I 

108TH CONGRESS 

2D SESSION H. R. 5296 

To amend title 37, United States Code, to ensure that a member of the 

Armed Forces who is wounded or otherwise injured while serving in 

a combat zone will continue to receive certain special pays and allowances 

associated with such service, and will continue to receive the benefit 

of the combat zone tax exclusion associated with the pay and allowances 

of the member, while the member recovers from the wound or injury, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Mr. MARKEY (for himself, Mr. EVANS, Mr. BACA, Mr. MCDERMOTT, Mr. 

HOEFFEL, Mr. DELAHUNT, Mr. MCGOVERN, Mr. FILNER, Mr. KILDEE, 

Ms. MAJETTE, Mr. TIERNEY, Mrs. MALONEY, Mr. GUTIERREZ, Mr. VAN

HOLLEN, Mr. FRANK of Massachusetts, Mr. LARSEN of Washington, and 

Mr. WEXLER) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Committee on Ways 

and Means, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 37, United States Code, to ensure that a 

member of the Armed Forces who is wounded or otherwise injured while serving in a combat zone will continue 

to receive certain special pays and allowances associated 

with such service, and will continue to receive the benefit 

of the combat zone tax exclusion associated with the 

pay and allowances of the member, while the member 
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recovers from the wound or injury, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Crosby-Puller Combat 

5 Wounds Compensation Act’’. 

6 SEC. 2. CONTINUATION OF SPECIAL PAYS AND ALLOW7 ANCES FOR MEMBERS OF THE ARMED 

8 FORCES WOUNDED OR INJURED IN COMBAT 

9 ZONES. 

10 (a) HAZARDOUS DUTY PAY.—Section 301 of title 37, 

11 United States Code, is amended by adding at the end the 

12 following new subsection: 

13 ‘‘(g) A member of the armed forces entitled to incen14 tive pay under this section who is wounded or otherwise 

15 injured while assigned to duty in an area for which special 

16 pay under section 310 of this title is available and who 

17 is removed from the area for treatment of the wound or 

18 injury shall continue to be paid incentive pay under this 

19 section at the rate in effect for the member when the mem20 ber received the wound or injury until the earliest of the 

21 following dates: 

22 ‘‘(1) The date on which the member is found to 

23 be physically fit to perform the duties of the mem24 ber’s office, grade, rank, or rating. 
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1 ‘‘(2) The date on which the member is dis2 charged or separated from the armed forces. 

3 ‘‘(3) The date on which the member dies.’’. 

4 (b) AVIATION CAREER INCENTIVE PAY FOR OFFI5 CERS.—Section 301a of such title is amended by adding 

6 at the end the following new subsection: 

7 ‘‘(g) An officer entitled to incentive pay under this 

8 section who is wounded or otherwise injured while as9 signed to duty in an area for which special pay under sec10 tion 310 of this title is available and who is removed from 

11 the area for treatment of the wound or injury shall con12 tinue to be paid incentive pay under this section at the 

13 rate in effect for the officer when the officer received the 

14 wound or injury until the earliest of the following dates: 

15 ‘‘(1) The date on which the officer is found to 

16 be physically fit to perform the duties of the officer’s 

17 office, grade, rank, or rating. 

18 ‘‘(2) The date on which the officer is discharged 

19 or separated from the armed forces. 

20 ‘‘(3) The date on which the officer dies.’’. 

21 (c) CAREER ENLISTED FLIER INCENTIVE PAY.— 

22 Section 320 of such title is amended— 

23 (1) by redesignating subsection (i) as subsection 

24 (j); and 
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1 (2) by inserting after subsection (h) the fol2 lowing new subsection (i): 

3 ‘‘(i) CONTINUATION WHEN WOUNDED OR INJURED

4 IN COMBAT ZONE.—A member entitled to incentive pay 

5 under this section who is wounded or otherwise injured 

6 while assigned to duty in an area for which special pay 

7 under section 310 of this title is available and who is re8 moved from the area for treatment of the wound or injury 

9 shall continue to be paid incentive pay under this section 

10 at the rate in effect for the member when the member 

11 received the wound or injury until the earliest of the fol12 lowing dates: 

13 ‘‘(1) The date on which the member is found to 

14 be physically fit to perform the duties of the mem15 ber’s office, grade, rank, or rating. 

16 ‘‘(2) The date on which the member is dis17 charged or separated from the armed forces. 

18 ‘‘(3) The date on which the member dies.’’. 

19 (d) HARDSHIP DUTY PAY.—Section 305 of such title 

20 is amended— 

21 (1) by redesignating subsection (b) as sub22 section (c); and 

23 (2) by inserting after subsection (a) the fol24 lowing new subsection (b): 
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1 ‘‘(b) CONTINUATION WHEN WOUNDED OR INJURED

2 IN COMBAT ZONE.—A member of the armed forces enti3 tled to hardship duty pay under subsection (a) who is 

4 wounded or otherwise injured while assigned to duty in 

5 an area for which special pay under section 310 of this 

6 title is available and who is removed from the area for 

7 treatment of the wound or injury shall continue to be paid 

8 hardship duty pay under subsection (a) at the rate in ef9 fect for the member when the member received the wound 

10 or injury until the earliest of the following dates: 

11 ‘‘(1) The date on which the member is found to 

12 be physically fit to perform the duties of the mem13 ber’s office, grade, rank, or rating. 

14 ‘‘(2) The date on which the member is dis15 charged or separated from the armed forces. 

16 ‘‘(3) The date on which the member dies.’’. 

17 (e) IMMINENT DANGER PAY.—Subsection (b) of sec18 tion 310 of such title is amended to read as follows: 

19 ‘‘(b) CONTINUATION WHEN WOUNDED OR INJURED

20 IN COMBAT ZONE.—A member who is wounded or other21 wise injured while assigned to duty in an area for which 

22 special pay is available under this section and who is re23 moved from the area for treatment of the wound or injury 

24 shall continue to be paid such special pay at the rate in 
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1 effect for the member when the member received the 

2 wound or injury until the earliest of the following dates: 

3 ‘‘(1) The date on which the member is found to 

4 be physically fit to perform the duties of the mem5 ber’s office, grade, rank, or rating. 

6 ‘‘(2) The date on which the member is dis7 charged or separated from the armed forces. 

8 ‘‘(3) The date on which the member dies.’’. 

9 (f) TRAVEL AND TRANSPORTATION PER DIEM.—Sec10 tion 405 of such title is amended by adding at the end 

11 the following new subsection: 

12 ‘‘(d) CONTINUATION WHEN WOUNDED OR INJURED

13 IN COMBAT ZONE.—A member of the armed forces enti14 tled to a per diem under this section who is wounded or 

15 otherwise injured while assigned to duty in an area for 

16 which special pay under section 310 of this title is avail17 able and who is removed from the area for treatment of 

18 the wound or injury shall continue to be paid such per 

19 diem at the rate in effect for the member when the mem20 ber received the wound or injury until the earliest of the 

21 following dates: 

22 ‘‘(1) The date on which the member is found to 

23 be physically fit to perform the duties of the mem24 ber’s office, grade, rank, or rating. 
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1 ‘‘(2) The date on which the member is dis2 charged or separated from the armed forces. 

3 ‘‘(3) The date on which the member dies.’’. 

4 (g) FAMILY SEPARATION ALLOWANCE.—Section 427 

5 of such title is amended by adding at the end the following 

6 new subsection: 

7 ‘‘(f) CONTINUATION WHEN WOUNDED OR INJURED

8 IN COMBAT ZONE.—A member of the armed forces enti9 tled to an allowance under subsection (a) who is wounded 

10 or otherwise injured while assigned to duty in an area for 

11 which special pay under section 310 of this title is avail12 able and who is removed from the area for treatment of 

13 the wound or injury shall continue to be paid the allowance 

14 at the rate in effect for the member when the member 

15 received the wound or injury until the earliest of the fol16 lowing dates: 

17 ‘‘(1) The date on which the member is found to 

18 be physically fit to perform the duties of the mem19 ber’s office, grade, rank, or rating. 

20 ‘‘(2) The date on which the member is dis21 charged or separated from the armed forces. 

22 ‘‘(3) The date on which the member dies.’’. 
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1 SEC. 3. REPEAL OF TIME LIMITATION ON EXCLUSION OF 

2 COMBAT ZONE COMPENSATION BY REASON 

3 OF HOSPITALIZATION. 

4 (a) IN GENERAL.—Subsections (a)(2) and (b)(2) of 

5 section 112 of the Internal Revenue Code of 1986 are each 

6 amended by striking ‘‘; but this paragraph shall not apply 

7 for any month beginning more than 2 years after the date 

8 of the termination of combatant activities in such zone’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to compensation received for 

11 months ending after the date of the enactment of this Act. 

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