November 13, 2023

VIA ELECTRONIC SUBMISSION

Greg DiNapoli

Deputy Director, Center for Faith-based and Community Initiatives

Federal Emergency Management Agency

500 C St., SW,

Washington, D.C. 20472

RE: Docket No. DHS-2006-0065

Mr. DiNapoli:

We would like to express our support for the Department of Homeland
Security's proposal \[Docket No. DHS-2006-0065\] to require its agencies
to not discriminate against Faith-Based organizations when administering
Federal funds.

Faith-Based organizations are often in a better position to administer
certain social services and relief programs due to their strong ties to
the local community. Because these organizations already serve their
communities in these capacities (ex. by operating soup kitchens or
homeless shelters), they possess a greater understanding of the wants
and needs of the community. Additionally, most, if not all religious
organizations believe in helping others who are in great need. These
beliefs are perfectly aligned with Homeland Security's objectives in
providing relief to citizens during times of disaster. This alignment of
interests between Homeland Security and the faith-based organizations
make faith-based organizations perfect candidates to implement Homeland
Security's relief programs.

Next, this rule also provides citizens with the choice of receiving
federal assistance and spiritual counseling through one organization. In
times of disaster and misfortune, people often need spiritual guidance
in addition to financial assistance and access to food and shelter. By
providing faith-based organizations with Federal funds to administer
relief programs, this allows citizens the opportunity to receive life's
necessities and religious counseling by visiting one organization.

Finally, this rule does not infringe upon the Establishment Clause of
the First Amendment to the United States Constitution. The United States
Supreme Court has upheld other federal programs that grant religious
organizations money to provide secular social services to the community.
In *Bowen v. Kendrick*, 478 U.S. 589 (1988), the Supreme Court upheld a
federal law that gave faith-based organizations Federal funds to provide
social services with the goal of reducing teenage pregnancy. There, the
Supreme Court held that the use of federal funds in that manner did not
violate the three part test set out in *Lemon v. Kurtzam,* 403 U.S. 602
(1971). Following the Supreme Court's logic in *Bowen* and *Lemon*, the
rule proposed by Homeland Security would pass the *Lemon* Test. Under
step one of the *Lemon* Test, Homeland Security's faith-based initiative
has the secular purpose of providing disaster relief and social services
through religious organizations. At step two, by allowing faith-based
organizations to receive Federal funds to provide these social services,
the government is not advancing religion. The restrictions on the use of
the federal funds located in Section 19.4 of the proposed rule ensures
that faith-based organizations will not use federal funds to advance
their religious causes. Under the third and final part of the *Lemon*
Test, the proposed rule does not create an excessive entanglement of
church and state. Under sections 19.6 and 19.7, the rule prevents the
government from interfering with the day to day operations of the
religious organization.

For the foregoing reasons, we support the rule proposed by Homeland
Security to allow faith-based organizations the equal opportunity to
compete for federal grants.

Sincerely,

Khary Talley and Steven Moulds

JD Candidates

Walter F. George School of Law

Mercer University

1021 Georgia Avenue

Macon, GA 31201