[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3163 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3163
To amend title 10, United States Code, to define the purpose, role,
duties, and professional qualification requirements for chaplains in
the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2025
Mr. Self (for himself and Mr. Luttrell) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to define the purpose, role,
duties, and professional qualification requirements for chaplains in
the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Chaplains Act of 2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(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 when his superiors refused.
(3) When the Continental Congress established the
Continental Army, it recommended ``all officers and soldiers
diligently to attend Divine Service.''
(4) 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.''
(5) In 1775, the Continental Congress understanding the
significance of chaplaincy, similarly instructed its fledgling
navy that ``commanders of the ships of the Thirteen Colonies
are to take care that divine services be performed twice a day
on board, and a sermon preached on Sunday.''
(6) 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'', and
during World War II, President Roosevelt had Bibles printed and
provided to troops in the field.
(7) 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.
(8) Being applicable to the Armed Forces the First
Amendment states: ``Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the right of
the people to peaceably assemble, and to petition the
Government from a redress of grievances.''
(9) The Supreme Court has stated that there is ``no
historically sound understanding of the Establishment Clause
that begins to make it necessary for government to be hostile
to religion.'' (Kennedy v. Bremerton School District (2022)).
(10) The Supreme Court has 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 religion.'' (Kennedy v. Bremerton School
District (2022)).
(11) The Supreme Court has made clear that chaplains in the
Armed Forces do not forfeit their First Amendment rights by
virtue of their military service (Parker v. Levy (1974)).
(12) The Religious Freedom Restoration Act of 1993 (Public
Law 103-141; 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]'' (section 6 of the Religious Freedom Restoration Act of
1993 (Public Law 103-141; 42 U.S.C. 2000bb-3)).
SEC. 3. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND PROTECTIONS FOR
CHAPLAINS IN THE ARMED FORCES.
(a) Army.--
(1) Chaplain corps and chief of chaplains.--Section 7073 of
title 10, United States Code, is amended by adding at the end
the following:
``(c) The Chief of Chaplains shall serve as an adviser to the
Secretary of the Army.
``(d) The Army Chaplaincy shall provide the following and shall be
overseen by the Office of the Chief of Chaplains:
``(1) Advise and assist commanders in discharging their
responsibilities to provide free exercise of religion in
military service, pursuant to the First Amendment of the United
States Constitution, section 2000bb-1 of title 42, United
States Code, and related statutes and policies.
``(2) Serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
religious provisions and religion's influence on military
operations.
``(3) Assist 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.
``(4) Oversee education and training programs concerning
the accommodation of religious practices for service members.
``(5) Provide guidance on the qualifications and
requirements for religious-endorsing organizations submitting
candidates for military chaplaincy.
``(6) Evaluate requests for the accommodation of religious
practices and advise commanders on their approval or denial.
``(7) Advise and assist commanders in addressing crisis and
suicide prevention initiatives.''.
(2) Chaplain.--Section 7217 of title 10, United States
Code, is amended to read as follows:
``Sec. 7217. Duties, responsibilities, requirements, and protections
for chaplains in the Army
``(a) Duties, Responsibilities and Requirements.--
``(1) A chaplain in the Army shall do the following:
``(A) Meet the religious requirements and care for
the spiritual needs of service members, other
authorized persons and their dependents.
``(B) Assist Armed Services Commanders by serving
as an adviser to all religious accommodation requests
and by providing advice on spiritual readiness, and
matters concerning religion, morals, ethics, well-
being, and morale.
``(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) Personally meet the religious requirements of
persons in their assigned military units, potentially
in isolated or combat environments.
``(E) Conduct religious ministry activities
consistent with the tenets of their religious-endorsing
organizations.
``(F) Advise Combatant Commands, commanding
officers, and organizations, as appropriate, on
religion, morals, ethics, well-being, morale, and
spiritual readiness in the unit, including religion's
impact on military operations.
``(G) Facilitate meeting the religious needs and
requirements for those persons to whom they cannot
directly minister.
``(H) Maintain confidentiality of privileged
communications.
``(2) In carrying out subparagraph (G) of paragraph (1), a
chaplain in the Army may do the following:
``(A) Connect the person with a different chaplain,
or a chaplain of the person's faith, who can directly
provide for their needs.
``(B) Equip the person with the tools or materials
necessary to meet their own needs.
``(C) Coordinate the appointment of faith group-
specific religious lay leaders.
``(D) Offer information on how to draw from local,
civilian, or other resources.
``(3) The tasks of a chaplain in the Army may include, but
are not limited to, the following:
``(A) Performing rites, rituals, ordinances, and
ceremonies.
``(B) Visiting workspaces.
``(C) Counseling, meeting, advising and praying
with individuals or groups.
``(D) Providing crisis prevention and response.
``(E) Conducting religious services, ceremonies,
and observances (e.g., memorials, weddings,
retirements, sermons, worship, burials).
``(F) Providing spiritual ministrations and
activities.
``(G) Advising on religious accommodation requests.
``(H) Providing religious training and education.
``(b) Protections.--
``(1) A chaplain's responsibilities and requirements, as
outlined in subsection (a), must be conducted in a manner
consistent with the chaplain's sincerely held religious beliefs
and tenets of their religious-endorsing organization.
``(2) Chaplains 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 tenets of their religious-
endorsing organization. These activities must be free from
censorship, undue restriction, or fear of retribution.
``(3) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any
rite, ritual, ceremony, procedure, sermon, speech, or
other task or action contrary to the sincerely held
religious beliefs of the chaplain, or to the tenets of
their religious-endorsing organization; or
``(B) retaliate, discriminate or take any adverse
personnel action against a chaplain, including denial
of promotion, schooling, training, assignment, or
financial recoupment; issuance of letters of reprimand;
or any other adverse actions or entries in their
record, based on the chaplain's refusal to comply with
a requirement prohibited under subsection (b).
``(4) Chaplains must uphold their duty to protect
confidential, sacramental, and privileged communications,
including those recognized under applicable laws and policies.
``(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.
``(d) Definitions.--For the purposes of this section:
``(1) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a service
member that affects or has the potential to affect their
current position or career, including promotion, disciplinary
actions, transfers, performance evaluations, pay, benefits,
awards, training, relief, removal, separation, discharge, or
mental health evaluations.
``(2) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict information,
ideas, or expression.
``(3) Chaplain.--The term `chaplain' means a fully
qualified member of the clergy from a religious tradition who--
``(A) satisfies the professional qualifications of
the chaplain's religious-endorsing organization and the
educational requirements of the Department of Defense
and the commissioning Armed Service; and
``(B) is appointed as both an officer in the
Chaplain Corps of the Armed Services and a
representative of the chaplain's religious-endorsing
organization to which the chaplain remains accountable
for providing religious ministry to the Armed Services.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means private communications made
during either religious sacraments or religious practice, which
are protected from being disclosed unless the individual gives
the chaplain express permission.
``(5) Religious-endorsing organization.--The term
`religious-endorsing organization' means an entity that--
``(A) is organized and functions primarily to
perform religious ministries to non-military lay
members and meets the requirements of the Department of
Defense and the commissioning Armed Service; and
``(B) possesses ecclesiastical authority to endorse
and withdraw endorsement for chaplains serving under
the authority of such entity to conduct religious
observances or ceremonies in a military context.''.
(b) Navy.--
(1) Chaplain corps and chief of chaplains.--Section 8082 of
title 10, United States Code, is amended by adding at the end
the following:
``(f) The Chief of Chaplains shall serve as an adviser to the
Secretary of the Navy.
``(g) The Navy Chaplaincy, which also services the Marine Corps and
the Coast Guard, shall provide the following and shall be overseen by
the Office of the Chief of Chaplains:
``(1) Advise and assist commanders in discharging their
responsibilities to provide free exercise of religion in
military service, pursuant to the First Amendment of the United
States Constitution, section 2000bb-1 of title 42, United
States Code, and related statutes and policies.
``(2) Serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
religious provisions and religion's influence on military
operations.
``(3) Assist 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.
``(4) Oversee education and training programs concerning
the accommodation of religious practices for service members.
``(5) Provide guidance on the qualifications and
requirements for religious-endorsing organizations submitting
candidates for military chaplaincy.
``(6) Evaluate requests for the accommodation of religious
practices and advise commanders on their approval or denial.
``(7) Advise and assist commanders in addressing crisis and
suicide prevention initiatives.''.
(2) Chaplains.--Section 8221 of title 10, United States
Code, is amended to read as follows:
``Sec. 8221. Duties, responsibilities, requirements, and protections
for chaplains in the Navy, Marine Corps and Coast Guard
``(a) Duties, Responsibilities and Requirements.--
``(1) A chaplain in the Navy, Marine Corps and Coast Guard
shall do the following:
``(A) Meet the religious requirements and care for
the spiritual needs of service members, other
authorized persons and their dependents.
``(B) Assist Armed Services Commanders by serving
as an adviser to all religious accommodation requests
and by providing advice on spiritual readiness, and
matters concerning religion, morals, ethics, well-
being, and morale.
``(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) Personally meet the religious requirements of
persons in their assigned military units, potentially
in isolated or combat environments.
``(E) Conduct religious ministry activities
consistent with the tenets of their religious-endorsing
organizations.
``(F) Advise Combatant Commands, commanding
officers, and organizations, as appropriate, on
religion, morals, ethics, well-being, morale, and
spiritual readiness in the unit, including religion's
impact on military operations.
``(G) Facilitate meeting the religious needs and
requirements for those persons to whom they cannot
directly minister.
``(H) Maintain confidentiality of privileged
communications.
``(2) In carrying out subparagraph (G) of paragraph (1), a
chaplain in the Navy, Marine Corps and Coast Guard may do the
following:
``(A) Connect the person with a different chaplain,
or a chaplain of the person's faith, who can directly
provide for their needs.
``(B) Equip the person with the tools or materials
necessary to meet their own needs.
``(C) Coordinate the appointment of faith group-
specific religious lay leaders.
``(D) Offer information on how to draw from local,
civilian, or other resources.
``(3) The tasks of a chaplain in the Navy, Marine Corps and
Coast Guard may include, but are not limited to, the following:
``(A) Performing rites, rituals, ordinances, and
ceremonies.
``(B) Visiting workspaces.
``(C) Counseling, meeting, advising and praying
with individuals or groups.
``(D) Providing crisis prevention and response.
``(E) Conducting religious services, ceremonies,
and observances (e.g., memorials, weddings,
retirements, sermons, worship, burials).
``(F) Providing spiritual ministrations and
activities.
``(G) Advising on religious accommodation requests.
``(H) Providing religious training and education.
``(b) Protections.--
``(1) A chaplain's responsibilities and requirements, as
outlined in subsection (a), must be conducted in a manner
consistent with the chaplain's sincerely held religious beliefs
and tenets of their religious-endorsing organization.
``(2) Chaplains 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 tenets of their religious-
endorsing organization. These activities must be free from
censorship, undue restriction, or fear of retribution.
``(3) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any
rite, ritual, ceremony, procedure, sermon, speech, or
other task or action contrary to the sincerely held
religious beliefs of the chaplain, or to the tenets of
their religious-endorsing organization; or
``(B) retaliate, discriminate or take any adverse
personnel action against a chaplain, including denial
of promotion, schooling, training, assignment, or
financial recoupment; issuance of letters of reprimand;
or any other adverse actions or entries in their
record, based on the chaplain's refusal to comply with
a requirement prohibited under subsection (b).
``(4) Chaplains must uphold their duty to protect
confidential, sacramental, and privileged communications,
including those recognized under applicable laws and policies.
``(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.
``(d) Definitions.--For the purposes of this section:
``(1) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a service
member that affects or has the potential to affect their
current position or career, including promotion, disciplinary
actions, transfers, performance evaluations, pay, benefits,
awards, training, relief, removal, separation, discharge, or
mental health evaluations.
``(2) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict information,
ideas, or expression.
``(3) Chaplain.--The term `chaplain' means a fully
qualified member of the clergy from a religious tradition who--
``(A) satisfies the professional qualifications of
the chaplain's religious-endorsing organization and the
educational requirements of the Department of Defense
and the commissioning Armed Service; and
``(B) is appointed as both an officer in the
Chaplain Corps of the Armed Services and a
representative of the chaplain's religious-endorsing
organization to which the chaplain remains accountable
for providing religious ministry to the Armed Services.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means private communications made
during either religious sacraments or religious practice, which
are protected from being disclosed unless the individual gives
the chaplain express permission.
``(5) Religious-endorsing organization.--The term
`religious-endorsing organization' means an entity that--
``(A) is organized and functions primarily to
perform religious ministries to non-military lay
members and meets the requirements of the Department of
Defense and the commissioning Armed Service; and
``(B) possesses ecclesiastical authority to endorse
and withdraw endorsement for chaplains serving under
the authority of such entity to conduct religious
observances or ceremonies in a military context.''.
(c) Air Force.--
(1) Chaplain corps and 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 an adviser to the
Secretary of the Air Force.
``(e) The Air Force Chaplaincy, which also services the Space
Force, shall provide the following and shall be overseen by the Office
of the Chief of Chaplains:
``(1) Advise and assist commanders in discharging their
responsibilities to provide free exercise of religion in
military service, pursuant to the First Amendment of the United
States Constitution, section 2000bb-1 of title 42, United
States Code, and related statutes and policies.
``(2) Serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
religious provisions and religion's influence on military
operations.
``(3) Assist 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.
``(4) Oversee education and training programs concerning
the accommodation of religious practices for service members.
``(5) Provide guidance on the qualifications and
requirements for religious-endorsing organizations submitting
candidates for military chaplaincy.
``(6) Evaluate requests for the accommodation of religious
practices and advise commanders on their approval or denial.
``(7) Advise and assist commanders in addressing crisis and
suicide prevention initiatives.''.
(2) Chaplains.--Section 9217 of title 10, United States
Code, is amended to read as follows:
``Sec. 9217. Duties, responsibilities, requirements, and protections
for chaplains in the Air Force and Space Force
``(a) Duties, Responsibilities and Requirements.--
``(1) A chaplain in the Air Force and Space Force shall do
the following:
``(A) Meet the religious requirements and care for
the spiritual needs of service members, other
authorized persons and their dependents.
``(B) Assist Armed Services Commanders by serving
as an adviser to all religious accommodation requests
and by providing advice on spiritual readiness, and
matters concerning religion, morals, ethics, well-
being, and morale.
``(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) Personally meet the religious requirements of
persons in their assigned military units, potentially
in isolated or combat environments.
``(E) Conduct religious ministry activities
consistent with the tenets of their religious-endorsing
organizations.
``(F) Advise Combatant Commands, commanding
officers, and organizations, as appropriate, on
religion, morals, ethics, well-being, morale, and
spiritual readiness in the unit, including religion's
impact on military operations.
``(G) Facilitate meeting the religious needs and
requirements for those persons to whom they cannot
directly minister.
``(H) Maintain confidentiality of privileged
communications.
``(2) In carrying out subparagraph (G) of paragraph (1), a
chaplain in the Air Force and Space Force may do the following:
``(A) Connect the person with a different chaplain,
or a chaplain of the person's faith, who can directly
provide for their needs.
``(B) Equip the person with the tools or materials
necessary to meet their own needs.
``(C) Coordinate the appointment of faith group-
specific religious lay leaders.
``(D) Offer information on how to draw from local,
civilian, or other resources.
``(3) The tasks of a chaplain in the Air Force and Space
Force may include, but are not limited to, the following:
``(A) Performing rites, rituals, ordinances, and
ceremonies.
``(B) Visiting workspaces.
``(C) Counseling, meeting, advising and praying
with individuals or groups.
``(D) Providing crisis prevention and response.
``(E) Conducting religious services, ceremonies,
and observances (e.g., memorials, weddings,
retirements, sermons, worship, burials).
``(F) Providing spiritual ministrations and
activities.
``(G) Advising on religious accommodation requests.
``(H) Providing religious training and education.
``(b) Protections.--
``(1) A chaplain's responsibilities and requirements, as
outlined in subsection (a), must be conducted in a manner
consistent with the chaplain's sincerely held religious beliefs
and tenets of their religious-endorsing organization.
``(2) Chaplains 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 tenets of their religious-
endorsing organization. These activities must be free from
censorship, undue restriction, or fear of retribution.
``(3) No member of the Armed Forces may--
``(A) require or assign a chaplain to perform any
rite, ritual, ceremony, procedure, sermon, speech, or
other task or action contrary to the sincerely held
religious beliefs of the chaplain, or to the tenets of
their religious-endorsing organization; or
``(B) retaliate, discriminate or take any adverse
personnel action against a chaplain, including denial
of promotion, schooling, training, assignment, or
financial recoupment; issuance of letters of reprimand;
or any other adverse actions or entries in their
record, based on the chaplain's refusal to comply with
a requirement prohibited under subsection (b).
``(4) Chaplains must uphold their duty to protect
confidential, sacramental, and privileged communications,
including those recognized under applicable laws and policies.
``(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.
``(d) Definitions.--For the purposes of this section:
``(1) Adverse personnel action.--The term `adverse
personnel action' means any action taken against a service
member that affects or has the potential to affect their
current position or career, including promotion, disciplinary
actions, transfers, performance evaluations, pay, benefits,
awards, training, relief, removal, separation, discharge, or
mental health evaluations.
``(2) Censorship.--The term `censorship' means any
governmental action taken to suppress or restrict information,
ideas, or expression.
``(3) Chaplain.--The term `chaplain' means a fully
qualified member of the clergy from a religious tradition who--
``(A) satisfies the professional qualifications of
the chaplain's religious-endorsing organization and the
educational requirements of the Department of Defense
and the commissioning Armed Service; and
``(B) is appointed as both an officer in the
Chaplain Corps of the Armed Services and a
representative of the chaplain's religious-endorsing
organization to which the chaplain remains accountable
for providing religious ministry to the Armed Services.
``(4) Confidential, sacramental, and privileged
communications.--The term `confidential, sacramental, and
privileged communications' means private communications made
during either religious sacraments or religious practice, which
are protected from being disclosed unless the individual gives
the chaplain express permission.
``(5) Religious-endorsing organization.--The term
`religious-endorsing organization' means an entity that--
``(A) is organized and functions primarily to
perform religious ministries to non-military lay
members and meets the requirements of the Department of
Defense and the commissioning Armed Service; and
``(B) possesses ecclesiastical authority to endorse
and withdraw endorsement for chaplains serving under
the authority of such entity to conduct religious
observances or ceremonies in a military context.''.
(d) Effect of Violations.--A member of the Armed Forces who
violates the policy required under section 7217(b), 8221(b), or 9217(b)
of title 10, United States Code, shall be subject to prosecution under
section 934 of such title (article 134 of the Uniform Code of Military
Justice). Not later than one year after the date of the enactment of
this section, the President shall--
(1) prescribe regulations establishing that a violation of
section 7217(b), 8221(b), or 9217(b) of title 10, United States
Code, constitutes an offense punishable under section 934 of
such title (article 134 of the Uniform Code of Military
Justice); and
(2) revise the Manual for Court-Martial to include such
offenses.
(e) Regulations.--The Secretary of Defense shall issue regulations
consistent with this section.
(f) Conforming Amendments.--
(1) Existing protections for chaplains.--Section 533 of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 10 U.S.C. prec. 1030 note) is amended--
(A) in the section heading, by striking ``and
chaplains of such members'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(2) Professional functions of the air force.--Subsection
(h) of section 9063 of title 10, United States Code, is amended
by adding ``in accordance with section 9217(a)'' after
``Secretary''.
<all>