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[DOCID: f:h2778enr.txt]
H.R.2778
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide that members of the Armed Forces performing services for the
peacekeeping efforts in Bosnia and Herzegovina, Croatia, and Macedonia
shall be entitled to tax benefits in the same manner as if such services
were performed in a combat zone, 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. TREATMENT OF CERTAIN INDIVIDUALS PERFORMING SERVICES IN
CERTAIN HAZARDOUS DUTY AREAS.
(a) General Rule.--For purposes of the following provisions of the
Internal Revenue Code of 1986, a qualified hazardous duty area shall be
treated in the same manner as if it were a combat zone (as determined
under section 112 of such Code):
(1) Section 2(a)(3) (relating to special rule where deceased
spouse was in missing status).
(2) Section 112 (relating to the exclusion of certain combat
pay of members of the Armed Forces).
(3) Section 692 (relating to income taxes of members of Armed
Forces on death).
(4) Section 2201 (relating to members of the Armed Forces dying
in combat zone or by reason of combat-zone-incurred wounds, etc.).
(5) Section 3401(a)(1) (defining wages relating to combat pay
for members of the Armed Forces).
(6) Section 4253(d) (relating to the taxation of phone service
originating from a combat zone from members of the Armed Forces).
(7) Section 6013(f)(1) (relating to joint return where
individual is in missing status).
(8) Section 7508 (relating to time for performing certain acts
postponed by reason of service in combat zone).
(b) Qualified Hazardous Duty Area.--For purposes of this section,
the term ``qualified hazardous duty area'' means Bosnia and
Herzegovina, Croatia, or Macedonia, if as of the date of the enactment
of this section any member of the Armed Forces of the United States is
entitled to special pay under section 310 of title 37, United States
Code (relating to special pay; duty subject to hostile fire or imminent
danger) for services performed in such country. Such term includes any
such country only during the period such entitlement is in effect.
Solely for purposes of applying section 7508 of the Internal Revenue
Code of 1986, in the case of an individual who is performing services
as part of Operation Joint Endeavor outside the United States while
deployed away from such individual's permanent duty station, the term
``qualified hazardous duty area'' includes, during the period for which
such entitlement is in effect, any area in which such services are
performed.
(c) Exclusion of Combat Pay From Withholding Limited to Amount
Excludable From Gross Income.--Paragraph (1) of section 3401(a) of the
Internal Revenue Code of 1986 (defining wages) is amended by inserting
before the semicolon the following: ``to the extent remuneration for
such service is excludable from gross income under such section''.
(d) Increase in Combat Pay Exclusion for Officers to Highest Amount
Applicable to Enlisted Personnel.--
(1) In general.--Subsection (b) of section 112 of such Code
(relating to commissioned officers) is amended by striking ``$500''
and inserting ``the maximum enlisted amount''.
(2) Maximum enlisted amount.--Subsection (c) of section 112 of
such Code (relating to definitions) is amended by adding at the end
the following new paragraph:
``(5) The term `maximum enlisted amount' means, for any month,
the sum of--
``(A) the highest rate of basic pay payable for such month
to any enlisted member of the Armed Forces of the United States
at the highest pay grade applicable to enlisted members, and
``(B) in the case of an officer entitled to special pay
under section 310 of title 37, United States Code, for such
month, the amount of such special pay payable to such officer
for such month.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
provisions of and amendments made by this section shall take effect
on November 21, 1995.
(2) Withholding.--Subsection (a)(5) and the amendment made by
subsection (c) shall apply to remuneration paid after the date of
the enactment of this Act.
SEC. 2. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.
Subsection (c) of section 10511 of the Revenue Act of 1987 is
amended by striking ``October 1, 2000'' and by inserting ``October 1,
2003''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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