119-hr3163

[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>