S.Amdt. 1551
What it does: Adds SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES at the end of subtitle D of title VI
Sen. Barbara Boxer (D-CA)What it changes
1 change to S. 1390 · shown in the bill's text
Adds SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES at the end of subtitle D of title VI
Adds a sectionIn S. 1390 · Placed on Calendar Senate
"(2) Continuation of incentives.--Nothing in paragraph (1) shall be construed to prohibit or limit the continuing provision to an individual after the date specified in that paragraph of an incentive first provided the individual under this section before that date.".
Inserted: SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES.
Inserted: (a) Flexible Spending Arrangements for the Uniformed Services.--
Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with respect to members of the Army, Navy, Marine Corps, and Air Force, the Secretary of Homeland Security, with respect to members of the Coast Guard, the Secretary of Health and Human Services, with respect to commissioned officers of the Public Health Service, and the Secretary of Commerce, with respect to commissioned officers of the National Oceanic and Atmospheric Administration, shall establish procedures to implement flexible spending arrangements with respect to basic pay under section 204 of title 37, United States Code, and compensation payable under section 206 of title 37, United States Code, 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.
Inserted: (2) Considerations.--In establishing the procedures required by paragraph (1), the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Commerce 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.
Inserted: (b) Deductions Not Prohibited for Enlisted Members.--Section 701(c) of title 37, United States Code, 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.
Inserted: (c) Review of Applicability to Selected Reserve.--Not later than November 1, 2009, the Secretary of Defense shall submit to the congressional defense committees recommendations on the advisability of authorizing flexible spending arrangements for members of the Selected Reserve.
Inserted: (d) Uniformed Services Defined.--In this section, the term "uniformed services" has the meaning given the term in section 101(a) of title 10, United States Code.
Original wording
At the end of subtitle D of title VI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1551. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES.
(a) Flexible Spending Arrangements for the Uniformed Services.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with respect to members of the Army, Navy, Marine Corps, and Air Force, the Secretary of Homeland Security, with respect to members of the Coast Guard, the Secretary of Health and Human Services, with respect to commissioned officers of the Public Health Service, and the Secretary of Commerce, with respect to commissioned officers of the National Oceanic and Atmospheric Administration, shall establish procedures to implement flexible spending arrangements with respect to basic pay under section 204 of title 37, United States Code, and compensation payable under section 206 of title 37, United States Code, 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) Considerations.--In establishing the procedures required by paragraph (1), the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Commerce 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 title 37, United States Code, 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.
(c) Review of Applicability to Selected Reserve.--Not later than November 1, 2009, the Secretary of Defense shall submit to the congressional defense committees recommendations on the advisability of authorizing flexible spending arrangements for members of the Selected Reserve.
(d) Uniformed Services Defined.--In this section, the term “uniformed services” has the meaning given the term in section 101(a) of title 10, United States Code.
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Senate amendment submitted
July 15, 2009