I 
114TH CONGRESS 
2D SESSION 
H. R. 6377 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2016 
Mr. SCHIFF (for himself, Mr. BERA, Mr. CA´RDENAS, Mr. COSTA, Ms. ESHOO, 
Mr. FARR, Mr. HONDA, Mr. HUFFMAN, Ms. LEE, Mr. TED LIEU of Cali-
fornia, Mr. LOWENTHAL, Ms. MATSUI, Mrs. NAPOLITANO, Mr. PETERS, 
Mr. ROYCE, Ms. LINDA T. SA´NCHEZ of California, Mr. SHERMAN, Mr. 
SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of California, 
Mrs. TORRES, Mr. VARGAS, Ms. MAXINE WATERS of California, Mr. 
DELANEY, Mr. YOUNG of Alaska, Mr. MCGOVERN, Ms. GRAHAM, and Mr. 
JONES) introduced the following bill; which was referred to the Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard Bonus 
Repayment and Financial Relief Act’’. 
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SEC. 2. WAIVER OF RECOUPMENT OF CERTAIN BONUSES 
AND SIMILAR BENEFITS ERRONEOUSLY RE-
CEIVED BY MEMBERS OF THE ARMY NA-
TIONAL GUARD. 
(a) REVIEW OF BONUSES AND BENEFITS TO DETER-
MINE ERRONEOUS RECEIPT.—The Secretary of the Army 
shall review all bonuses, incentive pays, or similar benefits 
received by members of the Army National Guard during 
the period beginning on January 1, 2004, and ending on 
December 31, 2010, in order to determine if such bonuses, 
pays, or similar benefits were issued erroneously. 
(b) ACTION UPON DETERMINATION OF ERRONEOUS 
RECEIPT.—Except as provided in subsection (c), if the 
Secretary determines that any bonus, incentive pay, or 
similar benefit described in subsection (a) was issued erro-
neously, the Secretary shall— 
(1) in the case of a bonus, pay, or benefit for 
which repayment would otherwise be authorized pur-
suant to section 303a(e) or 373 of title 37, United 
States Code, as applicable, waive repayment of the 
bonus, pay, or benefit in the event the member con-
cerned fully satisfies any period of service otherwise 
agreed to or imposed upon the member in connection 
with receipt of the bonus, pay, or benefit; and 
(2) in the case of a bonus, pay, or benefit re-
paid by a member before the date of the enactment 
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of this Act, repay the member the amount so repaid 
by the member, plus any interest paid by the mem-
ber in connection with the member’s repayment, in 
the event the member fully satisfies any period of 
service otherwise agreed to or imposed upon the 
member in connection with receipt of the bonus, pay, 
or benefit. 
(c) EXCEPTIONS.—Notwithstanding subsection (b), 
the Secretary may require a member of the Army National 
Guard to repay any bonus, incentive pay, or similar benefit 
described in subsection (a) that was issued erroneously if 
the Secretary determines either of the following: 
(1) That the member knowingly received the 
bonus, pay, or benefit through fraud or misrepresen-
tation in which the member participated. 
(2) That repayment is otherwise consistent with 
the provisions of section 303a(e) or 373 of title 37, 
United States Code, as applicable. 
(d) ADDITIONAL ACTIONS.— 
(1) IN
GENERAL.—For any member of the 
Army National Guard granted relief under sub-
section (b), the Secretary shall— 
(A) notify all consumer credit reporting 
agencies that any debt subject to the relief was 
never valid; and 
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(B) provide assistance, to the extent prac-
ticable, to the member if the member has faced 
or is facing financial hardship as a result of the 
recoupment actions taken against the member 
in connection with receipt of the bonus or simi-
lar benefit concerned. 
(2) EFFECT OF CONSUMER CREDIT NOTIFICA-
TION.—A consumer reporting agency notified of the 
invalidity of a debt pursuant to paragraph (1)(A) 
may not, after the date of the notice, make any con-
sumer report containing any information relating to 
the debt. 
(e) SOURCE OF FUNDS.—Amount for repayments 
pursuant to subsection (b)(2) shall be derived from appli-
cable current appropriations as if such repayments were 
payments for claims in connection with the correction of 
military records as provided in section 1552(c) of title 10, 
United States Code. 
(f) REPORT.—Not later than 60 days after the com-
pletion of the review required by subsection (a), the Sec-
retary shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
setting forth the following: 
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(1) The number of bonuses, incentive pays, or 
similar benefits identified through the review as 
being provided erroneously. 
(2) The number of members of the Army Na-
tional Guard against whom the Department of De-
fense proceeded with recoupment for erroneous pro-
vision, set forth by basis for recoupment and amount 
recouped. 
(3) The number of members of the Army Na-
tional Guard for whom the Department waived 
recoupment for erroneous provision, set forth by 
basis of waiver, amount waived, and amount repaid 
to members whose waiver occurred after recoupment 
by the Department. 
(4) The number of members of the Army Na-
tional Guard subject to an exception under sub-
section (c). 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘bonus, incentive pay, or similar 
benefit’’— 
(A) has the meaning given that term in 
section 373(d)(1) of title 37, United States 
Code; and 
(B) includes a bonus or similar benefit (as 
that term is defined in section 303a(e) of such 
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title) for which repayment would be authorized 
pursuant to such section 303a(e). 
(2) The terms ‘‘consumer credit reporting agen-
cy’’ and ‘‘consumer report’’ have the meaning given 
such terms in section 603 of the Fair Credit Report-
ing Act (15 U.S.C. 1681a). 
Æ 
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