Section 1 Short title
This Act may be cited as the “Military Chaplains Modernization Act of 2026”.
Military Chaplains Modernization Act of 2026
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.
Sec. 2 Findings
Congress makes the following findings:
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.
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.
When the Second Continental Congress established the Continental Army in June 1775, it recommended “all officers and soldiers diligently to attend Divine Service”.
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.
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.
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.”.
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.”.
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.
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.
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.
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”. . .”.
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””.
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.
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
in subsection (a)—
by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; and
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;”
by redesignating subsection (b) as subsection (f);
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.”
adding at the end the following new subsection:
“(g) The Deputy Chiefs of Chaplains, while so serving, hold the grade of brigadier general.”
by redesignating subsection (g) as subsection (h); and
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.”
Chaplains— Section 7217 of title 10, United States Code, is amended to read as follows:
“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 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. 4 Duties, responsibilities, requirements, and protections for Navy chaplains
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.”
Deputy chiefs of chaplains— Section 8082a of title 10, United States Code, is amended to read as follows:
“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).”
Chaplains— Section 8221 of title 10, United States Code, is amended to read as follows:
“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 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. 5 Duties, responsibilities, requirements, and protections for Air Force chaplains
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.”
Deputy chief of chaplains— Chapter 905 of title 10, United States Code, is amended by inserting after section 9039 the following new section:
“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.”
by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and
by inserting after paragraph (6) the following new paragraph (7):
“(7) The Chief of Chaplains for the Air Force and the Space Force.”
Chaplains— Section 9217 of title 10, United States Code, is amended to read as follows:
“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 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. 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
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).
Regulations— Not later than one year after the date of the enactment of this Act, the President shall—
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
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
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—
in the section heading, by striking “and chaplains of such members”;
by striking subsection (b); and
by redesignating subsection (c) as subsection (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”.