[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6140 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6140

To delay any presumption of death in connection with the kidnapping in 
 Iraq or Afghanistan of a retired member of the Armed Forces to ensure 
           the continued payment of the member's retired pay.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2008

    Mr. Broun of Georgia (for himself, Mr. Filner, and Mr. Lamborn) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To delay any presumption of death in connection with the kidnapping in 
 Iraq or Afghanistan of a retired member of the Armed Forces to ensure 
           the continued payment of the member's retired pay.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PROTECT Act'' or ``Protecting the 
Retirement of Our Troops by Ensuring Compensation is Timely Act''.

SEC. 2. PRESUMPTION OF DEATH FOR PARTICIPANTS IN SURVIVOR BENEFIT PLAN 
              IN MISSING STATUS.

    (a) Conditions on Presumption.--In the case of a participant in the 
Survivor Benefit Plan who has been determined by the Secretary of State 
to have been kidnapped in Iraq or Afghanistan on or after October 7, 
2001, the Secretary of a military department may not make a 
determination under section 1450(l) of title 10, United States Code, 
that the participant is missing, with the presumption of death, until 
the earlier of--
            (1) a period of at least 7 years expires after the date of 
        the determination of the Secretary of State; or
            (2) the date on which the participant is confirmed dead and 
        a death certificate is delivered to the next of kin of the 
        participant.
    (b) Resumption of Retired Pay; Payment of Back Pay.--In the case of 
a participant in the Survivor Benefit Plan described in subsection (a) 
who was presumed to be dead before the date of the enactment of this 
Act under section 1450(l) of title 10, United States Code, the 
Secretary of a military department concerned shall--
            (1) resume payment of any retired pay to which the 
        participant is entitled to as a retired member of the Armed 
        Forces pending satisfaction of the conditions specified in 
        subsection (a); and
            (2) pay retired pay for periods occurring before the date 
        of the enactment of this Act for which retired pay was not paid 
        because of the presumption of death.
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