II 

112TH CONGRESS 

2D SESSION S. 2112 

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 SENATE OF THE UNITED STATES 

FEBRUARY 15, 2012 

Mr. BEGICH (for himself, Mr. GRAHAM, Mr. BROWN of Massachusetts, Mr. 

MANCHIN, Ms. MURKOWSKI, Mr. LEAHY, Ms. SNOWE, Ms. AYOTTE, Mrs. 

GILLIBRAND, Mr. TESTER, Mr. UDALL of New Mexico, Ms. KLOBUCHAR, 

Mr. NELSON of Nebraska, Mr. AKAKA, Mr. CASEY, Mr. PRYOR, and Mr. 

GRASSLEY) 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 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 of 2012’’. 

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

5 RETIREES, GRAY AREA RETIREES, AND DE6 PENDENTS FOR SPACE-AVAILABLE TRAVEL 

7 ON MILITARY AIRCRAFT. 

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

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

10 the following new section: 

11 ‘‘§ 2641c. Space-available travel on department of de12 fense aircraft: eligibility 

13 ‘‘(a) AUTHORITY TO ESTABLISH BENEFIT PRO14 GRAM.—The Secretary of Defense may establish a pro15 gram to provide transportation on Department of Defense 

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

17 conducted in a budget neutral manner. 

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

19 program, the Secretary shall, subject to section (c), pro20 vide the benefit equally to the following individuals: 

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

22 Selected Reserve holding a valid Uniformed Services 

23 Identification and Privilege Card. 

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

25 component, including retired members of reserve 

26 components, who, but for being under the eligibility 


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1 age applicable to the member under section 12731 

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

3 chapter 1223 of this title. 

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

5 active or reserve component member of the armed 

6 forces. 

7 ‘‘(4) A dependent that— 

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

9 component member or former member described 

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

11 ‘‘(ii) is the child of a deceased member en12 titled to retired pay holding a valid Uniformed 

13 Services Identification and Privilege Card and a 

14 surviving unremarried spouse; and 

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

16 the case of a deceased member, is the surviving 

17 unremarried spouse of the deceased member or 

18 is a dependent accompanying the surviving 

19 unremarried spouse of the deceased member. 

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

21 member or former member described in paragraph 

22 (2) holding a valid Uniformed Services Identification 

23 and Privilege Card, if the dependent is accom24 panying the member or, in the case of a deceased 

25 member, is the surviving unremarried spouse of the 


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1 deceased member or is a dependent accompanying 

2 the surviving unremarried spouse of the deceased 

3 member. 

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

5 the Secretary in the Secretary’s discretion. 

6 ‘‘(c) DISCRETION TO ESTABLISH PRIORITY

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

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

9 based on considerations of military needs and military 

10 readiness.’’. 

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

12 at the beginning of such chapter is amended by inserting 

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

14 item: 

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

Æ 


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