Honor Our National Guard Act

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. 1. Short title This Act may be cited as the Honor Our National Guard Act 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.

Summary: Honor Our National Guard Act This bill prohibits the department concerned (the Department of the Army, Navy, Air Force, Homeland Security, Commerce, or Health and Human Services) from requiring the repayment by a member of the uniformed services of any bonus or similar payment under provisions regarding special pay and repayment of an unearned portion of a bonus, incentive pay, or a similar benefit unless the Department, in the case of such a required repayment for failure to perform the required service: obtains a signed statement from a commanding officer of at least at the grade of O-6 in the member's chain of command, provides notice to the member of the intent to require repayment, and provides specified notice for the member to respond and provide evidence that the member fulfilled the required service. In the case of such a required repayment by reason that the contract providing for the payment of the bonus is found invalid, the department shall: appoint an investigating officer; confirm that such officer determines that the member committed fraud or did not complete the service requirement; and obtain the written concurrence of a general or flag officer in the member's chain of command. The department shall repay, and pay interest on, any amount a member repaid the Department of Defense for a bonus or similar payment the contract for which was found to be invalid.