[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3561-S3565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6443. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
Subtitle D--Military Chaplains Modernization Act of 2026
SEC. 931. SHORT TITLE.
This subtitle may be cited as the ``Military Chaplains
Modernization Act of 2026''.
SEC. 932. FINDINGS.
Congress makes the following findings:
(1) Religion and religious liberty have always served an
essential role in society, culture, and military service,
making them necessary for good democratic governance and a
strong military.
(2) George Washington, as a young colonel, recognized the
importance of religious practice for his soldiers, repeatedly
requesting chaplains for his troops and periodically
performing religious duties himself.
(3) When the Second Continental Congress established the
Continental Army in June 1775, it recommended ``all officers
and soldiers diligently to attend Divine Service''.
(4) In 1775, at the behest of George Washington, then
General of the Continental Army, the Second Continental
Congress established the Federal chaplaincy that is in
existence to this day, making it one of the oldest military
services provided for American troops.
(5) From their earliest days, military chaplains have
existed to provide pastoral care, meeting the religious needs
of members of the Armed Forces and their families.
(6) In 1775, the Continental Congress, understanding the
significance of chaplaincy, similarly instructed its
fledgling navy that, ``The commanders of the ships of the
Thirteen United Colonies are to take care that divine
services be performed twice a day on board, and a sermon
preached on Sundays, unless bad weather or other
extraordinary accidents prevent it.''.
(7) John Adams instructed his Secretary of the Navy on the
influence of a Navy chaplaincy, stating, ``I know not whether
the commanders of our ships have given much attention to this
subject [chaplains], but in my humble opinion, we shall be
very unskillful politicians as well as bad Christians and
unwise men if we neglect this important office in our infant
Navy.''.
(8) In 1942, Franklin D. Roosevelt also acknowledged the
importance of the chaplaincy by vowing to ``never fail to
provide for the spiritual needs of our officers and men under
the Chaplains of our armed forces'', and during World War II,
President Roosevelt had Bibles printed and provided to troops
in the field.
(9) Understanding the importance of religion not only to
the members of the United States military, but also to the
United States as a whole, the Founders ratified the First
Amendment to the United States Constitution in 1791.
(10) Under the First Amendment, which applies to the Armed
Forces, the Federal Government has a constitutional duty to
provide for the religious exercise of members of the Armed
Forces, an obligation to which the chaplain corps is
essential.
(11) The Supreme Court stated, in Kennedy v. Bremerton
School District, 597 U.S. 507 (2022), that the court is
``aware of no historically sound understanding of the
Establishment Clause that begins to `mak[e] it necessary for
government to be hostile to religion'. . .''.
(12) In Kennedy v. Bremerton School District, the Supreme
Court further explained that ``the Establishment Clause does
not include anything like a `modified heckler's veto, in
which . . . religious activity can be proscribed' based on
`perceptions' or `discomfort' '' and that the Clause does not
`` `compel the government to purge from the public sphere'
anything an objective observer could reasonably infer
endorses or `partakes of the religious' ''.
(13) The Supreme Court made clear in Parker v. Levy, 417
U.S. 733 (1974) that chaplains in the Armed Forces do not
forfeit their First Amendment rights by virtue of their
military service.
(14) Section 6 of the Religious Freedom Restoration Act of
1993 (42 U.S.C. 2000bb-3) specifies that that Act (42 U.S.C.
2000bb et seq.) ``applies to all Federal law, and the
implementation of that law, whether statutory or otherwise,
and whether adopted before or after [November 16, 1993]''.
SEC. 933. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR ARMY CHAPLAINS.
(a) Chaplains.--Section 7073 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) the Deputy Chief of Chaplains;
``(3) the Deputy Chief of Chaplains for the Army Reserve;
``(4) the Deputy Chief of Chaplains for the Army National
Guard;'';
(2) by redesignating subsection (b) as subsection (f);
(3) by inserting after subsection (a) the following new
subsections:
``(b) The Chief of Chaplains shall serve as a principal
advisor to the Secretary of the Army and the Chief of Staff
of the Army.
``(c) The Deputy Chief of Chaplains shall serve under the
authority, direction, and control of the Chief of Chaplains.
``(d) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for the
Army Reserve shall serve as a principal advisor to the Chief
of the Army Reserve.
``(e) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for the
Army National Guard shall serve as a principal advisor to the
Chief of the National Guard Bureau.''; and
(4) adding at the end the following new subsection:
``(g) The Deputy Chiefs of Chaplains, while so serving,
hold the grade of brigadier general.''.
(b) Chiefs of Branches: Appointment; Duties.--Section 7036
of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) The Chief of Chaplains serves as the principal
advisor to the Secretary of the Army and the Chief of Staff
of the Army on chaplaincy matters and the provision of
religious support in the Army, including strategic planning
and the development of policies that affect religious support
or have a nexus with the chaplaincy.''.
(c) Chaplains.--Section 7217 of title 10, United States
Code, is amended to read as follows:
``Sec. 7217. Duties, responsibilities, requirements, and
protections for Army chaplains
``(a) Duties, Responsibilities, and Requirements.--(1) The
Army Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Army and the Chief of
Chaplains of the Army.
``(2) The Army Chaplaincy shall be overseen by the Chief of
Chaplains and shall--
``(A) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to--
``(i) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration
[[Page S3562]]
Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and
policies;
``(ii) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
``(iii) assisting commanders by serving as advisers with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
``(iv) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
``(B) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents of members, potentially in
isolated or combat environments;
``(C) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
``(D) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
``(E) maintain confidential, sacramental, and privileged
communications, including those recognized under applicable
laws and policies.
``(3) The tasks of chaplains in the Army shall include, but
not be limited to, the following:
``(A) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances (such as memorials,
weddings, retirements, sermons, worship, and burials).
``(B) Counseling, meeting, advising, and praying with
individuals or groups.
``(C) Providing crisis prevention and response.
``(D) Providing pastoral and spiritual care, guidance,
support, and activities.
``(E) Advising on religious accommodation requests.
``(F) Providing religious training and education.
``(b) Protections.--(1) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection (a), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
``(2) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
``(3) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
``(4) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech contrary to the sincerely
held religious beliefs of the chaplain or contrary to the
manner, form, or tenets of the chaplain's religious-endorsing
organization;
``(B) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the religious-endorsing organization of the chaplain,
consistent with section 3 of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-1);
``(C) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including--
``(i) denial of promotion, schooling, training, assignment,
or financial recoupment;
``(ii) issuance of letters of reprimand; or
``(iii) any other adverse action or entry in the chaplain's
record; or
``(D) preclude a chaplain from conducting an activity
described in paragraph (2).
``(5) A member of the Armed Forces who violates paragraph
(4) shall be subject to prosecution under the Uniform Code of
Military Justice.
``(c) Assistance by Commanding Officers.--Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection (a).
``(d) Definitions.--In this section:
``(1) Administrative endorser.--The term `administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that--
``(A) are religious-endorsing organizations;
``(B) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
``(C) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph (5)(A)(iii) that
possessed authority to endorse chaplains.
``(2) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including--
``(A) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
``(B) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
``(3) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
``(5) Religious-endorsing organization.--(A) The term
`religious-endorsing organization' means an entity that--
``(i)(I) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
``(II) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
``(ii)(I) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
``(II) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
``(III) performs the function described in clause (i)(II)
on behalf of its member religious organizations and religious
ministry professionals.
``(B) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause (I) and (II) of subparagraph (A)(i).''.
SEC. 934. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR NAVY CHAPLAINS.
(a) Chaplain Corps and Chief of Chaplains.--Section 8082 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(f) The Chief of Chaplains shall serve as a principal
adviser to the Secretary of the Navy and the Chief of Naval
Operations.''.
(b) Deputy Chiefs of Chaplains.--Section 8082a of title 10,
United States Code, is amended to read as follows:
``Sec. 8082a. Deputy Chiefs of Chaplains
``(a) The Secretary of the Navy shall detail as Deputy
Chiefs of Chaplains officers of the Chaplain Corps in the
grade of commander or above who are on active duty and who
have served on active duty in the Chaplain Corps for at least
eight years.
``(b) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains shall also
serve as the Chaplain of the Marine Corps and shall serve as
a principal advisor to the Commandant of the Marine Corps.
``(c) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for Reserve
Matters shall also serve as a principal advisor to the Chief
of Navy Reserve.
``(d) The Deputy Chiefs of Chaplains, while so serving,
hold the grade of rear admiral (lower half).''.
(c) Chaplains.--Section 8221 of title 10, United States
Code, is amended to read as follows:
``Sec. 8221. Duties, responsibilities, requirements, and
protections for Navy chaplains
``(a) Duties, Responsibilities, and Requirements.--(1) The
Navy Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Navy and the Chief of
Chaplains of the Navy.
``(2) The Navy Chaplaincy shall be overseen by the Chief of
Chaplains and shall--
``(A) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to--
``(i) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-
1), and related statutes and policies;
``(ii) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
[[Page S3563]]
``(iii) assisting commanders by serving as an adviser with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
``(iv) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
``(B) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents, potentially in isolated
or combat environments;
``(C) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
``(D) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
``(E) maintain confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
``(3) The tasks of chaplains in the Navy shall include, but
not be limited to, the following:
``(A) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances (such as memorials,
weddings, retirements, sermons, worship, and burials).
``(B) Counseling, meeting, advising, and praying with
individuals or groups.
``(C) Providing crisis prevention and response.
``(D) Providing pastoral and spiritual care, guidance,
support, and activities.
``(E) Advising on religious accommodation requests.
``(F) Providing religious training and education.
``(b) Protections.--(1) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection (a), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
``(2) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
``(3) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
``(4) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech, contrary to the
sincerely held religious beliefs of the chaplain or contrary
to the manner, form, or tenets of the chaplain's religious-
endorsing organization;
``(B) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the chaplain's religious-endorsing organization, consistent
with section 3 of the Religious Freedom Restoration Act of
1993 (42 U.S.C. 2000bb-1);
``(C) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including--
``(i) denial of promotion, schooling, training, assignment,
or financial recoupment;
``(ii) issuance of letters of reprimand; or
``(iii) any other adverse action or entry in the chaplain's
record; or
``(D) preclude a chaplain from conducting an activity
described in paragraph (2).
``(5) A member of the Armed Forces who violates paragraph
(4) shall be subject to prosecution under the Uniform Code of
Military Justice.
``(c) Assistance by Commanding Officers.--Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection (a).
``(d) Definitions.--In this section:
``(1) Administrative endorser.--The term `administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that--
``(A) are religious-endorsing organizations;
``(B) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
``(C) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph (5)(A)(iii) that
possessed authority to endorse chaplains.
``(2) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including--
``(A) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
``(B) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
``(3) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
``(5) Religious-endorsing organization.--(A) The term
`religious-endorsing organization' means an entity that--
``(i)(I) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
``(II) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
``(ii)(I) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
``(II) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
``(III) performs the function described in clause (i)(II)
on behalf of its member religious organizations and religious
ministry professionals.
``(B) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause (I) and (II) of subparagraph (A)(i).''.
SEC. 935. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR AIR FORCE CHAPLAINS.
(a) Chief of Chaplains.--Section 9039 of title 10, United
States Code, is amended by adding at the end the following:
``(d) The Chief of Chaplains shall serve as the principal
adviser to the Secretary of the Air Force and the Chief of
Staff of the Air Force on chaplaincy and religious support,
including strategic planning and policy development related
to those areas.
``(e) The Air Force Chaplaincy, which also services the
Space Force, shall--
``(1) be overseen by the Office of the Chief of Chaplains;
and
``(2) advise and assist commanders in ensuring the right of
members of the armed forces to religious freedom, in
accordance with the First Amendment to the Constitution of
the United States, section 3 of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-1), and applicable
laws and policies.''.
(b) Deputy Chief of Chaplains.--Chapter 905 of title 10,
United States Code, is amended by inserting after section
9039 the following new section:
``Sec. 9039a. Deputy Chief of Chaplains: appointment; duties
``(a) The Secretary of the Air Force shall detail as a
Deputy Chief of Chaplains one or more officers of the
Chaplain Corps in the grade of colonel or above who are on
active duty and who have served on active duty in the
Chaplain Corps for at least eight years.
``(b) Under the authority, direction, and control of the
Chief of Chaplains, a Deputy Chief of Chaplains shall also
serve as the Chaplain of the Space Force and shall serve as a
principal advisor to the Chief of Space Operations.
``(c) A Deputy Chief of Chaplains, while so serving, holds
the grade of brigadier general.''.
(c) The Air Staff: Function; Composition.--Section 9031 of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The Chief of Chaplains for the Air Force and the
Space Force.''.
(d) Chaplains.--Section 9217 of title 10, United States
Code, is amended to read as follows:
``Sec. 9217. Duties, responsibilities, requirements, and
protections for Air Force chaplains
``(a) Duties, Responsibilities, and Requirements.--(1) The
Air Force Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Air Force and the Chief of
Chaplains of the Air Force.
``(2) The Air Force Chaplaincy shall be overseen by the
Chief of Chaplains and shall--
``(A) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to--
[[Page S3564]]
``(i) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-
1), and related statutes and policies;
``(ii) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
``(iii) assisting commanders by serving as an adviser with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
``(iv) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
``(B) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents, potentially in isolated
or combat environments;
``(C) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
``(D) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
``(E) maintain confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
``(3) The tasks of chaplains in the Air Force shall
include, but not be limited to, the following:
``(A) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances (such as memorials,
weddings, retirements, sermons, worship, and burials).
``(B) Counseling, meeting, advising, and praying with
individuals or groups.
``(C) Providing crisis prevention and response.
``(D) Providing pastoral and spiritual care, guidance,
support, and activities.
``(E) Advising on religious accommodation requests.
``(F) Providing religious training and education.
``(b) Protections.--(1) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection (a), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
``(2) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
``(3) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
``(4) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech contrary to the sincerely
held religious beliefs of the chaplain or contrary to the
manner, form, or tenets of the chaplain's religious-endorsing
organization;
``(B) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the chaplain's religious-endorsing organization, consistent
with section 3 of the Religious Freedom Restoration Act of
1993 (42 U.S.C. 2000bb-1);
``(C) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including--
``(i) denial of promotion, schooling, training, assignment,
or financial recoupment;
``(ii) issuance of letters of reprimand; or
``(iii) any other adverse action or entry in the chaplain's
record; or
``(D) preclude chaplains from exercising the activities
described in paragraph (2).
``(5) A member of the Armed Forces who violates paragraph
(4) shall be subject to prosecution under the Uniform Code of
Military Justice.
``(c) Assistance by Commanding Officers.--Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection (a).
``(d) Definitions.--In this section:
``(1) Administrative endorser.--The term `administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that--
``(A) are religious-endorsing organizations;
``(B) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
``(C) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph (5)(A)(iii) that
possessed authority to endorse chaplains.
``(2) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including--
``(A) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
``(B) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
``(3) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
``(5) Religious-endorsing organization.--(A) The term
`religious-endorsing organization' means an entity that--
``(i)(I) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
``(II) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
``(ii)(I) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
``(II) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
``(III) performs the function described in clause (i)(II)
on behalf of its member religious organizations and religious
ministry professionals.
``(B) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause (I) and (II) of subparagraph (A)(i).''.
SEC. 936. DEFINITION OF CHAPLAIN FOR TITLE 10, UNITED STATES
CODE.
Section 101(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(17) The term `chaplain' means a fully qualified
religious ministry professional from a religious tradition
who--
``(A) satisfies the professional qualifications of the
chaplain's religious-endorsing organization (as defined in
sections 7217, 8221, and 9217 of this title) and the
educational requirements of the Department of Defense and the
Armed Force in which the chaplain serves or will serve; and
``(B) is appointed as both an officer in the Chaplain Corps
of the Armed Forces and a representative of the chaplain's
religious-endorsing organization, to which the chaplain shall
remain accountable to for providing religious ministry to the
armed forces.''.
SEC. 937. EFFECT OF VIOLATIONS.
(a) In General.--A member of the Armed Forces who violates
section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10,
United States Code, as added by section 933, shall be subject
to prosecution under section 934 of such title (article 134
of the Uniform Code of Military Justice).
(b) Regulations.--Not later than one year after the date of
the enactment of this Act, the President shall--
(1) prescribe regulations establishing that a violation of
section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10,
United States Code, as added by section 933, constitutes an
offense punishable under section 934 of such title (article
134 of the Uniform Code of Military Justice); and
(2) revise the Manual for Courts-Martial to include such
offenses.
SEC. 938. REGULATIONS.
The Secretary of Defense shall prescribe such regulations
as are necessary to carry out the amendments made by this
subtitle.
SEC. 939. CONFORMING AMENDMENTS.
(a) Existing Protections for Chaplains.--Section 533 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 1030 note prec.) is amended--
(1) in the section heading, by striking ``and chaplains of
such members'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Professional Functions of the Air Force.--Section
9063(h) of title 10, United States Code, is amended by adding
``in accordance with section 9217(a)'' after ``Secretary''.
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