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 juris-
diction 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 other-
wise 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Crosby-Puller Combat 
Wounds Compensation Act’’. 
SEC. 2. CONTINUATION OF SPECIAL PAYS AND ALLOW-
ANCES 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES WOUNDED OR INJURED IN COMBAT 
ZONES. 
(a) HAZARDOUS DUTY PAY.—Section 301 of title 37, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(g) A member of the armed forces entitled to incen-
tive pay under this section who is wounded or otherwise 
injured while assigned to duty in an area for which special 
pay under section 310 of this title is available and who 
is removed from the area for treatment of the wound or 
injury shall continue to be paid incentive pay under this 
section at the rate in effect for the member when the mem-
ber received the wound or injury until the earliest of the 
following dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating.
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’. 
(b) AVIATION CAREER INCENTIVE PAY FOR OFFI-
CERS.—Section 301a of such title is amended by adding 
at the end the following new subsection: 
‘‘(g) An officer entitled to incentive pay under this 
section who is wounded or otherwise injured while as-
signed to duty in an area for which special pay under sec-
tion 310 of this title is available and who is removed from 
the area for treatment of the wound or injury shall con-
tinue to be paid incentive pay under this section at the 
rate in effect for the officer when the officer received the 
wound or injury until the earliest of the following dates: 
‘‘(1) The date on which the officer is found to 
be physically fit to perform the duties of the officer’s 
office, grade, rank, or rating. 
‘‘(2) The date on which the officer is discharged 
or separated from the armed forces. 
‘‘(3) The date on which the officer dies.’’. 
(c) CAREER ENLISTED FLIER INCENTIVE PAY.— 
Section 320 of such title is amended— 
(1) by redesignating subsection (i) as subsection 
(j); and
(2) by inserting after subsection (h) the fol-
lowing new subsection (i): 
‘‘(i) CONTINUATION WHEN WOUNDED OR INJURED 
IN COMBAT ZONE.—A member entitled to incentive pay 
under this section who is wounded or otherwise injured 
while assigned to duty in an area for which special pay 
under section 310 of this title is available and who is re-
moved from the area for treatment of the wound or injury 
shall continue to be paid incentive pay under this section 
at the rate in effect for the member when the member 
received the wound or injury until the earliest of the fol-
lowing dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating. 
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’. 
(d) HARDSHIP DUTY PAY.—Section 305 of such title 
is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) CONTINUATION WHEN WOUNDED OR INJURED 
IN COMBAT ZONE.—A member of the armed forces enti-
tled to hardship duty pay under subsection (a) who is 
wounded or otherwise injured while assigned to duty in 
an area for which special pay under section 310 of this 
title is available and who is removed from the area for 
treatment of the wound or injury shall continue to be paid 
hardship duty pay under subsection (a) at the rate in ef-
fect for the member when the member received the wound 
or injury until the earliest of the following dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating. 
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’. 
(e) IMMINENT DANGER PAY.—Subsection (b) of sec-
tion 310 of such title is amended to read as follows: 
‘‘(b) CONTINUATION WHEN WOUNDED OR INJURED 
IN COMBAT ZONE.—A member who is wounded or other-
wise injured while assigned to duty in an area for which 
special pay is available under this section and who is re-
moved from the area for treatment of the wound or injury 
shall continue to be paid such special pay at the rate in
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’. 
(g) FAMILY SEPARATION ALLOWANCE.—Section 427 
of such title is amended by adding at the end the following 
new subsection: 
‘‘(f) CONTINUATION WHEN WOUNDED OR INJURED 
IN COMBAT ZONE.—A member of the armed forces enti-
tled to an allowance under subsection (a) who is wounded 
or otherwise injured while assigned to duty in an area for 
which special pay under section 310 of this title is avail-
able and who is removed from the area for treatment of 
the wound or injury shall continue to be paid the allowance 
at the rate in effect for the member when the member 
received the wound or injury until the earliest of the fol-
lowing dates: 
‘‘(1) The date on which the member is found to 
be physically fit to perform the duties of the mem-
ber’s office, grade, rank, or rating. 
‘‘(2) The date on which the member is dis-
charged or separated from the armed forces. 
‘‘(3) The date on which the member dies.’’.
SEC. 3. REPEAL OF TIME LIMITATION ON EXCLUSION OF 
COMBAT ZONE COMPENSATION BY REASON 
OF HOSPITALIZATION. 
(a) IN GENERAL.—Subsections (a)(2) and (b)(2) of 
section 112 of the Internal Revenue Code of 1986 are each 
amended by striking ‘‘; but this paragraph shall not apply 
for any month beginning more than 2 years after the date 
of the termination of combatant activities in such zone’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to compensation received for 
months ending after the date of the enactment of this Act. 
Æ