[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1571
To amend title 10, United States Code, to expand parental leave for
members of the Armed Forces, to reduce the service commitment required
for participation in the career intermission program of a military
department, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2021
Ms. Duckworth (for herself, Mr. Durbin, Mr. Van Hollen, Mrs. Murray,
Ms. Hirono, Mr. Blumenthal, and Mrs. Gillibrand) 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 expand parental leave for
members of the Armed Forces, to reduce the service commitment required
for participation in the career intermission program of a military
department, and for other purposes.
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 ``Servicemember Parental Leave Equity
Act''.
SEC. 2. EXPANSION OF PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Expansion.--Section 701 of title 10, United States Code, is
amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``twelve weeks'' and inserting ``18 weeks'';
(ii) in subparagraph (B), by striking ``six
weeks'' and inserting ``12 weeks''; and
(iii) by adding at the end the following
new subparagraph:
``(C) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in paragraph (2) who
is the primary caregiver in the case of a long-term placement of a
foster child is allowed up to 12 weeks of total leave to be used in
connection with such placement, subject to limits as determined by the
Secretary regarding--
``(i) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(ii) the frequency with which a member of the armed
forces may use leave under this section with respect to the
placement of a foster child.'';
(B) in paragraph (5), by striking ``birth or
adoption'' and inserting ``birth, adoption, or foster
child placement''; and
(C) in paragraph (6)(A), by striking ``birth or
adoption'' and inserting ``birth, adoption, or foster
child placement'';
(2) in subsection (j)--
(A) in paragraph (1), by striking ``21 days'' and
inserting ``12 weeks'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in subsection (i)(2)
who is the secondary caregiver in the case of a long-term placement of
a foster child is allowed up to 12 weeks of total leave to be used in
connection with such placement, subject to limits as determined by the
Secretary regarding--
``(A) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(B) the frequency with which a member of the armed forces
may use leave under this section with respect to the placement
of a foster child.'';
(D) in paragraph (4), as redesignated, by striking
``only in one increment in connection with such birth
or adoption'' and inserting ``in more than one
increment in connection with such birth, adoption, or
foster child placement in accordance with regulations
prescribed by the Secretary of Defense''; and
(E) by adding at the end the following new
paragraph (6):
``(6) Under regulations prescribed for purposes of this subsection,
the Secretary shall provide a member of the armed forces described in
subsection (i)(2), who would have been a secondary caregiver but for a
miscarriage, stillbirth, or infant death, with leave--
``(A) in addition to leave under subsection (a); and
``(B) not to exceed the amount of leave under paragraph
(1).'';
(3) in subsection (l), by inserting ``, ordered to
temporary duty overnight travel, or ordered to participate in
physically demanding field training exercises,'' before
``during''; and
(4) by adding at the end the following new subsection (m):
``(m) A member of the armed forces who gives birth while on active
duty may be required to meet body composition standards or pass a
physical fitness test during the period of 12 months beginning on the
date of such birth only with the approval of a health care provider
employed at a military medical treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined
by the Secretary of Defense.''.
(b) Regulations; Guidance and Policies.--
(1) Regulations.--The Secretary of Defense shall prescribe
regulations--
(A) for leave under subsection (i)(1)(C) and
subsection (j)(2) of section 701 of title 10, United
States Code, as amended by subsection (a), not later
than one year after the date of the enactment of this
Act;
(B) that establish leave, consistent across the
Armed Forces, under subsection (j)(6) of such section
not later than one year after the date of the enactment
of this Act; and
(C) that establish convalescent leave, consistent
across the Armed Forces, under subsection (i)(1) of
such section not later than 180 days after the date of
the enactment of this Act.
(2) Guidance and policies.--Each Secretary of a military
department shall prescribe--
(A) policies to establish the maximum amount of
leave under subsection (i)(1) of section 701 of title
10, United States Code, as amended by subsection (a),
not later than one year after the date of the enactment
of this Act;
(B) policies to implement leave under subsection
(i)(5) or (j)(4) of such section not later than 180
days after the date of the enactment of this Act;
(C) policies to implement not less than 21 days of
leave pursuant to regulations prescribed under
paragraphs (1) and (2) of subsection (j) of such
section not later than one year after the date of the
enactment of this Act; and
(D) policies to implement the maximum amount of
leave pursuant to regulations prescribed under
paragraphs (1) and (2) of subsection (j) of such
section not later than five years after the date of the
enactment of this Act.
(c) Reporting.--Not later than January 1, 2023, and annually
thereafter, each Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report including the following:
(1) A description of the use, during the preceding fiscal
year, of leave under subsections (i) and (j) of section 701 of
title 10, United States Code, as amended by subsection (a),
disaggregated by births, adoptions, and foster placements,
including--
(A) the number of members in each Armed Force under
the jurisdiction of the Secretary who became primary
caregivers;
(B) the number of members in each Armed Force under
the jurisdiction of the Secretary who became secondary
caregivers;
(C) the number of primary caregivers who used
primary caregiver leave;
(D) the number of secondary caregivers who used
secondary caregiver leave;
(E) the number of primary caregivers who used the
maximum amount of primary caregiver leave;
(F) the number of secondary caregivers who used the
maximum amount of secondary caregiver leave;
(G) the number of primary caregivers who utilized
primary caregiver leave in multiple increments;
(H) the number of secondary caregivers who utilized
primary caregiver leave in multiple increments;
(I) the median duration of primary caregiver leave
used by primary caregivers;
(J) the median duration of secondary caregiver
leave used by secondary caregivers; and
(K) other information the Secretary determines
appropriate.
(2) An analysis of the effect of leave described in
paragraph (1) on--
(A) readiness; and
(B) retention.
(3) A description of any actions taken by the Secretary to
mitigate negative effects described in paragraph (2).
(4) The number of members deployed under each paragraph of
subsection (l) of section 701 of title 10, United States Code,
as amended by subsection (a).
SEC. 3. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR PARTICIPATION IN
CAREER INTERMISSION PROGRAM OF A MILITARY DEPARTMENT.
Section 710(c)(3) of title 10, United States Code, is amended by
striking ``two months'' and inserting ``one month''.
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