82 FR 51770 - Ecclesiastical Endorsing Organizations

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range		51770-51773
FR Document		2017-24320
The Department of Veterans Affairs (VA) is amending 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 the United States Code. VA considers veterans' spiritual care an integral part of their 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 certifies 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 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51770-51773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24320]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP83


Ecclesiastical Endorsing Organizations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) is amending 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 the United States Code. VA considers veterans' 
spiritual care an integral part of their 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 certifies that 
the individual is qualified to perform all the religious sacraments, 
rites, rituals, ceremonies and ordinances needed by members of a 
particular faith.

DATES: This final rule is effective December 8, 2017.

FOR FURTHER INFORMATION CONTACT: John 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).

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on January 5, 2017, VA proposed to establish in its medical 
regulations 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. See 82 FR 1288. 
VA provided a 60-day comment period, which ended on March 6, 2017. We 
received two comments on the proposed rule. Under 38 CFR 17.33, VA must 
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 this 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. 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 is 
prudent in order to make the process transparent as well as safeguard 
VA from the appearance of favoritism of an ecclesiastical endorsing 
organization over another. We are establishing this process in 38 CFR 
17.655.
---------------------------------------------------------------------------

    \1\ Ecclesiastical Endorsing Organizations, VHA Handbook 1111.01 
and VHA related policy VHA Directive 1111, Spiritual and Pastoral 
Care, which incorporates by specific reference the terms of VHA HB 
1111.01.
---------------------------------------------------------------------------

    One commenter stated that the proposed rule appears to favor one 
faith

[[Page 51771]]

over another citing that the Oxford dictionary defines the term 
``ecclesiastical'' as ``relating to the Christian Church.'' However, 
the proposed rule's definition of ecclesiastical endorsement and 
ecclesiastical endorsing organization expanded the commonly defined 
term ``ecclesiastical'' to include all other faith groups. By defining 
these terms, VA is not favoring ecclesiastical endorsing organizations 
of the Christian faith; rather, it is including all faith groups. We 
are not making any edits to the rule based on this comment.
    The two commenters stated that VA should expend its resources on 
the health care of the veteran rather than their spiritual care. VA 
believes that a veteran's overall health care includes spiritual care. 
Chaplains are an integral part of the VA patient care team. Chaplains 
safeguard a veteran's right for religious worship, as well as safeguard 
the veterans who do not wish to have religion imposed on them. It is 
always a veteran's choice to receive or decline pastoral care. As 
stated in the proposed rule, patients' rights (for residents and 
inpatients) include the opportunity for religious worship under Sec.  
17.33(b)(7). Also, VA does not fund an ecclesiastical endorsing 
organization. This rule merely seeks to establish via regulation a 
point of contact within an ecclesiastical endorsing organization in 
order to verify if an individual who is seeking employment as VA 
chaplains 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 is 
qualified to perform all of the religious rites, rituals, ceremonies, 
and ordinances needed by members of a particular faith. We are not 
making any edits to the rule based on this comment.
    Proposed paragraph (d)(2) stated that an ecclesiastical endorsing 
organization must submit ``A copy of an Internal Revenue Service 
document verifying that the organization currently holds a section 
501(c)(3) exempt status (Reference (i)).'' However, section 501(c)(3) 
of the Internal Revenue Code does not contain any ``references.'' See 
26 U.S.C. 501. We are amending proposed paragraph (d)(2) by eliminating 
the term ``(Reference (i)).'' This edit does not change the meaning of 
paragraph (d)(2) as proposed.
    Based on the rationale set forth in the Supplementary Information 
to the proposed rule and in this final rule, VA is adopting the 
proposed rule with the edit discussed.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that 
VA consider the impact of paperwork and other information collection 
burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may 
not collect or sponsor the collection of information, nor may it impose 
an information collection requirement unless it displays a currently 
valid Office of Management and Budget (OMB) control number. See also 5 
CFR 1320.8(b)(2)(vi).
    This final rule contains the following new information collection 
requirements. Section 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. Paragraph (d) in Sec.  17.655 states the 
documentation that an ecclesiastical endorsing organization needs to 
submit 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.\2\ As 
required by 44 U.S.C. 3507(d), VA submitted this information collection 
to OMB for its review. OMB approved these new information collection 
requirements associated with the final rule and assigned OMB control 
number 2900-0852.
---------------------------------------------------------------------------

    \2\ Ecclesiastical Endorsing Organizations, VHA Handbook 1111.01 
and VHA related policy VHA Directive 1111, Spiritual and Pastoral 
Care, which incorporates by specific reference the terms of VHA HB 
1111.01.
---------------------------------------------------------------------------

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will 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 final rule will impose no burden on small entities. 
Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking would be 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 to be a significant regulatory action under Executive 
Order 12866 because it is likely to result in a rule that may raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
Order. VA's impact analysis can be found as a

[[Page 51772]]

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 final rule will 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.

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 August 31, 2017, for publication.

    Dated: November 3, 2017.
Janet Coleman,
Chief, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA is amending 38 CFR part 
17 as follows:

PART 17--MEDICAL

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

    Authority: 38 U.S.C. 501, and as noted in specific sections.
    Section 17.38 also issued under 38 U.S.C. 101, 501, 1701, 1705, 
1710, 1710A, 1721, 1722, 1782, and 1786.
    Section 17.169 also issued under 38 U.S.C. 1712C.
    Sections 17.380 and 17.412 are also issued under sec. 260, 
Public Law 114-223, 130 Stat. 857.
    Section 17.410 is also issued under 38 U.S.C. 1787.
    Section 17.415 is also issued under 38 U.S.C. 7301, 7304, 7402, 
and 7403.
    Sections 17.640 and 17.647 are also issued under sec. 4, Public 
Law 114-2, 129 Stat. 30.
    Sections 17.641 through 17.646 are also issued under 38 U.S.C. 
501(a) and sec. 4, Public Law 114-2, 129 Stat. 30.
    Section 17.655 also issued under 38 U.S.C. 501(a), 7304, 7405.


0
2. Add an undesignated center heading and Sec.  17.655 to read as 
follows:

Chaplain Services


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 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

[[Page 51773]]

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.
    (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 
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.


(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0852.)

[FR Doc. 2017-24320 Filed 11-7-17; 8:45 am]
 BILLING CODE 8320-01-P
51770 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations

prior to 8:00 a.m. on December 1, 2017, regulations by establishing in regulation unique to each faith. Before the year
the Coast Guard will provide notice via the eligibility requirements that 2000, VA did not have a process in
a broadcast notice to mariners. ecclesiastical endorsing organizations place to address endorsement of
(c) Regulations. The general must meet in order to provide chaplains and relied on criteria
regulations governing safety zones ecclesiastical endorsements of established by the Department of
contained in § 165.23 apply to the safety individuals seeking employment as VA Defense’s (DoD) Armed Forces Chaplain
zone created by this temporary final chaplains, or of individuals who are Board (AFCB) at DoD Instruction
rule. seeking to be engaged by VA under 1304.28. Under this criteria, an
(1) All persons are required to comply contract or appointed as on-facility fee individual cannot serve as chaplain
with the general regulations governing basis VA chaplains under the United unless he or she is endorsed by an
safety zones found in this part. States Code. VA considers veterans’ ecclesiastical endorsing organization.
(2) Entry into or remaining in this spiritual care an integral part of their The purpose is to ensure that the
zone is prohibited unless expressly overall health care. As such, VA is chaplain is recognized as an individual
authorized by the COTP Honolulu or his committed to providing qualified VA who is authorized by that organization
designated representative. chaplains to address the veterans’ to perform pastoral duties. The
(3) Persons desiring to transit the spiritual needs by engaging chaplains ecclesiastical endorsing organization
stationary or moving safety zone that are ecclesiastically endorsed. must submit a request to VA to
identified in paragraph (a) of this Ecclesiastical endorsement certifies that designate an ecclesiastical endorser.
section may contact the COTP at the the individual is qualified to perform all This request provides VA with the
Command Center telephone number the religious sacraments, rites, rituals, information on the ecclesiastical
(808) 842–2600 and (808) 842–2601, fax ceremonies and ordinances needed by endorsing organization and identifies
(808) 842–2642 or on VHF channel 16 members of a particular faith. the individual whom the organization
(156.8 Mhz) to seek permission to DATES: This final rule is effective designates as the official authorized to
transit the zone. If permission is December 8, 2017. sign ecclesiastical endorsements. VA
granted, all persons and vessels must FOR FURTHER INFORMATION CONTACT: John reviews the information provided and
comply with the instructions of the Batten, Program Analyst, National approves the request.
COTP Honolulu or his designated Chaplain Center, Veterans Health Before the year 2000, VA accepted
representative and proceed at the Administration, Department of Veterans endorsements from ecclesiastical
minimum speed necessary to maintain a Affairs Medical Center, 100 endorsing organizations recognized by
safe course while in the zone. Emancipation Dr., Hampton, VA 23667; DoD to perform this function as a means
(4) The U.S. Coast Guard may be (757) 728–7062 (this is not a toll-free of avoiding duplication of effort on VA’s
assisted in the patrol and enforcement number). part and because such organizations
of the safety zone by Federal, State, and would be better able to address veterans’
SUPPLEMENTARY INFORMATION: In a needs, having provided for the veterans’
local agencies. document published in the Federal
(d) Notice of enforcement. The COTP spiritual care while on active duty. In
Register on January 5, 2017, VA 1998, VA determined that it needed to
will provide notice of enforcement of proposed to establish in its medical
the safety zone described in this section establish its own policy on accepting
regulations the eligibility requirements ecclesiastical endorsements. The
via verbal broadcasts and written notice that ecclesiastical endorsing
to mariners and the general public. rationale was that there might be
organizations must meet in order to organizations that would endorse
(e) Definitions. As used in this provide ecclesiastical endorsements of
section, ‘‘designated representative’’ members seeking to work for VA, but
individuals seeking employment as VA would not permit their members to
means any Coast Guard commissioned, chaplains or of individuals who are
warrant, or petty officer who has been work as military chaplains, either for
seeking to be engaged by VA under theological or other reasons. VA has
authorized by the COTP to assist in contract or appointed as on-facility fee
enforcing the safety zone described in been successfully implementing since
basis VA chaplains under 38 U.S.C. the year 2000, via internal policy, the
paragraph (a) of this section. 7405. See 82 FR 1288. VA provided a eligibility requirements that
Dated: November 2, 2017. 60-day comment period, which ended ecclesiastical endorsing organizations
M.C. Long, on March 6, 2017. We received two must meet to endorse individuals who
Captain, U.S. Coast Guard, Captain of the comments on the proposed rule. Under are seeking employment as VA
Port Honolulu. 38 CFR 17.33, VA must make available chaplains or of individuals who are
[FR Doc. 2017–24290 Filed 11–7–17; 8:45 am] to each patient the opportunity for seeking to be engaged by VA under
BILLING CODE 9110–04–P
religious worship. The VA National contract or appointed as on-facility fee
Chaplain Service was established on basis VA chaplains under 38 U.S.C.
August 1, 1945, to provide veterans the 7405.1 However, VA subsequently
DEPARTMENT OF VETERANS opportunity for such worship and other determined a formal rulemaking is
AFFAIRS forms of spiritual care. VA employs prudent in order to make the process
chaplains in accordance with 5 CFR transparent as well as safeguard VA
38 CFR Part 17 213.3102(a) to provide for the spiritual from the appearance of favoritism of an
component of health care in accordance ecclesiastical endorsing organization
RIN 2900–AP83 to the spiritual needs of veterans. VA over another. We are establishing this
may employ chaplains in temporary process in 38 CFR 17.655.
Ecclesiastical Endorsing
appointments, on an on-facility fee basis
ethrower on DSK3G9T082PROD with RULES

Organizations One commenter stated that the
appointment under 38 U.S.C. 7405, and proposed rule appears to favor one faith
AGENCY: Department of Veterans Affairs. may engage chaplains under contract.
ACTION: Final rule. By requiring that chaplains be 1 Ecclesiastical Endorsing Organizations, VHA

ecclesiastically endorsed, VA ensures Handbook 1111.01 and VHA related policy VHA
Directive 1111, Spiritual and Pastoral Care, which
SUMMARY: The Department of Veterans that chaplains are qualified to perform incorporates by specific reference the terms of VHA
Affairs (VA) is amending its medical the rites, rituals, or ceremonies that are HB 1111.01.

VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51771

over another citing that the Oxford Effect of Rulemaking Regulatory Flexibility Act
dictionary defines the term The Secretary hereby certifies that
‘‘ecclesiastical’’ as ‘‘relating to the Title 38 of the Code of Federal
Regulations, as revised by this final this final rule will not have a significant
Christian Church.’’ However, the economic impact on a substantial
proposed rule’s definition of rulemaking, represents VA’s
implementation of its legal authority on number of small entities as they are
ecclesiastical endorsement and defined in the Regulatory Flexibility
ecclesiastical endorsing organization this subject. Other than future
amendments to this regulation or Act, 5 U.S.C. 601–612. This final rule
expanded the commonly defined term will impose no burden on small entities.
‘‘ecclesiastical’’ to include all other faith governing statutes, no contrary guidance
or procedures are authorized. All Therefore, pursuant to 5 U.S.C. 605(b),
groups. By defining these terms, VA is this rulemaking would be exempt from
not favoring ecclesiastical endorsing existing or subsequent VA guidance
must be read to conform with this the initial and final regulatory flexibility
organizations of the Christian faith; analysis requirements of 5 U.S.C. 603
rather, it is including all faith groups. rulemaking if possible or, if not
and 604.
We are not making any edits to the rule possible, such guidance is superseded
based on this comment. by this rulemaking. Executive Orders 12866 and 13563
The two commenters stated that VA Paperwork Reduction Act Executive Orders 12866 and 13563
should expend its resources on the direct agencies to assess the costs and
The Paperwork Reduction Act of 1995 benefits of available regulatory
health care of the veteran rather than
(44 U.S.C. 3507) requires that VA alternatives and, when regulation is
their spiritual care. VA believes that a
consider the impact of paperwork and necessary, to select regulatory
veteran’s overall health care includes
other information collection burdens approaches that maximize net benefits
spiritual care. Chaplains are an integral
imposed on the public. Under 44 U.S.C. (including potential economic,
part of the VA patient care team.
3507(a), an agency may not collect or environmental, public health and safety
Chaplains safeguard a veteran’s right for
sponsor the collection of information, effects, and other advantages;
religious worship, as well as safeguard nor may it impose an information distributive impacts; and equity).
the veterans who do not wish to have collection requirement unless it Executive Order 13563 (Improving
religion imposed on them. It is always displays a currently valid Office of Regulation and Regulatory Review)
a veteran’s choice to receive or decline Management and Budget (OMB) control emphasizes the importance of
pastoral care. As stated in the proposed number. See also 5 CFR 1320.8(b)(2)(vi). quantifying both costs and benefits,
rule, patients’ rights (for residents and reducing costs, harmonizing rules, and
inpatients) include the opportunity for This final rule contains the following
new information collection promoting flexibility. Executive Order
religious worship under § 17.33(b)(7). 12866 (Regulatory Planning and
Also, VA does not fund an ecclesiastical requirements. Section 17.655 contains a
collection of information under the Review) defines a ‘‘significant
endorsing organization. This rule regulatory action,’’ requiring review by
merely seeks to establish via regulation Paperwork Reduction Act of 1995. VA
was previously collecting this the Office of Management and Budget
a point of contact within an (OMB), unless OMB waives such
ecclesiastical endorsing organization in information under OMB control number
2900–0610, which expired on review, as ‘‘any regulatory action that is
order to verify if an individual who is likely to result in a rule that may: (1)
seeking employment as VA chaplains or September 2, 2008. Paragraph (d) in
§ 17.655 states the documentation that Have an annual effect on the economy
who is seeking to be engaged by VA of $100 million or more or adversely
under contract or appointed as on- an ecclesiastical endorsing organization
needs to submit in order for VA to affect in a material way the economy, a
facility fee basis VA chaplains under 38 sector of the economy, productivity,
U.S.C. 7405 is qualified to perform all accept ecclesiastical endorsements of
competition, jobs, the environment,
of the religious rites, rituals, individuals of such organization. The
public health or safety, or State, local,
information is needed to establish the
ceremonies, and ordinances needed by or tribal governments or communities;
eligibility requirements that an
members of a particular faith. We are (2) Create a serious inconsistency or
ecclesiastical endorsing organization
not making any edits to the rule based otherwise interfere with an action taken
must meet in order to provide
on this comment. or planned by another agency; (3)
ecclesiastical endorsements of an
Proposed paragraph (d)(2) stated that Materially alter the budgetary impact of
individual who is seeking employment
an ecclesiastical endorsing organization entitlements, grants, user fees, or loan
as a VA chaplain or who is seeking to
must submit ‘‘A copy of an Internal programs or the rights and obligations of
be engaged by VA under contract or
Revenue Service document verifying recipients thereof; or (4) Raise novel
appointed as on-facility fee basis VA
that the organization currently holds a legal or policy issues arising out of legal
chaplains under 38 U.S.C. 7405. VA has mandates, the President’s priorities, or
section 501(c)(3) exempt status collected this information in the past
(Reference (i)).’’ However, section the principles set forth in this Executive
through internal policy and guidance.2 Order.’’
501(c)(3) of the Internal Revenue Code As required by 44 U.S.C. 3507(d), VA The economic, interagency,
does not contain any ‘‘references.’’ See submitted this information collection to budgetary, legal, and policy
26 U.S.C. 501. We are amending OMB for its review. OMB approved implications of this regulatory action
proposed paragraph (d)(2) by these new information collection have been examined, and it has been
eliminating the term ‘‘(Reference (i)).’’ requirements associated with the final determined to be a significant regulatory
This edit does not change the meaning rule and assigned OMB control number action under Executive Order 12866
ethrower on DSK3G9T082PROD with RULES

of paragraph (d)(2) as proposed. 2900–0852. because it is likely to result in a rule that
Based on the rationale set forth in the may raise novel legal or policy issues
Supplementary Information to the 2 Ecclesiastical Endorsing Organizations, VHA
arising out of legal mandates, the
Handbook 1111.01 and VHA related policy VHA
proposed rule and in this final rule, VA Directive 1111, Spiritual and Pastoral Care, which
President’s priorities, or the principles
is adopting the proposed rule with the incorporates by specific reference the terms of VHA set forth in this Executive Order. VA’s
edit discussed. HB 1111.01. impact analysis can be found as a

VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1
51772 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations

supporting document at http:// Section 17.410 is also issued under 38 must meet the following requirements
www.regulations.gov, usually within 48 U.S.C. 1787. before such organization can endorse an
hours after the rulemaking document is Section 17.415 is also issued under 38 applicant for VA chaplaincy:
published. Additionally, a copy of the U.S.C. 7301, 7304, 7402, and 7403.
(1) Be organized and function
Sections 17.640 and 17.647 are also issued
rulemaking and its impact analysis are under sec. 4, Public Law 114–2, 129 Stat. 30. exclusively or substantially to provide
available on VA’s Web site at http:// Sections 17.641 through 17.646 are also religious ministries to a lay constituency
www.va.gov/orpm/, by following the issued under 38 U.S.C. 501(a) and sec. 4, and possess authority to both grant and
link for ‘‘VA Regulations Published Public Law 114–2, 129 Stat. 30. withdraw initial and subsequent
From FY 2004 Through Fiscal Year to Section 17.655 also issued under 38 U.S.C. ecclesiastical endorsements;
Date.’’ 501(a), 7304, 7405. (2) Have tax-exempt status as a
2. Add an undesignated center religious organization or church under
Unfunded Mandates ■
heading and § 17.655 to read as follows: the Internal Revenue Code, section
The Unfunded Mandates Reform Act 501(c)(3);
of 1995 requires, at 2 U.S.C. 1532, that Chaplain Services (3) Agree to abide by all Federal and
agencies prepare an assessment of VA laws, regulations, policies, and
anticipated costs and benefits before § 17.655 Ecclesiastical endorsing
organizations. issuances on the qualification and
issuing any rule that may result in the endorsement of persons for service as
expenditure by State, local, and tribal (a) Purpose. This section establishes
VA chaplains;
governments, in the aggregate, or by the the eligibility requirements that an
(4) Agree to notify VA in writing of
private sector, of $100 million or more ecclesiastical endorsing organization
any withdrawal of an existing
(adjusted annually for inflation) in any must meet in order to provide
ecclesiastical endorsement within ten
one year. This final rule will have no ecclesiastical endorsements of
days after the date of such withdrawal;
such effect on State, local, and tribal individuals who are seeking
(5) Provide VA the documents stated
governments, or on the private sector. employment as VA chaplains or seeking
in paragraph (d) of this section;
to be engaged by VA under contract or
Catalog of Federal Domestic Assistance appointed as on-facility fee basis VA (6) Notify VA in writing within 30
chaplains under 38 U.S.C. 7405. days of any change of the name, address
There are no Catalog of Federal or contact information of the individual
Domestic Assistance numbers and titles Acceptance of an ecclesiastical
endorsement by VA does not imply any that it designates as its ecclesiastical
for this rule. endorsing official; and
approval by VA of the theology or
List of Subjects in 38 CFR Part 17 practices of an ecclesiastical endorsing (7) An ecclesiastical endorsing
organization, nor does it obligate VA to organization that is part of an endorsing
Administrative practice and
employ the endorsed individual or any organization by which its members can
procedure, Health professions, Veterans.
other member of the organization. be endorsed cannot become a separate
Signing Authority (b) Definitions. The following endorsing organization without the
The Secretary of Veterans Affairs, or definitions apply to this section: written permission of the larger
designee, approved this document and (1) Ecclesiastical endorsement means endorsing organization.
authorized the undersigned to sign and a written statement addressed to VA and (d) Request to designate ecclesiastical
submit the document to the Office of the signed by the designated endorsing endorser. In order for an ecclesiastical
Federal Register for publication official of an ecclesiastical endorsing endorsing organization to be recognized
electronically as an official document of organization certifying that an by VA such organization must submit
the Department of Veterans Affairs. Gina individual is in good standing with the the following:
S. Farrisee, Deputy Chief of Staff, faith group or denomination and, in the (1) A complete VA form that requests
Department of Veterans Affairs, opinion of the endorsing official, is the designation of an ecclesiastical
approved this document on August 31, qualified to perform the full range of endorsing official;
2017, for publication. ministry, including all sacraments, rites, (2) A copy of an Internal Revenue
ordinances, rituals, and liturgies Service document verifying that the
Dated: November 3, 2017. organization currently holds a section
required by members of the faith group.
Janet Coleman, 501(c)(3) exempt status as a church for
Ecclesiastical endorsement is a
Chief, Office of Regulation Policy & condition of employment as a VA Federal tax purposes from the Internal
Management, Office of the Secretary, Revenue Service (IRS) (note ‘‘church’’ is
Department of Veterans Affairs.
chaplain. An individual must obtain
and maintain a full and active used by the IRS not to denote a belief
For the reasons set out in the ecclesiastical endorsement to be system, but to distinguish ‘‘churches’’
preamble, VA is amending 38 CFR part employed as a VA chaplain. from other types of religious
17 as follows: (2) Ecclesiastical endorsing official organizations; see IRS Instructions for
means an individual who is authorized Form 1023 Schedule A). Such rules
PART 17—MEDICAL to provide or withdraw ecclesiastical stipulate that the particular religious
endorsements on behalf of an beliefs of the organization are truly and
■ 1. The authority citation for part 17 is sincerely held and that the practices and
ecclesiastical endorsing organization.
revised to read as follows: rituals associated with the
(3) Ecclesiastical endorsing
Authority: 38 U.S.C. 501, and as noted in organization means an organization that organization’s religious belief or creed
specific sections. meets the eligibility requirements of are not illegal or contrary to clearly
Section 17.38 also issued under 38 U.S.C. defined public policy. In order to
ethrower on DSK3G9T082PROD with RULES

paragraph (c) of this section and has
101, 501, 1701, 1705, 1710, 1710A, 1721, determine whether a particular religious
1722, 1782, and 1786.
been properly designated as an
Section 17.169 also issued under 38 U.S.C. endorsing organization in accordance organization has properly acquired, and
1712C. with paragraph (e) of this section. currently maintains, an IRS tax exempt
Sections 17.380 and 17.412 are also issued (c) Eligibility to serve as an status and does not engage in practices
under sec. 260, Public Law 114–223, 130 ecclesiastical endorsing organization. that are illegal or contrary to defined
Stat. 857. An ecclesiastical endorsing organization public policy, VA shall take appropriate

VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1
Document Created: 2017-11-08 01:20:58
Document Modified: 2017-11-08 01:20:58
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective December 8, 2017.
Contact		John 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 Citation		82 FR 51770
RIN Number		2900-AP83
CFR Associated		Administrative Practice and Procedure; Health Professions and Veterans