[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2371. Mr. OSSOFF submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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, insert the following:

     SEC. __. 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.''.
                                 ______