I 

112TH CONGRESS 

2D SESSION H. R. 4164 

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. 

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 spaceavailable 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Space-Available Act 

5 of 2012’’. 


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1 SEC. 2. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS, 

2 RETIREES, GRAY AREA RETIREES, AND DE3 PENDENTS FOR SPACE-AVAILABLE TRAVEL 

4 ON MILITARY AIRCRAFT. 

5 (a) IN GENERAL.—Chapter 157 of title 10, United 

6 States Code, is amended by inserting after section 2641b 

7 the following new section: 

8 ‘‘§ 2641c. Space-available travel on department of de9 fense aircraft: eligibility 

10 ‘‘(a) AUTHORITY TO ESTABLISH BENEFIT PRO11 GRAM.—The Secretary of Defense may establish a pro12 gram to provide transportation on Department of Defense 

13 aircraft on a space-available basis. The program shall be 

14 conducted in a budget neutral manner. 

15 ‘‘(b) BENEFIT.—If the Secretary establishes such a 

16 program, the Secretary shall, subject to section (c), pro17 vide the benefit equally to the following individuals: 

18 ‘‘(1) Active duty members and members of the 

19 Selected Reserve holding a valid Uniformed Services 

20 Identification and Privilege Card. 

21 ‘‘(2) A retired member of an active or reserve 

22 component, including retired members of reserve 

23 components, who, but for being under the eligibility 

24 age applicable to the member under section 12731 

25 of this title, would be eligible for retired pay under 

26 chapter 1223 of this title. 


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1 ‘‘(3) An unremarried widow or widower of an 

2 active or reserve component member of the armed 

3 forces. 

4 ‘‘(4) A dependent that— 

5 ‘‘(A)(i) is the child of an active or reserve 

6 component member or former member described 

7 in paragraph (1) or (2); or 

8 ‘‘(ii) is the child of a deceased member en9 titled to retired pay holding a valid Uniformed 

10 Services Identification and Privilege Card and a 

11 surviving unremarried spouse; and 

12 ‘‘(B) is accompanying the member or, in 

13 the case of a deceased member, is the surviving 

14 unremarried spouse of the deceased member or 

15 is a dependent accompanying the surviving 

16 unremarried spouse of the deceased member. 

17 ‘‘(5) The surviving dependent of a deceased 

18 member or former member described in paragraph 

19 (2) holding a valid Uniformed Services Identification 

20 and Privilege Card, if the dependent is accom21 panying the member or, in the case of a deceased 

22 member, is the surviving unremarried spouse of the 

23 deceased member or is a dependent accompanying 

24 the surviving unremarried spouse of the deceased 

25 member. 


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1 ‘‘(6) Other such individuals as determined by 

2 the Secretary in the Secretary’s discretion. 

3 ‘‘(c) DISCRETION TO ESTABLISH PRIORITY

4 ORDER.—The Secretary, in establishing a program under 

5 this section, may establish an order of priority that is 

6 based on considerations of military needs and military 

7 readiness.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 2641b the following new 

11 item: 

‘‘2641c. Space-available travel on Department of Defense aircraft: eligibility.’’. 

Æ 


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