[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 387 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 387

  To amend title 37, United States Code, to provide flexible spending 
   arrangements for members of the uniformed services, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

Mrs. Boxer (for herself, Mr. Burr, and Mrs. Gillibrand) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 37, United States Code, to provide flexible spending 
   arrangements for members of the uniformed services, 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. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES.

    (a) Flexible Spending Arrangements.--
            (1) In general.--Chapter 3 of title 37, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 213. Flexible spending arrangements
    ``(a) Flexible Spending Arrangements for the Uniformed Services.--
(1) Not later than 180 days after the date of the enactment of this 
section, each Secretary concerned shall establish procedures to 
implement flexible spending arrangements with respect to basic pay 
under section 204 of this title for health care and dependent care on a 
pre-tax basis in accordance with regulations prescribed under sections 
106(c) and 125 of the Internal Revenue Code of 1986.
    ``(2) In establishing the procedures required by paragraph (1), 
each Secretary concerned shall consider life events of members of the 
uniformed services that are unique to them as members of the uniformed 
services, including changes relating to permanent changes of duty 
station and deployments to overseas contingency operations.
    ``(b) Deductions Not Prohibited for Enlisted Members.--Section 
701(c) of this title, relating to assignment of the pay of an enlisted 
member, may not be construed to prohibit or invalidate the arrangements 
authorized by this section with respect to the pay or compensation of 
an enlisted member.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title is amended by inserting 
        after the item relating to section 204 the following new item:

``213. Flexible spending arrangements.''.
    (b) Implementation and Source of Funds.--
            (1) Implementation.--Each Secretary concerned shall 
        establish the procedures required by section 213(a) of such 
        title, as added by subsection (a)(1), not later than 180 days 
        after the date of the enactment of this Act.
            (2) Source of funds.--To cover the cost of establishing the 
        procedures described in paragraph (1), each Secretary concerned 
        shall use funds otherwise available for the operation of the 
        Office of that Secretary.
            (3) Secretary concerned defined.--In this subsection, the 
        term ``Secretary concerned'' has the meaning given such term in 
        section 101 of such title.
    (c) Review of Applicability to Members of Reserve Components of the 
Uniformed Services.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees recommendations 
        on the advisability of authorizing flexible spending 
        arrangements as described in such section 213(a), for pay 
        received as a member of a reserve component of the uniformed 
        services other than under section 204 of such title.
            (2) Congressional defense committees defined.--In this 
        subsection, the term ``congressional defense committees'' has 
        the meaning given such term in section 101(a) of title 10, 
        United States Code.
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