Enduring Accountability Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10564 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 10564

To amend title 10, United States Code, to authorize the separation of a member of the Armed Forces who accepts a pardon or commutation of sentence from the President.

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IN THE HOUSE OF REPRESENTATIVES

September 24, 2026

Ms. Johnson of Texas (for herself and Mr. Olszewski) introduced the following bill; which was referred to the Committee on Armed Services

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A BILL

To amend title 10, United States Code, to authorize the separation of a member of the Armed Forces who accepts a pardon or commutation of sentence from the President.

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 ``Enduring Accountability Act''.

SEC. 2. AUTHORITY TO SEPARATE A MEMBER OF THE ARMED FORCES WHO ACCEPTS A PARDON OR COMMUTATION OF SENTENCE FROM THE PRESIDENT.

Chapter 59 of title 10, United States Code, is amended by inserting after section 1161 the following new section: ``Sec. 1162. Authority to separate a member who accepts a pardon or commutation of sentence from the President ``(a) Authority.--(1) If a member of the Armed Forces accepts a pardon or commutation of sentence from the President, the Secretary concerned may, in accordance with the recommendation of a board convened under subsection (b)-- ``(A) authorize the involuntary administrative separation of the member; or ``(B) if the member is a member of the National Guard, withdraw the Federal recognition of such member under section 323 of title 32. ``(2) An involuntary administrative separation under paragraph (1) shall be characterized in accordance with the recommendation of the board. ``(b) Consideration by Board.--The Secretary concerned shall convene a board-- ``(1) not later than 30 days after a member under the jurisdiction of such Secretary accepts a pardon or commutation described in subsection (a); ``(2) to consider the conduct to which a pardon or commutation described in subsection (a) relates-- ``(A) under applicable regulations regarding fitness and conduct; and ``(B) pursuant to standard procedures; and ``(3) to make-- ``(A) findings of fact regarding the conduct described in paragraph (2); and ``(B) a recommendation whether to authorize the involuntary administrative separation of the member on the basis of such conduct, regardless of such pardon or commutation. ``(c) Notification.--The Secretary of a military department shall notify the Secretary of Defense not later than 30 days after each of the following: ``(1) The acceptance of a pardon or commutation of sentence described in subsection (a) by a member under the jurisdiction of such Secretary of a military department. ``(2) The convening of a board under subsection (b). ``(3) The recommendation of such a board. ``(d) Reporting.--Not later than 30 days after a board makes a recommendation under subsection (b), the Secretary of Defense, or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, shall submit to the appropriate congressional committees a written report regarding such recommendation. Such a report shall include the following elements: ``(1) The findings of fact and recommendation made by such board. ``(2) If the board recommended the involuntary administrative separation of the member-- ``(A) whether the Secretary authorized such involuntary administrative separation; and ``(B) if the Secretary did not authorize such involuntary administrative separation, the justification of the Secretary. ``(e) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means-- ``(A) in the case of a member of a covered armed force-- ``(i) the Committee on Armed Services of the House of Representatives; and ``(ii) the Committee on Armed Services of the Senate; or ``(B) in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy-- ``(i) the Committee on Transportation and Infrastructure of the House of Representatives; and ``(ii) the Committee on Commerce, Science, and Transportation of the Senate. ``(2) The term `covered armed force' means the Army, Navy, Marine Corps, Air Force, or Space Force.''. <all>