Lawmakers introduce bills to ban National Guard bonus clawbacks

Lawmakers from California filed bills in the House and Senate on Thursday to permanently ban the Pentagon from recouping bonuses paid to National Guard troops more than a decade ago, fulfilling pledges to do so after the scandal broke.

“The Pentagon has shown a willingness to resolve this issue on its own, but we need to ensure these efforts won’t lapse under a new president,” Sen. Dianne Feinstein (D-Calif.) said in a statement Thursday. “We want to reassure the affected service members that our government stands by its commitments, and they will not be punished for the actions of others.”

{mosads}Last month, the Los Angeles Times first reported that the Pentagon was trying to recoup more than $20 million paid to thousands of National Guard service members who reenlisted at the height of the Iraq and Afghanistan wars.

The bonuses were meant to go to troops with in-demand skills but were applied more liberally. It happened in every state, but California was hardest hit.

A flood of outrage followed from lawmakers from both parties. In response, Defense Secretary Ash Carter halted the collection efforts pending a review of the process whereby soldiers can seek relief from debt.

Under the bills introduced Thursday, recoupment would be waived for anyone who unknowingly received erroneous bonuses.

The Army would also have to reimburse any soldier who has already repaid the government, including interest, and notify credit agencies that any debt previously reported was invalid.

Anyone who the Army determines knowingly engaged in fraud or misrepresentation to get the bonuses would not be covered by the bills.

The Senate bill was introduced by Feinstein and fellow California Democrat Sen. Barbara Boxer, and co-sponsored by 15 other Senate Democrats.

“I am relieved that Secretary Carter has suspended efforts to reclaim bonuses from service members who accepted them in good faith, but more must be done,” Boxer said in a statement. “Our soldiers and their families should not be responsible for the mistakes and illegal behavior of others. I look forward to working with my colleagues to ensure this financial burden does not weigh on our military families, who have already sacrificed so much.”

The House bill was introduced by Rep. Adam Schiff (D-Calif.) and was co-sponsored by 27 other lawmakers, including three Republicans.

Schiff said he hopes the legislation is taken up during the lame-duck session of Congress. He also said he’ll fight to make sure it’s included in the annual defense policy bill being negotiated by a House-Senate conference committee, of which he is a part.

“I was pleased when Secretary Carter announced the Pentagon would halt claw backs of bonuses and benefits given to members of the National Guard who enlisted or reenlisted to serve our nation during war time,” Schiff said in a statement. “However, legislative action is still needed to ensure these debts are waived and to repay soldiers who already paid back some or all of the bonuses they accepted in good faith.

“It should not fall on the shoulders of those who serve our country to pay for the mistakes of others that offered these incentives improperly or allowed the error to go undiscovered for so many years.”