HouseH.R. 10710119th Congress
Military Officer Promotion Integrity Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10710 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10710
To establish objective standards, procedural protections, and
independent review for the Secretary of Defense's removal of officers
from promotion recommendations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2026
Ms. Strickland (for herself and Ms. Houlahan) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To establish objective standards, procedural protections, and
independent review for the Secretary of Defense's removal of officers
from promotion recommendations.
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 ``Military Officer Promotion Integrity
Act of 2026''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The officer promotion system established under chapter
36 of title 10, United States Code, is intended to ensure that
officers are advanced based on merit, demonstrated performance,
professional qualifications, and the needs of the Armed Forces.
(2) Promotion selection boards convened under chapter 36 of
title 10, United States Code, play a critical role in
preserving the professionalism, merit-based character, and
apolitical nature of the Armed Forces.
(3) Officers selected for promotion by a duly constituted
promotion selection board should not be removed from promotion
consideration except pursuant to objective standards,
established procedures, and documented findings consistent with
law.
(4) Transparency, objectivity, and meaningful oversight
promote servicemember and public confidence in the military
promotion system, protect the rights of servicemembers, and
strengthen the readiness and effectiveness of the Armed Forces.
(5) Congress has a constitutional responsibility to make
rules for the government and regulation of the Armed Forces,
including establishing statutory standards governing the
promotion of commissioned officers.
SEC. 3. STANDARDS FOR REMOVAL FROM PROMOTION RECOMMENDATIONS.
Section 618 of title 10, United States Code, is amended--
(1) in subsection (d)(2), by striking ``In the case'' and
inserting ``Subject to subsection (g), in the case'';
(2) by redesignating subsection (g) as subsection (f); and
(3) by inserting after subsection (f), as so redesignated,
the following new subsection:
``(g) Removal From Promotion Recommendations.--(1) The Secretary of
Defense may remove an officer selected for promotion by a promotion
selection board under subsection (d)(2) only upon a written
determination that--
``(A) the officer engaged in misconduct;
``(B) newly discovered, material adverse information
unavailable to the promotion selection board materially affects
the qualifications of the officer for promotion;
``(C) the officer no longer satisfies statutory
qualifications for promotion; or
``(D) removal is required for reasons of national security
or military necessity.
``(2) The written determination shall identify the specific ground
for removal under paragraph (1), set forth the factual findings and
evidence supporting the determination, and be supported by substantial
evidence.
``(3) A written determination under paragraph (1) may not be based
upon an officer's participation in, implementation of, or statements
made in connection with a lawful Department of Defense policy,
directive, program, ceremony, or official activity that was authorized
at the time such conduct occurred.
``(4) Not later than 15 days after making a final determination
under this subsection, the Secretary shall provide--
``(A) written notice to the affected officer; and
``(B) written notification to the congressional defense
committees.
``(5) In this subsection, the term `adverse information' has the
meaning given the term in Department of Defense Instruction (DoDI)
1320.4, or successor regulations.''.
SEC. 4. DEFINITION OF MISCONDUCT.
Subsection (g) of section 618 of title 10, United States Code, as
added by section 3(2) of this Act, is amended by adding at the end the
following new paragraph:
``(6) For purposes of this subsection, the term 'misconduct'
means--
``(A) a violation of chapter 47 of this title (the Uniform
Code of Military Justice);
``(B) substantiated adverse findings by an Inspector
General, board of inquiry, or other competent authority;
``(C) conduct resulting in removal from command or the
initiation of administrative separation proceedings; or
``(D) conduct that materially demonstrates the officer's
inability to perform the duties of the grade for which
selected.''.
SEC. 5. NOTICE AND OPPORTUNITY TO RESPOND.
Section 618 of title 10, United States Code, as amended by section
3 of this Act, is further amended by adding at the end the following
new subsection:
``(h) Notice and Opportunity To Respond.--(1) Before making a final
determination to remove an officer from a promotion recommendation
under this section, the Secretary of Defense shall--
``(A) provide the officer written notice of the proposed
action and the factual basis supporting such action;
``(B) provide the officer an opportunity to submit written
matters for consideration within a reasonable period; and
``(C) consider any matters submitted by the officer before
issuing a final determination.
``(2) If, not later than 15 days after receiving notice of a final
determination under subsection (g), the officer subject to the
determination petitions a board for correction of military records
under section 1552(k) of this title for review of the determination,
the Secretary of Defense shall stay the removal of the officer from the
promotion recommendation until the board completes its review.''.
SEC. 6. EXPEDITED REVIEW BY BOARDS FOR CORRECTION OF MILITARY RECORDS.
(a) In General.--Section 1552 of title 10, United States Code, is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k)(1) An officer removed from a promotion recommendation under
section 618 of this title may petition the applicable board established
under subsection (a)(1) for expedited review. The board shall complete
review not later than 180 days after receipt of such petition.
``(2) If the board removes from the officer's promotion record the
adverse information upon which the Secretary's removal decision was
based or determines that the Secretary's removal of the officer
violated section 618 of this title, or regulations prescribed pursuant
to such section, the Secretary shall vacate the prior determination,
reconsider the officer's promotion recommendation in accordance with
such section, and issue a new written determination.''.
(b) Regulations.--The Secretary concerned shall prescribe
procedures to implement this section not later than 180 days after the
date of the enactment of this Act.
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