[Congressional Record Volume 157, Number 36 (Thursday, March 10, 2011)]
[Senate]
[Pages S1549-S1550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BEGICH:
  S. 542. 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; to the Committee on Armed Services.
  Mr. BEGICH. Mr. President, today I am pleased to introduce the Space 
Available Equity Act.
  Members and retirees of the National Guard and Reserve, their 
families, and surviving military spouses make great sacrifices for our 
nation. However, too often these individuals do not receive the 
benefits they have earned for their service.
  In Alaska, the National Guard conducts more search and rescue 
missions in the most challenging terrain than any other state. They 
save lives every day in their state role and frequently deploy just 
like their active duty counter-parts. The demands on our reserve 
component have been higher than ever before. Yet members of the reserve 
components and ``gray area'' retirees, National Guardsman or Reservist 
eligible for retirement but under the age of 60, have limited travel 
privileges on Department of Defense aircraft under current regulation. 
Their space-available travel benefits are restricted to the continental 
United States and are not extended to their dependents, unlike active 
duty members and retirees.
  Surviving spouses of a military member eligible for retired pay 
retain no space-available travel privileges at all after the death of 
their spouse, despite having made a lifetime commitment to the military 
or in many cases, lost their loved one in war. In Alaska, we understand 
how important surviving spouses are. The Tragedy Assistance Program, or 
as it's more commonly known--TAPS, was founded in my State.
  To correct these inequities, I am re-introducing the National Guard, 
Reserve, ``Gray Area'' Retiree, and Surviving Spouse Space-available 
Travel Equity Act. This bill will give these deserving individuals 
comprehensive and equitable space-available travel privileges on 
Department of Defense aircraft. The bill is endorsed by the National 
Guard Association of the United States.
  I urge my colleagues to join me in giving parity to our reserve 
component members and surviving military spouses.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 542

       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 ``National Guard, Reserve, 
     ``Gray Area'' Retiree, and Surviving Spouses Space-available 
     Travel Equity Act of 2011''.

     SEC. 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:

     ``Sec. 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.

[[Page S1550]]

       ``(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.''.
                                 ______