H.R. 10564: Enduring Accountability Act

This bill would give the military new authority to remove certain service members who accept a presidential pardon or commutation of sentence.

What it changes

It adds a new section to federal military law saying that if an active-duty or reserve member of the Armed Forces accepts a pardon or commutation of sentence from the President, the relevant military secretary may take action to separate that person from the military. For National Guard members, the bill also allows the federal government to withdraw their federal recognition.

How the process would work

• The military secretary would have to convene a board within 30 days after learning that the service member accepted the pardon or commutation.
• The board would review the conduct connected to the pardon or commutation under existing military standards and procedures.
• The board would make factual findings and recommend whether the member should be involuntarily separated.
• The military secretary could then approve that separation based on the board’s recommendation.
• If separation is approved, the characterization of the separation would follow the board’s recommendation.

Notification and reporting

The bill also creates reporting requirements:

• The military department secretary must notify the Secretary of Defense within 30 days when a covered service member accepts a pardon or commutation, when a board is convened, and when the board makes its recommendation.
• Within 30 days after the board’s recommendation, the Secretary of Defense must send a written report to the relevant congressional committees.
• That report must include the board’s findings and recommendation, whether separation was authorized, and if not, the Secretary’s reason for not authorizing it.

Who is covered

The bill applies to members of the Army, Navy, Marine Corps, Air Force, Space Force, and, in certain circumstances, the Coast Guard.

Relevant Companies

None found