To amend title 10, United States Code, to authorize space-available transportation on Department of Defense aircraft for an individual who is a surviving spouse or dependent child of a member of the Armed Forces who died on active duty when that individual is traveling with a relative of the deceased member who is otherwise eligible for such space-available transportation.

January 26, 2005

Mr. POMBO introduced the following bill; which was referred to the Committee on Armed Services

To amend title 10, United States Code, to authorize space-available transportation on Department of Defense aircraft for an individual who is a surviving spouse or dependent child of a member of the Armed Forces who died on active duty when that individual is traveling with a relative of the deceased member who is otherwise eligible for such space-available transportation.

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 `Military Family Travel Extension Act of 2005'.

SEC. 2. TRANSPORTATION ON MILITARY AIRCRAFT ON A SPACE-AVAILABLE BASIS FOR SURVIVING SPOUSES AND CHILDREN OF MEMBERS DYING ON ACTIVE DUTY.

(a) Availability of Transportation- Chapter 157 of title 10, United States Code, is amended by inserting after section 2641a the following new section:

`Sec. 2641b. Space-available travel on Department of Defense aircraft: surviving spouses and children of members who die on active duty

`(a) Requirement- The Secretary of Defense shall provide transportation on Department of Defense aircraft on a space-available basis for an individual who is the unremarried surviving spouse or the child of a member of the armed forces who died while on active duty in the same manner, and subject to the same terms and conditions, as apply to the spouse or a dependent child, respectively, of a member of the armed forces entitled to retired pay, except that for such purpose any requirement of the Secretary of Defense that transportation of a spouse or dependent child on a space-available basis be provided only if the spouse or dependent child is accompanied by the applicable sponsor shall be subject to subsection (b).

`(b) Travel With Sponsor- For the purposes of subsection (a), an individual who is the parent, sibling, or child of a deceased member and who is otherwise eligible to be provided transportation by the Secretary of Defense on a space-available basis shall be treated, under regulations of the Department of Defense, as the sponsor of an individual covered by subsection (a).

`(c) Dependent- In this section, the term `dependent child' means an individual who, under regulations of the Department of Defense, is eligible for transportation from the Department of Defense on a space-available basis as the child (as defined in such regulations) of a member of the armed forces.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641a the following new item:

`2641b. Space-available travel on Department of Defense aircraft: surviving spouses and dependent children of members who die on active duty.'.

END