[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.''.
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