A bill to amend title 38, United States Code, to reorganize the Chaplain Service of the Department of Veterans Affairs, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 3128 To amend title 38, United States Code, to reorganize the Chaplain Service of the Department of Veterans Affairs, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Mr. LANKFORD (for himself and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to reorganize the Chaplain Service of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. REORGANIZATION OF CHAPLAIN SERVICE OF 3 DEPARTMENT OF VETERANS AFFAIRS. 4 (a) CHAPLAIN SERVICE.— 5 (1) IN GENERAL.—Chapter 3 of title 38, United 6 States Code, is amended by adding at the end the 7 following new section: 8 VerDate Sep 11 2014 15:57 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3128 IS ‘‘§ 324. Chaplain Service 1 ‘‘(a) ESTABLISHMENT.—There is in the Department 2 a Chaplain Service for the provision of religious pastoral 3 care, which may include clinical services by chaplains. 4 ‘‘(b) CHIEF OF CHAPLAIN SERVICES.—(1) The head 5 of the Chaplain Service shall be the Chief of Chaplain 6 Services (in this section referred to as the ‘Chief’), who 7 shall be appointed by the President, by and with the advice 8 and consent of the Senate. 9 ‘‘(2) The Chief shall report directly to the Secretary. 10 ‘‘(3)(A) The Chief shall oversee the Chaplain Service 11 and shall be the proponent for, and coordinate with the 12 Secretary on, all guidance pertaining to pastoral care, 13 faith-based programs and instruction, and any policy or 14 guidance pertaining to religion or religious accommoda- 15 tion. 16 ‘‘(B) All appropriate offices of the Department will 17 coordinate with the Chief on best practices to implement 18 guidance or policy pertaining to religion or religious ac- 19 commodation. 20 ‘‘(4) The office of the Chief shall be colocated with 21 the Central Office of the Department. 22 ‘‘(c) PASTORAL SERVICES.—(1) A chaplain in the 23 Chaplain Service shall provide religious pastoral services 24 and care, which may include clinical services as a part of 25 their pastoral duties, across all of the components of the 26 VerDate Sep 11 2014 15:57 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3128 IS Department set forth in section 301(c) of this title, as the 1 Secretary and the Chief consider appropriate. 2 ‘‘(2) A chaplain in the Chaplain Service may be hired 3 under section 7401(5) of this title for the provision of clin- 4 ical services. 5 ‘‘(3) A chaplain described in paragraph (2) shall be 6 considered an employee of the Chaplain Service and shall 7 furnish services across the Department as a whole, includ- 8 ing the Veterans Health Administration, the Veterans 9 Benefits Administration, and the National Cemetery Ad- 10 ministration. 11 ‘‘(4) The Chief shall coordinate with the Under Sec- 12 retary for Health on the furnishing of clinical services by 13 chaplains described in paragraph (2). 14 ‘‘(d) PROTECTION OF CHAPLAIN SERVICES.—The 15 Secretary may not require a chaplain in the Chaplain 16 Service to perform any rite, ritual, or ceremony that is 17 contrary to the conscience, moral principles, or religious 18 beliefs of such chaplain. 19 ‘‘(e) REGULATIONS.—The Secretary shall issue regu- 20 lations implementing the protections afforded by this sec- 21 tion.’’. 22 (2) CLERICAL AMENDMENT.—The table of sec- 23 tions at the beginning of chapter 3 of such title is 24 VerDate Sep 11 2014 15:57 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3128 IS amended by adding at the end the following new 1 item: 2 ‘‘324. Chaplain Service.’’. (b) CONFORMING AMENDMENTS.— 3 (1) CONFORMING AMENDMENT FOR OFFICE OF 4 THE UNDER SECRETARY FOR HEALTH.—Section 5 7306 of such title is amended— 6 (A) by striking subsection (e); and 7 (B) by redesignating subsection (f) as sub- 8 section (e). 9 (2) CONFORMING AMENDMENT REGARDING AP- 10 POINTMENT OF CHAPLAINS FOR PROVISION OF CLIN- 11 ICAL SERVICES.—Section 7401 of title 38, United 12 States Code, is amended by adding at the end the 13 following new paragraph: 14 ‘‘(5) Chaplains with demonstrated ability in the 15 provision of clinical services.’’. 16 Æ VerDate Sep 11 2014 15:57 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3128.IS S3128 pamtmann on DSKBC07HB2PROD with BILLS