,,ii #aaith ,,congress #b;d ,session ,s4 #ebee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjbf,mr4 ,lankford 7for himself1 ,mr4 ,rounds1 ,mrs4 ,britt1 ,mr4 ,grassley1 and ,mr4 ,cramer7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to define the purpose1 role1 duties1 and professional qualification requirements for chaplains in the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,chaplains ,modernization ,act of #bjbf4 #b4 ,findings ,congress makes the following findings3 7#a7 ,religion and religious liberty have always served an essential role in society1 culture1 and military service1 making them necessary for good democratic governance and a strong military4 7#b7 ,george ,washington1 as a young colonel1 recognized the importance of religious practice for his soldiers1 repeatedly requesting chaplains for his troops and periodically performing religious duties himself4 7#c7 ,when the ,second ,continental ,congress established the ,continental ,army in ,june #agge1 it recommended all officers and soldiers diligently to attend ,divine ,service4 7#d7 ,in #agge1 at the behest of ,george ,washington1 then ,general of the ,continental ,army1 the ,second ,continental ,congress established the ,federal chaplaincy that is in existence to this day1 making it one of the oldest military services provided for ,american troops4 7#e7 ,from their earliest days1 military chaplains have existed to provide pastoral care1 meeting the religious needs of members of the ,armed ,forces and their families4 7#f7 ,in #agge1 the ,continental ,congress1 understanding the significance of chaplaincy1 similarly instructed its fledgling navy that1 ,the commanders of the ships of the ,thirteen ,united ,colonies are to take care that divine services be performed twice a day on board1 and a sermon preached on ,sundays1 unless bad weather or other extraordinary accidents prevent it44 7#g7 ,john ,adams instructed his ,secretary of the ,navy on the influence of a ,navy chaplaincy1 stating1 ,i know not whether the commanders of our ships have given much attention to this subject chaplains1 but in my humble opinion1 we shall be very unskillful politicians as well as bad ,christians and unwise men if we neglect this important office in our infant ,navy44 7#h7 ,in #aidb1 ,franklin ,d4 ,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 forces1 and during ,world ,war ,,ii1 ,president ,roosevelt had ,bibles printed and provided to troops in the field4 7#i7 ,understanding the importance of religion not only to the members of the ,united ,states military1 but also to the ,united ,states as a whole1 the ,founders ratified the ,first ,amendment to the ,united ,states ,constitution in #agia4 7#aj7 ,under the ,first ,amendment1 which applies to the ,armed ,forces1 the ,federal ,government has a constitutional duty to provide for the religious exercise of members of the ,armed ,forces1 an obligation to which the chaplain corps is essential4 7#aa7 ,the ,supreme ,court stated1 in ,kennedy v4 ,bremerton ,school ,district1 #eig ,u4,s4 #ejg 7#bjbb71 that the court is aware of no historically sound understanding of the ,establishment ,clause that begins to make it necessary for government to be hostile to religion4 4 44 7#ab7 ,in ,kennedy v4 ,bremerton ,school ,district1 the ,supreme ,court further explained that the ,establishment ,clause does not include anything like a modified heckler's veto1 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 religious4 7#ac7 ,the ,supreme ,court made clear in ,parker v4 ,levy1 #dag ,u4,s4 #gcc 7#aigd7 that chaplains in the ,armed ,forces do not forfeit their ,first ,amendment rights by virtue of their military service4 7#ad7 ,section #f of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#c7 specifies that that ,act 7#db ,u4,s4,c4 #bjjj;bb et seq47 applies to all ,federal law1 and the implementation of that law1 whether statutory or otherwise1 and whether adopted before or after ,november #af1 #aiic4 #c4 ,duties1 responsibilities1 requirements1 and protections for ,army chaplains 7a7 ,chaplains ,section #gjgc of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 the ,deputy ,chief of ,chaplains2 7#c7 the ,deputy ,chief of ,chaplains for the ,army ,reserve2 7#d7 the ,deputy ,chief of ,chaplains for the ,army ,national ,guard2 2 7#b7 by redesignating subsection 7b7 as subsection 7f72 7#c7 by inserting after subsection 7a7 the following new subsections3 7b7 ,the ,chief of ,chaplains shall serve as a principal advisor to the ,secretary of the ,army and the ,chief of ,staff of the ,army4 7c7 ,the ,deputy ,chief of ,chaplains shall serve under the authority1 direction1 and control of the ,chief of ,chaplains4 7d7 ,under the authority1 direction1 and control of the ,chief of ,chaplains1 the ,deputy ,chief of ,chaplains for the ,army ,reserve shall serve as a principal advisor to the ,chief of the ,army ,reserve4 7e7 ,under the authority1 direction1 and control of the ,chief of ,chaplains1 the ,deputy ,chief of ,chaplains for the ,army ,national ,guard shall serve as a principal advisor to the ,chief of the ,national ,guard ,bureau4 2 and 7#d7 adding at the end the following new subsection3 7g7 ,the ,deputy ,chiefs of ,chaplains1 while so serving1 hold the grade of brigadier general4 4 7b7 ,chiefs of branches3 appointment2 duties ,section #gjcf of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following new subsection 7g73 7g7 ,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 ,army1 including strategic planning and the development of policies that affect religious support or have a nexus with the chaplaincy4 4 7c7 ,chaplains ,section #gbag of title #aj1 ,united ,states ,code1 is amended to read as follows3 #gbag4 ,duties1 responsibilities1 requirements1 and protections for ,army chaplains 7a7 ,duties1 responsibilities1 and requirements 7#a7 ,the ,army ,chaplaincy shall perform such duties as may be prescribed by the ,secretary of the ,army and the ,chief of ,chaplains of the ,army4 7#b7 ,the ,army ,chaplaincy shall be overseen by the ,chief of ,chaplains and shall-- 7,a7 serve as principal advisers to commanders on all issues concerning religious practices1 spiritual readiness1 spiritual care1 religious provisions1 and religion's influence on military operations1 which shall include1 but not be limited to-- 7i7 advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service1 pursuant to the ,first ,amendment to the ,constitution of the ,united ,states1 section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a71 and related statutes and policies2 7ii7 assisting commanders in managing religious affairs1 including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion2 7iii7 assisting commanders by serving as advisers with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion1 morals1 ethics1 well-being1 and morale2 and 7iv7 overseeing education and training programs concerning the accommodation of religious practices for members of the ,armed ,forces2 7,b7 meet the religious requirements and care for the spiritual needs of members of the ,armed ,forces1 other authorized persons1 and dependents of members1 potentially in isolated or combat environments2 7,c7 have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion2 7,d7 facilitate meeting the religious needs and requirements for members of the ,armed ,forces to whom an assigned chaplain cannot directly minister2 and 7,e7 maintain confidential1 sacramental1 and privileged communications1 including those recognized under applicable laws and policies4 7#c7 ,the tasks of chaplains in the ,army shall include1 but not be limited to1 the following3 7,a7 ,performing religious rites1 rituals1 services1 ordinances1 ceremonies1 and observances 7such as memorials1 weddings1 retirements1 sermons1 worship1 and burials74 7,b7 ,counseling1 meeting1 advising1 and praying with individuals or groups4 7,c7 ,providing crisis prevention and response4 7,d7 ,providing pastoral and spiritual care1 guidance1 support1 and activities4 7,e7 ,advising on religious accommodation requests4 7,f7 ,providing religious training and education4 7b7 ,protections 7#a7 ,a chaplain's duties1 responsibilities1 and requirements1 as set forth in subsection 7a71 shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 7#b7 ,a chaplain shall have the right to conduct public worship1 provide counseling1 teach1 deliver sermons1 advise1 minister1 and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 ,those activities shall be free from censorship1 undue restriction1 or fear of retribution4 7#c7 ,a chaplain shall uphold the chaplain's duty to protect confidential1 sacramental1 and privileged communications1 including communications recognized under applicable laws and policies4 7#d7 ,no member of the ,armed ,forces may-- 7,a7 require or assign a chaplain to perform any rite1 ritual1 ceremony1 sermon1 or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner1 form1 or tenets of the chaplain's religious-endorsing organization2 7,b7 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 manner1 form1 or tenets of the religious-endorsing organization of the chaplain1 consistent with section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a72 7,c7 retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection1 or take1 with respect to such a refusal by a chaplain1 any adverse personnel action including-- 7i7 denial of promotion1 schooling1 training1 assignment1 or financial recoupment2 7ii7 issuance of letters of reprimand2 or 7iii7 any other adverse action or entry in the chaplain's record2 or 7,d7 preclude a chaplain from conducting an activity described in paragraph 7#b74 7#e7 ,a member of the ,armed ,forces who violates paragraph 7#d7 shall be subject to prosecution under the ,uniform ,code of ,military ,justice4 7c7 ,assistance by commanding officers ,each officer shall furnish facilities1 including necessary transportation1 to any chaplain assigned to the command of the officer1 to assist the chaplain in performing the duties1 responsibilities1 and requirements of the chaplain under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,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 serve1 as in effect at the time the organization initially began endorsing chaplains1 not on its own behalf1 but on behalf of one or more external religious organizations that-- 7,a7 are religious-endorsing organizations2 7,b7 at the time the organization initially began endorsing chaplains1 did not possess the organizational capacity to endorse chaplains directly2 and 7,c7 were not members of1 nor otherwise affiliated with1 a fellowship or other organizational structure meeting the requirements set forth in paragraph 7#e77;,a77iii7 that possessed authority to endorse chaplains4 7#b7 ,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 career1 including-- 7,a7 a disciplinary action1 transfer1 negative performance evaluation1 removal1 separation1 discharge1 or mental health evaluation2 and 7,b7 a decision not to give the member a promotion1 an increase in pay or benefits1 an award1 training1 or relief4 7#c7 ,censorship ,the term censorship means any governmental action taken to suppress or restrict information1 ideas1 or expression4 7#d7 ,confidential1 sacramental1 and privileged communications ,the term confidential1 sacramental1 and privileged communications means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor4 7#e7 ,religious-endorsing organization 7,a7 ,the term religious-endorsing organization means an entity that-- 7i7 7,i7 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 serve2 and 7,,ii7 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 context2 or 7ii7 7,i7 meets the requirements of the ,department of ,defense and the armed force in which chaplains endorsed by the entity will serve2 7,,ii7 is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members2 and 7,,iii7 performs the function described in clause 7i77,,ii7 on behalf of its member religious organizations and religious ministry professionals4 7,b7 ,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 7,i7 and 7,,ii7 of subparagraph 7,a77i74 4 #d4 ,duties1 responsibilities1 requirements1 and protections for ,navy chaplains 7a7 ,chaplain corps and chief of chaplains ,section #hjhb of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,the ,chief of ,chaplains shall serve as a principal adviser to the ,secretary of the ,navy and the ,chief of ,naval ,operations4 4 7b7 ,deputy chiefs of chaplains ,section #hjhb;a of title #aj1 ,united ,states ,code1 is amended to read as follows3 #hjhb;a4 ,deputy ,chiefs of ,chaplains 7a7 ,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 years4 7b7 ,under the authority1 direction1 and control of the ,chief of ,chaplains1 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 ,corps4 7c7 ,under the authority1 direction1 and control of the ,chief of ,chaplains1 the ,deputy ,chief of ,chaplains for ,reserve ,matters shall also serve as a principal advisor to the ,chief of ,navy ,reserve4 7d7 ,the ,deputy ,chiefs of ,chaplains1 while so serving1 hold the grade of rear admiral 7lower half74 4 7c7 ,chaplains ,section #hbba of title #aj1 ,united ,states ,code1 is amended to read as follows3 #hbba4 ,duties1 responsibilities1 requirements1 and protections for ,navy chaplains 7a7 ,duties1 responsibilities1 and requirements 7#a7 ,the ,navy ,chaplaincy shall perform such duties as may be prescribed by the ,secretary of the ,navy and the ,chief of ,chaplains of the ,navy4 7#b7 ,the ,navy ,chaplaincy shall be overseen by the ,chief of ,chaplains and shall-- 7,a7 serve as principal advisers to commanders on all issues concerning religious practices1 spiritual readiness1 spiritual care1 religious provisions1 and religion's influence on military operations1 which shall include1 but not be limited to-- 7i7 advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service1 pursuant to the ,first ,amendment to the ,constitution of the ,united ,states1 section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a71 and related statutes and policies2 7ii7 assisting commanders in managing religious affairs1 including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion2 7iii7 assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion1 morals1 ethics1 well-being1 and morale2 and 7iv7 overseeing education and training programs concerning the accommodation of religious practices for members of the ,armed ,forces2 7,b7 meet the religious requirements and care for the spiritual needs of members of the ,armed ,forces1 other authorized persons1 and dependents1 potentially in isolated or combat environments2 7,c7 have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion2 7,d7 facilitate meeting the religious needs and requirements for members of the ,armed ,forces to whom an assigned chaplain cannot directly minister2 and 7,e7 maintain confidential1 sacramental1 and privileged communications1 including communications recognized under applicable laws and policies4 7#c7 ,the tasks of chaplains in the ,navy shall include1 but not be limited to1 the following3 7,a7 ,performing religious rites1 rituals1 services1 ordinances1 ceremonies1 and observances 7such as memorials1 weddings1 retirements1 sermons1 worship1 and burials74 7,b7 ,counseling1 meeting1 advising1 and praying with individuals or groups4 7,c7 ,providing crisis prevention and response4 7,d7 ,providing pastoral and spiritual care1 guidance1 support1 and activities4 7,e7 ,advising on religious accommodation requests4 7,f7 ,providing religious training and education4 7b7 ,protections 7#a7 ,a chaplain's duties1 responsibilities1 and requirements1 as set forth in subsection 7a71 shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 7#b7 ,a chaplain shall have the right to conduct public worship1 provide counseling1 teach1 deliver sermons1 advise1 minister1 and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 ,those activities shall be free from censorship1 undue restriction1 or fear of retribution4 7#c7 ,a chaplain shall uphold the chaplain's duty to protect confidential1 sacramental1 and privileged communications1 including communications recognized under applicable laws and policies4 7#d7 ,no member of the ,armed ,forces may-- 7,a7 require or assign a chaplain to perform any rite1 ritual1 ceremony1 sermon1 or speech1 contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner1 form1 or tenets of the chaplain's religious-endorsing organization2 7,b7 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 manner1 form1 or tenets of the chaplain's religious-endorsing organization1 consistent with section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a72 7,c7 retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection1 or take1 with respect to such a refusal by a chaplain1 any adverse personnel action including-- 7i7 denial of promotion1 schooling1 training1 assignment1 or financial recoupment2 7ii7 issuance of letters of reprimand2 or 7iii7 any other adverse action or entry in the chaplain's record2 or 7,d7 preclude a chaplain from conducting an activity described in paragraph 7#b74 7#e7 ,a member of the ,armed ,forces who violates paragraph 7#d7 shall be subject to prosecution under the ,uniform ,code of ,military ,justice4 7c7 ,assistance by commanding officers ,each officer shall furnish facilities1 including necessary transportation1 to any chaplain assigned to the command of the officer1 to assist the chaplain in performing the duties1 responsibilities1 and requirements of the chaplain under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,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 serve1 as in effect at the time the organization initially began endorsing chaplains1 not on its own behalf1 but on behalf of one or more external religious organizations that-- 7,a7 are religious-endorsing organizations2 7,b7 at the time the organization initially began endorsing chaplains1 did not possess the organizational capacity to endorse chaplains directly2 and 7,c7 were not members of1 nor otherwise affiliated with1 a fellowship or other organizational structure meeting the requirements set forth in paragraph 7#e77;,a77iii7 that possessed authority to endorse chaplains4 7#b7 ,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 career1 including-- 7,a7 a disciplinary action1 transfer1 negative performance evaluation1 removal1 separation1 discharge1 or mental health evaluation2 and 7,b7 a decision not to give the member a promotion1 an increase in pay or benefits1 an award1 training1 or relief4 7#c7 ,censorship ,the term censorship means any governmental action taken to suppress or restrict information1 ideas1 or expression4 7#d7 ,confidential1 sacramental1 and privileged communications ,the term confidential1 sacramental1 and privileged communications means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor4 7#e7 ,religious-endorsing organization 7,a7 ,the term religious-endorsing organization means an entity that-- 7i7 7,i7 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 serve2 and 7,,ii7 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 context2 or 7ii7 7,i7 meets the requirements of the ,department of ,defense and the armed force in which chaplains endorsed by the entity will serve2 7,,ii7 is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members2 and 7,,iii7 performs the function described in clause 7i77,,ii7 on behalf of its member religious organizations and religious ministry professionals4 7,b7 ,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 7,i7 and 7,,ii7 of subparagraph 7,a77i74 4 #e4 ,duties1 responsibilities1 requirements1 and protections for ,air ,force chaplains 7a7 ,chief of chaplains ,section #ijci of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,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 support1 including strategic planning and policy development related to those areas4 7e7 ,the ,air ,force ,chaplaincy1 which also services the ,space ,force1 shall-- 7#a7 be overseen by the ,office of the ,chief of ,chaplains2 and 7#b7 advise and assist commanders in ensuring the right of members of the ,armed ,forces to religious freedom1 in accordance with the ,first ,amendment to the ,constitution of the ,united ,states1 section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a71 and applicable laws and policies4 4 7b7 ,deputy chief of chaplains ,chapter #ije of title #aj1 ,united ,states ,code1 is amended by inserting after section #ijci the following new section3 #ijci;a4 ,deputy ,chief of ,chaplains3 appointment2 duties 7a7 ,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 years4 7b7 ,under the authority1 direction1 and control of the ,chief of ,chaplains1 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 ,operations4 7c7 ,a ,deputy ,chief of ,chaplains1 while so serving1 holds the grade of brigadier general4 4 7c7 ,the ,air ,staff3 function2 composition ,section #ijca of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#g71 7#h71 and 7#i7 as paragraphs 7#h71 7#i71 and 7#aj71 respectively2 and 7#b7 by inserting after paragraph 7#f7 the following new paragraph 7#g73 7#g7 ,the ,chief of ,chaplains for the ,air ,force and the ,space ,force4 4 7d7 ,chaplains ,section #ibag of title #aj1 ,united ,states ,code1 is amended to read as follows3 #ibag4 ,duties1 responsibilities1 requirements1 and protections for ,air ,force chaplains 7a7 ,duties1 responsibilities1 and requirements 7#a7 ,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 ,force4 7#b7 ,the ,air ,force ,chaplaincy shall be overseen by the ,chief of ,chaplains and shall-- 7,a7 serve as principal advisers to commanders on all issues concerning religious practices1 spiritual readiness1 spiritual care1 religious provisions1 and religion's influence on military operations1 which shall include1 but not be limited to-- 7i7 advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service1 pursuant to the ,first ,amendment to the ,constitution of the ,united ,states1 section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a71 and related statutes and policies2 7ii7 assisting commanders in managing religious affairs1 including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion2 7iii7 assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion1 morals1 ethics1 well-being1 and morale2 and 7iv7 overseeing education and training programs concerning the accommodation of religious practices for members of the ,armed ,forces2 7,b7 meet the religious requirements and care for the spiritual needs of members of the ,armed ,forces1 other authorized persons1 and dependents1 potentially in isolated or combat environments2 7,c7 have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion2 7,d7 facilitate meeting the religious needs and requirements for members of the ,armed ,forces to whom an assigned chaplain cannot directly minister2 and 7,e7 maintain confidential1 sacramental1 and privileged communications1 including communications recognized under applicable laws and policies4 7#c7 ,the tasks of chaplains in the ,air ,force shall include1 but not be limited to1 the following3 7,a7 ,performing religious rites1 rituals1 services1 ordinances1 ceremonies1 and observances 7such as memorials1 weddings1 retirements1 sermons1 worship1 and burials74 7,b7 ,counseling1 meeting1 advising1 and praying with individuals or groups4 7,c7 ,providing crisis prevention and response4 7,d7 ,providing pastoral and spiritual care1 guidance1 support1 and activities4 7,e7 ,advising on religious accommodation requests4 7,f7 ,providing religious training and education4 7b7 ,protections 7#a7 ,a chaplain's duties1 responsibilities1 and requirements1 as set forth in subsection 7a71 shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 7#b7 ,a chaplain shall have the right to conduct public worship1 provide counseling1 teach1 deliver sermons1 advise1 minister1 and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner1 form1 and tenets of the chaplain's religious-endorsing organization4 ,those activities shall be free from censorship1 undue restriction1 or fear of retribution4 7#c7 ,a chaplain shall uphold the chaplain's duty to protect confidential1 sacramental1 and privileged communications1 including communications recognized under applicable laws and policies4 7#d7 ,no member of the ,armed ,forces may-- 7,a7 require or assign a chaplain to perform any rite1 ritual1 ceremony1 sermon1 or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner1 form1 or tenets of the chaplain's religious-endorsing organization2 7,b7 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 manner1 form1 or tenets of the chaplain's religious-endorsing organization1 consistent with section #c of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb-#a72 7,c7 retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection1 or take1 with respect to such a refusal by a chaplain1 any adverse personnel action including-- 7i7 denial of promotion1 schooling1 training1 assignment1 or financial recoupment2 7ii7 issuance of letters of reprimand2 or 7iii7 any other adverse action or entry in the chaplain's record2 or 7,d7 preclude chaplains from exercising the activities described in paragraph 7#b74 7#e7 ,a member of the ,armed ,forces who violates paragraph 7#d7 shall be subject to prosecution under the ,uniform ,code of ,military ,justice4 7c7 ,assistance by commanding officers ,each officer shall furnish facilities1 including necessary transportation1 to any chaplain assigned to the command of the officer1 to assist the chaplain in performing the duties1 responsibilities1 and requirements of the chaplain under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,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 serve1 as in effect at the time the organization initially began endorsing chaplains1 not on its own behalf1 but on behalf of one or more external religious organizations that-- 7,a7 are religious-endorsing organizations2 7,b7 at the time the organization initially began endorsing chaplains1 did not possess the organizational capacity to endorse chaplains directly2 and 7,c7 were not members of1 nor otherwise affiliated with1 a fellowship or other organizational structure meeting the requirements set forth in paragraph 7#e77;,a77iii7 that possessed authority to endorse chaplains4 7#b7 ,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 career1 including-- 7,a7 a disciplinary action1 transfer1 negative performance evaluation1 removal1 separation1 discharge1 or mental health evaluation2 and 7,b7 a decision not to give the member a promotion1 an increase in pay or benefits1 an award1 training1 or relief4 7#c7 ,censorship ,the term censorship means any governmental action taken to suppress or restrict information1 ideas1 or expression4 7#d7 ,confidential1 sacramental1 and privileged communications ,the term confidential1 sacramental1 and privileged communications means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor4 7#e7 ,religious-endorsing organization 7,a7 ,the term religious-endorsing organization means an entity that-- 7i7 7,i7 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 serve2 and 7,,ii7 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 context2 or 7ii7 7,i7 meets the requirements of the ,department of ,defense and the armed force in which chaplains endorsed by the entity will serve2 7,,ii7 is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members2 and 7,,iii7 performs the function described in clause 7i77,,ii7 on behalf of its member religious organizations and religious ministry professionals4 7,b7 ,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 7,i7 and 7,,ii7 of subparagraph 7,a77i74 4 #f4 ,definition of chaplain for title #aj1 ,united ,states ,code ,section #aja7;b7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#ag7 ,the term chaplain means a fully qualified religious ministry professional from a religious tradition who-- 7,a7 satisfies the professional qualifications of the chaplain's religious-endorsing organization 7as defined in sections #gbag1 #hbba1 and #ibag of this title7 and the educational requirements of the ,department of ,defense and the ,armed ,force in which the chaplain serves or will serve2 and 7,b7 is appointed as both an officer in the ,chaplain ,corps of the ,armed ,forces and a representative of the chaplain's religious-endorsing organization1 to which the chaplain shall remain accountable to for providing religious ministry to the ,armed ,forces4 4 #g4 ,effect of violations 7a7 ,in general ,a member of the ,armed ,forces who violates section #gbag7;b77#d71 #hbba7;b77#d71 or #ibag7;b77#d7 of title #aj1 ,united ,states ,code1 as added by section #c1 shall be subject to prosecution under section #icd of such title 7article #acd of the ,uniform ,code of ,military ,justice74 7b7 ,regulations ,not later than one year after the date of the enactment of this ,act1 the ,president shall-- 7#a7 prescribe regulations establishing that a violation of section #gbag7;b77#d71 #hbba7;b77#d71 or #ibag7;b77#d7 of title #aj1 ,united ,states ,code1 as added by section #c1 constitutes an offense punishable under section #icd of such title 7article #acd of the ,uniform ,code of ,military ,justice72 and 7#b7 revise the ,manual for ,courts-,martial to include such offenses4 #h4 ,regulations ,the ,secretary of ,defense shall prescribe such regulations as are necessary to carry out the amendments made by this ,act4 #i4 ,conforming amendments 7a7 ,existing protections for chaplains ,section #ecc of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #aj ,u4,s4,c4 #ajcj note prec47 is amended-- 7#a7 in the section heading1 by striking and chaplains of such members2 7#b7 by striking subsection 7b72 and 7#c7 by redesignating subsection 7c7 as subsection 7b74 7b7 ,professional functions of the ,air ,force ,section #ijfc7;h7 of title #aj1 ,united ,states ,code1 is amended by adding in accordance with section #ibag7;a7 after ,secretary4