To amend title 10, United States Code, to ensure that every military chaplain has the prerogative to close a prayer outside of a religious service according to the dictates of the chaplain's own conscience.

Madam Speaker, it is a sad day in America when our chaplains in the military cannot pray according to their faiths and consciences. Our troops are risking their lives in dangerous countries to protect the religious freedoms of others, but our own military does not always permit that our military chaplains can pray according to his or her faith.

For this reason, I have introduced H.R. 268, which is a bill to ensure that every military chaplain has the prerogative to close a prayer outside of a religious service according to the dictates of the chaplain's own conscience.

I have spoken with many, many chaplains who have served in conflicts from Vietnam to Desert Storm, and there never was any restriction on chaplains and on how they prayed until the mid-1990s. This suppression of religious freedom, the very principle on which this country was founded, is a pervasive problem that is affecting every branch of our Armed Forces and that is affecting chaplains of every denomination. As of 2008, 76 percent of the chaplains were Protestant, 9 percent Catholic, 1 percent Jewish, and 14.1 percent were of some other faith.

About 5 years ago, I was introduced to the case of Army Captain Chaplain

Jonathan Stertzbach, an independent Baptist by training. Chaplain Stertzbach was called to perform a memorial service for a fallen soldier. In that division, he had to e-mail his prayer to the divisional chaplain. In the prayer, the divisional chaplain struck through the words ``Jesus Christ.'' He sent back the prayer with the strike-through of ``Jesus Christ'' to Jonathan Stertzbach. Chaplain Stertzbach went to the company commander, and asked permission not to pray.

The company commander says, Why not?

He says, Because I've been ordered not to close my prayer as I see fit, based on my conscience, and knowing that the deceased soldier had attended his chapel, a Christian chapel.

So the company commander said to Chaplain Stertzbach, You will pray, and you will pray as you see fit.

He did, and he closed his prayer in the name of his Savior, the Lord Jesus Christ. From that, the divisional chaplain removed Chaplain Stertzbach from his chapel.

In 2005, when I heard this story, I wrote a letter to Lieutenant General Stanley Green, the inspector general of the United States Army, and I asked for an investigation into this case involving Chaplain Stertzbach. I am pleased to say, Madam Speaker, that Chaplain Stertzbach was returned to his chapel. The inspector general found that he should never have been removed.

Madam Speaker, very briefly, I just want to read the bill, which is so simple. This is what it says: to ensure that every military chaplain has the prerogative to close a prayer outside of a religious service according to the dictates of the chaplain's own conscience.

Madam Speaker, this is a sad day in America. I would be on this floor for a Jewish rabbi. I would be on this floor for a Muslim who happened to be a chaplain in the military. I hope that my colleagues on both sides of the aisle will look at this bill, because all it says is that you can close your prayer based on your heart, based on the dictates of your faith outside the church on base, even over the body of a dead soldier.

Madam Speaker, as I close, I want to make it clear, because I see my friend on the floor who is of the Muslim faith, that I would be on this floor tonight for a Muslim chaplain who was told that he, an imam, could not close a prayer based on their faith.

Madam Speaker, I close by asking God to please bless our men and women in uniform. I ask God to please bless the families of our men and women in our uniform. I ask God in His loving arms to hold the families who have given a child dying for freedom in Afghanistan and Iraq.

Madam Speaker, I ask God to give wisdom, strength and courage to the President of the United States. And I ask three times, God, please, God, please, God, please continue to bless America.

February 6, 2005.

Department of the Army,

The Inspector General, 1700 Army Pentagon, Washington, DC.

Dear LTG Stanley Green: It has come to my attention that in

all branches of the military it is increasingly difficult for

chaplains to pray in adherence to their faith. I have read

reports, received letters, and seen documentation which

verifies that suppression of religious freedom throughout our

Armed Forces is a pervasive problem, affecting military

chaplains from all denominations and religions. Of particular

concern is an incident involving Army Captain Chaplain

Jonathon Stertzbach of the 3-6 FA HHB in Iraq. I am writing

to request that the Army Inspector General investigate

whether Chaplain Stertzbach was illegally removed from his

chapel.

This chaplain who is serving our troops in harm's way in

Iraq was asked by another unit, whose chaplain had to return

home to start chemotherapy after cancer was discovered, to

serve the spiritual needs of the unit's soldiers in weekly

movement to an undisclosed FOB (Forward Operating Base) as

well as his own battalion. During one of the missions,

tragically, one of the soldiers was killed in action. The

unit's Commanding Officer asked this chaplain to perform the

memorial ceremony because he had bravely served the soldiers,

and gone to the risk of convoying to the FOB (Forward

Operating Base) weekly.

Before the memorial ceremony, the chaplain submitted two

prayers and a meditation for the Division Chaplain and his

direct supervising chaplain to review and was approved. The

Brigade Chaplain, having just arrived from Fort Drum,

attempted to remove the chaplain from administering the

prayers of the memorial ceremony because he concluded his

prayer in the name of Jesus Christ in a public forum. The

chaplain, adhering to his conscience and faith tradition,

said he would not strike the words Jesus Christ.

The unit's Commanding Officer intervened, explaining that

Chaplain Stertzbach volunteered to serve a different unit

outside of his assigned unit and placed his life in harm's

way to provide for the needs of the unit's soldiers. The

Commanding Officer instructed that Chaplain Stertzbach would

pray according to his faith tradition and the prayers that he

had already submitted. The Brigade Chaplain told him to

qualify his prayer at the beginning with ``Please pray

according to your faith tradition, as I pray according to

mine'' and then close the prayer with ``in thy name we pray,

and in Jesus' name I pray.'' Chaplain Stertzbach delivered

the memorial meditation and prayers for the fallen hero, but

still followed orders with the `qualifier' remaining in

place.

After the incident, Chaplain Stertzbach's story reached the

media. The Chaplain was directly contacted by the Washington

Times and referenced in a Washington Times January story.

Chaplain Stertzbach's incident was not printed, but he was

quoted as saying the following:

``You need to allow people to pray according to their faith

group. Many faith groups do not pray in general and generic

terms. . . . For Christian groups, the name of Jesus is from

where all the power comes.''

I believe Chaplain Stertzbach answered questions fairly,

accurately, and within his legal rights. Consequently, his

answers to the media and the incident surrounding the

memorial ceremony resulted in Chaplain Stertzbach's removal

from his chapel.

I am concerned that Chaplain Stertzbach was removed without

justification. Again, I am requesting that you investigate

this incident and provide an explanation.

Sincerely,

Walter B. Jones,

Member of Congress.

Mr. Speaker, this year, I introduced H.R. 268, a bill to make sure that our military chaplains of all faiths and religions are able to close a prayer in any way they see fit.

America was built on religious freedom, and that is why I am truly disturbed by a letter that was sent to Secretary Gates from the Freedom from Religion Foundation. This organization has taken exception to the fact that while speaking on the anniversary of D-day in France, U.S. Military Chaplain Thomas MacGregor closed a prayer in the name of Jesus Christ. This is just another example of how this country's Judeo- Christian values have been under assault.

As I think my colleagues know, I am a man that respects all faiths, whether it be Christian, Jewish, Muslim, and I would be just as upset if a chaplain from a non-Christian religion came under the same attack. I respect the rights of nonbelievers just as I respect the rights of believers.

It is a sad day in America when a military chaplain is criticized for closing his prayer in a way that is true to his faith.

In closing, with our young men and women fighting for religious freedom for people overseas, it is our duty to protect our own military chaplains and respect the faith of each of them.

Mr. Speaker, before I close, I do this frequently on the floor of the House because my heart aches for those over in Afghanistan and Iraq. I ask God to please bless our men and women in uniform. I ask God to please bless the families of our men and women in uniform. I ask God, in His loving arms, to hold the families who have given a child dying for freedom in Afghanistan and Iraq. And I ask God to please bless the President of the United States with wisdom, strength and courage to do what is right for America. And I close three times, God please, God please, God please continue to bless America.