S.Amdt. 4047

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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