Houses of worship A church, synagogue, mosque, temple, or other house of worship, and a private nonprofit facility operated by a religious organization, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. . (c) Applicability This section and the amendments made by this section shall apply to the provision of assistance in response to a major disaster or emergency declared on or after October 28, 2012.

Summary: Federal Disaster Assistance Nonprofit Fairness Act of 2017 This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include community centers, including tax-exempt houses of worship, as "private nonprofit facilities" for purposes of disaster relief and emergency assistance eligibility under such Act. A church, synagogue, mosque, temple, or other house of worship, and a private nonprofit facility operated by a religious organization, are eligible for federal contributions for the repair, restoration, and replacement of facilities damaged or destroyed by a major disaster, without regard to the religious character of the facility or the primary religious use of the facility. This bill is applicable to the provision of assistance in response to a major disaster or emergency declared on or after October 28, 2012.