II 112th CONGRESS 1st Session S. 1768 IN THE SENATE OF THE UNITED STATES October 31, 2011 Mr. Begich (for himself, Mr. Casey, Mr. Graham, Mr. Grassley, Ms. Klobuchar, Mr. Leahy, Ms. Murkowski, Mr. Pryor, Ms. Snowe, and Mr. Tester) introduced the following bill; which was read twice and 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 National Guard, Reserve, Gray Area Retiree, and Surviving Spouses Space-available Travel Equity Act of 2011.

2.

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

(a)

Eligibility

(1)

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: reserve members, reserve members eligible for retired pay but for age; widows and widowers of retired members; and dependents

(a)

Reserve members

A member of a reserve component holding a valid Uniformed Services Identification and Privilege Card shall be provided transportation on Department of Defense aircraft, on a space-available basis. (b)

Reserve retirees under applicable eligibility age

A member or former member of a reserve component who, but for being under the eligibility age applicable to the member under section 12731 of this title, otherwise would be eligible for retired pay under chapter 1223 of this title shall be provided transportation on Department of Defense aircraft, on a space-available basis. (c)

Widows and widowers of retired members

(1)

In general

An unremarried widow or widower of a member of the armed forces described in paragraph (2) shall be provided transportation on Department of Defense aircraft, on a space-available basis. (2)

Members covered

A member of the armed forces referred to in paragraph (1) is a member who— (A)is entitled to retired pay; (B)is described in subsection (b); (C)dies in the line of duty while on active duty and is not eligible for retired pay; or (D)in the case of a member of a reserve component, dies as a result of a line of duty condition and is not eligible for retired pay. (d)

Dependents

A dependent of a member or former member described in subsection (a) or (b) or of an unremarried widow or widower described in subsection (c) holding a valid Uniformed Services Identification and Privilege Card shall be provided transportation on Department of Defense aircraft, on a space-available basis, if the dependent is accompanying the member. (e)

Scope

Space-available travel required by this section includes travel to and from locations within and outside the continental United States. (f)

Definition of dependent

In this section, the term dependent has the meaning given that term in section 1072 of this title.

. (2)

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: reserve members, reserve members eligible for retired pay but for age; widows and widowers of retired members; and dependents. . (b)

Regulations

The Secretary of Defense shall prescribe regulations to implement section 2641c of title 10, United States Code, as added by subsection (a).