[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 407 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 407

  To amend title 10, United States Code, to authorize space-available 
transportation on Department of Defense aircraft for an individual who 
   is a surviving spouse or dependent child of a member of the Armed 
Forces who died on active duty when that individual is traveling with a 
  relative of the deceased member who is otherwise eligible for such 
                    space-available transportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

  Mr. Pombo introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to authorize space-available 
transportation on Department of Defense aircraft for an individual who 
   is a surviving spouse or dependent child of a member of the Armed 
Forces who died on active duty when that individual is traveling with a 
  relative of the deceased member who is otherwise eligible for such 
                    space-available transportation.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Family Travel Extension Act 
of 2005''.

SEC. 2. TRANSPORTATION ON MILITARY AIRCRAFT ON A SPACE-AVAILABLE BASIS 
              FOR SURVIVING SPOUSES AND CHILDREN OF MEMBERS DYING ON 
              ACTIVE DUTY.

    (a) Availability of Transportation.--Chapter 157 of title 10, 
United States Code, is amended by inserting after section 2641a the 
following new section:
``Sec. 2641b. Space-available travel on Department of Defense aircraft: 
              surviving spouses and children of members who die on 
              active duty
    ``(a) Requirement.--The Secretary of Defense shall provide 
transportation on Department of Defense aircraft on a space-available 
basis for an individual who is the unremarried surviving spouse or the 
child of a member of the armed forces who died while on active duty in 
the same manner, and subject to the same terms and conditions, as apply 
to the spouse or a dependent child, respectively, of a member of the 
armed forces entitled to retired pay, except that for such purpose any 
requirement of the Secretary of Defense that transportation of a spouse 
or dependent child on a space-available basis be provided only if the 
spouse or dependent child is accompanied by the applicable sponsor 
shall be subject to subsection (b).
    ``(b) Travel With Sponsor.--For the purposes of subsection (a), an 
individual who is the parent, sibling, or child of a deceased member 
and who is otherwise eligible to be provided transportation by the 
Secretary of Defense on a space-available basis shall be treated, under 
regulations of the Department of Defense, as the sponsor of an 
individual covered by subsection (a).
    ``(c) Dependent.--In this section, the term `dependent child' means 
an individual who, under regulations of the Department of Defense, is 
eligible for transportation from the Department of Defense on a space-
available basis as the child (as defined in such regulations) of a 
member of the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2641a the following new item:

``2641b. Space-available travel on Department of Defense aircraft: 
                            surviving spouses and dependent children of 
                            members who die on active duty.''.
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