I 

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. 


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•HR 6316 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Earned Their 

5 Bonus Act’’ or the ‘‘VET Bonus Act’’. 

6 SEC. 2. TREATMENT OF CALIFORNIA ARMY NATIONAL 

7 GUARD BONUSES AND SIMILAR BENEFITS 

8 PROVIDED BETWEEN JANUARY 1, 2004, AND 

9 DECEMBER 31, 2010. 

10 (a) TERMINATION OF RECOUPMENT AUTHORITY; 

11 EXCEPTIONS.— 

12 (1) TERMINATION.—Except as provided in 

13 paragraph (2), the Secretary of the Army may not 

14 recoup a bonus or similar benefit that was provided 

15 to a member of the California Army National Guard 

16 during the period beginning on January 1, 2004, 

17 and ending on December 31, 2010. 

18 (2) EXCEPTIONS.—Paragraph (1) will not apply 

19 only if the Secretary of the Army proves, on the 

20 record after an opportunity for a hearing, that the 

21 member knowingly— 

22 (A) received the bonus or similar benefit 

23 through fraud or misrepresentation in which 

24 the member participated; or 


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1 (B) failed to satisfy the service require2 ment upon which the bonus or similar benefit 

3 was conditioned, as provided in section 303a(e) 

4 or 373 of title 37, United States Code. 

5 (3) PRESUMPTION.—For purposes of paragraph 

6 (2), the member shall be presumed to have acted in 

7 good faith in procuring the bonus or similar benefit 

8 and to have satisfied the service requirement upon 

9 which the bonus or similar benefit was conditioned. 

10 (b) EFFECT OF EARLIER RECOUPMENT.—If, as of 

11 the date of the enactment of this Act, the Secretary of 

12 the Army has already recouped all or any portion of a 

13 bonus or similar benefit that was provided to a member 

14 of the California Army National Guard covered by sub15 section (a)(1), the Secretary shall reimburse the member 

16 for the amount repaid, plus interest, as authorized by sec17 tion 1552(c)(1) of title 10, United States Code, or any 

18 other authorities available to the Secretary. 

19 (c) OTHER RELIEF.—In the case of a member of the 

20 California Army National Guard covered by subsection 

21 (a)(1), the Secretary of the Army shall— 

22 (1) notify each consumer reporting agency that 

23 any debt and recoupment measures linked to the 

24 bonus or similar benefit were not valid; and 


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1 (2) provide financial assistance to the member 

2 if the member is facing financial hardship as a re3 sult of the recoupment measures. 

4 (d) DEFINITIONS.—In this section: 

5 (1) The term ‘‘bonus or similar benefit’’ has the 

6 meaning given that term in section 303a(e)(5)(A) or 

7 373(d)(1) of title 37, United States Code. 

8 (2) The term ‘‘consumer reporting agency’’ has 

9 the meaning given that term in section 603(p) of the 

10 Consumer Credit Protection Act (15 U.S.C. 

11 1681a(p)). 

12 (3) The term ‘‘service’’ has the meaning given 

13 that term in section 303a(e)(5)(B) or 373(d)(2) of 

14 title 37, United States Code. 

Æ 


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