I 112th CONGRESS 2d Session H. R. 4164 IN THE HOUSE OF REPRESENTATIVES March 7, 2012 Mr. Young of Alaska (for himself and Mr. Loebsack) 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 travel on military aircraft for members of the reserve components, a member or former member of a reserve component who is eligible for retired pay but for age, widows and widowers of retired members, and dependents.

1.

Short title

This Act may be cited as the Space-Available Act of 2012.

2.

Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft

(a)

In general

Chapter 157 of title 10, United States Code, is amended by inserting after section 2641b the following new section:

2641c.

Space-available travel on department of defense aircraft: eligibility

(a)

Authority To establish benefit program

The Secretary of Defense may establish a program to provide transportation on Department of Defense aircraft on a space-available basis. The program shall be conducted in a budget neutral manner. (b)

Benefit

If the Secretary establishes such a program, the Secretary shall, subject to section (c), provide the benefit equally to the following individuals: (1)Active duty members and members of the Selected Reserve holding a valid Uniformed Services Identification and Privilege Card. (2)A retired member of an active or reserve component, including retired members of reserve components, who, but for being under the eligibility age applicable to the member under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title. (3)An unremarried widow or widower of an active or reserve component member of the armed forces. (4)A dependent that— (A)(i)is the child of an active or reserve component member or former member described in paragraph (1) or (2); or (ii)is the child of a deceased member entitled to retired pay holding a valid Uniformed Services Identification and Privilege Card and a surviving unremarried spouse; and (B)is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member. (5)The surviving dependent of a deceased member or former member described in paragraph (2) holding a valid Uniformed Services Identification and Privilege Card, if the dependent is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member. (6)Other such individuals as determined by the Secretary in the Secretary's discretion. (c)

Discretion To establish priority order

The Secretary, in establishing a program under this section, may establish an order of priority that is based on considerations of military needs and military readiness.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641b the following new item: 2641c. Space-available travel on Department of Defense aircraft: eligibility. .