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