HouseH.R. 8769119th Congress
Military Chaplains Modernization Act of 2026
Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8769 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8769
To amend title 10, United States Code, to define the purpose, role,
duties, and professional qualification requirements for chaplains in
the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2026
Mr. Self (for himself and Mr. Harrigan) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to define the purpose, role,
duties, and professional qualification requirements for chaplains in
the Armed Forces, 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. SHORT TITLE.
This Act may be cited as the ``Military Chaplains Modernization Act
of 2026''.
SEC. 2. 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. 3. 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) by 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 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
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. 4. 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;
``(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
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. 5. 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--
``(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
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. 6. 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. 7. 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 3, 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 3, 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. 8. REGULATIONS.
The Secretary of Defense shall prescribe such regulations as are
necessary to carry out the amendments made by this Act.
SEC. 9. 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''.
<all>