Military Families Support Act

Chapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section:

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.

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.

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.

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).

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

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.

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).

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.

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.

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.

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.

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: