I 

109TH CONGRESS 

1ST SESSION H. R. 3108 

To establish the Commission on Religious Freedom and Respect in the Armed 

Forces to assess the freedom of religion and respect for the diversity 

of spiritual values in the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005 

Mr. ISRAEL (for himself, Mrs. CAPPS, and Mrs. DAVIS of California) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To establish the Commission on Religious Freedom and Respect in the Armed Forces to assess the freedom of 

religion and respect for the diversity of spiritual values 

in the Armed Forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Religious Freedom and 

5 Respect in the Armed Forces Commission Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission to be known as the 

8 ‘‘Commission on Religious Freedom and Respect in the 
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1 Armed Forces’’ (in this Act referred to as the ‘‘Commis2 sion’’). 

3 SEC. 3. DEFINITION OF RELIGIOUS FREEDOM. 

4 In this Act, the term ‘‘religious freedom’’ means the 

5 freedom to choose one’s religious beliefs, to express such 

6 beliefs, and to exercise one’s religious beliefs, rituals, and 

7 traditions, without coercion or intimidation. 

8 SEC. 4. DUTIES AND POWERS. 

9 (a) DUTIES OF THE COMMISSION.—The Commission 

10 shall conduct a review to assess religious freedom, and re11 spect and tolerance for the diversity of spiritual values, 

12 in the Armed Forces. The review conducted by the Com13 mission shall include—

14 (1) an examination of the issues of religious 

15 freedom and respect for the diversity of spiritual val16 ues in the Armed Forces; 

17 (2) an assessment of the policies, procedures, 

18 and responsibilities for the accommodation of reli19 gious exercise in the Armed Forces; 

20 (3) a review of the report titled ‘‘The Report of 

21 the Headquarters Review Group Concerning the Re22 ligious Climate at the U.S. Air Force Academy’’, 

23 issued on June 22, 2005; and 

24 (4) a review of any reports by the Government 

25 Accountability Office or an Inspector General, and 
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1 any recommendations from other governmental or 

2 nongovernmental sources, regarding religious free3 dom and respect for the diversity of spiritual values 

4 in the Armed Forces that the Commission considers 

5 appropriate. 

6 (b) AREAS OF REVIEW.—As part of the review under 

7 subsection (a), the Commission shall identify and make 

8 findings regarding— 

9 (1) opportunities to clarify guidelines for reli10 gious freedom in the Armed Forces; 

11 (2) areas within the Armed Forces where ac12 commodation of religious freedom can be enhanced 

13 and improved; and 

14 (3) ways to improve and enhance respect and 

15 tolerance for the diversity of spiritual values in the 

16 Armed Forces. 

17 (c) HEARINGS.—The Commission may, for the pur18 pose of carrying out this Act, hold hearings, take testi19 mony, and receive evidence as the Commission considers 

20 appropriate. The Commission may issue subpoenas to 

21 compel the attendance of witnesses and the production of 

22 documents, and may administer oaths to witnesses ap23 pearing before it. 

24 (d) OBTAINING OFFICIAL DATA.—Subject to sections 

25 552, 552a, and 552b of title 5, United States Code, the 
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1 Commission may secure directly from any department or 

2 agency of the United States information necessary to en3 able it to carry out this Act. Upon request of the Chair4 man of the Commission, the head of that department or 

5 agency shall furnish the information to the Commission. 

6 (e) CONTRACTS.—The Commission may contract, as 

7 the Commission considers appropriate, for the provision 

8 of services, facilities, studies, and reports that will assist 

9 the Commission in carrying out its duties, responsibilities, 

10 and powers. 

11 SEC. 5. MEMBERSHIP. 

12 (a) NUMBER AND QUALIFICATIONS.—The Commis13 sion shall be composed of 12 members, appointed from 

14 among individuals who are scholars, experts, or other indi15 viduals with substantial knowledge of or experience in— 

16 (1) the constitution and church-state relations; 

17 (2) pastoral care; or 

18 (3) professional development in the Armed 

19 Forces. 

20 (b) APPOINTMENT.—Of the members described 

21 under subsection (a)— 

22 (1) four shall be appointed by the President, 

23 not more than 2 of whom may be of the same polit24 ical party; 
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1 (2) two shall be appointed by the Speaker of 

2 the House of Representatives; 

3 (3) two shall be appointed by the minority lead4 er of the House of Representatives; 

5 (4) two shall be appointed by the majority lead6 er of the Senate; and 

7 (5) two shall be appointed by the minority lead8 er of the Senate. 

9 (c) OPERATIONS.— 

10 (1) APPOINTMENT.—Members of the Commis11 sion shall be appointed not later than 30 days after 

12 the date of the enactment of this Act. 

13 (2) CHAIRMAN.—The President shall designate 

14 one member of the Commission to serve as Chair15 man of the Commission. 

16 (3) MEETINGS.— 

17 (A) FREQUENCY.—The Commission shall 

18 meet monthly at the call of the Chairman and 

19 at additional times as the Commission considers 

20 appropriate. 

21 (B) QUORUM.—Seven members of the 

22 Commission shall constitute a quorum but a 

23 lesser number may hold hearings. 

24 (4) COMPENSATION.—Members of the Commis25 sion shall serve without pay, but shall receive travel 
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1 expenses, including per diem in lieu of subsistence, 

2 in accordance with applicable provisions under sub3 chapter I of chapter 57 of title 5, United States 

4 Code. 

5 (5) PROFESSIONAL STAFF.—The Commission 

6 may employ, pursuant to laws and regulations gov7 erning the civil service, an executive secretary and 

8 any clerical, professional, and technical assistants as 

9 may be necessary. 

10 (6) TERMS AND VACANCIES.—Each member 

11 shall be appointed for the life of the Commission. A 

12 vacancy in the Commission shall be filled in the 

13 manner in which the original appointment was 

14 made. The appointment of the replacement member 

15 shall be made not later than 30 days after the date 

16 on which the vacancy occurs. 

17 SEC. 6. REPORT. 

18 Not later than 6 months after the date of the enact19 ment of this Act, the Commission shall submit a report 

20 to the President and Congress on the Commission’s find21 ings. The report shall include the following: 

22 (1) An assessment of religious freedom, and re23 spect and tolerance for the diversity of spiritual val24 ues, in the Armed Forces. 
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1 (2) Recommendations to clarify the right of re2 ligious freedom in the Armed Forces and to ensure 

3 that the rights of those who engage in religious exer4 cise and expression, as well as those who do not, are 

5 respected. 

6 (3) Recommendations regarding how the Armed 

7 Forces can promote and enhance tolerance and re8 spect for the spiritual values of all people. 

9 SEC. 7. TERMINATION OF THE COMMISSION. 

10 The Commission shall terminate 60 days after the 

11 date on which the Commission submits the report required 

12 under section 6. 

13 SEC. 8. FUNDING. 

14 Funds for activities of the Commission shall be pro15 vided from amounts appropriated for the Department of 

16 Defense. 

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