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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4491 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4491

 To amend title 10, United States Code, to provide for an operational 
                  and training deferment for parents.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2024

  Mr. Ossoff introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to provide for an operational 
                  and training deferment for parents.

    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 ``Military Families Support Act''.

SEC. 2. OPERATIONAL AND TRAINING DEFERMENT FOR PARENTS.

    (a) In General.--Chapter 39 of title 10, United States Code, is 
amended by inserting after section 674 the following new section:
``Sec. 675. Operational and training deferment for parents
    ``(a) In General.--A member of the Armed Forces who physically 
gives birth to a child (in this section referred to as a `birthparent') 
shall receive a deferment, for a period of 365 days beginning on the 
date of the birth of the child, from all continuous duty events that 
are in excess of 1 normal duty day or shift, including from the 
following:
            ``(1) Deployment.
            ``(2) Mobilization.
            ``(3) Field training.
            ``(4) Combat Training Center program rotations.
            ``(5) Collective training events away from the permanent 
        duty station of the member.
            ``(6) Pre-mobilization training.
            ``(7) Unit training assembly away from the permanent duty 
        station of the member.
            ``(8) Temporary duty.
    ``(b) Adoptions.--
            ``(1) In general.--A member of the Armed Forces who adopts 
        a minor child or has a minor child placed with the member long 
        term shall receive a deferment described in subsection (a) for 
        a period of 365 days beginning on the date of the adoption or 
        placement.
            ``(2) Stepparent or sibling adoptions.--Paragraph (1) does 
        not apply in the case of the adoption of a child by, or 
        placement of a child with, a stepparent or sibling of the 
        child.
            ``(3) Surrogacy.--If a member of the Armed Forces uses a 
        surrogate to bear a child, and the member becomes the legal 
        parent or guardian of the child, the member shall be treated as 
        adopting the child for purposes of paragraph (1).
    ``(c) Non-Birthparents.--A member of the Armed Forces who is not 
the birthparent of a child shall receive a deferment described in 
subsection (a) if the deferment--
            ``(1) is necessary to ensure that at least one parent is 
        home with the child for a period of 365 days beginning on the 
        date of the birth of the child; and
            ``(2) is approved by the special court-martial convening 
        authority of the member specified in section 823.
    ``(d) Dual-Military Parents.--A member of the Armed Forces who is 
the birthparent of a child and is married to or co-parenting with 
another member of the Armed Forces may transfer all or part of the 365-
day deferment period under subsection (a) to the spouse or co-parent.
    ``(e) Fertility Treatments.--
            ``(1) In general.--A member of the Armed Forces who 
        receives, or whose spouse receives, a referral from a 
        gynecologic surgeon or obstetrician to a healthcare provider 
        with credentials in fertility treatment shall receive a 
        deferment described in subsection (a) for a period of 365 days 
        beginning on the date of the first appointment of the member or 
        spouse, as applicable, with the healthcare provider.
            ``(2) Extensions.--A member described in paragraph (1) who 
        receives, or whose spouse receives, assisted reproductive 
        technology procedures is eligible for an extension of the 
        deferment period described in subsection (a) for not more than 
        an additional 365 days.
            ``(3) Conditions.--
                    ``(A) Members assigned outside continental united 
                states.--A member assigned to a duty location outside 
                the continental United States who requests a deferment 
                under paragraph (1) shall also request an extension of 
                the assignment of the member to that duty location if 
                the deferment period would otherwise exceed the term of 
                the assignment.
                    ``(B) Members who have received relocation 
                orders.--A member who has orders for a temporary or 
                permanent change of station pending--
                            ``(i) is not eligible for a deferment under 
                        paragraph (1); and
                            ``(ii) may be eligible for an extension 
                        under paragraph (2).
                    ``(C) Voluntary early termination of deferment.--A 
                member who receives a deferment under paragraph (1) or 
                an extension of such a deferment under paragraph (2) 
                may elect to end the deferment of the member before the 
                expiration of the deferment.
    ``(f) Members in Deployment Deferment Status.--A member of the 
Armed Forces who is in a deployment deferment status on the date of the 
birth, adoption, or other event qualifying the member for a deferment 
under this section shall have the deployment deferment status of the 
member extended to a date that is not later than 365 days after the 
date of the birth, adoption, or other event, unless the member is 
eligible for an extension.
    ``(g) Waivers of Deferment Period.--At any time, a member of the 
Armed Forces who receives a deferment under this section may waive any 
portion of the 365-day deferment period without ending the period 
early.
    ``(h) Reserves.--Other than any rescheduled or excused absences 
relating to approved parental leave, this section does not exempt a 
member of a reserve component from attending--
            ``(1) a unit training assembly at the permanent duty 
        station of the member;
            ``(2) a medical readiness appointment; or
            ``(3) annual training within commuting distance of the 
        permanent duty station of the member.
    ``(i) Extensions.--
            ``(1) In general.--In accordance with prevailing medical 
        guidance, a member of the Armed Forces who is still lactating 
        after the end of the 365-day deferment period described in 
        subsection (a) may be granted an extension of the deferment 
        period and be excused from the following:
                    ``(A) Deployment.
                    ``(B) Mobilization.
                    ``(C) Combat Training Center program rotations.
                    ``(D) Any training events where lactation 
                accommodations cannot be provided as described in 
                subsection (j).
            ``(2) Term of extensions.--Extensions under paragraph (1) 
        for a member shall be granted in 90-day increments for such 
        period as the member is lactating, for up to 730 days after the 
        date of the birth of the child of the member.
            ``(3) Verification.--The commander of a member seeking an 
        extension under paragraph (1) may verify that the member is 
        lactating through a healthcare provider of the member.
            ``(4) Other duty.--This subsection does not excuse a member 
        described in paragraph (1) from any duty away from the 
        permanent duty station of the member other than duty described 
        in that paragraph and where lactation accommodations can be 
        provided as described in subsection (j).
    ``(j) Lactation Accommodations.--
            ``(1) In general.--The commander of a member who is 
        lactating shall provide the member with lactation breaks and a 
        designated lactation area, without regard to the amount of time 
        that has elapsed after the birth of the child of the member or 
        whether the child is beginning to eat solid foods.
            ``(2) Lactation breaks.--The commander of a member who is 
        lactating shall--
                    ``(A) ensure that the member has adequate time to 
                express milk and shall be aware that, in determining 
                how much time is adequate, each member's situation is 
                unique; and
                    ``(B) allow lactation breaks not less frequently 
                than every 3 hours and for not less than 30 minutes for 
                each break.
            ``(3) Lactation areas.--The commander of a member who is 
        lactating shall designate a private space, other than a 
        restroom, for the member to breastfeed or express milk that 
        includes the following:
                    ``(A) Locking capabilities.
                    ``(B) A place to sit.
                    ``(C) A flat surface (other than the floor) to 
                place the pump on.
                    ``(D) An electrical outlet.
                    ``(E) A refrigerator to store expressed milk.
                    ``(F) Access to a safe water source within 
                reasonable distance from the lactation area.
    ``(k) Waiver of Deferments for War or National Emergency.--In time 
of war or during a national emergency declared by Congress or the 
President, the Secretary of Defense may waive the requirements of this 
section and terminate any deferments granted under this section before 
the declaration of the war or national emergency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 39 of such title is amended by inserting after the item 
relating to section 674 the following new item:

``675. Operational and training deferment for parents.''.
                                 <all>
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