[Senate Report 118-90]
[From the U.S. Government Publishing Office]


                                                            Calendar No. 193

118th Congress}                                                  { Report
                            SENATE  
 1st Session }                                                   { 118-90
                                                                
_______________________________________________________________________

                                     

                                                       


                         PRAY SAFE ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1886

           TO ESTABLISH A FEDERAL CLEARINGHOUSE ON SAFETY AND
              BEST PRACTICES FOR NONPROFIT ORGANIZATIONS,
            FAITH-BASED ORGANIZATIONS, AND HOUSES OF WORSHIP
   WITHIN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES




                August 22, 2023.--Ordered to be printed
   Filed, under authority of the order of the Senate of July 27, 2023
   
   
   
                               ______
   
                U.S. GOVERNMENT PUBLISHING OFFICE 
    39-010          WASHINGTON : 2023
 
   
   
   
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
         Christopher J. Mulkins, Director of Homeland Security
             Moran Banai, Senior Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Kendal B. Tigner, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                     
                     
                     
                     
  
                     
                     
                     
                     
                     

                                                       Calendar No. 193
118th Congress                                                   Report
                                 SENATE
 1st Session                                                     118-90

======================================================================



 
                         PRAY SAFE ACT OF 2023

                                _______
                                

                August 22, 2023.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 27, 2023

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1886]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1886) to establish 
a Federal Clearinghouse on Safety and Best Practices for 
Nonprofit Organizations, Faith-based Organizations, and Houses 
of Worship within the Department of Homeland Security, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................7
 VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. PURPOSE AND SUMMARY

    S. 1886, the Pray Safe Act of 2023, aims to protect 
American nonprofit organizations, including faith-based 
organizations, and houses of worship by creating a 
clearinghouse to centralize information on improving safety and 
security best practices and resources. The Federal 
Clearinghouse on Safety and Security Best Practices for 
Nonprofit Organizations, Faith-based Organizations, and Houses 
of Worship will be a primary federal government online resource 
to publish best practices and recommendations for the safety 
and security of these organizations, and to educate about such 
best practices. The Clearinghouse will also include information 
on federal grant programs to help nonprofits and houses of 
worship identify and determine what resources they can access 
to improve their safety and security. Finally, the bill 
requires the Department of Homeland Security (DHS) to submit a 
report to Congress every three years on updates made for the 
continuous improvement of the Clearinghouse.\1\
---------------------------------------------------------------------------
    \1\On July 14, 2021, the Committee approved S. 2123, the Pray Safe 
Act. That bill is substantially similar to S. 1886. Accordingly, this 
committee report is, in many respects, similar to the committee report 
for S. 2123. See S. Rept. 117-81.
---------------------------------------------------------------------------

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    Violence against faith-based institutions and houses of 
worship has increased across the United States in recent 
years.\2\ The nature of these attacks, the numbers of victims, 
and the geographic regions in which the attacks have occurred 
vary widely.\3\ Since 2010, there have been at least 30 likely 
ideologically-motivated attacks or attempted attacks targeting 
religious centers and individual members of faith-based 
communities based on their actual or perceived religious 
affiliation.\4\ Recent attacks have included arson against 
mosques; shootings at synagogues, Sikh temples, and churches; 
and vandalism targeting Catholic churches, mosques, and Jewish 
institutions.\5\ In 2021, the number of hate crimes in the 
United States increased 11.6% from 2020, including more than 
1,590 hate crimes categorized as anti-religious.\6\ Hate crimes 
motivated by religious bias comprised an increased proportion 
of hate crimes overall, up from 13.3% of total hate crimes in 
2020 to 14.1% in 2021.\7\
---------------------------------------------------------------------------
    \2\Department of Homeland Security, Cybersecurity and 
Infrastructure Security Agency, Mitigating Attacks on Houses of Worship 
Security Guide, at 5, 13 (Dec. 2020).
    \3\See, id. at 23.
    \4\Senate Committee on Homeland Security and Governmental Affairs, 
Statement Submitted for the Record of Deputy Under Secretary for 
Intelligence Enterprise Operations, Office of Intelligence and 
Analysis, Stephanie Dobitsch, Deputy Assistant Administrator, Grant 
Programs Directorate, Federal Emergency Management Agency, Christopher 
Logan, and Director of the Center for Faith-Based and Neighborhood 
Partnerships Marcus T. Coleman Jr., Department of Homeland Security, 
Hearing on Violent Extremism and Terrorism: Examining the Threat to 
Houses of Worship and Public Spaces, 117th Cong. (Mar. 16, 2022) (S. 
Hrg. 117-XX).
    \5\See American Civil Liberties Union, Nationwide Anti-Mosque 
Activity (May 2021) (https://www.aclu.org/issues/national-security/
discriminatory-profiling/nationwide-anti-mosque-activity) (hereinafter 
``Nationwide Anti-Mosque Activity''); 11 Killed in Synagogue Massacre; 
Suspect Charged With 29 Counts, New York Times (Oct. 27, 2018) (https:/
/www.nytimes.com/2018/10/27/us/active-shooter-pittsburgh-synagogue-
shooting.html); Gunman Kills 6 at a Sikh Temple Near Milwaukee, New 
York Times (Aug. 5, 2012) (https://www.nytimes.com/2012/08/06/us/
shooting-reported-at-temple-in-wisconsin.html); Nine Killed in Shooting 
at Black Church in Charleston, New York Times (June 17, 2015) (https://
www.nytimes.com/2015/06/18/us/church-attacked-in-charleston-south-
carolina.html); Desecration of Catholic Churches Across U.S. Leaves 
Congregations Shaken, Wall Street Journal (July 22, 2020) (https://
www.wsj.com/articles/desecration-of-catholic-churches-across-u-s-
leaves-congregations-shaken-11595451973); See Nationwide Anti-Mosque 
Activity, supra note 3; Anti-Defamation League, Audit of Antisemitic 
Incidents: Year in Review 2020 (April 27, 2021) (https://www.adl.org/
resources/report/audit-antisemitic-incidents-2020).
    \6\Department of Justice, FBI Releases Supplement to the 2021 Hate 
Crime Statistics (Mar. 28, 2023) (https://www.justice.gov/crs/
highlights/2021-hate-crime-statistics).
    \7\Id.; Federal Bureau of Investigation, FBI Releases Updated 2020 
Hate Crime Statistics (Oct. 25, 2021) (https://www.fbi.gov/news/press-
releases/fbi-releases-updated-2020-hate-crime-
statistics).
---------------------------------------------------------------------------
    In response to the growing, violent threat against 
religious institutions, the Homeland Security Advisory Council 
(HSAC) issued a report, Preventing Targeted Violence Against 
Faith-Based Communities, in December 2019.\8\ The report 
addressed the lack of consistent, clear, and centralized 
information regarding training, grants, and security best 
practices for faith-based communities.\9\ Additionally, 
findings revealed that faith-based organizations and houses of 
worship do not have a central point of contact at DHS, which 
harms coordination efforts and increases confusion among faith-
based communities. In fact, HSAC expressed that the need for a 
central point of contact at DHS was the ``single most important 
recommendation'' made in the report.\10\
---------------------------------------------------------------------------
    \8\Department of Homeland Security, Homeland Security Advisory 
Council, Preventing Targeted Violence Against Faith-Based Communities 
(Dec. 17, 2019).
    \9\See id. at 8.
    \10\See id. at 12.
---------------------------------------------------------------------------
    In addition, although religious institutions are prime 
targets of bias-motivated violence, the evolving threat 
landscape illustrates the need to enhance the security of 
similarly vulnerable public places.\11\ For example, in early 
2022, there were 49 threats to Historically Black Colleges and 
Universities and 19 against Predominantly Black Institutions, 
many of which are nonprofit organizations.\12\ Ensuring the 
safety and security of all Americans must include helping 
nonprofit organizations that are at risk of attack, including 
faith-based organizations, and houses of worship navigate the 
grants and assistance landscape.
---------------------------------------------------------------------------
    \11\Senate Committee on Homeland Security and Governmental Affairs, 
Opening Statement of Chairman Gary Peters, Hearing on Violent Extremism 
and Terrorism: Examining the Threat to Houses of Worship and Public 
Spaces, 117th Cong. (Mar. 16, 2022) (S. Hrg. 117-XX).
    \12\Department of Homeland Security, Addressing Bomb Threats at 
Historically Black Colleges and Universities (Aug. 30, 2022).
---------------------------------------------------------------------------
    The Pray Safe Act helps address these alarming trends by 
better connecting nonprofits, houses of worship, and religious 
institutions with resources to protect their communities. It 
creates a Clearinghouse at DHS for safety and security best 
practices for nonprofit organizations, including faith-based 
organizations, and houses of worship. The bill requires the 
Secretary of DHS to work with the Attorney General, the 
Executive Director of the White House Office of Faith-Based and 
Neighborhood Partnerships, and other agencies to identify and 
make available evidence-based practices that demonstrate a 
significant effect on improving the safety and security of 
nonprofit organizations, including faith-based organizations, 
and houses of worship. The bill also requires the Secretary to 
publish materials to help with training and implementation of 
those best practices and recommendations.
    The bill further requires the Clearinghouse to be a primary 
location for all information regarding DHS grant programs that 
are available for nonprofit organizations, including faith-
based organizations and houses of worship, including direct 
links and user guides for each grant program application. A 
specific individual must be listed on the Clearinghouse website 
as a designated point of contact who can assist organizations 
with navigating these resources. Finally, the bill requires DHS 
to submit a report to Congress every three years about updates 
made to the Clearinghouse during the preceding three-year 
period.

                        III. LEGISLATIVE HISTORY

    Senator Margaret Hassan (D-NH) introduced S. 1886, the Pray 
Safe Act of 2023, on June 8, 2023, with original cosponsors 
Senators Ron Johnson (R-WI), Jacky Rosen (D-NV), and Gary 
Peters (D-MI). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 1886 at a business meeting on 
June 14, 2023. At the business meeting, Senator Hassan offered 
a substitute amendment to the bill as well as a modification to 
the substitute amendment. The Hassan substitute amendment, as 
modified, clarified that faith-based organizations should be 
included in all sections of the bill as one type of nonprofit 
organization, removed unnecessary definitions, and changed the 
frequency of the reports to Congress to once every three years. 
It also added a four-year sunset provision and directed the 
Government Accountability Office (GAO) to submit a report to 
Congress regarding the state of federal grants, programs, and 
resources devoted to the safety and security of nonprofit 
organizations, including faith-based organizations, and houses 
of worship. The Committee adopted the modification to the 
Hassan amendment by unanimous consent, with Senators Peters, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Paul, Lankford, Romney, 
Scott, and Hawley present. The Committee adopted the Hassan 
amendment, as modified, by unanimous consent, with Senators 
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Paul, Lankford, 
Romney, Scott, and Hawley present. The bill, as amended by the 
Hassan amendment as modified, was ordered reported favorably by 
roll call vote of 10 yeas to 1 nay, with Senators Peters, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, Romney, 
Scott, and Hawley voting in the affirmative, and with Senator 
Paul voting in the negative. Senators Carper, Blumenthal, 
Johnson, and Marshall voted yea by proxy, for the record only.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title of the bill as the 
``Pray Safe Act of 2023.''

Section 2. Definitions

    This section defines the terms ``Clearinghouse,'' 
``Department,'' ``faith-based organization,'' ``house of 
worship,'' ``nonprofit organization,'' ``safety and security,'' 
and ``Secretary.''

Section 3. Federal Clearinghouse on Safety and Security Best Practices 
        for Nonprofit Organizations, Faith-Based Organizations, and 
        Houses of Worship

    Subsection (a)(1) establishes the ``Federal Clearinghouse 
on Safety and Security Best Practices for Nonprofit 
Organizations, Faith-Based Organizations, and Houses of 
Worship'' at DHS no later than 270 days after enactment of the 
bill, in consultation with the Attorney General, the Executive 
Director of the White House Office of Faith-Based and 
Neighborhood Partnerships, and the head of any other agency 
that the DHS Secretary deems appropriate. It establishes the 
purpose of the Clearinghouse as educating and publishing online 
best practices and providing information about available 
federal grants for these organizations. This subsection also 
delineates the personnel and resources needed to operate the 
Clearinghouse, as well as the qualifications for these 
personnel, and requires a designated point of contact to 
provide information and assistance to organizations using the 
Clearinghouse.
    Subsection (a)(2) requires the DHS Secretary, in 
consultation with other entities, to develop tiers for 
determining evidence-based safety and security practices for 
faith-based organizations and houses of worship. The subsection 
establishes requirements for the development of these tiers and 
criteria for best practices and recommendations developed by 
the Clearinghouse. It also requires the Clearinghouse to 
maintain and make available a comprehensive index of all 
federal grant programs for which nonprofit organizations, 
including faith-based institutions, and houses of worship are 
eligible, including the performance metrics that prospective 
grant recipients will be required to provide. This subsection 
also requires the Clearinghouse to identify and present best 
practices and recommendations previously issued by federal, 
state, local, tribal, territorial, private sector, and 
nongovernmental organizations relevant to the safety and 
security of nonprofit organizations, including faith-based 
organizations, and houses of worship. Finally, this subsection 
permits the Secretary to establish and maintain the 
Clearinghouse on an online platform that is in existence on the 
date of the bill's enactment.
    Subsection (a)(3) authorizes the DHS Secretary to produce 
and publish materials on the Clearinghouse website to assist 
and train nonprofit organizations, including faith-based 
organizations, and houses of worship on the implementation of 
the safety and security best practices and recommendations 
detailed by the Clearinghouse.
    Subsection (a)(4) requires the DHS Secretary, for the 
purpose of continuous improvement of the Clearinghouse, to 
collect: Clearinghouse data analytics; user feedback on the 
implementation of resources, best practices, and 
recommendations identified by the Clearinghouse; and any 
evaluations conducted on implementation of the best practices 
and recommendations of the Clearinghouse.
    This subsection also requires the DHS Secretary, in 
coordination with other entities, to: assess and identify 
Clearinghouse best practices and recommendations for which 
there are no resources available through federal government 
programs; provide feedback on the implementation of best 
practices and recommendations; propose additional best 
practices and recommendations for inclusion in the 
Clearinghouse; and update the Clearinghouse at least annually, 
using the information and recommendations collected under this 
subsection. Finally, this subsection requires the DHS Secretary 
submit a report to Congress every three years on the updates 
and changes made to the Clearinghouse during the preceding 
three-year period.
    Subsection (b) requires the DHS Secretary to provide a 
written notification to the following entities about the 
establishment of the Clearinghouse, including updates 
pertaining to grant programs: every state's homeland security 
advisor; every state's departments of homeland security; other 
federal agencies with grant programs or initiatives that aid in 
the safety and security of nonprofit organizations, including 
faith-based organizations, and houses of worship, as determined 
appropriate by the Secretary; cyber security advisors; 
protective security advisors; FBI Joint Terrorism Task Forces; 
Homeland Security Fusion Centers; state and territorial 
governors or other chief executives; the Senate Committees on 
Homeland Security and Governmental Affairs and the Judiciary; 
and the House Committees on Homeland Security and the 
Judiciary.
    Subsection (c)(1) requires the DHS Secretary to include a 
grants program overview on the Clearinghouse website. The 
grants program overview must be a location for all information 
regarding federal grant programs that are open to nonprofit 
organizations, including faith-based organizations, and houses 
of worship, and must provide a direct link to each grant 
application and any applicable user guides. It must also: 
identify all safety and security homeland security assistance 
programs managed by DHS that may be used to implement best 
practices and recommendations of the Clearinghouse; provide 
information related to the required elements of grant 
applications to assist organizations in meeting grant 
eligibility criteria; and provide answers to frequently asked 
questions about the implementing Clearinghouse best practices 
and recommendations, as well as best practices for applying for 
a grant.
    Subsection (c)(2) requires each federal agency notified 
under subsection (b) to provide the Clearinghouse with 
necessary information on any federal grant programs or 
resources provided by that agency that are available for 
nonprofit organizations, including faith-based organizations 
and houses of worship.
    Subsection (c)(3) permits states notified under subsection 
(b) to provide necessary information on any state grant 
programs or resources available for nonprofit organizations, 
including faith-based organizations, and houses of worship to 
the Clearinghouse. It also requires the Clearinghouse, to the 
extent practicable, to identify each state agency responsible 
for safety of nonprofit organizations, including faith-based 
organizations, and houses of worship, and identify any state 
that does not have a designated agency. The Clearinghouse must 
also identify, for each state, any grant program that may be 
used to implement the Clearinghouse's best practices and 
recommendations and any resources that may be used to assist in 
targeted violence and terrorism prevention.
    Subsection (d) requires the DHS Secretary to include a 
separate section on the Clearinghouse website for other 
resources, which provides a centralized list of all available 
points of contact to seek assistance in grant applications and 
in carrying out the Clearinghouse's best practices and 
recommendations. This list must include contact information for 
DHS personnel, relevant Protective Security Advisors, and 
Department Fusion Center personnel, as well as DHS ``If You See 
Something, Say Something'' campaign information and any other 
appropriate contacts.
    Subsection (e) provides that nothing in Section 3 of the 
bill shall be construed to create, satisfy, or waive any 
requirement under federal civil rights laws, including title II 
of the Americans with Disabilities Act of 1990 and title VI of 
the Civil Rights Act of 1964.
    Subsection (f) includes a sunset provision, providing that 
the bill remains in effect until four years after the date of 
its enactment.

Section 4. GAO report

    This section requires GAO to submit a report to Congress on 
the state of federal grants, programs, and resources devoted to 
safety and security for nonprofit organizations, including 
faith-based organizations, and houses of worship.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE



    S. 1886 would require the Department of Homeland Security 
(DHS) to publish information regarding the safety and security 
of faith-based organizations and houses of worship, including 
best practices for those entities and information on relevant 
federal and state grant programs. The bill would require DHS to 
establish and administer a website as the primary federal 
source for that information within nine months of enactment. 
The agency also would be required to designate at least one 
employee to assist website users and report to the Congress 
annually on the bill's implementation. The bill's requirements 
would sunset four years after enactment.
    CBO assumes that the bill will be enacted late in fiscal 
year 2023, and consequently, the bill's requirements are 
assumed to sunset after fiscal year 2027.
    Using information from DHS about similar programs, CBO 
estimates that implementing the bill would cost about $4 
million in 2024 and $3 million each year thereafter through 
2027, for a total of $13 million over the 2023-2028 period; 
such spending would be subject to the availability of 
appropriated funds. CBO estimates that approximately $5 million 
would be needed for staffing over the 2023-2028 period. That 
estimate includes the initial cost of about 10 agency employees 
who would establish the website and compile information 
required in the bill. After 2024, CBO estimates that five 
employees would be needed to manage the website, develop 
content, assist users, and report to the Congress. The 
remaining $8 million would be needed for other operational 
costs, primarily for IT services to design and maintain the 
website.
    In addition, S. 1886 would require the Government 
Accountability Office (GAO) to evaluate relevant federal 
programs that provide assistance to faith-based organizations 
and houses of worship and report to the Congress. Using 
information from GAO about the cost of similar activities, CBO 
estimates that implementing that requirement would cost less 
than $500,000.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 750 (administration of justice).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1886
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       0       4       3       3       3       0         13
Estimated Outlays....................................       0       4       3       3       3       *         13
----------------------------------------------------------------------------------------------------------------
* =between zero and $500,000.

    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by Emily Stern, Senior Adviser for Budget 
Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.