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.

_______________________________________________________________________

                    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

_______________________________________________________________________

                                 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.''.
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