S. 461

Crosby-Puller Combat Wounds Compensation Act

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        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Introduced in Senate (IS)]

109th CONGRESS
1st Session
S. 461

To amend title 37, United States Code, to require that a member of the
uniformed services who is wounded or otherwise injured while serving in
a combat zone continue to be paid monthly military pay and allowances,
while the member recovers from the wound or injury, at least equal to
the monthly military pay and allowances the member received immediately
before receiving the wound or injury, to continue the combat zone tax
exclusion for the member during the recovery period, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 18, 2005

Mr. Rockefeller (for himself and Mr. Kennedy) introduced the following
bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

A BILL

To amend title 37, United States Code, to require that a member of the
uniformed services who is wounded or otherwise injured while serving in
a combat zone continue to be paid monthly military pay and allowances,
while the member recovers from the wound or injury, at least equal to
the monthly military pay and allowances the member received immediately
before receiving the wound or injury, to continue the combat zone tax
exclusion for the member during the recovery period, and for other
purposes.

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 ``Crosby-Puller Combat Wounds
Compensation Act''.

SEC. 2. NO REDUCTION IN MONTHLY MILITARY PAY AND ALLOWANCES FOR MEMBERS
OF THE UNIFORMED SERVICES WOUNDED OR INJURED IN COMBAT
ZONES.

(a) In General.--Subsection (b) of section 310 of title 37, United
States Code, is amended to read as follows:
``(b) No Reduction in Monthly Military Pay for Wounded or Injured
Members.--
``(1) Effect of wound or injury in combat zone.--For each
month during the period specified in paragraph (2), the total
amount of monthly military pay paid to a member who was wounded
or otherwise injured while assigned to duty in an area for
which special pay was available under this section at the time
the member was wounded or otherwise injured shall not be less
than the total amount of military pay paid to the member for
the month during which the member was wounded or otherwise
injured.
``(2) Duration.--Paragraph (1) shall apply with respect to
a wounded or injured member until the end of the first month
during which any of the following occurs:
``(A) The member is found to be physically able to
perform the duties of the member's office, grade, rank,
or rating.
``(B) The member is discharged or separated from
the uniformed services.
``(C) The member dies.
``(3) Military pay defined.--In this subsection, the term
`military pay' has the meaning given the term `pay' in section
101(21) of this title, except that the term includes allowances
under chapter 7 of this title.''.
(b) Retroactive Effective Date.--Subsection (b) of section 310 of
title 37, United States Code, as amended by this section, shall apply
with respect to any pay period ending on or after September 11, 2001,
for members of the uniformed services described in paragraph (1) of
such subsection who were wounded or otherwise injured on or after that
date.

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.--Subsections (a)(2) and (b)(2) of section 112
of the Internal Revenue Code of 1986, as amended by this section, shall
apply to compensation received for months ending after September 11,
2001, for members of the uniformed services described in such
subsections who were wounded or otherwise injured on or after that
date.
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