S. 5255 — Military Chaplains Modernization Act of 2026

This section makes findings on the historical role of religion and religious liberty in American society, culture, and military service, including the Continental Congress's establishment of the military chaplaincy in 1775, presidential statements from Washington through Roosevelt, and Supreme Court rulings in Kennedy v. Bremerton School District and Parker v. Levy affirming protections for religious exercise and chaplains' First Amendment rights.

This section establishes the Chief of Chaplains as the principal advisor to the Secretary of the Army and Chief of Staff on chaplaincy matters and religious support. It creates three deputy chief positions and requires the Army Chaplaincy to advise commanders on religious accommodations, spiritual readiness, and free exercise of religion under the First Amendment and the Religious Freedom Restoration Act. It protects chaplains from performing rites, ceremonies, or tasks contrary to their sincerely held religious beliefs or those of their endorsing organizations.

This section designates the Chief of Chaplains as a principal adviser to the Secretary of the Navy and the Chief of Naval Operations. It requires Deputy Chiefs of Chaplains to serve as Chaplain of the Marine Corps and principal adviser to the Commandant of the Marine Corps, and as principal adviser to the Chief of Navy Reserve for reserve matters, all in the grade of rear admiral (lower half). It requires Navy chaplains to advise commanders on religious accommodation and spiritual readiness, provide rites and pastoral care, and maintain privileged communications, while prohibiting assignment of any duty contrary to a chaplain’s sincerely held religious beliefs or those of the chaplain’s endorsing organization.

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, creates one or more Deputy Chiefs of Chaplains (in the grade of brigadier general) who also serve as Chaplain of the Space Force, and adds the Chief to the Air Staff. It details Air Force chaplains’ duties to advise commanders on religious accommodations and free exercise under the First Amendment and the Religious Freedom Restoration Act (42 U.S.C. 2000bb–1), provide spiritual care and rites, and protect confidential communications, while prohibiting assignment of any chaplain to duties contrary to the chaplain’s sincerely held religious beliefs or endorsing organization.

This section defines the term chaplain in title 10, United States Code, as a fully qualified religious ministry professional from a religious tradition who meets the professional qualifications of the chaplain’s religious-endorsing organization and the educational requirements of the Department of Defense and the relevant Armed Force. The definition further requires appointment as both an officer in the Chaplain Corps and a representative of the endorsing organization, with ongoing accountability 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 and revise the Manual for Courts-Martial within one year to establish such violations as offenses under that article.

This section removes protections for chaplains from section 533 of the National Defense Authorization Act for Fiscal Year 2013 and updates the section heading to reflect the change. It also requires the professional functions of the Air Force to be performed in accordance with section 9217(a) of title 10, United States Code.