II 112th CONGRESS 1st Session S. 542 IN THE SENATE OF THE UNITED STATES March 10, 2011 Mr. Begich 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

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, on the same basis as active duty members of the uniformed services under any other provision of law or Department of Defense regulation. (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, on the same basis as members of the armed forces entitled to retired pay under any other provision of law or Department of Defense regulation. (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, on the same basis as members of the armed forces entitled to retired pay under any other provision of law or Department of Defense regulation. (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)dies in line of duty while on active duty and is not eligible for retired pay; or (C)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 either subsections (a) or (b) or of a deceased member entitled to retired pay holding a valid Uniformed Services Identification and Privilege Card and a surviving unremarried spouse and the surviving dependent of a deceased member or former member described in subsection (b) 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 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. (e)

Definition of dependent

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

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