[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6316 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6316

  To stop the Secretary of the Army from recouping a bonus or similar 
   benefit provided to members of the California Army National Guard 
 between January 1, 2004, and December 31, 2010, unless the Secretary 
   can prove that the member knowingly secured the bonus or similar 
   benefit through fraud or misrepresentation or knowingly failed to 
perform the service requirement upon which the bonus or similar benefit 
                was conditioned, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2016

   Mr. Denham (for himself, Mr. McClintock, Mr. Cook, Mr. Royce, Mr. 
  Calvert, Mr. Rohrabacher, Mr. LaMalfa, Mr. Knight, Mr. Valadao, Mr. 
Issa, Mr. Rouzer, and Mr. Hunter) introduced the following bill; which 
            was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To stop the Secretary of the Army from recouping a bonus or similar 
   benefit provided to members of the California Army National Guard 
 between January 1, 2004, and December 31, 2010, unless the Secretary 
   can prove that the member knowingly secured the bonus or similar 
   benefit through fraud or misrepresentation or knowingly failed to 
perform the service requirement upon which the bonus or similar benefit 
                was conditioned, 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 ``Veterans Earned Their Bonus Act'' or 
the ``VET Bonus Act''.

SEC. 2. TREATMENT OF CALIFORNIA ARMY NATIONAL GUARD BONUSES AND SIMILAR 
              BENEFITS PROVIDED BETWEEN JANUARY 1, 2004, AND DECEMBER 
              31, 2010.

    (a) Termination of Recoupment Authority; Exceptions.--
            (1) Termination.--Except as provided in paragraph (2), the 
        Secretary of the Army may not recoup a bonus or similar benefit 
        that was provided to a member of the California Army National 
        Guard during the period beginning on January 1, 2004, and 
        ending on December 31, 2010.
            (2) Exceptions.--Paragraph (1) will not apply only if the 
        Secretary of the Army proves, on the record after an 
        opportunity for a hearing, that the member knowingly--
                    (A) received the bonus or similar benefit through 
                fraud or misrepresentation in which the member 
                participated; or
                    (B) failed to satisfy the service requirement upon 
                which the bonus or similar benefit was conditioned, as 
                provided in section 303a(e) or 373 of title 37, United 
                States Code.
            (3) Presumption.--For purposes of paragraph (2), the member 
        shall be presumed to have acted in good faith in procuring the 
        bonus or similar benefit and to have satisfied the service 
        requirement upon which the bonus or similar benefit was 
        conditioned.
    (b) Effect of Earlier Recoupment.--If, as of the date of the 
enactment of this Act, the Secretary of the Army has already recouped 
all or any portion of a bonus or similar benefit that was provided to a 
member of the California Army National Guard covered by subsection 
(a)(1), the Secretary shall reimburse the member for the amount repaid, 
plus interest, as authorized by section 1552(c)(1) of title 10, United 
States Code, or any other authorities available to the Secretary.
    (c) Other Relief.--In the case of a member of the California Army 
National Guard covered by subsection (a)(1), the Secretary of the Army 
shall--
            (1) notify each consumer reporting agency that any debt and 
        recoupment measures linked to the bonus or similar benefit were 
        not valid; and
            (2) provide financial assistance to the member if the 
        member is facing financial hardship as a result of the 
        recoupment measures.
    (d) Definitions.--In this section:
            (1) The term ``bonus or similar benefit'' has the meaning 
        given that term in section 303a(e)(5)(A) or 373(d)(1) of title 
        37, United States Code.
            (2) The term ``consumer reporting agency'' has the meaning 
        given that term in section 603(p) of the Consumer Credit 
        Protection Act (15 U.S.C. 1681a(p)).
            (3) The term ``service'' has the meaning given that term in 
        section 303a(e)(5)(B) or 373(d)(2) of title 37, United States 
        Code.
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