I 
112TH CONGRESS 
1ST SESSION 
H. R. 791 
To amend title 37, United States Code, to provide flexible spending 
arrangements for members of the uniformed services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2011 
Ms. LORETTA SANCHEZ of California (for herself, Ms. FOXX, and Mrs. 
MCMORRIS RODGERS) introduced the following bill; which was 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 Representa-
tives 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: 
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‘‘§ 213. Flexible spending arrangements 
‘‘(a) FLEXIBLE SPENDING ARRANGEMENTS FOR THE 
UNIFORMED SERVICES.—(1) Each Secretary concerned 
shall establish procedures to implement flexible spending 
arrangements with respect to basic pay under section 204 
of this title and compensation payable under section 206 
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 para-
graph (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, in-
cluding changes relating to permanent changes of duty 
station and deployments to overseas contingency oper-
ations. 
‘‘(b) DEDUCTIONS NOT PROHIBITED FOR ENLISTED 
MEMBERS.—Section 701(c) of this title, relating to as-
signment of the pay of an enlisted member, may not be 
construed to prohibit or invalidate the flexible spending 
arrangements authorized by this section with respect to 
the pay or compensation of an enlisted member.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 3 of such title is 
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amended by inserting after the item relating to sec-
tion 204 the following new item: 
‘‘213. Flexible spending arrangements.’’. 
(b) IMPLEMENTATION AND SOURCE OF FUNDS.— 
(1) IMPLEMENTATION.—Each Secretary con-
cerned shall establish the procedures required by 
section 213(a) of title 37, United States Code, 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 other-
wise 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(5) of title 
37, United States Code. 
(c) REVIEW OF APPLICABILITY TO SELECTED RE-
SERVE.— 
(1) IN GENERAL.—Not later than November 1, 
2011, the Secretary of Defense shall submit to the 
congressional defense committees recommendations 
on the advisability of authorizing flexible spending 
arrangements as described in section 212 of title 37, 
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United States Code, as added by subsection (a)(1), 
for members of the Selected Reserve. 
(2) CONGRESSIONAL
DEFENSE
COMMITTEES 
DEFINED.—In this subsection, the term ‘‘congres-
sional defense committees’’ has the meaning given 
such term in section 101(a) of title 10, United 
States Code. 
Æ 
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