H.R. 3163

119th CONGRESS 1st Session

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 · Sponsor: Mr. Self · Committee: Committee on Armed Services

Table of contents

• H.R. 3163
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Duties, responsibilities, requirements, and protections for chaplains in the Armed Forces

SEC. 1. Short title

• This Act may be cited as the “”.

SEC. 2. Findings

• Congress finds the following:
  • Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military.
  • George Washington, as a young colonel, recognized the importance of religious practice for his soldiers, repeatedly requesting chaplains for his troops and periodically performing religious duties himself when his superiors refused.
  • When the Continental Congress established the Continental Army, it recommended all officers and soldiers diligently to attend Divine Service.
  • John Adams instructed his Secretary of the Navy on the influence of a Navy chaplaincy, stating I know not whether the commanders of our ships have given much attention to this subject [chaplains], but in my humble opinion, we shall be very unskillful politicians as well as bad Christians and unwise men if we neglect this important office in our infant Navy.
  • In 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.
  • In 1942, Franklin D. Roosevelt also acknowledged the importance of the chaplaincy by vowing to , and during World War II, President Roosevelt had Bibles printed and provided to troops in the field. never fail to provide for the spiritual needs of our officers and men
  • 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.
  • 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.
  • The Supreme Court has stated that there is (Kennedy v. Bremerton School District (2022)). no historically sound understanding of the Establishment Clause that begins to make it necessary for government to be hostile to religion.
  • The Supreme Court has further explained that (Kennedy v. Bremerton School District (2022)). 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.
  • 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)).
  • The Religious Freedom Restoration Act of 1993 (; ) (section 6 of the Religious Freedom Restoration Act of 1993 (; )). applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after [November 16, 1993] Public Law 103–141; 42 U.S.C. 2000bb et seq.; 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:
      • The Chief of Chaplains shall serve as an adviser to the Secretary of the Army.
      • The Army Chaplaincy shall provide the following and shall be overseen by the Office of the Chief of Chaplains:
        • 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.
        • Serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, religious provisions and religion's influence on military operations.
        • 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.
        • Oversee education and training programs concerning the accommodation of religious practices for service members.
        • Provide guidance on the qualifications and requirements for religious-endorsing organizations submitting candidates for military chaplaincy.
        • Evaluate requests for the accommodation of religious practices and advise commanders on their approval or denial.
        • 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:
      • (a) Duties, responsibilities and requirements
        • A chaplain in the Army shall do the following:
          • Meet the religious requirements and care for the spiritual needs of service members, other authorized persons and their dependents.
          • 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.
          • Have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion.
          • Personally meet the religious requirements of persons in their assigned military units, potentially in isolated or combat environments.
          • Conduct religious ministry activities consistent with the tenets of their religious-endorsing organizations.
          • 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.
          • Facilitate meeting the religious needs and requirements for those persons to whom they cannot directly minister.
          • Maintain confidentiality of privileged communications.
        • In carrying out subparagraph (G) of paragraph (1), a chaplain in the Army may do the following:
          • Connect the person with a different chaplain, or a chaplain of the person’s faith, who can directly provide for their needs.
          • Equip the person with the tools or materials necessary to meet their own needs.
          • Coordinate the appointment of faith group-specific religious lay leaders.
          • Offer information on how to draw from local, civilian, or other resources.
        • The tasks of a chaplain in the Army may include, but are not limited to, the following:
          • Performing rites, rituals, ordinances, and ceremonies.
          • Visiting workspaces.
          • Counseling, meeting, advising and praying with individuals or groups.
          • Providing crisis prevention and response.
          • Conducting religious services, ceremonies, and observances (e.g., memorials, weddings, retirements, sermons, worship, burials).
          • Providing spiritual ministrations and activities.
          • Advising on religious accommodation requests.
          • Providing religious training and education.
      • (b) Protections
        • 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.
        • 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.
        • No member of the Armed Forces may—
          • 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
          • 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).
        • 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:
          • 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.
          • The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
          • The term chaplain means a fully qualified member of the clergy from a religious tradition who—
          • 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.
          • The term religious-endorsing organization means an entity that—
• (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:
      • The Chief of Chaplains shall serve as an adviser to the Secretary of the Navy.
      • 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:
        • 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.
        • Serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, religious provisions and religion's influence on military operations.
        • 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.
        • Oversee education and training programs concerning the accommodation of religious practices for service members.
        • Provide guidance on the qualifications and requirements for religious-endorsing organizations submitting candidates for military chaplaincy.
        • Evaluate requests for the accommodation of religious practices and advise commanders on their approval or denial.
        • 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:
      • (a) Duties, responsibilities and requirements
        • A chaplain in the Navy, Marine Corps and Coast Guard shall do the following:
          • Meet the religious requirements and care for the spiritual needs of service members, other authorized persons and their dependents.
          • 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.
          • Have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion.
          • Personally meet the religious requirements of persons in their assigned military units, potentially in isolated or combat environments.
          • Conduct religious ministry activities consistent with the tenets of their religious-endorsing organizations.
          • 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.
          • Facilitate meeting the religious needs and requirements for those persons to whom they cannot directly minister.
          • Maintain confidentiality of privileged communications.
        • In carrying out subparagraph (G) of paragraph (1), a chaplain in the Navy, Marine Corps and Coast Guard may do the following:
          • Connect the person with a different chaplain, or a chaplain of the person’s faith, who can directly provide for their needs.
          • Equip the person with the tools or materials necessary to meet their own needs.
          • Coordinate the appointment of faith group-specific religious lay leaders.
          • Offer information on how to draw from local, civilian, or other resources.
        • The tasks of a chaplain in the Navy, Marine Corps and Coast Guard may include, but are not limited to, the following:
          • Performing rites, rituals, ordinances, and ceremonies.
          • Visiting workspaces.
          • Counseling, meeting, advising and praying with individuals or groups.
          • Providing crisis prevention and response.
          • Conducting religious services, ceremonies, and observances (e.g., memorials, weddings, retirements, sermons, worship, burials).
          • Providing spiritual ministrations and activities.
          • Advising on religious accommodation requests.
          • Providing religious training and education.
      • (b) Protections
        • 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.
        • 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.
        • No member of the Armed Forces may—
          • 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
          • 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).
        • 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:
          • 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.
          • The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
          • The term chaplain means a fully qualified member of the clergy from a religious tradition who—
          • 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.
          • The term religious-endorsing organization means an entity that—
• (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:
      • The Chief of Chaplains shall serve as an adviser to the Secretary of the Air Force.
      • 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:
        • 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.
        • Serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, religious provisions and religion's influence on military operations.
        • 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.
        • Oversee education and training programs concerning the accommodation of religious practices for service members.
        • Provide guidance on the qualifications and requirements for religious-endorsing organizations submitting candidates for military chaplaincy.
        • Evaluate requests for the accommodation of religious practices and advise commanders on their approval or denial.
        • 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:
      • (a) Duties, responsibilities and requirements
        • A chaplain in the Air Force and Space Force shall do the following:
          • Meet the religious requirements and care for the spiritual needs of service members, other authorized persons and their dependents.
          • 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.
          • Have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion.
          • Personally meet the religious requirements of persons in their assigned military units, potentially in isolated or combat environments.
          • Conduct religious ministry activities consistent with the tenets of their religious-endorsing organizations.
          • 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.
          • Facilitate meeting the religious needs and requirements for those persons to whom they cannot directly minister.
          • Maintain confidentiality of privileged communications.
        • In carrying out subparagraph (G) of paragraph (1), a chaplain in the Air Force and Space Force may do the following:
          • Connect the person with a different chaplain, or a chaplain of the person’s faith, who can directly provide for their needs.
          • Equip the person with the tools or materials necessary to meet their own needs.
          • Coordinate the appointment of faith group-specific religious lay leaders.
          • Offer information on how to draw from local, civilian, or other resources.
        • The tasks of a chaplain in the Air Force and Space Force may include, but are not limited to, the following:
          • Performing rites, rituals, ordinances, and ceremonies.
          • Visiting workspaces.
          • Counseling, meeting, advising and praying with individuals or groups.
          • Providing crisis prevention and response.
          • Conducting religious services, ceremonies, and observances (e.g., memorials, weddings, retirements, sermons, worship, burials).
          • Providing spiritual ministrations and activities.
          • Advising on religious accommodation requests.
          • Providing religious training and education.
      • (b) Protections
        • 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.
        • 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.
        • No member of the Armed Forces may—
          • 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
          • 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).
        • 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:
          • 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.
          • The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
          • The term chaplain means a fully qualified member of the clergy from a religious tradition who—
          • 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.
          • The term religious-endorsing organization means an entity that—
• (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—
    • 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
    • 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 (; 10 U.S.C. prec. 1030 note) is amended— Public Law 112–239
      • in the section heading, by striking ;
      • by striking subsection (b); and
      • 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 after . in accordance with section 9217(a) Secretary