[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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