[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6301 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6301

  To provide for certain requirements and limitations relating to the 
   recoupment of bonuses and similar payments made to members of the 
              uniformed services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2016

  Ms. Brownley of California introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To provide for certain requirements and limitations relating to the 
   recoupment of bonuses and similar payments made to members of the 
              uniformed services, and for other purposes.

    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 ``Honor Our National Guard Act''.

SEC. 2. REQUIREMENTS AND LIMITATIONS RELATING TO RECOUPMENT OF BONUSES 
              PAID TO MEMBERS OF THE UNIFORMED SERVICES.

    (a) Requirements for Recoupment of Certain Bonuses.--The Secretary 
concerned (as such term is defined in section 101(5) of title 37, 
United States Code) may not require the repayment by a member of the 
uniformed services of any bonus or similar payment under section 
303a(e) or 373 of title 37, United States Code, unless the Secretary 
carries out the following:
            (1) In the case of the required repayment of a bonus or 
        similar payment by reason that the member of the uniformed 
        services failed to perform the required service, the Secretary 
        shall--
                    (A) obtain a signed statement from a commanding 
                officer of at least at the grade of O-6 who is in the 
                chain of command of the member;
                    (B) provide notice to the member of the intent to 
                require repayment; and
                    (C) provide for not less than 120 days after 
                providing the notice under subparagraph (B) for the 
                member to respond to the notice and provide evidence 
                that the member fulfilled the service required for the 
                bonus or similar payment.
            (2) In the case of the required repayment of a bonus or 
        similar payment by reason that the contract providing for 
        payment of the bonus or other payment to a member of the 
        uniformed services is found invalid, the Secretary shall--
                    (A) appoint an investigating officer in accordance 
                with any applicable requirements; and
                    (B) confirm that such investigating officer 
                determines, by a preponderance of evidence, that the 
                member committed fraud or did not complete the service 
                requirements under the contract; and
                    (C) obtain the written concurrence with such 
                determination of a general or flag officer in the chain 
                of command or the member.
    (b) Effective Date.--Subsection (a) shall take effect on the date 
of the enactment of this Act. No bonus may be recouped on or after such 
date except in accordance with such subsection.
    (c) Treatment of Repayments Made Before Date of Enactment.--
            (1) In general.--In the case of a member of a uniformed 
        service who fully or partially repaid the Department of Defense 
        for a bonus or similar payment because the contract under which 
        the member received the bonus or similar payment was 
        subsequently found to be invalid, the Secretary concerned shall 
        pay the member the amount of such repayment (including any 
        amount of interest or penalties paid by the member) unless the 
        Secretary determines repayment of the bonus or similar payment 
        would be required pursuant to subsection (a).
            (2) Interest.--The Secretary concerned shall also pay to 
        such a member interest on any amount the member fully or 
        partially repaid the Department of Defense for a bonus or 
        similar payment referred to in subsection (a). Such interest 
        shall be paid at a rate equal to rate charged on Federal Direct 
        Student Loans as of the date of the enactment of this Act and 
        shall be calculated beginning on the date on which the member 
        first paid to the Department any such amount.
    (d) Treatment of Waived Debts.--Nothing in this section shall apply 
to any debt or any portion of any debt that has been waived or 
otherwise relieved by the Secretary concerned.
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