Text of Senate Amendment 6443

On 2026-06-24, Senator James Lankford (R-OK) delivered a floor speech titled "Text Of Senate Amendment 6443" in the Senate.

Text of Senate Amendment 6443

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [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