Requires the Secretary of Defense to identify and pay each woman who was so discharged or separated between June 12, 1948, and February 23, 1976, an amount equal to the total pay and allowances that would have been due had such person not been involuntarily discharged.
Directs the Secretary of Education to provide for the discharge or cancellation of the Federal student loan indebtedness of an offspring who was the cause of such a woman's discharge or separation.
Makes health benefits provided as a result of military service available to such women and offspring.
Requires the Secretary of Defense to establish a single standard discharge code for such women.
Expresses the sense of Congress that the Secretary of Defense should establish policies to encourage such women to continue to serve the Nation.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5447 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5447
To express the remorse of Congress for the policy of the Department of
Defense in effect until 1976 providing for involuntary separation of
female members of the Armed Forces who became pregnant while in service
and to take certain steps to make amends for the effects of that
policy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2002
Ms. McKinney introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To express the remorse of Congress for the policy of the Department of
Defense in effect until 1976 providing for involuntary separation of
female members of the Armed Forces who became pregnant while in service
and to take certain steps to make amends for the effects of that
policy.
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 ``Women Discharged From the Military
Due to Pregnancy Relief Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized the
appointment and enlistment of women in the regular components
of the United States Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members of
the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily discharge a woman if she became pregnant, gave
birth to a child, or became a parent by adoption or a
stepparent.
(4) The Armed Forces responded to the Executive Order by
systematically discharging any woman in the Armed Forces who
became pregnant, regardless of whether the pregnancy was
intentional, unintentional, or the result of sexual abuse.
(5) Although the Armed Forces were required to offer women
who were involuntarily discharged due to pregnancy the
opportunity to request retention in the military, many of the
women who were involuntarily discharged were not offered such
opportunity.
(6) The Armed Forces did not provide required separation
benefits, counseling, or assistance to the service women who
were discharged due to pregnancy.
(7) It is documented that as many as 7,000 service women
were involuntarily discharged from the Armed Forces as a result
of pregnancy.
(8) There are reports that the practice of the Armed Forces
to systematically discharge pregnant women from the service
caused some women to seek abortions (illegal at the time) or to
put their children up for adoption, and that, in some cases,
some women committed suicide as a result of their involuntary
discharge from the Armed Forces.
(9) Such involuntary discharge from the Armed Forces on the
basis of pregnancy was challenged in Federal district court by
Stephanie Crawford in 1975, whose legal argument stated that
the practice of this type of discharge violated her
constitutional right to due process of law.
(10) The United States Court of Appeals for the Second
Circuit ruled in Stephanie Crawford's favor in 1976 and found
that the Executive Order and any regulations within the Armed
Forces that made discharge from the military services mandatory
due to pregnancy were unconstitutional.
(11) By 1976, all regulations that permitted discharge of a
servicewoman from the Armed Forces because of pregnancy or any
form of parenthood had been rescinded.
SEC. 3. EXPRESSION OF CONGRESSIONAL REMORSE FOR POLICY OF INVOLUNTARY
DISCHARGES DUE TO PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the women
who served in the United States Armed Forces before February 23, 1976,
and who were involuntarily discharged due to pregnancy should not have
been involuntarily discharged due to the physical status of pregnancy.
(b) Expression of Remorse.--Congress hereby expresses deep remorse
for the women who patriotically served in the Armed Forces, but were
forced, by official United States policy, to endure unnecessary and
discriminatory actions, including the violation of their constitutional
right to due process of law, simply because they became pregnant while
a member of the Armed Forces.
SEC. 4. PAYMENT OF PAY AND ALLOWANCES NOT PAID BY REASON OF INVOLUNTARY
DISCHARGE DUE TO PREGNANCY.
(a) Determination of Eligible Persons.--The Secretary of Defense
shall identify each woman who was involuntarily discharged or separated
from the Armed Forces due to pregnancy during the period beginning on
June 12, 1948 (the date of the enactment of the Women's Armed Services
Integration Act of 1948), and ending on February 23, 1976.
(b) Payment of Missed Pay and Allowances.--
(1) Enlisted members.--The Secretary of Defense shall pay
to each woman identified under subsection (a) (or to the estate
of such woman, if deceased) who was an enlisted member of the
Armed Forces at the time of her involuntary discharge an amount
equal to the total amount of pay and allowances that the
Secretary estimates would have been paid to the woman during
the remainder of her term of enlistment or period of obligated
service (if any) had she not been involuntarily discharged due
to pregnancy.
(2) Officers.--The Secretary of Defense shall pay to each
woman identified under subsection (a) (or to the estate of such
woman, if deceased) who was an officer in the Armed Forces at
the time of her involuntary separation an amount equal to the
total amount of pay and allowances that the Secretary estimates
would have been paid to the woman during a period of active
duty beginning on the date of her involuntary separation and
ending on the earlier of the following:
(A) The completion of five additional years of
service on active duty.
(B) The date on which she would have completed a
period of active duty equal to her service in the Armed
Forces before her involuntary separataion.
(3) Adjustment.--Each amount determined under this
subsection shall be adjusted for inflation, as determined by
the Secretary of the Treasury, to the date of the payment.
SEC. 5. LOAN FORGIVENESS FOR CERTAIN STUDENT LOANS.
(a) Definitions.--For purposes of this section:
(1) Eligible offspring.--The term ``eligible offspring''
means any child of an eligible person under section 4(a) that
is determined, in accordance with regulations prescribed by the
Secretary, to be the offspring of such person from the
pregnancy that was the cause of such person's discharge or
separation from the Armed Forces. For purposes of this
definition, it does not matter whether the child was raised by
the eligible person or adopted and raised by another person.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) Federal student loan.--The term ``Federal student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965,
regardless of whether the loan was made, insured, or guaranteed
under such part before the date of the enactment of this Act or
is made, insured, or guaranteed under such part on or after
such date.
(b) In General.--The Secretary shall provide for the discharge or
cancellation of the Federal student loan indebtedness of an eligible
offspring in the same manner as is required by sections 437(a),
455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20
U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be.
(c) Facilitation of Claims.--The Secretary shall--
(1) by regulation, establish procedures for the filing of
applications for discharge or cancellation under this section,
which regulations shall be prescribed and published within 30
days after the date of enactment of this Act and without regard
to the requirements of section 553 of title 5, United States
Code; and
(2) take such actions as may be necessary to publicize the
availability of discharge or cancellation of Federal student
loan indebtedness for eligible offspring under this section.
(d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of individuals described in
subsection (a)(1) of this section shall be available for making
payments under section 437(a) as required by this section.
(e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher
Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the
regulations required by this section.
SEC. 6. HEALTH BENEFITS.
Health benefits shall be available under section 1086 of title 10,
United States Code, to eligible persons described in section 4(a) and
eligible offspring as defined by section 5(a) in the same manner as
health benefits are available under such section 1086 for persons
covered by subsection (c) of that section.
SEC. 7. STANDARD FORM OF DISCHARGE FOR WOMEN VETERANS INVOLUNTARILY
DISCHARGED DUE TO PREGNANCY.
The Secretary of Defense shall establish a standard discharge code
(including a discharge ``cause'' reenlistment code and other related
information) for women veterans who were involuntarily discharged from
the Armed Forces due to pregnancy between 1951 and 1976. Such discharge
code shall provide a single, uniform discharge code, applicable to each
of the Armed Forces, indicating that the discharge was an involuntary
discharge due to pregnancy. The Secretary shall develop a means by
which each such involuntarily discharged female veteran may apply to
the Secretary to have that veteran's discharge documents revised to
reflect the new standard discharge code. The Secretary shall promptly
issue revised discharge documents to each female veteran submitting
such an application who the Secretary determines is eligible for such
revised documents.
SEC. 8. SENSE OF CONGRESS CONCERNING CONTINUED SERVICE TO THE NATION.
It is the sense of Congress that the Secretary of Defense should
establish policies to encourage women veterans who before 1976 were
involuntarily discharged from the Armed Forces due to pregnancy to
continue to serve the Nation.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on 21st Century Competitiveness.
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