[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7514-S7515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4047. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title V, insert the following:

     SEC. 576. PROHIBITION ON LIMITING OF CERTAIN PARENTAL 
                   GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.

       (a) Prohibition.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Transportation, in 
     consultation

[[Page S7515]]

     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.
       (2) Protection of parental guardianship rights.--The 
     regulations prescribed under paragraph (1) shall provide 
     that--
       (A) 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;
       (B) except as provided under paragraph (3), military 
     service academy may not involuntarily disenroll a cadet or 
     midshipman who becomes pregnant or fathers a child while 
     enrolled at the academy; and
       (C) a cadet or midshipman who becomes pregnant while 
     enrolled at a military service academy shall be allowed to 
     take unpaid medical leave for up to one year and return to 
     the academy to resume classes afterward.
       (3) Responsibilities of parents enrolled at military 
     service academies.--The regulations prescribed under 
     paragraph (1) 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:
       (A) 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.
       (B) Except as provided under paragraphs (4) and (5)(B)(i), 
     the cadet or midshipman may not receive additional 
     compensation, benefits, or concessions from the military 
     service academy on account of having a dependent, to include 
     money, leave, or liberty. The dependent or dependents of the 
     midshipman or cadet is entitled any benefits and entitlements 
     provided by law or policy to dependents of members of the 
     Armed Forces.
       (C) 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.
       (D) 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.
       (E) If at any point the family care plan is no longer 
     viable or negatively interferes with the cadet or 
     midshipman's academic or training requirements, the cadet or 
     midshipman may apply for disenrollment.
       (4) Options for pregnant cadets and midshipmen.--The 
     regulations prescribed under paragraph (1) shall provide that 
     females becoming pregnant while enrolled at a military 
     service academy shall have, at a minimum, the following 
     options:
       (A) At the conclusion of the current semester or when 
     otherwise deemed medically appropriate, taking unpaid medical 
     leave from the military service academy for up to one year 
     followed by a return to full cadet or midshipman status (if 
     remaining otherwise qualified).
       (B) Seek a transfer to a university with a Reserve Officer 
     Training Program for military service under the military 
     department concerned.
       (C) Full release from the military service academy and any 
     service related obligations.
       (D) Enlistment in active-duty service, with all of the 
     attendant benefits.
       (5) Treatment of males fathering a child while enrolled at 
     military service academies.--The regulations prescribed under 
     paragraph (1) shall provide that males fathering a child 
     while enrolled at a military service academy--
       (A) shall not be required to give up parental rights; and
       (B) shall not acquire any benefits or leave considerations 
     as a result of fathering a child, except that--
       (i) 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
       (ii) 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 paragraph (3) or selecting one of the 
     options outlined in subparagraphs (B) and (C) of paragraph 
     (4).
       (b) 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.
       (c) Military Service Academy Defined.--In this section, 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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