,i  #aadth ,,congress  #b;d ,session    
,h4 ,r4 #fcja  ,,in ,,the ,,house ,,of  
,,representatives  ,november #ad1       
#bjaf,ms4 ,brownley of ,california      
introduced the following bill2 which was
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to provide for   
certain requirements and limitations    
relating to the recoupment of bonuses   
and similar payments made to members of 
the uniformed services1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,honor ,our         
,national ,guard ,act4  #b4             
,requirements and limitations relating  
to recoupment of bonuses paid to members
 of the uniformed services  7a7         
,requirements for recoupment of certain 
bonuses ,the ,secretary concerned 7as   
such term is defined in section #aja7e7 
of title #cg1 ,united ,states ,code7 may
 not require the repayment by a member  
of the uniformed services of any bonus  
or similar payment under section        
#cjc;a7e7 or #cgc of title #cg1 ,united 

,states ,code1 unless the ,secretary    
carries out the following3  7#a7 ,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 service1 
the ,secretary shall--  7,a7 obtain a   
signed statement from a commanding      
officer of at least at the grade of     
,o-#f who is in the chain of command of 
the member2  7,b7 provide notice to the 
member of the intent to require         
repayment2 and  7,c7 provide for not    
less than #abj days after providing the 
notice under subparagraph 7,b7 for the  
member to respond to the notice and     
provide evidence that the member        
fulfilled the service required for the  
bonus or similar payment4  7#b7 ,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      
invalid1 the ,secretary shall--  7,a7   

appoint an investigating officer in     
accordance with any applicable          
requirements2 and  7,b7 confirm that    
such investigating officer determines1  
by a preponderance of evidence1 that the
 member committed fraud or did not      
complete the service requirements under 
the contract2 and  7,c7 obtain the      
written concurrence with such           
determination of a general or flag      
officer in the chain of command or the  
member4  7b7 ,effective date ,subsection
 7a7 shall take effect on the date of   
the enactment of this ,act4 ,no bonus   
may be recouped on or after such date   
except in accordance with such          
subsection4  7c7 ,treatment of          
repayments made before date of enactment
  7#a7 ,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    

invalid1 the ,secretary concerned shall 
pay the member the amount of such       
repayment 7including any amount of      
interest or penalties paid by the       
member7 unless the ,secretary determines
 repayment of the bonus or similar      
payment would be required pursuant to   
subsection 7a74  7#b7 ,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 7a74 ,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 amount4  7d7   
,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 concerned4