112 HR 3163 IH: Military Chaplains Act of 2025 U.S. House of Representatives 2025-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I119th CONGRESS1st SessionH. R. 3163IN THE HOUSE OF REPRESENTATIVESMay 1, 2025Mr. Self (for himself and Mr. Luttrell) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo 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.

1.

Short title

This Act may be cited as the “Military Chaplains Act of 2025”.

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)).

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:

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:

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:

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.