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

Directs each Secretary of the military department concerned to: (1) establish procedures to implement flexible spending arrangements (FSAs) for military health care and dependent care for active-duty military personnel on a pre-tax basis; and (2) consider life events of members of the Armed Forces that are unique to them, including changes relating to permanent changes of duty station and deployments to overseas contingency operations.

Directs the Secretary of Defense (DOD) to submit to Congress recommendations on the advisability of authorizing FSAs for members of the Selected Reserve.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 791 Introduced in House (IH)]

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 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) 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 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 flexible 
spending 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 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 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(5) of title 37, United States Code.
    (c) Review of Applicability to Selected Reserve.--
            (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, 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 ``congressional defense committees'' has 
        the meaning given such term in section 101(a) of title 10, 
        United States Code.
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