II 

114TH CONGRESS 

2D SESSION S. 3476 

To waive recoupment by the United States of certain bonuses and similar 

benefits erroneously received by members of the Army National Guard, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2016 

Mrs. FEINSTEIN (for herself, Mrs. BOXER, Mr. LEAHY, Mr. MARKEY, Mr. 

MANCHIN, Mr. TESTER, Mr. COONS, Mr. MENENDEZ, Ms. BALDWIN, Mr. 

BLUMENTHAL, Mr. WYDEN, Mr. UDALL, Mr. FRANKEN, Mr. MURPHY, 

Ms. KLOBUCHAR, Mrs. MURRAY, Mr. WARNER, Mr. BOOKER, and Mr. 

SANDERS) introduced the following bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To waive recoupment by the United States of certain bonuses 

and similar benefits erroneously received by members 

of the Army National Guard, and for other purposes. 

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 ‘‘National Guard Bonus 

5 Repayment and Financial Relief Act’’. 


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1 SEC. 2. WAIVER OF RECOUPMENT OF CERTAIN BONUSES 

2 AND SIMILAR BENEFITS ERRONEOUSLY RE3 CEIVED BY MEMBERS OF THE ARMY NA4 TIONAL GUARD. 

5 (a) REVIEW OF BONUSES AND BENEFITS TO DETER6 MINE ERRONEOUS RECEIPT.—The Secretary of the Army 

7 shall review all bonuses, incentive pays, or similar benefits 

8 received by members of the Army National Guard during 

9 the period beginning on January 1, 2004, and ending on 

10 December 31, 2010, in order to determine if such bonuses, 

11 pays, or similar benefits were issued erroneously. 

12 (b) ACTION UPON DETERMINATION OF ERRONEOUS

13 RECEIPT.—Except as provided in subsection (c), if the 

14 Secretary determines that any bonus, incentive pay, or 

15 similar benefit described in subsection (a) was issued erro16 neously, the Secretary shall— 

17 (1) in the case of a bonus, pay, or benefit for 

18 which repayment would otherwise be authorized pur19 suant to section 303a(e) or 373 of title 37, United 

20 States Code, as applicable, waive repayment of the 

21 bonus, pay, or benefit in the event the member con22 cerned fully satisfies any period of service otherwise 

23 agreed to or imposed upon the member in connection 

24 with receipt of the bonus, pay, or benefit; and 

25 (2) in the case of a bonus, pay, or benefit re26 paid by a member before the date of the enactment 


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1 of this Act, repay the member the amount so repaid 

2 by the member, plus any interest paid by the mem3 ber in connection with the member’s repayment, in 

4 the event the member fully satisfies any period of 

5 service otherwise agreed to or imposed upon the 

6 member in connection with receipt of the bonus, pay, 

7 or benefit. 

8 (c) EXCEPTIONS.—Notwithstanding subsection (b), 

9 the Secretary may require a member of the Army National 

10 Guard to repay any bonus, incentive pay, or similar benefit 

11 described in subsection (a) that was issued erroneously if 

12 the Secretary determines either of the following: 

13 (1) That the member knowingly received the 

14 bonus, pay, or benefit through fraud or misrepresen15 tation in which the member participated. 

16 (2) That repayment is otherwise consistent with 

17 the provisions of section 303a(e) or 373 of title 37, 

18 United States Code, as applicable. 

19 (d) ADDITIONAL ACTIONS.— 

20 (1) IN GENERAL.—For any member of the 

21 Army National Guard granted relief under sub22 section (b), the Secretary shall— 

23 (A) notify all consumer credit reporting 

24 agencies that any debt subject to the relief was 

25 never valid; and 


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1 (B) provide assistance, to the extent prac2 ticable, to the member if the member has faced 

3 or is facing financial hardship as a result of the 

4 recoupment actions taken against the member 

5 in connection with receipt of the bonus or simi6 lar benefit concerned. 

7 (2) EFFECT OF CONSUMER CREDIT NOTIFICA8 TION.—A consumer reporting agency notified of the 

9 invalidity of a debt pursuant to paragraph (1)(A) 

10 may not, after the date of the notice, make any con11 sumer report containing any information relating to 

12 the debt. 

13 (e) SOURCE OF FUNDS.—Amount for repayments 

14 pursuant to subsection (b)(2) shall be derived from appli15 cable current appropriations as if such repayments were 

16 payments for claims in connection with the correction of 

17 military records as provided in section 1552(c) of title 10, 

18 United States Code. 

19 (f) REPORT.—Not later than 60 days after the com20 pletion of the review required by subsection (a), the Sec21 retary shall submit to the Committees on Armed Services 

22 of the Senate and the House of Representatives a report 

23 setting forth the following: 


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1 (1) The number of bonuses, incentive pays, or 

2 similar benefits identified through the review as 

3 being provided erroneously. 

4 (2) The number of members of the Army Na5 tional Guard against whom the Department of De6 fense proceeded with recoupment for erroneous pro7 vision, set forth by basis for recoupment and amount 

8 recouped. 

9 (3) The number of members of the Army Na10 tional Guard for whom the Department waived 

11 recoupment for erroneous provision, set forth by 

12 basis of waiver, amount waived, and amount repaid 

13 to members whose waiver occurred after recoupment 

14 by the Department. 

15 (4) The number of members of the Army Na16 tional Guard subject to an exception under sub17 section (c). 

18 (g) DEFINITIONS.—In this section: 

19 (1) The term ‘‘bonus, incentive pay, or similar 

20 benefit’’— 

21 (A) has the meaning given that term in 

22 section 373(d)(1) of title 37, United States 

23 Code; and 

24 (B) includes a bonus or similar benefit (as 

25 that term is defined in section 303a(e) of such 


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1 title) for which repayment would be authorized 

2 pursuant to such section 303a(e). 

3 (2) The terms ‘‘consumer credit reporting agen4 cy’’ and ‘‘consumer report’’ have the meaning given 

5 such terms in section 603 of the Fair Credit Report6 ing Act (15 U.S.C. 1681a). 

Æ 


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