II 112th CONGRESS 1st Session S. 387 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.

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:

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.