Title: A bill to amend title 38, United States Code, to reorganize the Chaplain Service of the Department of Veterans Affairs, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill reorganizes the Department of Veterans Affairs (VA) Chaplain Service, allows chaplains to provide clinical services, and prohibits the VA from requiring chaplains to perform any rite, ritual, or ceremony that is contrary to their conscience, moral principles, or religious beliefs.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 3128

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2019

  Mr. Lankford (for himself and Mr. Inhofe) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REORGANIZATION OF CHAPLAIN SERVICE OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Chaplain Service.--
            (1) In general.--Chapter 3 of title 38, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 324. Chaplain Service
    ``(a) Establishment.--There is in the Department a Chaplain Service 
for the provision of religious pastoral care, which may include 
clinical services by chaplains.
    ``(b) Chief of Chaplain Services.--(1) The head of the Chaplain 
Service shall be the Chief of Chaplain Services (in this section 
referred to as the `Chief'), who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    ``(2) The Chief shall report directly to the Secretary.
    ``(3)(A) The Chief shall oversee the Chaplain Service and shall be 
the proponent for, and coordinate with the Secretary on, all guidance 
pertaining to pastoral care, faith-based programs and instruction, and 
any policy or guidance pertaining to religion or religious 
accommodation.
    ``(B) All appropriate offices of the Department will coordinate 
with the Chief on best practices to implement guidance or policy 
pertaining to religion or religious accommodation.
    ``(4) The office of the Chief shall be colocated with the Central 
Office of the Department.
    ``(c) Pastoral Services.--(1) A chaplain in the Chaplain Service 
shall provide religious pastoral services and care, which may include 
clinical services as a part of their pastoral duties, across all of the 
components of the Department set forth in section 301(c) of this title, 
as the Secretary and the Chief consider appropriate.
    ``(2) A chaplain in the Chaplain Service may be hired under section 
7401(5) of this title for the provision of clinical services.
    ``(3) A chaplain described in paragraph (2) shall be considered an 
employee of the Chaplain Service and shall furnish services across the 
Department as a whole, including the Veterans Health Administration, 
the Veterans Benefits Administration, and the National Cemetery 
Administration.
    ``(4) The Chief shall coordinate with the Under Secretary for 
Health on the furnishing of clinical services by chaplains described in 
paragraph (2).
    ``(d) Protection of Chaplain Services.--The Secretary may not 
require a chaplain in the Chaplain Service to perform any rite, ritual, 
or ceremony that is contrary to the conscience, moral principles, or 
religious beliefs of such chaplain.
    ``(e) Regulations.--The Secretary shall issue regulations 
implementing the protections afforded by this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title is amended by adding at 
        the end the following new item:

``324. Chaplain Service.''.
    (b) Conforming Amendments.--
            (1) Conforming amendment for office of the under secretary 
        for health.--Section 7306 of such title is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (2) Conforming amendment regarding appointment of chaplains 
        for provision of clinical services.--Section 7401 of title 38, 
        United States Code, is amended by adding at the end the 
        following new paragraph:
            ``(5) Chaplains with demonstrated ability in the provision 
        of clinical services.''.
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