82_FR_1291 82 FR 1288 - Ecclesiastical Endorsing Organizations

82 FR 1288 - Ecclesiastical Endorsing Organizations

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range1288-1294
FR Document2016-31949

The Department of Veterans Affairs (VA) proposes to amend its medical regulations by establishing in regulation the eligibility requirements that ecclesiastical endorsing organizations must meet in order to provide ecclesiastical endorsements of individuals seeking employment as VA chaplains or of individuals who are seeking to be engaged by VA under contract or appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405. VA considers the veterans' spiritual care an integral part of the veterans' overall health care. As such, VA is committed to providing qualified VA chaplains to address the veterans' spiritual needs by engaging chaplains that are ecclesiastically endorsed. Ecclesiastical endorsement would certify that the individual is qualified to perform all the religious sacraments, rites, rituals, ceremonies and ordinances needed by members of a particular faith.

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1288-1294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31949]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP83


Ecclesiastical Endorsing Organizations

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
medical regulations by establishing in regulation the eligibility 
requirements that ecclesiastical endorsing organizations must meet in 
order to provide ecclesiastical endorsements of individuals seeking 
employment as VA chaplains or of individuals who are seeking to be 
engaged by VA under contract or appointed as on-facility fee basis VA 
chaplains under 38 U.S.C. 7405. VA considers the veterans' spiritual 
care an integral part of the veterans' overall health care. As such, VA 
is committed to providing qualified VA chaplains to address the 
veterans' spiritual needs by engaging chaplains that are 
ecclesiastically endorsed. Ecclesiastical endorsement would certify 
that the individual is qualified to perform all the religious 
sacraments, rites, rituals, ceremonies and ordinances needed by members 
of a particular faith.

DATES: Comments must be received by VA on or before March 6, 2017.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to: Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. (This is not a toll-free telephone number.) Comments should 
indicate that they are submitted in response to ``RIN 2900-AP83-
Ecclesiastical Endorsing Organizations.'' Copies of comments received 
will be available for public inspection in the Office of Regulation 
Policy and Management, Room 1068, between the hours of 8:00 a.m. and 
4:30 p.m., Monday through Friday (except holidays). Please call (202) 
461-4902 for an appointment. (This is not a toll-free telephone 
number.) In addition, during the comment period, comments may be viewed 
online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Batten, Program Analyst, National 
Chaplain Center, Veterans Health Administration, Department of Veterans 
Affairs Medical Center, 100

[[Page 1289]]

Emancipation Dr., Hampton VA 23667; (757) 728-7062. (This is not a 
toll-free number.)

SUPPLEMENTARY INFORMATION: Under 38 CFR 17.33, VA shall make available 
to each patient the opportunity for religious worship. The VA National 
Chaplain Service was established on August 1, 1945, to provide veterans 
the opportunity for such worship and other forms of spiritual care. VA 
employs chaplains in accordance with 5 CFR 213.3102(a) to provide for 
the spiritual component of health care in accordance to the spiritual 
needs of veterans. VA may employ chaplains in temporary appointments, 
on an on-facility fee basis appointment under 38 U.S.C. 7405, and may 
engage chaplains under contract. By requiring that chaplains be 
ecclesiastically endorsed, VA ensures that chaplains are qualified to 
perform the rites, rituals, or ceremonies that are unique to each 
faith. Before the year 2000, VA did not have a process in place to 
address endorsement of chaplains and relied on criteria established by 
the Department of Defense's (DoD) Armed Forces Chaplain Board (AFCB) at 
DoD Instruction 1304.28. Under these criteria, an individual cannot 
serve as chaplain unless he or she is endorsed by an ecclesiastical 
endorsing organization. The purpose is to ensure that the chaplain is 
recognized as an individual who is authorized by that organization to 
perform pastoral duties. The ecclesiastical endorsing organization must 
submit a request to VA to designate an ecclesiastical endorser. This 
request provides VA with the information on the ecclesiastical 
endorsing organization and identifies the individual whom the 
organization designates as the official authorized to sign 
ecclesiastical endorsements. VA reviews the information provided and 
approves the request.
    Before the year 2000, VA accepted endorsements from ecclesiastical 
endorsing organizations recognized by DoD to perform this function as a 
means of avoiding duplication of effort on VA's part and because such 
organizations would be better able to address veterans' needs, having 
provided for the veterans' spiritual care while on active duty. In 
1998, VA determined that it needed to establish its own policy on 
accepting ecclesiastical endorsements. The rationale was that there 
might be organizations that would endorse members seeking to work for 
VA, but would not permit their members to work as military chaplains, 
either for theological or other reasons. There might also be 
ecclesiastical endorsing organizations that have members who wish to 
work as VA chaplains and none who wish to become military chaplains. By 
accepting endorsements only from ecclesiastical endorsing organizations 
recognized by DoD, VA was unnecessarily limiting the pool of ministers 
who could serve as VA chaplains. We would, however, use similar 
definitions of terms defined by DoD in order to maintain consistency 
between government agencies. VA has been successfully implementing 
since the year 2000, via internal policy, the eligibility requirements 
that ecclesiastical endorsing organizations must meet to endorse 
individuals who are seeking employment as VA chaplains or of 
individuals who are seeking to be engaged by VA under contract or 
appointed as on-facility fee basis VA chaplains under 38 U.S.C. 
7405.\1\ However, VA subsequently determined a formal rulemaking would 
be prudent in order to make the process transparent. VA considers a 
veteran's spiritual care an integral part of the veteran's health care. 
By requiring that all VA chaplains be endorsed by an ecclesiastical 
endorsing organization that meets certain criteria, VA is ensuring that 
chaplains are providing for the religious needs of veterans. VA does 
not prefer any religion and respects a veteran's right by only 
providing religious and spiritual care to those veterans who request 
it. VA has established in policy a process by which ecclesiastical 
endorsing organizations designate an individual as authorized to sign 
ecclesiastical endorsements of its members seeking employment as VA 
chaplains or be engaged by VA under contract or appointed as on-
facility fee basis VA chaplains under 38 U.S.C. 7405. Through this 
rulemaking, VA would establish this policy in regulation, which would 
promote transparency in the process as well as safeguard VA from the 
appearance of favoritism of an ecclesiastical endorsing organization 
over another. We would establish this process in proposed Sec.  17.655.
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    \1\ Ecclesiastical Endorsing Organizations, VA Handbook 1111.1.
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17.655 Ecclesiastical Endorsing Organizations

    Proposed paragraph (a) would be the purpose paragraph. We would 
state that proposed Sec.  17.655 ``establishes the eligibility 
requirements that an ecclesiastical endorsing organization must meet in 
order to provide ecclesiastical endorsements of individuals who are 
seeking employment as VA chaplains or are seeking to be engaged by VA 
under contract or appointed as on-facility fee basis VA chaplains under 
38 U.S.C. 7405.'' VA protects a veteran's right to exercise his or her 
religion. However, VA does not imply approval of the theology or 
practices of the religious organization to which the chaplain belongs. 
VA is also not obligated to employ or engage under VA contract or to 
appoint under 38 U.S.C. 7405 an individual who is endorsed by an 
ecclesiastical endorsing organization for the reasons stated in our 
discussion of proposed paragraph (c). We would state these caveats in 
proposed paragraph (a).
    Proposed paragraph (b) would provide the definitions of terms used 
within proposed Sec.  17.655. In order to be considered for and 
maintain employment as a VA chaplain or be engaged by VA under contract 
or appointed as on-facility fee basis VA chaplains under 38 U.S.C. 
7405, an individual must have ecclesiastical endorsement from an 
ecclesiastical endorsing organization. This requirement would be needed 
to make certain that individuals providing ministry to veterans are 
authorized by their ecclesiastical endorsing organization to provide 
specific ministries. We would add this requirement to the proposed 
definition of ecclesiastical endorsement, which would be defined to 
mean ``a written statement addressed to VA and signed by the designated 
endorsing official of an ecclesiastical endorsing organization 
certifying that an individual is in good standing with the faith group 
or denomination and, in the opinion of the endorsing official, is 
qualified to perform the full range of ministry, including all 
sacraments, rites, ordinances, rituals, and liturgies required by 
members of the faith group.''
    Each ecclesiastical endorsing organization designates an 
ecclesiastical endorsing official or officials, who would endorse 
individuals as being in good standing within that faith and able to 
perform the full range of ministries. We propose to define 
ecclesiastical endorsing official as ``an individual who is authorized 
to provide or withdraw ecclesiastical endorsements on behalf of an 
ecclesiastical endorsing organization.'' This definition would be 
similar to that of DoD.
    An organization that meets the eligibility requirements of proposed 
paragraph (c) and has also been designated as an endorsing agent in 
accordance with proposed paragraph (e) would be termed an 
ecclesiastical endorsing organization. We would

[[Page 1290]]

define this term in proposed paragraph (b).
    Proposed paragraph (c) would state that ecclesiastical endorsing 
organization must ``meet the following requirements before the 
organization can endorse an applicant for VA chaplaincy.'' The first 
requirement is that the ecclesiastical endorsing organization must ``Be 
organized and function exclusively or substantially to provide 
religious ministries to a lay constituency and possess authority to 
both grant and withdraw initial and subsequent ecclesiastical 
endorsement.'' Organizations whose only function is to provide social 
services to the community, health care or education cannot become 
ecclesiastical endorsing organizations. The organization must designate 
an individual(s) who can sign an ecclesiastical endorsement of a member 
of the organization. Maintaining an ecclesiastical endorsement is a 
requirement to maintain employment as a VA chaplain or be engaged by VA 
under contract or appointed as on-facility fee basis VA chaplains under 
38 U.S.C. 7405. The second requirement is that the organization has 
``tax-exempt status as a religious organization or church under the 
Internal Revenue Code, section 501(c)(3).'' Generally, section 501(c) 
of the Internal Revenue Code provides exemption from some federal 
income taxes for various types of nonprofit organizations. Section 
501(c)(3) of the Internal Revenue code addresses religious 
organizations. In order for a religious organization to be tax-exempt 
under rules established by the Internal Revenue Service (IRS), the 
organization must meet the following requirements: be organized and 
operated exclusively for religious, educational, scientific or other 
charitable purposes; net earnings may not inure to the benefit of any 
private individual or shareholder; no substantial part of its activity 
may be attempting to influence legislation; the organization may not 
intervene in political campaigns; and the organization's purposes and 
activities may not be illegal or violate fundamental public policy. The 
IRS makes a distinction between tax-exempt status of a religious 
organization and that of a church. Religious organizations that meet 
the requirements of section 501(c)(3) of the IRC must apply to the IRS 
for tax-exempt status, unless their gross receipts do not normally 
exceed $5,000.00 annually.
    Churches are automatically considered tax-exempt and are not 
required to apply for and obtain recognition of tax-exempt status from 
the IRS. However, although there is no requirement to file for tax-
exempt status, many churches seek recognition of tax-exempt status from 
the IRS because this recognition assures the religious leaders, 
members, and contributors that the church is recognized as exempt and 
qualifies for related tax benefits. VA would require that an 
ecclesiastical endorsing organization, that is seeking to endorse an 
individual for employment as a VA chaplain or an individual seeking to 
be engaged by VA under contract or appointed as on-facility fee basis 
VA chaplains under 38 U.S.C. 7405, obtain the recognition of its status 
as a tax-exempt religious organization or church under section 
501(c)(3) of the Internal Revenue Code.
    The third requirement is that ecclesiastical endorsing 
organizations would need to agree to abide by ``all Federal and VA 
laws, regulations, policies, and issuances on the qualification and 
endorsement of persons for service as VA chaplains.'' We would add this 
requirement as a form of commitment by the ecclesiastical endorsing 
organization to only endorse individuals for service as VA chaplains 
who are willing to abide by these rules.
    We propose to state that the ecclesiastical endorsing organization 
must notify VA in writing of any withdrawal of the ecclesiastical 
endorsement of an endorsed VA chaplain. Such notification must be 
received by VA within ten days of the withdrawal. VA is committed to 
provide veterans with spiritual care from the most qualified 
individuals. If an individual is no longer endorsed by an 
ecclesiastical endorsing organization, such individual will cease to 
meet the requirements of a VA chaplain and may lose his or her VA 
employment, VA contract, or appointment as on-facility fee basis VA 
chaplains under 38 U.S.C. 7405. We would also state that the 
ecclesiastical endorsing organization must provide the documents stated 
in proposed paragraph (d). If an ecclesiastical endorsing organization 
changes the individual authorized as its endorsing official, the 
organization must notify VA of the name and address of the new 
official. VA would need to maintain contact with the ecclesiastical 
endorsing organization through the ecclesiastical endorsing official to 
verify the endorsement status of VA chaplains. The ecclesiastical 
endorsing official of an ecclesiastical endorsing organization is the 
key point of contact between VA and the organization and also between 
an individual who seeks employment as a VA chaplain or an individual 
who is seeking to be engaged under VA contract or appointed as on-
facility fee basis VA chaplains under 38 U.S.C. 7405. The name and 
address of the current official would be maintained by VA for current 
and future VA chaplains. VA publishes the names and contact information 
of the endorsing officials in its Web site so that individuals of a 
particular faith who wish to become VA chaplains know whom they must 
contact within their religious community to seek endorsement. Lastly, 
all ecclesiastical endorsing officials of an ecclesiastical endorsing 
organization must be designated by the same official within such an 
organization. If an ecclesiastical endorsing organization already has a 
recognized ecclesiastical endorsing official and is, therefore, 
accepted as an ecclesiastical endorsing organization, a component of 
that organization cannot designate its own endorsing official and 
become a separate endorsing organization. VA would add this requirement 
to maintain a central point of contact within an organization and to 
avoid any confusion if, for example, one portion of an ecclesiastical 
endorsing organization endorses an individual while another portion 
denies endorsement to that same individual.
    Proposed paragraph (d) would state the documentation that an 
ecclesiastical endorsing organization would need to submit in order to 
be recognized by VA as an ecclesiastical endorsing agent. The 
Department of Defense requires that endorsing organizations submit 
certain materials, and VA also proposes to require those same 
materials.\2\ Further,

[[Page 1291]]

the ecclesiastical endorsing organization must complete the VA form 
that requests designation as an ecclesiastical endorsing agent. In 
order to ensure that the expressed religious needs of the veteran 
population would be met, VA also proposes that ecclesiastical endorsing 
organizations submit documentation that states the organization's 
structure, including copies of the by-laws, constitution, articles of 
incorporation; membership requirements of the organization; membership 
requirements for clergy (education, licensure, experience, ordination, 
etc.); and the organization's beliefs and practices. VA cannot 
recognize more than one ecclesiastical endorsing organization from a 
faith, so this information would also help VA to verify whether the 
ecclesiastical endorsing organization is part of a larger organization 
that has already designated an ecclesiastical endorsing official. VA 
would also request the name of the individual who is seeking employment 
as a VA chaplain or seeking to be engaged by VA under contract or 
appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405. 
VA would not commence the process of considering the request from an 
ecclesiastical endorsing organization unless an individual from that 
organization seeks to be an active member of the VA chaplaincy. VA 
seeks comment on whether any of these requirements would place an undue 
burden on ecclesiastical organizations, and, if so, whether there are 
any alternate, less burdensome ways of ensuring that VA is able to meet 
the expressed religious needs of its veteran population. VA also seeks 
comment on whether it would be better to seek some of these materials 
through sub-regulatory rather than regulatory processes.\3\
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    \2\ The relevant section of Enclosure 3 of the Department of 
Defense Instruction states:
    E3.1.3. The religious organization shall submit documents 
verifying the following information with regard to such 
organization:
    E3.1.3.1. That the religious organization is organized as an 
entity functioning primarily to perform religious ministries to a 
non-military lay constituency and currently holds a section 
501(c)(3) exempt status (Reference (i)) as a church for Federal tax 
purposes from the Internal Revenue Service (IRS) (note ``church'' is 
used by the IRS not to denote a belief system, but to distinguish 
``churches'' from other types of religious organizations; see IRS 
Instructions for Form 1023 Schedule A). Such rules stipulate that 
the particular religious beliefs of the organization are truly and 
sincerely held and that the practices and rituals associated with 
the organization's religious belief or creed are not illegal or 
contrary to clearly defined public policy. In order to determine 
whether a particular religious organization has properly acquired, 
and currently maintains, an IRS tax exempt status and does not 
engage in practices that are illegal or contrary to defined public 
policy, the USD(PR) shall take appropriate steps to verify with the 
DoD Components and other Federal Agencies compliance with these 
requirements.
    E3.1.3.2. That it possesses ecclesiastical authority to grant 
and withdraw initial and subsequent ecclesiastical endorsement for 
ministry in the Armed Forces.
    E3.1.3.3. That it verifies the religious organization shall 
provide chaplains who shall function in a pluralistic environment, 
as defined in this Instruction, and who shall support directly and 
indirectly the free exercise of religion by all members of the 
Military Services, their family members, and other persons 
authorized to be served by the military chaplaincies.
    E3.1.3.4. That it agrees to abide by all DoD Directives, 
Instructions, and other guidance and with Military Department 
regulations and policies on the qualification and endorsement of 
RMPs for service as military chaplains.
    \3\ See Ecclesiastical Endorsing Organizations, VA Handbook 
1111.1.
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    Proposed paragraph (e) would state the notification that VA would 
provide to an ecclesiastical endorsing organization. If an 
ecclesiastical endorsing organization meets the requirements of 
proposed paragraph (c) and has submitted the required documentation 
stated in proposed paragraph (d), VA will notify the ecclesiastical 
endorsing organization in writing that the organization has been 
designated as an ecclesiastical endorsing organization. We would state 
that the designation of an ecclesiastical endorsing organization is for 
a period of 3 years from the date of notification. VA would continue to 
accept ecclesiastical endorsements for 3 years from that organization 
without requiring further documentation unless VA receives evidence 
that the ecclesiastical endorsing organization no longer meets the 
requirements of proposed Sec.  17.655. This would relieve the 
ecclesiastical endorsing organization's burden of supplying VA the 
required documentation every time that the organization endorses an 
individual.
    VA proposes to only consider requests from ecclesiastical endorsing 
organizations to designate an ecclesiastical endorsing official when an 
individual of the requesting ecclesiastical endorsing organization who 
meets the education, training and experience requirements for VA 
chaplains is actively applying for a VA chaplain vacancy, or applying 
for engagement as a VA chaplain under VA contract or applying for an 
appointment as on-facility fee basis VA chaplains under 38 U.S.C. 7405. 
VA has received requests to designate an ecclesiastical endorsing 
official in the past without receiving an application from an 
individual who meets VA chaplain qualification requirements. In such 
cases, VA has instructed the ecclesiastical endorsing organization that 
we would not take any action on such request, but VA would keep the 
request on file for a period of 2 years.
    Proposed paragraph (f) would state the reporting requirements. 
Because ecclesiastical endorsement is a condition of VA employment for 
a VA chaplain, VA must verify the endorsement of each VA chaplain. We 
would state that an ecclesiastical endorsing organization must provide 
an alphabetical listing of individuals endorsed for VA chaplaincy by 
the organization by January 1 of every calendar year. This 
certification would ensure that veterans receive spiritual care from 
endorsed individuals. As previously stated, VA would designate an 
organization as an ecclesiastical endorsing organization for a period 
of 3 years. In order to remain an ecclesiastical endorsing organization 
the organization must provide written documentation that the 
organization continues to meet the requirements of proposed Sec.  
17.655 every 3 years.
    Proposed paragraph (g) would state the steps VA would take to 
rescind an organization's status as an ecclesiastical endorsing 
organization. In most circumstances, a rescission of such status would 
not be considered permanent. VA would first send the ecclesiastical 
endorsing organization written notice stating the reasons for the 
rescission. The ecclesiastical endorsing organization will be given 60 
days to provide a written response addressing VA's concerns. Once the 
ecclesiastical endorsing organization submits the requested evidence or 
after the 60 day time period has expired, whichever comes first, VA 
will review the evidence provided and notify, in writing, the 
organization, and all VA chaplains endorsed by the organization, of its 
decision. An ecclesiastical endorsing organization must submit all 
documentation stated in proposed paragraph (d) to be reconsidered as an 
endorsing organization. As previously stated in this rulemaking, an 
ecclesiastical endorsing organization must meet the eligibility 
requirements of proposed paragraph (c) and submit all of the evidence 
listed in proposed paragraph (d) in order for such organization to 
ecclesiastically endorse individuals for employment as VA chaplains or 
be engaged by VA under contract or appointed as on-facility fee basis 
VA chaplains under 38 U.S.C. 7405. We would, therefore, state ``If an 
ecclesiastical endorsing organization is no longer able to endorse 
individuals for VA chaplaincy in accordance with this section, all 
ecclesiastical endorsements issued by that organization are considered 
to be withdrawn.''

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as proposed to be 
revised by this rulemaking, would represent the exclusive legal 
authority on this subject. No contrary rules or procedures would be 
authorized. All VA guidance would be read to conform with this proposed 
rulemaking if possible or, if not possible, such guidance would be 
superseded by this rulemaking.

Paperwork Reduction Act

    This proposed rule includes a provision constituting a collection 
of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521) that requires approval by the Office of Management and 
Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), VA has submitted a 
copy of this rulemaking to OMB for review.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control

[[Page 1292]]

number. Proposed Sec.  17.655 contains a collection of information 
under the Paperwork Reduction Act of 1995. VA was previously collecting 
this information under OMB control number 2900-0610, which expired on 
September 2, 2008. If OMB does not approve the collection of 
information as requested, VA will immediately remove the provision 
containing a collection of information or take such other action as is 
directed by OMB.
    Comments on the collection of information contained in this 
proposed rule should be submitted to the Office of Management and 
Budget, Attention: Desk Officer for the Department of Veterans Affairs, 
Office of Information and Regulatory Affairs, Washington, DC 20503, 
with copies sent by mail or hand delivery to the Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue 
NW., Room 1068, Washington, DC 20420; fax to (202) 273-9026; or through 
www.Regulations.gov. Comments should indicate that they are submitted 
in response to ``RIN 2900-[WP2015-35] Ecclesiastical Endorsing 
Organizations.''
    OMB is required to make a decision concerning the collections of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment on the proposed rule.
    VA considers comments by the public on proposed collections of 
information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of VA, 
including whether the information will have practical utility;
     Evaluating the accuracy of VA's estimate of the burden of 
the proposed collections of information, including the validity of the 
methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The collections of information contained in Sec.  17.655 are 
described immediately following this paragraph, under their respective 
titles.
    Title: Ecclesiastical Endorsing Organizations.
    Summary of collection of information and description of the need 
for information and proposed use of information: Proposed paragraph (d) 
in Sec.  17.655 would read that an ecclesiastical endorsing 
organization would need to submit documentation in order for VA to 
accept ecclesiastical endorsements of individuals of such organization. 
The information is needed to establish the eligibility requirements 
that an ecclesiastical endorsing organization must meet in order to 
provide ecclesiastical endorsements of an individual who is seeking 
employment as a VA chaplain or who is seeking to be engaged by VA under 
contract or appointed as on-facility fee basis VA chaplains under 38 
U.S.C. 7405. VA has collected this information in the past through 
internal policy and guidance.\4\
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    \4\ Ecclesiastical Endorsing Organizations, VA Handbook 1111.1.
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    Description of likely respondents: Ecclesiastical endorsing 
organizations wishing to endorse applicants for VA Chaplaincy.
    Estimated number of respondents per year: 50.
    Estimated frequency of responses per year: 50 times per year.
    Estimated average burden per response: 45 minutes.
    Estimated total annual reporting and recordkeeping burden: 37.5 
hours.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. This proposed rule would directly affect only 
individuals and would not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial 
and final regulatory flexibility analysis requirements of 5 U.S.C. 603 
and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' requiring review by the Office of 
Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance numbers and 
titles for this rule.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and

[[Page 1293]]

authorized the undersigned to sign and submit the document to the 
Office of the Federal Register for publication electronically as an 
official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on September 15, 2016, for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Health professions, 
Veterans.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on September 15, 2016, for publication.

Janet Coleman,
Chief, Regulation Policy & Management, Office of the Secretary, 
Department of Veterans Affairs.
    For the reasons set out in the preamble, VA proposes to amend 38 
CFR part 17 as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  38 U.S.C. 501, and as noted in specific 
sections.Section 17.655 also issued under 38 U.S.C. 501(a), 7304, 
7405.

0
2. Add a center heading immediately after Sec.  17.647 to read as 
follows:
Chaplain Services
0
3. Add Sec.  17.655 to read as follows:


Sec.  17.655  Ecclesiastical endorsing organizations.

    (a) Purpose. This section establishes the eligibility requirements 
that an ecclesiastical endorsing organization must meet in order to 
provide ecclesiastical endorsements of individuals who are seeking 
employment as VA chaplains or seeking to be engaged by VA under 
contract or appointed as on-facility fee basis VA chaplains under 38 
U.S.C. 7405. Acceptance of an ecclesiastical endorsement by VA does not 
imply any approval by VA of the theology or practices of an 
ecclesiastical endorsing organization, nor does it obligate VA to 
employ the endorsed individual or any other member of the organization.
    (b) Definitions: The following definitions apply to this section:
    (1) Ecclesiastical endorsement means a written statement addressed 
to VA and signed by the designated endorsing official of an 
ecclesiastical endorsing organization certifying that an individual is 
in good standing with the faith group or denomination and, in the 
opinion of the endorsing official, is qualified to perform the full 
range of ministry, including all sacraments, rites, ordinances, 
rituals, and liturgies required by members of the faith group. 
Ecclesiastical endorsement is a condition of employment as a VA 
chaplain. An individual must obtain and maintain a full and active 
ecclesiastical endorsement to be employed as a VA chaplain.
    (2) Ecclesiastical endorsing official means an individual who is 
authorized to provide or withdraw ecclesiastical endorsements on behalf 
of an ecclesiastical endorsing organization.
    (3) Ecclesiastical endorsing organization means an organization 
that meets the eligibility requirements of paragraph (c) of this 
section and has been properly designated as an endorsing organization 
in accordance with paragraph (e) of this section.
    (c) Eligibility to Serve as an Ecclesiastical Endorsing 
Organization. An ecclesiastical endorsing organization must meet the 
following requirements before such organization can endorse an 
applicant for VA chaplaincy:
    (1) Be organized and function exclusively or substantially to 
provide religious ministries to a lay constituency and possess 
authority to both grant and withdraw initial and subsequent 
ecclesiastical endorsements;
    (2) Have tax-exempt status as a religious organization or church 
under the Internal Revenue Code, section 501(c)(3);
    (3) Agree to abide by all Federal and VA laws, regulations, 
policies, and issuances on the qualification and endorsement of persons 
for service as VA chaplains;
    (4) Agree to notify VA in writing of any withdrawal of an existing 
ecclesiastical endorsement within ten days after the date of such 
withdrawal;
    (5) Provide VA the documents stated in paragraph (d) of this 
section;
    (6) Notify VA in writing within 30 days of any change of the name, 
address or contact information of the individual that it designates as 
its ecclesiastical endorsing official; and
    (7) An ecclesiastical endorsing organization that is part of an 
endorsing organization by which its members can be endorsed cannot 
become a separate endorsing organization without the written permission 
of the larger endorsing organization.
    (d) Request to Designate Ecclesiastical Endorser. In order for an 
ecclesiastical endorsing organization to be recognized by VA such 
organization must submit the following:
    (1) A complete VA form that requests the designation of an 
ecclesiastical endorsing official;
    (2) A copy of an Internal Revenue Service document verifying that 
the organization currently holds a section 501(c)(3) exempt status 
(Reference (i)) as a church for Federal tax purposes from the Internal 
Revenue Service (IRS) (note ``church'' is used by the IRS not to denote 
a belief system, but to distinguish ``churches'' from other types of 
religious organizations; see IRS Instructions for Form 1023 Schedule 
A). Such rules stipulate that the particular religious beliefs of the 
organization are truly and sincerely held and that the practices and 
rituals associated with the organization's religious belief or creed 
are not illegal or contrary to clearly defined public policy. In order 
to determine whether a particular religious organization has properly 
acquired, and currently maintains, an IRS tax exempt status and does 
not engage in practices that are illegal or contrary to defined public 
policy, VA shall take appropriate steps to verify compliance with these 
requirements.
    (3) A document verifying that the organization shall provide 
chaplains who shall function in a pluralistic environment, and who 
shall support directly and indirectly the free exercise of religion by 
all veterans, their family members, and other persons authorized to be 
served by VA.
    (4) That it agrees to abide by all VA Directives, Instructions, and 
other guidance, regulations and policies on the qualification and 
endorsement of ministers for service as VA chaplains.
    (5) Documentation that states the structure of the organization, 
including copies of the articles of incorporation, by-laws and 
constitution, membership requirements of the organization, if any, the 
religious beliefs and practices of the organization, and the 
organization's requirements to become clergy; and
    (6) The name and address of the individual who is applying to 
become a VA chaplain. (The Office of Management and Budget has approved 
the information collection requirements in this section under control 
number XXXX-XXXX.)
    (e) Approval of Request to Designate an Ecclesiastical Endorsing 
Official. If an ecclesiastical endorsing organization meets the 
requirements of paragraph (c) of this section and has submitted the 
documents stated in paragraph (d) of this section, VA will notify the

[[Page 1294]]

organization in writing that such organization has been designated as 
an ecclesiastical endorsing organization. The designation will be for a 
period of 3 years from the date of notification. Once an organization 
is designated as an ecclesiastical endorsing organization, VA will 
accept ecclesiastical endorsements from that organization without 
requiring any further documentation from the organization during the 3 
year period, unless VA receives evidence that an organization no longer 
meets the requirements of this section. VA will only take action on an 
initial request to designate an ecclesiastical endorsing official when 
VA receives an application from an individual who is seeking employment 
as a VA chaplain or is seeking to be engaged under VA contract or 
appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405.
    (f) Reporting requirement. (1) To certify that VA chaplains 
continue to be endorsed by an ecclesiastical endorsing organization, 
such organization must provide VA an alphabetical listing of 
individuals who are endorsed by that endorsing organization and are 
employed as VA chaplains or are engaged by VA under contract or 
appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405 by 
January 1 of every calendar year.
    (2) In order for VA to continue to recognize an ecclesiastical 
endorsing organization, such organization must provide written 
documentation that it continues to meet the requirements of this 
section every 3 years.
    (g) Rescission of ecclesiastical endorsing organization. VA may 
rescind an organization's status as an ecclesiastical endorsing 
organization and refuse to accept ecclesiastical endorsements from such 
organization if it no longer meets the requirements of paragraph (c) of 
this section. VA will take the following steps before it rescinds the 
organization's status:
    (1) VA will give the ecclesiastical endorsing organization written 
notice stating the reasons for the rescission and give the organization 
60 days to provide a written reply addressing VA's concerns.
    (2) VA will notify the ecclesiastical endorsing organization and 
all VA chaplains endorsed by the organization in writing of its 
decision after VA reviews the evidence provided by the organization or 
after the 60 day time period has expired, whichever comes first.
    (3) Ecclesiastical endorsing organizations that are notified that 
they may no longer endorse individuals for VA chaplaincy because they 
do not meet the requirements of paragraph (c) of this section must 
resubmit all of the evidence stated in paragraph (d) of this section in 
order to be reconsidered as an endorsing organization.
    (4) If an ecclesiastical endorsing organization is no longer able 
to endorse individuals for VA chaplaincy in accordance with this 
section, all ecclesiastical endorsements issued by that organization 
are considered to be withdrawn.

[FR Doc. 2016-31949 Filed 1-4-17; 8:45 am]
 BILLING CODE 8320-01-P



                                                    1288                                 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules

                                                                                                                Column 1                                                                                           Column 2                                             Column 3

                                                                                                                                                                                                 Rate ($) Montreal to or from Lake                         Rate ($) Welland Canal—Lake On-
                                                              Item                                                    Description of Charges                                                             Ontario (5 locks)                                 tario to or from Lake Erie (8 locks)

                                                                                     (1) a charge per gross registered ton of the ship, applicable wheth-                                       0.1082 ............................................        0.1732.
                                                                                       er the ship is wholly or partially laden, or is in ballast, and the
                                                                                       gross registered tonnage being calculated according to pre-
                                                                                       scribed rules for measurement or under the International Conven-
                                                                                       tion on Tonnage Measurement of Ships, 1969, as amended from
                                                                                       time to time 1.
                                                                                     (2) a charge per metric ton of cargo as certified on the ship’s mani-                                      ........................................................
                                                                                       fest or other document, as follows:
                                                                                       (a) bulk cargo ..................................................................................        1.1217 ............................................        0.7656.
                                                                                       (b) general cargo .............................................................................          2.7028 ............................................        1.2253.
                                                                                       (c) steel slab ....................................................................................      2.4461 ............................................        0.8772.
                                                                                       (d) containerized cargo ...................................................................              1.1217 ............................................        0.7656.
                                                                                       (e) government aid cargo ................................................................                n/a ..................................................     n/a.
                                                                                       (f) grain ............................................................................................   0.6891 ............................................        0.7656.
                                                                                       (g) coal ............................................................................................    0.6891 ............................................        0.7656.
                                                                                     (3) a charge per passenger per lock ..................................................                     1.6806 ............................................        1.6806.
                                                                                     (4) a lockage charge per Gross Registered Ton of the vessel, as                                            n/a ..................................................     0.2884.
                                                                                       defined in tem 1(1), applicable whether the ship is wholly or par-
                                                                                       tially laden, or is in ballast, for transit of the Welland Canal in ei-
                                                                                       ther direction by cargo ships,.
                                                                                   Up to a maximum charge per vessel .....................................................                      n/a ..................................................     4,034.
                                                    2. .........................   Subject to item 3, for partial transit of the Seaway ...............................                         20 per cent per lock of the applica-                       13 per cent per lock of the applica-
                                                                                                                                                                                                  ble charge under items 1(1),                               ble charge under items 1(1),
                                                                                                                                                                                                  1(2) and 1(4) plus the applicable                          1(2) and 1(4) plus the applicable
                                                                                                                                                                                                  charge under items 1(3).                                   charge under items 1(3).
                                                    3. .........................   Minimum charge per vessel per lock transited for full or partial transit                                     28.01 2 ............................................       28.01.
                                                                                     of the Seaway.
                                                    4. .........................   A charge per pleasure craft per lock transited for full or partial transit                                   30.00 4 ............................................       30.00.
                                                                                     of the Seaway, including applicable federal taxes 3.
                                                    5. .........................   Under the New Business Initiative Program, for cargo accepted as                                             20% ................................................       20%.
                                                                                     New Business, a percentage rebate on the applicable cargo
                                                                                     charges for the approved period.
                                                    6. .........................   Under the Volume Rebate Incentive program, a retroactive percent-                                            10% ................................................       10%.
                                                                                     age rebate on cargo tolls on the incremental volume calculated
                                                                                     based on the pre-approved maximum volume.
                                                    7. .........................   Under the New Service Incentive Program, for New Business cargo                                              20% ................................................       20%.
                                                                                     moving under an approved new service, an additional percentage
                                                                                     refund on applicable cargo tolls above the New Business rebate.
                                                       1 Or under the U.S. GRT for vessels prescribed prior to 2002.
                                                      2 The applicable charged under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The
                                                    collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)). The other charges are in Canadian dollars and are for the Cana-
                                                    dian share of tolls.
                                                      3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal.
                                                      4 The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or $30 Canadian per
                                                    lock.


                                                      Issued at Washington, DC, on December 30,                                         organizations must meet in order to                                                   of Veterans Affairs, 810 Vermont Ave.
                                                    2016.                                                                               provide ecclesiastical endorsements of                                                NW., Room 1068, Washington, DC
                                                    Saint Lawrence Seaway Development                                                   individuals seeking employment as VA                                                  20420; or by fax to (202) 273–9026.
                                                    Corporation.                                                                        chaplains or of individuals who are                                                   (This is not a toll-free telephone
                                                    Carrie Lavigne,                                                                     seeking to be engaged by VA under                                                     number.) Comments should indicate
                                                    Chief Counsel.                                                                      contract or appointed as on-facility fee                                              that they are submitted in response to
                                                    [FR Doc. 2016–32001 Filed 1–4–17; 8:45 am]                                          basis VA chaplains under 38 U.S.C.                                                    ‘‘RIN 2900–AP83-Ecclesiastical
                                                    BILLING CODE 4910–61–P                                                              7405. VA considers the veterans’                                                      Endorsing Organizations.’’ Copies of
                                                                                                                                        spiritual care an integral part of the                                                comments received will be available for
                                                                                                                                        veterans’ overall health care. As such,                                               public inspection in the Office of
                                                    DEPARTMENT OF VETERANS                                                              VA is committed to providing qualified                                                Regulation Policy and Management,
                                                    AFFAIRS                                                                             VA chaplains to address the veterans’                                                 Room 1068, between the hours of 8:00
                                                                                                                                        spiritual needs by engaging chaplains                                                 a.m. and 4:30 p.m., Monday through
                                                    38 CFR Part 17                                                                      that are ecclesiastically endorsed.                                                   Friday (except holidays). Please call
                                                                                                                                        Ecclesiastical endorsement would                                                      (202) 461–4902 for an appointment.
                                                    RIN 2900–AP83
                                                                                                                                        certify that the individual is qualified to                                           (This is not a toll-free telephone
                                                    Ecclesiastical Endorsing                                                            perform all the religious sacraments,                                                 number.) In addition, during the
                                                    Organizations                                                                       rites, rituals, ceremonies and ordinances                                             comment period, comments may be
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                                        needed by members of a particular faith.                                              viewed online through the Federal
                                                    AGENCY:         Department of Veterans Affairs.                                                                                                                           Docket Management System (FDMS) at
                                                                                                                                        DATES: Comments must be received by
                                                    ACTION:        Proposed rule.                                                       VA on or before March 6, 2017.                                                        http://www.Regulations.gov.
                                                    SUMMARY:   The Department of Veterans                                               ADDRESSES: Written comments may be                                                    FOR FURTHER INFORMATION CONTACT:  John
                                                    Affairs (VA) proposes to amend its                                                  submitted through http://                                                             Batten, Program Analyst, National
                                                    medical regulations by establishing in                                              www.Regulations.gov; by mail or hand-                                                 Chaplain Center, Veterans Health
                                                    regulation the eligibility requirements                                             delivery to: Director, Regulation Policy                                              Administration, Department of Veterans
                                                    that ecclesiastical endorsing                                                       and Management (00REG), Department                                                    Affairs Medical Center, 100


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                                                                            Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules                                            1289

                                                    Emancipation Dr., Hampton VA 23667;                     organizations that have members who                    seeking to be engaged by VA under
                                                    (757) 728–7062. (This is not a toll-free                wish to work as VA chaplains and none                  contract or appointed as on-facility fee
                                                    number.)                                                who wish to become military chaplains.                 basis VA chaplains under 38 U.S.C.
                                                    SUPPLEMENTARY INFORMATION: Under 38                     By accepting endorsements only from                    7405.’’ VA protects a veteran’s right to
                                                    CFR 17.33, VA shall make available to                   ecclesiastical endorsing organizations                 exercise his or her religion. However,
                                                    each patient the opportunity for                        recognized by DoD, VA was                              VA does not imply approval of the
                                                    religious worship. The VA National                      unnecessarily limiting the pool of                     theology or practices of the religious
                                                    Chaplain Service was established on                     ministers who could serve as VA                        organization to which the chaplain
                                                    August 1, 1945, to provide veterans the                 chaplains. We would, however, use                      belongs. VA is also not obligated to
                                                    opportunity for such worship and other                  similar definitions of terms defined by                employ or engage under VA contract or
                                                    forms of spiritual care. VA employs                     DoD in order to maintain consistency                   to appoint under 38 U.S.C. 7405 an
                                                    chaplains in accordance with 5 CFR                      between government agencies. VA has                    individual who is endorsed by an
                                                    213.3102(a) to provide for the spiritual                been successfully implementing since                   ecclesiastical endorsing organization for
                                                    component of health care in accordance                  the year 2000, via internal policy, the                the reasons stated in our discussion of
                                                    to the spiritual needs of veterans. VA                  eligibility requirements that                          proposed paragraph (c). We would state
                                                    may employ chaplains in temporary                       ecclesiastical endorsing organizations                 these caveats in proposed paragraph (a).
                                                    appointments, on an on-facility fee basis               must meet to endorse individuals who                      Proposed paragraph (b) would
                                                    appointment under 38 U.S.C. 7405, and                   are seeking employment as VA                           provide the definitions of terms used
                                                    may engage chaplains under contract.                    chaplains or of individuals who are                    within proposed § 17.655. In order to be
                                                    By requiring that chaplains be                          seeking to be engaged by VA under                      considered for and maintain
                                                    ecclesiastically endorsed, VA ensures                   contract or appointed as on-facility fee               employment as a VA chaplain or be
                                                    that chaplains are qualified to perform                 basis VA chaplains under 38 U.S.C.                     engaged by VA under contract or
                                                    the rites, rituals, or ceremonies that are              7405.1 However, VA subsequently                        appointed as on-facility fee basis VA
                                                    unique to each faith. Before the year                   determined a formal rulemaking would                   chaplains under 38 U.S.C. 7405, an
                                                    2000, VA did not have a process in                      be prudent in order to make the process                individual must have ecclesiastical
                                                    place to address endorsement of                         transparent. VA considers a veteran’s                  endorsement from an ecclesiastical
                                                                                                            spiritual care an integral part of the                 endorsing organization. This
                                                    chaplains and relied on criteria
                                                                                                            veteran’s health care. By requiring that               requirement would be needed to make
                                                    established by the Department of
                                                                                                            all VA chaplains be endorsed by an                     certain that individuals providing
                                                    Defense’s (DoD) Armed Forces Chaplain
                                                                                                            ecclesiastical endorsing organization                  ministry to veterans are authorized by
                                                    Board (AFCB) at DoD Instruction
                                                                                                            that meets certain criteria, VA is                     their ecclesiastical endorsing
                                                    1304.28. Under these criteria, an
                                                                                                            ensuring that chaplains are providing                  organization to provide specific
                                                    individual cannot serve as chaplain
                                                                                                            for the religious needs of veterans. VA                ministries. We would add this
                                                    unless he or she is endorsed by an
                                                                                                            does not prefer any religion and respects              requirement to the proposed definition
                                                    ecclesiastical endorsing organization.
                                                                                                            a veteran’s right by only providing                    of ecclesiastical endorsement, which
                                                    The purpose is to ensure that the
                                                                                                            religious and spiritual care to those                  would be defined to mean ‘‘a written
                                                    chaplain is recognized as an individual
                                                                                                            veterans who request it. VA has                        statement addressed to VA and signed
                                                    who is authorized by that organization
                                                                                                            established in policy a process by which               by the designated endorsing official of
                                                    to perform pastoral duties. The
                                                                                                            ecclesiastical endorsing organizations                 an ecclesiastical endorsing organization
                                                    ecclesiastical endorsing organization
                                                                                                            designate an individual as authorized to               certifying that an individual is in good
                                                    must submit a request to VA to
                                                                                                            sign ecclesiastical endorsements of its                standing with the faith group or
                                                    designate an ecclesiastical endorser.
                                                                                                            members seeking employment as VA                       denomination and, in the opinion of the
                                                    This request provides VA with the
                                                                                                            chaplains or be engaged by VA under                    endorsing official, is qualified to
                                                    information on the ecclesiastical
                                                                                                            contract or appointed as on-facility fee               perform the full range of ministry,
                                                    endorsing organization and identifies
                                                                                                            basis VA chaplains under 38 U.S.C.                     including all sacraments, rites,
                                                    the individual whom the organization
                                                                                                            7405. Through this rulemaking, VA                      ordinances, rituals, and liturgies
                                                    designates as the official authorized to
                                                                                                            would establish this policy in                         required by members of the faith
                                                    sign ecclesiastical endorsements. VA
                                                                                                            regulation, which would promote                        group.’’
                                                    reviews the information provided and
                                                                                                            transparency in the process as well as
                                                    approves the request.                                                                                             Each ecclesiastical endorsing
                                                                                                            safeguard VA from the appearance of
                                                      Before the year 2000, VA accepted                                                                            organization designates an ecclesiastical
                                                                                                            favoritism of an ecclesiastical endorsing
                                                    endorsements from ecclesiastical                                                                               endorsing official or officials, who
                                                                                                            organization over another. We would
                                                    endorsing organizations recognized by                                                                          would endorse individuals as being in
                                                                                                            establish this process in proposed
                                                    DoD to perform this function as a means                                                                        good standing within that faith and able
                                                                                                            § 17.655.
                                                    of avoiding duplication of effort on VA’s                                                                      to perform the full range of ministries.
                                                    part and because such organizations                     17.655 Ecclesiastical Endorsing                        We propose to define ecclesiastical
                                                    would be better able to address veterans’               Organizations                                          endorsing official as ‘‘an individual who
                                                    needs, having provided for the veterans’                   Proposed paragraph (a) would be the                 is authorized to provide or withdraw
                                                    spiritual care while on active duty. In                 purpose paragraph. We would state that                 ecclesiastical endorsements on behalf of
                                                    1998, VA determined that it needed to                   proposed § 17.655 ‘‘establishes the                    an ecclesiastical endorsing
                                                    establish its own policy on accepting                                                                          organization.’’ This definition would be
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                                                                                                            eligibility requirements that an
                                                    ecclesiastical endorsements. The                        ecclesiastical endorsing organization                  similar to that of DoD.
                                                    rationale was that there might be                       must meet in order to provide                             An organization that meets the
                                                    organizations that would endorse                        ecclesiastical endorsements of                         eligibility requirements of proposed
                                                    members seeking to work for VA, but                     individuals who are seeking                            paragraph (c) and has also been
                                                    would not permit their members to                       employment as VA chaplains or are                      designated as an endorsing agent in
                                                    work as military chaplains, either for                                                                         accordance with proposed paragraph (e)
                                                    theological or other reasons. There                      1 Ecclesiastical Endorsing Organizations, VA          would be termed an ecclesiastical
                                                    might also be ecclesiastical endorsing                  Handbook 1111.1.                                       endorsing organization. We would


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                                                    1290                    Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules

                                                    define this term in proposed paragraph                  requirement to file for tax-exempt                     contract or appointed as on-facility fee
                                                    (b).                                                    status, many churches seek recognition                 basis VA chaplains under 38 U.S.C.
                                                       Proposed paragraph (c) would state                   of tax-exempt status from the IRS                      7405. The name and address of the
                                                    that ecclesiastical endorsing                           because this recognition assures the                   current official would be maintained by
                                                    organization must ‘‘meet the following                  religious leaders, members, and                        VA for current and future VA chaplains.
                                                    requirements before the organization                    contributors that the church is                        VA publishes the names and contact
                                                    can endorse an applicant for VA                         recognized as exempt and qualifies for                 information of the endorsing officials in
                                                    chaplaincy.’’ The first requirement is                  related tax benefits. VA would require                 its Web site so that individuals of a
                                                    that the ecclesiastical endorsing                       that an ecclesiastical endorsing                       particular faith who wish to become VA
                                                    organization must ‘‘Be organized and                    organization, that is seeking to endorse               chaplains know whom they must
                                                    function exclusively or substantially to                an individual for employment as a VA                   contact within their religious
                                                    provide religious ministries to a lay                   chaplain or an individual seeking to be                community to seek endorsement. Lastly,
                                                    constituency and possess authority to                   engaged by VA under contract or                        all ecclesiastical endorsing officials of
                                                    both grant and withdraw initial and                     appointed as on-facility fee basis VA                  an ecclesiastical endorsing organization
                                                    subsequent ecclesiastical endorsement.’’                chaplains under 38 U.S.C. 7405, obtain                 must be designated by the same official
                                                    Organizations whose only function is to                 the recognition of its status as a tax-                within such an organization. If an
                                                    provide social services to the                          exempt religious organization or church                ecclesiastical endorsing organization
                                                    community, health care or education                     under section 501(c)(3) of the Internal                already has a recognized ecclesiastical
                                                    cannot become ecclesiastical endorsing                  Revenue Code.                                          endorsing official and is, therefore,
                                                    organizations. The organization must                       The third requirement is that                       accepted as an ecclesiastical endorsing
                                                    designate an individual(s) who can sign                 ecclesiastical endorsing organizations                 organization, a component of that
                                                    an ecclesiastical endorsement of a                      would need to agree to abide by ‘‘all                  organization cannot designate its own
                                                    member of the organization.                             Federal and VA laws, regulations,                      endorsing official and become a separate
                                                    Maintaining an ecclesiastical                           policies, and issuances on the                         endorsing organization. VA would add
                                                    endorsement is a requirement to                         qualification and endorsement of                       this requirement to maintain a central
                                                    maintain employment as a VA chaplain                    persons for service as VA chaplains.’’                 point of contact within an organization
                                                    or be engaged by VA under contract or                   We would add this requirement as a                     and to avoid any confusion if, for
                                                    appointed as on-facility fee basis VA                   form of commitment by the                              example, one portion of an ecclesiastical
                                                    chaplains under 38 U.S.C. 7405. The                     ecclesiastical endorsing organization to               endorsing organization endorses an
                                                    second requirement is that the                          only endorse individuals for service as                individual while another portion denies
                                                    organization has ‘‘tax-exempt status as a               VA chaplains who are willing to abide                  endorsement to that same individual.
                                                    religious organization or church under                  by these rules.                                           Proposed paragraph (d) would state
                                                    the Internal Revenue Code, section                         We propose to state that the                        the documentation that an ecclesiastical
                                                    501(c)(3).’’ Generally, section 501(c) of               ecclesiastical endorsing organization                  endorsing organization would need to
                                                    the Internal Revenue Code provides                      must notify VA in writing of any                       submit in order to be recognized by VA
                                                    exemption from some federal income                      withdrawal of the ecclesiastical                       as an ecclesiastical endorsing agent. The
                                                    taxes for various types of nonprofit                    endorsement of an endorsed VA                          Department of Defense requires that
                                                    organizations. Section 501(c)(3) of the                 chaplain. Such notification must be                    endorsing organizations submit certain
                                                    Internal Revenue code addresses                         received by VA within ten days of the                  materials, and VA also proposes to
                                                    religious organizations. In order for a                 withdrawal. VA is committed to provide                 require those same materials.2 Further,
                                                    religious organization to be tax-exempt                 veterans with spiritual care from the
                                                    under rules established by the Internal                 most qualified individuals. If an                         2 The relevant section of Enclosure 3 of the

                                                    Revenue Service (IRS), the organization                 individual is no longer endorsed by an                 Department of Defense Instruction states:
                                                    must meet the following requirements:                   ecclesiastical endorsing organization,                    E3.1.3. The religious organization shall submit
                                                                                                                                                                   documents verifying the following information with
                                                    be organized and operated exclusively                   such individual will cease to meet the                 regard to such organization:
                                                    for religious, educational, scientific or               requirements of a VA chaplain and may                     E3.1.3.1. That the religious organization is
                                                    other charitable purposes; net earnings                 lose his or her VA employment, VA                      organized as an entity functioning primarily to
                                                    may not inure to the benefit of any                     contract, or appointment as on-facility                perform religious ministries to a non-military lay
                                                                                                                                                                   constituency and currently holds a section 501(c)(3)
                                                    private individual or shareholder; no                   fee basis VA chaplains under 38 U.S.C.                 exempt status (Reference (i)) as a church for Federal
                                                    substantial part of its activity may be                 7405. We would also state that the                     tax purposes from the Internal Revenue Service
                                                    attempting to influence legislation; the                ecclesiastical endorsing organization                  (IRS) (note ‘‘church’’ is used by the IRS not to
                                                    organization may not intervene in                       must provide the documents stated in                   denote a belief system, but to distinguish
                                                                                                            proposed paragraph (d). If an                          ‘‘churches’’ from other types of religious
                                                    political campaigns; and the                                                                                   organizations; see IRS Instructions for Form 1023
                                                    organization’s purposes and activities                  ecclesiastical endorsing organization                  Schedule A). Such rules stipulate that the particular
                                                    may not be illegal or violate                           changes the individual authorized as its               religious beliefs of the organization are truly and
                                                    fundamental public policy. The IRS                      endorsing official, the organization must              sincerely held and that the practices and rituals
                                                                                                            notify VA of the name and address of                   associated with the organization’s religious belief or
                                                    makes a distinction between tax-exempt                                                                         creed are not illegal or contrary to clearly defined
                                                    status of a religious organization and                  the new official. VA would need to                     public policy. In order to determine whether a
                                                    that of a church. Religious organizations               maintain contact with the ecclesiastical               particular religious organization has properly
                                                    that meet the requirements of section                   endorsing organization through the                     acquired, and currently maintains, an IRS tax
                                                    501(c)(3) of the IRC must apply to the                  ecclesiastical endorsing official to verify            exempt status and does not engage in practices that
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                                                                                                                                                                   are illegal or contrary to defined public policy, the
                                                    IRS for tax-exempt status, unless their                 the endorsement status of VA chaplains.                USD(PR) shall take appropriate steps to verify with
                                                    gross receipts do not normally exceed                   The ecclesiastical endorsing official of               the DoD Components and other Federal Agencies
                                                    $5,000.00 annually.                                     an ecclesiastical endorsing organization               compliance with these requirements.
                                                       Churches are automatically                           is the key point of contact between VA                    E3.1.3.2. That it possesses ecclesiastical authority
                                                    considered tax-exempt and are not                       and the organization and also between                  to grant and withdraw initial and subsequent
                                                                                                                                                                   ecclesiastical endorsement for ministry in the
                                                    required to apply for and obtain                        an individual who seeks employment as                  Armed Forces.
                                                    recognition of tax-exempt status from                   a VA chaplain or an individual who is                     E3.1.3.3. That it verifies the religious organization
                                                    the IRS. However, although there is no                  seeking to be engaged under VA                         shall provide chaplains who shall function in a



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                                                                            Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules                                             1291

                                                    the ecclesiastical endorsing organization               ecclesiastical endorsing organization in               endorsing organization. In most
                                                    must complete the VA form that                          writing that the organization has been                 circumstances, a rescission of such
                                                    requests designation as an ecclesiastical               designated as an ecclesiastical                        status would not be considered
                                                    endorsing agent. In order to ensure that                endorsing organization. We would state                 permanent. VA would first send the
                                                    the expressed religious needs of the                    that the designation of an ecclesiastical              ecclesiastical endorsing organization
                                                    veteran population would be met, VA                     endorsing organization is for a period of              written notice stating the reasons for the
                                                    also proposes that ecclesiastical                       3 years from the date of notification. VA              rescission. The ecclesiastical endorsing
                                                    endorsing organizations submit                          would continue to accept ecclesiastical                organization will be given 60 days to
                                                    documentation that states the                           endorsements for 3 years from that                     provide a written response addressing
                                                    organization’s structure, including                     organization without requiring further                 VA’s concerns. Once the ecclesiastical
                                                    copies of the by-laws, constitution,                    documentation unless VA receives                       endorsing organization submits the
                                                    articles of incorporation; membership                   evidence that the ecclesiastical                       requested evidence or after the 60 day
                                                    requirements of the organization;                       endorsing organization no longer meets                 time period has expired, whichever
                                                    membership requirements for clergy                      the requirements of proposed § 17.655.                 comes first, VA will review the evidence
                                                    (education, licensure, experience,                      This would relieve the ecclesiastical                  provided and notify, in writing, the
                                                    ordination, etc.); and the organization’s               endorsing organization’s burden of                     organization, and all VA chaplains
                                                    beliefs and practices. VA cannot                        supplying VA the required                              endorsed by the organization, of its
                                                    recognize more than one ecclesiastical                  documentation every time that the                      decision. An ecclesiastical endorsing
                                                    endorsing organization from a faith, so                 organization endorses an individual.                   organization must submit all
                                                    this information would also help VA to                     VA proposes to only consider requests               documentation stated in proposed
                                                    verify whether the ecclesiastical                       from ecclesiastical endorsing                          paragraph (d) to be reconsidered as an
                                                    endorsing organization is part of a larger              organizations to designate an                          endorsing organization. As previously
                                                    organization that has already designated                ecclesiastical endorsing official when an              stated in this rulemaking, an
                                                    an ecclesiastical endorsing official. VA                individual of the requesting                           ecclesiastical endorsing organization
                                                    would also request the name of the                      ecclesiastical endorsing organization                  must meet the eligibility requirements
                                                    individual who is seeking employment                    who meets the education, training and                  of proposed paragraph (c) and submit all
                                                    as a VA chaplain or seeking to be                       experience requirements for VA                         of the evidence listed in proposed
                                                    engaged by VA under contract or                         chaplains is actively applying for a VA                paragraph (d) in order for such
                                                    appointed as on-facility fee basis VA                   chaplain vacancy, or applying for                      organization to ecclesiastically endorse
                                                    chaplains under 38 U.S.C. 7405. VA                      engagement as a VA chaplain under VA                   individuals for employment as VA
                                                    would not commence the process of                       contract or applying for an appointment                chaplains or be engaged by VA under
                                                    considering the request from an                         as on-facility fee basis VA chaplains                  contract or appointed as on-facility fee
                                                    ecclesiastical endorsing organization                   under 38 U.S.C. 7405. VA has received                  basis VA chaplains under 38 U.S.C.
                                                    unless an individual from that                          requests to designate an ecclesiastical                7405. We would, therefore, state ‘‘If an
                                                    organization seeks to be an active                      endorsing official in the past without                 ecclesiastical endorsing organization is
                                                    member of the VA chaplaincy. VA seeks                   receiving an application from an                       no longer able to endorse individuals for
                                                    comment on whether any of these                         individual who meets VA chaplain                       VA chaplaincy in accordance with this
                                                    requirements would place an undue                       qualification requirements. In such                    section, all ecclesiastical endorsements
                                                    burden on ecclesiastical organizations,                 cases, VA has instructed the                           issued by that organization are
                                                    and, if so, whether there are any                       ecclesiastical endorsing organization                  considered to be withdrawn.’’
                                                    alternate, less burdensome ways of                      that we would not take any action on
                                                    ensuring that VA is able to meet the                    such request, but VA would keep the                    Effect of Rulemaking
                                                    expressed religious needs of its veteran                request on file for a period of 2 years.                 Title 38 of the Code of Federal
                                                    population. VA also seeks comment on                       Proposed paragraph (f) would state                  Regulations, as proposed to be revised
                                                    whether it would be better to seek some                 the reporting requirements. Because                    by this rulemaking, would represent the
                                                    of these materials through sub-                         ecclesiastical endorsement is a                        exclusive legal authority on this subject.
                                                    regulatory rather than regulatory                       condition of VA employment for a VA                    No contrary rules or procedures would
                                                    processes.3                                             chaplain, VA must verify the                           be authorized. All VA guidance would
                                                       Proposed paragraph (e) would state                   endorsement of each VA chaplain. We                    be read to conform with this proposed
                                                    the notification that VA would provide                  would state that an ecclesiastical                     rulemaking if possible or, if not
                                                    to an ecclesiastical endorsing                          endorsing organization must provide an                 possible, such guidance would be
                                                    organization. If an ecclesiastical                      alphabetical listing of individuals                    superseded by this rulemaking.
                                                    endorsing organization meets the                        endorsed for VA chaplaincy by the
                                                                                                            organization by January 1 of every                     Paperwork Reduction Act
                                                    requirements of proposed paragraph (c)
                                                    and has submitted the required                          calendar year. This certification would                  This proposed rule includes a
                                                    documentation stated in proposed                        ensure that veterans receive spiritual                 provision constituting a collection of
                                                    paragraph (d), VA will notify the                       care from endorsed individuals. As                     information under the Paperwork
                                                                                                            previously stated, VA would designate                  Reduction Act of 1995 (44 U.S.C. 3501–
                                                    pluralistic environment, as defined in this             an organization as an ecclesiastical                   3521) that requires approval by the
                                                    Instruction, and who shall support directly and         endorsing organization for a period of 3               Office of Management and Budget
                                                    indirectly the free exercise of religion by all         years. In order to remain an                           (OMB). Accordingly, under 44 U.S.C.
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                                                    members of the Military Services, their family
                                                    members, and other persons authorized to be served      ecclesiastical endorsing organization the              3507(d), VA has submitted a copy of
                                                    by the military chaplaincies.                           organization must provide written                      this rulemaking to OMB for review.
                                                      E3.1.3.4. That it agrees to abide by all DoD          documentation that the organization                      OMB assigns control numbers to
                                                    Directives, Instructions, and other guidance and        continues to meet the requirements of                  collections of information it approves.
                                                    with Military Department regulations and policies                                                              VA may not conduct or sponsor, and a
                                                    on the qualification and endorsement of RMPs for
                                                                                                            proposed § 17.655 every 3 years.
                                                    service as military chaplains.                             Proposed paragraph (g) would state                  person is not required to respond to, a
                                                      3 See Ecclesiastical Endorsing Organizations, VA      the steps VA would take to rescind an                  collection of information unless it
                                                    Handbook 1111.1.                                        organization’s status as an ecclesiastical             displays a currently valid OMB control


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                                                    1292                    Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules

                                                    number. Proposed § 17.655 contains a                      Title: Ecclesiastical Endorsing                      quantifying both costs and benefits,
                                                    collection of information under the                     Organizations.                                         reducing costs, harmonizing rules, and
                                                    Paperwork Reduction Act of 1995. VA                       Summary of collection of information                 promoting flexibility. Executive Order
                                                    was previously collecting this                          and description of the need for                        12866 (Regulatory Planning and
                                                    information under OMB control number                    information and proposed use of                        Review) defines a ‘‘significant
                                                    2900–0610, which expired on                             information: Proposed paragraph (d) in                 regulatory action,’’ requiring review by
                                                    September 2, 2008. If OMB does not                      § 17.655 would read that an                            the Office of Management and Budget
                                                    approve the collection of information as                ecclesiastical endorsing organization                  (OMB), unless OMB waives such
                                                    requested, VA will immediately remove                   would need to submit documentation in                  review, as ‘‘any regulatory action that is
                                                    the provision containing a collection of                order for VA to accept ecclesiastical                  likely to result in a rule that may: (1)
                                                    information or take such other action as                endorsements of individuals of such                    Have an annual effect on the economy
                                                    is directed by OMB.                                     organization. The information is needed                of $100 million or more or adversely
                                                       Comments on the collection of                        to establish the eligibility requirements              affect in a material way the economy, a
                                                    information contained in this proposed                  that an ecclesiastical endorsing                       sector of the economy, productivity,
                                                    rule should be submitted to the Office                  organization must meet in order to                     competition, jobs, the environment,
                                                    of Management and Budget, Attention:                    provide ecclesiastical endorsements of                 public health or safety, or State, local,
                                                    Desk Officer for the Department of                      an individual who is seeking                           or tribal governments or communities;
                                                    Veterans Affairs, Office of Information                 employment as a VA chaplain or who is                  (2) Create a serious inconsistency or
                                                    and Regulatory Affairs, Washington, DC                  seeking to be engaged by VA under                      otherwise interfere with an action taken
                                                    20503, with copies sent by mail or hand                 contract or appointed as on-facility fee               or planned by another agency; (3)
                                                    delivery to the Director, Regulations                   basis VA chaplains under 38 U.S.C.                     Materially alter the budgetary impact of
                                                    Management (02REG), Department of                       7405. VA has collected this information                entitlements, grants, user fees, or loan
                                                    Veterans Affairs, 810 Vermont Avenue                    in the past through internal policy and                programs or the rights and obligations of
                                                    NW., Room 1068, Washington, DC                          guidance.4                                             recipients thereof; or (4) Raise novel
                                                    20420; fax to (202) 273–9026; or through                  Description of likely respondents:                   legal or policy issues arising out of legal
                                                    www.Regulations.gov. Comments                           Ecclesiastical endorsing organizations                 mandates, the President’s priorities, or
                                                    should indicate that they are submitted                 wishing to endorse applicants for VA                   the principles set forth in this Executive
                                                    in response to ‘‘RIN 2900-[WP2015–35]                   Chaplaincy.                                            Order.’’
                                                    Ecclesiastical Endorsing Organizations.’’                 Estimated number of respondents per                     The economic, interagency,
                                                       OMB is required to make a decision                   year: 50.                                              budgetary, legal, and policy
                                                    concerning the collections of                             Estimated frequency of responses per                 implications of this regulatory action
                                                    information contained in this proposed                  year: 50 times per year.                               have been examined, and it has been
                                                    rule between 30 and 60 days after                         Estimated average burden per                         determined not to be a significant
                                                    publication of this document in the                     response: 45 minutes.                                  regulatory action under Executive Order
                                                    Federal Register. Therefore, a comment                    Estimated total annual reporting and                 12866. VA’s impact analysis can be
                                                    to OMB is best assured of having its full               recordkeeping burden: 37.5 hours.                      found as a supporting document at
                                                    effect if OMB receives it within 30 days                                                                       http://www.regulations.gov, usually
                                                    of publication. This does not affect the                Regulatory Flexibility Act
                                                                                                                                                                   within 48 hours after the rulemaking
                                                    deadline for the public to comment on                      The Secretary hereby certifies that                 document is published. Additionally, a
                                                    the proposed rule.                                      this proposed rule would not have a                    copy of the rulemaking and its impact
                                                       VA considers comments by the public                  significant economic impact on a                       analysis are available on VA’s Web site
                                                    on proposed collections of information                  substantial number of small entities as                at http://www.va.gov/orpm/, by
                                                    in—                                                     they are defined in the Regulatory                     following the link for ‘‘VA Regulations
                                                       • Evaluating whether the proposed                    Flexibility Act, 5 U.S.C. 601–612. This                Published From FY 2004 Through Fiscal
                                                    collections of information are necessary                proposed rule would directly affect only               Year to Date.’’
                                                    for the proper performance of the                       individuals and would not directly
                                                    functions of VA, including whether the                  affect small entities. Therefore, pursuant             Unfunded Mandates
                                                    information will have practical utility;                to 5 U.S.C. 605(b), this rulemaking is                    The Unfunded Mandates Reform Act
                                                       • Evaluating the accuracy of VA’s                    exempt from the initial and final                      of 1995 requires, at 2 U.S.C. 1532, that
                                                    estimate of the burden of the proposed                  regulatory flexibility analysis                        agencies prepare an assessment of
                                                    collections of information, including the               requirements of 5 U.S.C. 603 and 604.                  anticipated costs and benefits before
                                                    validity of the methodology and                                                                                issuing any rule that may result in the
                                                    assumptions used;                                       Executive Orders 12866 and 13563
                                                                                                                                                                   expenditure by State, local, and tribal
                                                       • Enhancing the quality, usefulness,                    Executive Orders 12866 and 13563                    governments, in the aggregate, or by the
                                                    and clarity of the information to be                    direct agencies to assess the costs and                private sector, of $100 million or more
                                                    collected; and                                          benefits of available regulatory                       (adjusted annually for inflation) in any
                                                       • Minimizing the burden of the                       alternatives and, when regulation is                   one year. This proposed rule would
                                                    collections of information on those who                 necessary, to select regulatory                        have no such effect on State, local, and
                                                    are to respond, including through the                   approaches that maximize net benefits                  tribal governments, or on the private
                                                    use of appropriate automated,                           (including potential economic,                         sector.
                                                    electronic, mechanical, or other
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                                                                                                            environmental, public health and safety
                                                    technological collection techniques or                  effects, and other advantages;                         Catalog of Federal Domestic Assistance
                                                    other forms of information technology,                  distributive impacts; and equity).                       There are no Catalog of Federal
                                                    e.g., permitting electronic submission of               Executive Order 13563 (Improving                       Domestic Assistance numbers and titles
                                                    responses.                                              Regulation and Regulatory Review)                      for this rule.
                                                       The collections of information                       emphasizes the importance of
                                                    contained in § 17.655 are described                                                                            Signing Authority
                                                    immediately following this paragraph,                    4 Ecclesiastical Endorsing Organizations, VA            The Secretary of Veterans Affairs, or
                                                    under their respective titles.                          Handbook 1111.1.                                       designee, approved this document and


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                                                                            Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules                                             1293

                                                    authorized the undersigned to sign and                     (1) Ecclesiastical endorsement means                   (d) Request to Designate Ecclesiastical
                                                    submit the document to the Office of the                a written statement addressed to VA and                Endorser. In order for an ecclesiastical
                                                    Federal Register for publication                        signed by the designated endorsing                     endorsing organization to be recognized
                                                    electronically as an official document of               official of an ecclesiastical endorsing                by VA such organization must submit
                                                    the Department of Veterans Affairs. Gina                organization certifying that an                        the following:
                                                    S. Farrisee, Deputy Chief of Staff,                     individual is in good standing with the                   (1) A complete VA form that requests
                                                    Department of Veterans Affairs,                         faith group or denomination and, in the                the designation of an ecclesiastical
                                                    approved this document on September                     opinion of the endorsing official, is                  endorsing official;
                                                    15, 2016, for publication.                              qualified to perform the full range of                    (2) A copy of an Internal Revenue
                                                                                                            ministry, including all sacraments, rites,             Service document verifying that the
                                                    List of Subjects in 38 CFR Part 17                                                                             organization currently holds a section
                                                                                                            ordinances, rituals, and liturgies
                                                      Administrative practice and                           required by members of the faith group.                501(c)(3) exempt status (Reference (i)) as
                                                    procedure, Health professions, Veterans.                Ecclesiastical endorsement is a                        a church for Federal tax purposes from
                                                                                                            condition of employment as a VA                        the Internal Revenue Service (IRS) (note
                                                    Signing Authority                                                                                              ‘‘church’’ is used by the IRS not to
                                                                                                            chaplain. An individual must obtain
                                                      The Secretary of Veterans Affairs, or                 and maintain a full and active                         denote a belief system, but to
                                                    designee, approved this document and                    ecclesiastical endorsement to be                       distinguish ‘‘churches’’ from other types
                                                    authorized the undersigned to sign and                  employed as a VA chaplain.                             of religious organizations; see IRS
                                                    submit the document to the Office of the                   (2) Ecclesiastical endorsing official               Instructions for Form 1023 Schedule A).
                                                    Federal Register for publication                        means an individual who is authorized                  Such rules stipulate that the particular
                                                    electronically as an official document of               to provide or withdraw ecclesiastical                  religious beliefs of the organization are
                                                    the Department of Veterans Affairs. Gina                endorsements on behalf of an                           truly and sincerely held and that the
                                                    S. Farrisee, Deputy Chief of Staff,                     ecclesiastical endorsing organization.                 practices and rituals associated with the
                                                    Department of Veterans Affairs,                            (3) Ecclesiastical endorsing                        organization’s religious belief or creed
                                                    approved this document on September                     organization means an organization that                are not illegal or contrary to clearly
                                                    15, 2016, for publication.                              meets the eligibility requirements of                  defined public policy. In order to
                                                                                                            paragraph (c) of this section and has                  determine whether a particular religious
                                                    Janet Coleman,                                                                                                 organization has properly acquired, and
                                                                                                            been properly designated as an
                                                    Chief, Regulation Policy & Management,                  endorsing organization in accordance                   currently maintains, an IRS tax exempt
                                                    Office of the Secretary, Department of                                                                         status and does not engage in practices
                                                    Veterans Affairs.
                                                                                                            with paragraph (e) of this section.
                                                                                                               (c) Eligibility to Serve as an                      that are illegal or contrary to defined
                                                      For the reasons set out in the                        Ecclesiastical Endorsing Organization.                 public policy, VA shall take appropriate
                                                    preamble, VA proposes to amend 38                       An ecclesiastical endorsing organization               steps to verify compliance with these
                                                    CFR part 17 as follows:                                 must meet the following requirements                   requirements.
                                                                                                            before such organization can endorse an                   (3) A document verifying that the
                                                    PART 17—MEDICAL                                                                                                organization shall provide chaplains
                                                                                                            applicant for VA chaplaincy:
                                                                                                               (1) Be organized and function                       who shall function in a pluralistic
                                                    ■ 1. The authority citation for part 17
                                                                                                            exclusively or substantially to provide                environment, and who shall support
                                                    continues to read as follows:
                                                                                                            religious ministries to a lay constituency             directly and indirectly the free exercise
                                                      Authority: 38 U.S.C. 501, and as noted in             and possess authority to both grant and                of religion by all veterans, their family
                                                    specific sections.                                                                                             members, and other persons authorized
                                                    under 38 U.S.C. 501(a), 7304, 7405.
                                                                                                            withdraw initial and subsequent
                                                                                                            ecclesiastical endorsements;                           to be served by VA.
                                                    ■ 2. Add a center heading immediately                      (2) Have tax-exempt status as a                        (4) That it agrees to abide by all VA
                                                    after § 17.647 to read as follows:                      religious organization or church under                 Directives, Instructions, and other
                                                                                                            the Internal Revenue Code, section                     guidance, regulations and policies on
                                                    Chaplain Services                                                                                              the qualification and endorsement of
                                                                                                            501(c)(3);
                                                    ■   3. Add § 17.655 to read as follows:                    (3) Agree to abide by all Federal and               ministers for service as VA chaplains.
                                                                                                            VA laws, regulations, policies, and                       (5) Documentation that states the
                                                    § 17.655 Ecclesiastical endorsing                                                                              structure of the organization, including
                                                    organizations.
                                                                                                            issuances on the qualification and
                                                                                                            endorsement of persons for service as                  copies of the articles of incorporation,
                                                      (a) Purpose. This section establishes                 VA chaplains;                                          by-laws and constitution, membership
                                                    the eligibility requirements that an                       (4) Agree to notify VA in writing of                requirements of the organization, if any,
                                                    ecclesiastical endorsing organization                   any withdrawal of an existing                          the religious beliefs and practices of the
                                                    must meet in order to provide                           ecclesiastical endorsement within ten                  organization, and the organization’s
                                                    ecclesiastical endorsements of                          days after the date of such withdrawal;                requirements to become clergy; and
                                                    individuals who are seeking                                (5) Provide VA the documents stated                    (6) The name and address of the
                                                    employment as VA chaplains or seeking                   in paragraph (d) of this section;                      individual who is applying to become a
                                                    to be engaged by VA under contract or                      (6) Notify VA in writing within 30                  VA chaplain. (The Office of
                                                    appointed as on-facility fee basis VA                   days of any change of the name, address                Management and Budget has approved
                                                    chaplains under 38 U.S.C. 7405.                         or contact information of the individual               the information collection requirements
                                                    Acceptance of an ecclesiastical                         that it designates as its ecclesiastical               in this section under control number
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                                                    endorsement by VA does not imply any                    endorsing official; and                                XXXX–XXXX.)
                                                    approval by VA of the theology or                          (7) An ecclesiastical endorsing                        (e) Approval of Request to Designate
                                                    practices of an ecclesiastical endorsing                organization that is part of an endorsing              an Ecclesiastical Endorsing Official. If
                                                    organization, nor does it obligate VA to                organization by which its members can                  an ecclesiastical endorsing organization
                                                    employ the endorsed individual or any                   be endorsed cannot become a separate                   meets the requirements of paragraph (c)
                                                    other member of the organization.                       endorsing organization without the                     of this section and has submitted the
                                                      (b) Definitions: The following                        written permission of the larger                       documents stated in paragraph (d) of
                                                    definitions apply to this section:                      endorsing organization.                                this section, VA will notify the


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                                                    1294                    Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules

                                                    organization in writing that such                       meet the requirements of paragraph (c)                 FOR FURTHER INFORMATION CONTACT:
                                                    organization has been designated as an                  of this section must resubmit all of the               Christy Noel, Legal Policy & Legislative
                                                    ecclesiastical endorsing organization.                  evidence stated in paragraph (d) of this               Advice, U.S. Postal Service, (202) 268–
                                                    The designation will be for a period of                 section in order to be reconsidered as an              3484.
                                                    3 years from the date of notification.                  endorsing organization.                                SUPPLEMENTARY INFORMATION: The Postal
                                                    Once an organization is designated as an                  (4) If an ecclesiastical endorsing                   Reorganization Act authorizes the Postal
                                                    ecclesiastical endorsing organization,                  organization is no longer able to endorse              Service to provide such evidence of
                                                    VA will accept ecclesiastical                           individuals for VA chaplaincy in                       postage payment ‘‘as may be necessary
                                                    endorsements from that organization                     accordance with this section, all                      or desirable.’’ 39 U.S.C. 404(a)(4). The
                                                    without requiring any further                           ecclesiastical endorsements issued by                  Postal Service exercises this authority
                                                    documentation from the organization                     that organization are considered to be
                                                                                                                                                                   through 39 CFR part 501, which protects
                                                    during the 3 year period, unless VA                     withdrawn.
                                                                                                                                                                   postal revenues by regulation of
                                                    receives evidence that an organization                  [FR Doc. 2016–31949 Filed 1–4–17; 8:45 am]             manufacturer-distributors of Postage
                                                    no longer meets the requirements of this                BILLING CODE 8320–01–P                                 Evidencing Systems. Customized
                                                    section. VA will only take action on an                                                                        Postage products were developed
                                                    initial request to designate an                                                                                through market tests allowing
                                                    ecclesiastical endorsing official when                  POSTAL SERVICE                                         Authorized Postage Evidencing System
                                                    VA receives an application from an                                                                             providers to combine evidence of
                                                    individual who is seeking employment                    39 CFR Part 501                                        prepayment of postage with a customer-
                                                    as a VA chaplain or is seeking to be
                                                                                                                                                                   selected or customer-provided graphic
                                                    engaged under VA contract or appointed                  Revisions to the Requirements for
                                                                                                            Authority To Manufacture and                           image for printing and fulfillment. See,
                                                    as on-facility fee basis VA chaplains
                                                                                                            Distribute Postage Evidencing                          70 FR 21821 (April 27, 2005); 71 FR
                                                    under 38 U.S.C. 7405.
                                                       (f) Reporting requirement. (1) To                    Systems; Customized Postage                            12718 (March 13, 2006). Subsequently,
                                                    certify that VA chaplains continue to be                Products                                               Customized Postage products were
                                                    endorsed by an ecclesiastical endorsing                                                                        approved as a Special Service by the
                                                                                                            AGENCY:    Postal Service.                             Postal Regulatory Commission. See, 75
                                                    organization, such organization must
                                                    provide VA an alphabetical listing of                   ACTION:   Proposed rule.                               FR 11452, 11459 (March 11, 2010).
                                                    individuals who are endorsed by that                                                                           These proposed amendments to 39 CFR
                                                                                                            SUMMARY:    The Postal Service proposes                501 would create standardized
                                                    endorsing organization and are                          to amend its Postage Evidencing
                                                    employed as VA chaplains or are                                                                                definitions, requirements, and
                                                                                                            Systems regulations to add standardized                procedures applicable to the
                                                    engaged by VA under contract or                         requirements for the authorization to
                                                    appointed as on-facility fee basis VA                                                                          authorization to provide Customized
                                                                                                            produce Customized Postage products, a                 Postage products, and incorporate
                                                    chaplains under 38 U.S.C. 7405 by                       Special Service approved by the Postal
                                                    January 1 of every calendar year.                                                                              protections for the Postal Service’s legal,
                                                                                                            Regulatory Commission. Customized                      financial, or brand interests. Existing
                                                       (2) In order for VA to continue to                   Postage products are provided through
                                                    recognize an ecclesiastical endorsing                                                                          providers of Customized Postage
                                                                                                            authorized Postage Evidencing System                   products would be able to continue
                                                    organization, such organization must                    manufacturer-distributors or through
                                                    provide written documentation that it                                                                          provision of Customized Postage
                                                                                                            companies affiliated with authorized                   products for the remainder of the
                                                    continues to meet the requirements of                   Postage Evidencing System
                                                    this section every 3 years.                                                                                    product year in accordance with these
                                                                                                            manufacturer-distributors and approved                 revisions upon their effective date, and
                                                       (g) Rescission of ecclesiastical
                                                                                                            by the Postal Service. During the                      subject to any requirements set forth in
                                                    endorsing organization. VA may rescind
                                                                                                            development of this service, the                       individual authorization letters.
                                                    an organization’s status as an
                                                                                                            requirements for authorization to                      Alternatively, existing providers would
                                                    ecclesiastical endorsing organization
                                                                                                            produce Customized Postage products                    be able to discontinue provision of
                                                    and refuse to accept ecclesiastical
                                                                                                            have been described in Federal Register                Customized Postage products and
                                                    endorsements from such organization if
                                                                                                            notices and in individual approval                     request a refund from the Postal Service
                                                    it no longer meets the requirements of
                                                                                                            letters issued to providers. These                     of their annual fee, pro-rated for the
                                                    paragraph (c) of this section. VA will
                                                                                                            amendments would give regulatory form                  remainder of the product year.
                                                    take the following steps before it
                                                                                                            to the existing requirements for
                                                    rescinds the organization’s status:                                                                            List of Subjects in 39 CFR Part 501
                                                       (1) VA will give the ecclesiastical                  authorization to produce Customized
                                                    endorsing organization written notice                   Postage products, and incorporate                        Administrative practice and
                                                    stating the reasons for the rescission and              procedures for the protection of Postal                procedure.
                                                    give the organization 60 days to provide                Service business interests.
                                                                                                                                                                     Accordingly, for the reasons
                                                    a written reply addressing VA’s                         DATES: Comments must be received on
                                                                                                                                                                   discussed above, the Postal Service
                                                    concerns.                                               or before February 6, 2017.                            proposes to amend 39 CFR part 501 as
                                                       (2) VA will notify the ecclesiastical                ADDRESSES: Mail or deliver written                     follows:
                                                    endorsing organization and all VA                       comments to the Manager, Payment
                                                    chaplains endorsed by the organization                  Technology, U.S. Postal Service®, 475                  PART 501—AUTHORIZATION TO
                                                    in writing of its decision after VA                     L’Enfant Plaza SW., Room 3500,                         MANUFACTURE AND DISTRIBUTE
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    reviews the evidence provided by the                    Washington, DC 20260. You may                          POSTAGE EVIDENCING SYSTEMS
                                                    organization or after the 60 day time                   inspect and photocopy all written
                                                    period has expired, whichever comes                     comments at the Payment Technology                     ■ 1. The authority citation for 39 CFR
                                                    first.                                                  office by appointment only between the                 part 501 continues to read as follows:
                                                       (3) Ecclesiastical endorsing                         hours of 9 a.m. and 4 p.m., Monday                       Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
                                                    organizations that are notified that they               through Friday by calling 1–202–268–                   401, 403, 404, 410, 2601, 2605, Inspector
                                                    may no longer endorse individuals for                   7613 in advance. Email and faxed                       General Act of 1978, as amended (Pub. L. 95–
                                                    VA chaplaincy because they do not                       comments are not accepted.                             452, as amended); 5 U.S.C. App. 3.



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Document Created: 2018-02-01 14:51:06
Document Modified: 2018-02-01 14:51:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by VA on or before March 6, 2017.
ContactJohn Batten, Program Analyst, National Chaplain Center, Veterans Health Administration, Department of Veterans Affairs Medical Center, 100 Emancipation Dr., Hampton VA 23667; (757) 728-7062. (This is not a toll-free number.)
FR Citation82 FR 1288 
RIN Number2900-AP83
CFR AssociatedAdministrative Practice and Procedure; Health Professions and Veterans

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