H.R. 8769 — Military Chaplains Modernization Act of 2026

This section makes findings on the historical role of religion and chaplains in the U.S. military since the Continental Army's establishment in 1775, the constitutional duty under the First Amendment to accommodate religious exercise by service members, and Supreme Court precedents in Kennedy v. Bremerton School District (2022) and Parker v. Levy (1974) affirming protections for religious activity and chaplains' rights.

This section establishes the Deputy Chief of Chaplains, the Deputy Chief of Chaplains for the Army Reserve, and the Deputy Chief of Chaplains for the Army National Guard, each holding the grade of brigadier general and serving as principal advisors on chaplaincy matters. It requires the Army Chaplaincy to advise commanders on religious accommodations and free exercise of religion under the First Amendment and the Religious Freedom Restoration Act, provide spiritual care and rites to service members and dependents, and maintain confidential communications. It prohibits requiring chaplains to perform any rite, task, or speech contrary to their sincerely held religious beliefs or those of their endorsing organization.

This section designates the Chief of Chaplains as a principal adviser to the Secretary of the Navy and the Chief of Naval Operations. It establishes two Deputy Chiefs of Chaplains, one serving as Chaplain of the Marine Corps and adviser to the Commandant and the other as adviser to the Chief of Navy Reserve, both in the grade of rear admiral (lower half). It requires Navy chaplains to advise commanders on religious accommodations under the First Amendment and the Religious Freedom Restoration Act, provide spiritual care and religious rites, and maintain confidential communications, while protecting them from being assigned tasks contrary to their sincerely held beliefs or endorsing organization’s tenets and from retaliation for refusals.

This section establishes the Chief of Chaplains as the principal adviser to the Secretary of the Air Force and Chief of Staff on chaplaincy and religious support, adds the Chief to the Air Staff, and creates a Deputy Chief of Chaplains position to serve as Chaplain of the Space Force. It requires the Air Force Chaplaincy to advise commanders on religious accommodations, spiritual readiness, and free exercise of religion under the First Amendment and section 3 of the Religious Freedom Restoration Act (42 U.S.C. 2000bb–1), perform rites and pastoral care, and maintain confidential communications, while protecting chaplains from assignment to duties contrary to their sincerely held religious beliefs or endorsing organization tenets.

This section defines the term chaplain in title 10, United States Code, as a fully qualified religious ministry professional from a religious tradition. The individual must satisfy the professional qualifications of the chaplain’s religious-endorsing organization and the educational requirements of the Department of Defense and the relevant Armed Force, and must be appointed both as an officer in the Chaplain Corps and as a representative of the endorsing organization, remaining accountable to that organization for providing religious ministry to the Armed Forces.

This section subjects members of the Armed Forces who violate section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, to prosecution under article 134 of the Uniform Code of Military Justice. It requires the President to prescribe regulations establishing such violations as offenses under that article and to revise the Manual for Courts-Martial to include them, within one year of enactment.

This section eliminates the application of section 533 of the National Defense Authorization Act for Fiscal Year 2013 to chaplains of members of the armed forces. It also requires the Secretary of the Air Force to exercise professional functions in accordance with section 9217(a) of title 10, United States Code.