[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2376 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2376
To ensure the parental guardianship rights of cadets and midshipmen
consistent with individual and academic responsibilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2021
Mr. Cruz (for himself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To ensure the parental guardianship rights of cadets and midshipmen
consistent with individual and academic responsibilities, 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 ``Candidates Afforded Dignity,
Equality and Training (CADET) Act of 2021''.
SEC. 2. PROHIBITION ON LIMITING OF CERTAIN PARENTAL GUARDIANSHIP RIGHTS
OF CADETS AND MIDSHIPMEN.
(a) In General.--The Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Transportation, in consultation
with the Secretaries of the military departments and the Superintendent
of each military service academy, as appropriate, shall prescribe in
regulations policies ensuring that the parental guardianship rights of
cadets and midshipmen are protected consistent with individual and
academic responsibilities.
(b) Protection of Parental Guardianship Rights.--The regulations
prescribed under subsection (a) shall provide that--
(1) a cadet or midshipman of a military service academy may
not be required to give up his or her parental guardianship
rights in the event of a pregnancy occurring after the
beginning of the cadet's or midshipman's first day of academic
courses;
(2) except as provided under subsection (c), military
service academy may not dis-enroll a cadet or midshipman who
becomes pregnant or fathers a child while enrolled at the
academy; and
(3) a cadet or midshipman who becomes pregnant while
enrolled at a military service academy shall be allowed to take
leave for up to one year and return to the academy to resume
classes afterward.
(c) Responsibilities of Parents Enrolled at Military Service
Academies.--The regulations prescribed under subsection (a) shall
require cadets and midshipmen with dependents to establish a family
care plan with appropriate academy leadership. The family care plan
shall include the following provisions:
(1) The care plan must include a full-time provider
responsible for the dependent who is not enrolled at the
military service academy, as another parent or guardian of the
dependent or a family member of the cadet or midshipman. The
full-time care provider must have either full power-of-attorney
authority or guardianship rights in order to prevent situations
where the cadet or midshipman is pulled away from his or her
duties and responsibilities at the military service academy.
The cadet or midshipman may not rely on base facilities or
child-care services, and must be able to function as any other
cadet, including residing in academy dormitories.
(2) Except as provided under subsection (d), the cadet or
midshipman may not receive additional benefits or concessions
from the military service academy on account of having a
dependent, such as money or time off.
(3) A cadet or midshipman with a dependent may not be
excused on account of such dependent from standard classes,
training, traveling, fitness requirements, or any other
responsibilities inherent to attending a military service
academy.
(4) If both parents of a dependent are cadets or
midshipmen, they must agree on the family care plan or face
expulsion (with no incurred obligations).
(d) Options for Pregnant Cadets and Midshipmen.--The regulations
prescribed under subsection (a) shall provide that females becoming
pregnant while enrolled at a military service academy shall have, at a
minimum, the following options:
(1) At the conclusion of the current semester or when
otherwise deemed medically appropriate, taking leave from the
military service academy for up to one year followed by a
return to full cadet or midshipman status.
(2) Full release from the military service academy and any
related obligations.
(3) Enlistment in active-duty service, with all of the
attendant benefits.
(e) Treatment of Males Fathering a Child While Enrolled at Military
Service Academies.--The regulations prescribed under subsection (a)
shall provide that males fathering a child while enrolled at a military
service academy--
(1) shall not be required to give up parental rights; and
(2) shall not acquire any benefits or leave considerations
as a result of fathering a child, except that--
(A) academy leadership shall establish policies to
allow cadets and midshipmen at least one week of leave
to attend the birth, which must be used in conjunction
with the birth; and
(B) in the event the male father becomes the sole
financial provider for a dependent, the academy shall
provide the father the same options available to a
cadet or midshipman who becomes a mother while
enrolled, including remaining enrolled in accordance
with a family care plan established pursuant to
subsection (c) or selecting one of the options outlined
in paragraphs (2) through (4) of subsection (d).
(f) Rule of Construction.--Nothing in this section shall be
construed as requiring or providing for the changing of admission
requirements at any of the military service academies.
SEC. 3. MILITARY SERVICE ACADEMY DEFINED.
In this Act, the term ``military service academy'' means the
following:
(1) The United States Military Academy, West Point, New
York.
(2) The United States Naval Academy, Annapolis, Maryland.
(3) The United States Air Force Academy, Colorado Springs,
Colorado.
(4) The United States Coast Guard Academy, New London,
Connecticut.
(5) The United States Merchant Marine Academy, Kings Point,
New York.
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