II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FLEXIBLE SPENDING ARRANGEMENTS FOR 

4 THE UNIFORMED SERVICES. 

5 (a) FLEXIBLE SPENDING ARRANGEMENTS.— 

6 (1) IN GENERAL.—Chapter 3 of title 37, United 

7 States Code, is amended by adding at the end the 

8 following new section: 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 387 IS

1 ‘‘§ 213. Flexible spending arrangements 

2 ‘‘(a) FLEXIBLE SPENDING ARRANGEMENTS FOR THE

3 UNIFORMED SERVICES.—(1) Not later than 180 days 

4 after the date of the enactment of this section, each Sec5 retary concerned shall establish procedures to implement 

6 flexible spending arrangements with respect to basic pay 

7 under section 204 of this title for health care and depend8 ent care on a pre-tax basis in accordance with regulations 

9 prescribed under sections 106(c) and 125 of the Internal 

10 Revenue Code of 1986. 

11 ‘‘(2) In establishing the procedures required by para12 graph (1), each Secretary concerned shall consider life 

13 events of members of the uniformed services that are 

14 unique to them as members of the uniformed services, in15 cluding changes relating to permanent changes of duty 

16 station and deployments to overseas contingency oper17 ations. 

18 ‘‘(b) DEDUCTIONS NOT PROHIBITED FOR ENLISTED

19 MEMBERS.—Section 701(c) of this title, relating to as20 signment of the pay of an enlisted member, may not be 

21 construed to prohibit or invalidate the arrangements au22 thorized by this section with respect to the pay or com23 pensation of an enlisted member.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 3 of such title is 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 387 IS

1 amended by inserting after the item relating to sec2 tion 204 the following new item: 

‘‘213. Flexible spending arrangements.’’. 

3 (b) IMPLEMENTATION AND SOURCE OF FUNDS.— 

4 (1) IMPLEMENTATION.—Each Secretary con5 cerned shall establish the procedures required by 

6 section 213(a) of such title, as added by subsection 

7 (a)(1), not later than 180 days after the date of the 

8 enactment of this Act. 

9 (2) SOURCE OF FUNDS.—To cover the cost of 

10 establishing the procedures described in paragraph 

11 (1), each Secretary concerned shall use funds other12 wise available for the operation of the Office of that 

13 Secretary. 

14 (3) SECRETARY CONCERNED DEFINED.—In this 

15 subsection, the term ‘‘Secretary concerned’’ has the 

16 meaning given such term in section 101 of such 

17 title. 

18 (c) REVIEW OF APPLICABILITY TO MEMBERS OF RE19 SERVE COMPONENTS OF THE UNIFORMED SERVICES.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of Defense shall submit to the congressional 

23 defense committees recommendations on the advis24 ability of authorizing flexible spending arrangements 

25 as described in such section 213(a), for pay received 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 387 IS

1 as a member of a reserve component of the uni2 formed services other than under section 204 of 

3 such title. 

4 (2) CONGRESSIONAL DEFENSE COMMITTEES

5 DEFINED.—In this subsection, the term ‘‘congres6 sional defense committees’’ has the meaning given 

7 such term in section 101(a) of title 10, United 

8 States Code. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS