The Clawback of Bonuses for National Guards Troops is Disgraceful -- Here's How We Need to Fix It

Statement

Dear Friend,

There are few values more sacred, more fundamental to our nation, than making sure that the men and women who serve our country and their families are treated with honor and respect.

That's why it was so deeply distressing to learn last week that up to ten thousand current and former members of the California National Guard may be forced to repay bonuses and other benefits they were promised when they enlisted or reenlisted.

In some cases, these soldiers and veterans are facing tax liens or wage garnishments for thousands of dollars, plus interest, for payments they received up to ten years earlier.

The men and women who serve our nation in the Armed Forces deserve better.

This is all the more true for those who enlisted or reenlisted in the midst of two wars in Afghanistan and Iraq that stretched our military forces to the breaking point. The reward for their bravery and service should be our eternal gratitude and assistance, not a bill or tax lien.

What message does that send to them, not to mention other Americans who might be considering service to this nation?

While we're still trying to get a full picture of the number of soldiers affected across the country -- not just in California -- it's been known for some time that there were issues with improper bonus payments and other benefits in the California National Guard. The problem was severe enough in California that a 2010 Inspector General's investigation found $100 million in excessive payments, and identified issues that ultimately resulted in one Master Sergeant pleading guilty for authorizing $15 million in fraudulent payments and serving jail time.

It is evident that there were severe failures in financial controls and oversight that allowed overpayments of this magnitude to occur. However, it should not fall to men and women who joined the National Guard to serve their country to shoulder the burden of others' mistakes. These overpayments occurred during a period when getting and keeping soldiers in uniform was a challenge, and many faced the prospect of multiple overseas deployments.

When I first read about the disgraceful clawback of these bonuses, I wrote to the National Guard and Pentagon to ask that they immediately halt debt collection efforts while we pursue a legislative remedy to solve this problem for California National Guard members and others who received bonuses or benefits in good faith.

The Pentagon took an important first step yesterday when they halted the clawback program. Much more, however, needs to be done.

Few issues unite Members of Congress on both sides of the aisle more than caring for our troops, and I'm confident that we'll be able to summon the necessary will to waive these debts. The issue is reminiscent to me of another fight we faced in 2005 when it was revealed that soldiers recuperating from injuries in Iraq and Afghanistan at Walter Reed Hospital were being charged hundreds of dollars a month for food at the hospital. There was broad, bipartisan outrage at this revelation, and Congress moved quickly to ensure that soldiers trying to rebuild their lives and bodies after devastating injuries could focus on getting better, not on paying their bills.

That same spirit must move Congress to act quickly in this case. I expect that multiple legislative approaches will be put forward, but one approach which I am pursuing would make sure that these debts are forgiven and any repayments made are refunded with interest. Congress will have the opportunity to fix this problem in the Defense bill that we take up as soon as we come back into session in November. I will certainly be doing my part to help craft this fix and ensure it's passage.

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