[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
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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\
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\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.
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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\
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\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).
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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\
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\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.
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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.
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\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).
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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
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By fiscal year, millions of dollars--
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2023 2024 2025 2026 2027 2028 2023-2028
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Estimated Authorization.............................. 0 4 3 3 3 0 13
Estimated Outlays.................................... 0 4 3 3 3 * 13
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* =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.