[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 166 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 166

To amend the Family and Medical Leave Act of 1993 to provide leave for 
    the spontaneous loss of an unborn child, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2023

 Mr. Cotton (for himself, Mr. Boozman, Mr. Budd, Mr. Cramer, Mrs. Hyde-
Smith, Mr. Scott of Florida, Mr. Vance, Mr. Wicker, Mr. Braun, and Mr. 
    Hoeven) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Family and Medical Leave Act of 1993 to provide leave for 
    the spontaneous loss of an unborn child, and for other purposes.

    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 ``Helping with Equal Access to Leave 
and Investing in Needs for Grieving Mothers and Fathers Act'' or the 
``HEALING Mothers and Fathers Act''.

SEC. 2. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD.

    (a) Definition of Spontaneous Loss of an Unborn Child.--Section 101 
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)) is 
amended--
            (1) by redesignating paragraphs (13) through (19) as 
        paragraphs (14) through (20), respectively;
            (2) by inserting after paragraph (12) the following:
            ``(13) Spontaneous loss of an unborn child.--The term 
        `spontaneous loss of an unborn child' means the loss of a child 
        in the womb that does not result from a purposeful act and is 
        unplanned.''; and
            (3) in paragraph (19)(B), as redesignated, by striking 
        ``paragraph (15)(B)'' and inserting ``paragraph (16)(B)''.
    (b) Entitlement to Leave.--Section 102(a)(1) of such Act (29 U.S.C. 
2612(a)(1)) is amended by adding at the end the following:
                    ``(G) Because of the spontaneous loss of an unborn 
                child of the employee or spouse of the employee.''.
    (c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the third sentence the following: 
``Subject to subsection (e)(4) and section 103(g), leave under 
subsection (a)(1)(G) may be taken intermittently or on a reduced leave 
schedule when medically necessary.''.
    (d) Substitution of Paid Leave.--Section 102(d)(2)(B) of such Act 
(29 U.S.C. 2612(d)(2)(B)) is amended in the first sentence by striking 
``(C) or (D)'' and inserting ``(C), (D), or (G)''.
    (e) Notice.--Section 102(c) of such Act (29 U.S.C. 2612(c)) is 
amended by adding at the end the following new paragraph:
            ``(4) Notice for leave due to spontaneous loss of an unborn 
        child.--For leave under subsection (a)(1)(G), the employee 
        shall provide such notice to the employer as is reasonable and 
        practicable.''.
    (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended--
            (1) in subsection (c)(1)--
                    (A) by inserting ``or subsection (g)(1) for leave 
                under section 102(a)(1)(G)'' after ``section 
                102(a)(1)''; and
                    (B) by striking ``under subsection (b) for such 
                leave'' and inserting ``under subsection (b) for leave 
                under subparagraph (C) or (D) of section 102(a)(1) or 
                subsection (g)(2) for leave under section 102(a)(1)(G), 
                respectively'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or subsection (g)(1)'' 
                        after ``under subsection (a)''; and
                            (ii) by inserting ``or subsection (g)(2), 
                        respectively'' after ``under subsection (b)''; 
                        and
                    (B) in paragraph (2), by inserting ``or subsection 
                (g)(2)'' after ``under subsection (b)''; and
            (3) by adding at the end the following:
    ``(g) Certification for Leave Due to Spontaneous Loss of an Unborn 
Child.--
            ``(1) In general.--An employer may require that a request 
        for leave under section 102(a)(1)(G) be supported by a 
        certification issued by the health care provider of the 
        eligible employee or of the spouse of the eligible employee, as 
        appropriate. The employee shall provide, in a timely manner, a 
        copy of such certification to the employer.
            ``(2) Sufficient certification.--Certification provided 
        under paragraph (1) shall be sufficient if it includes the 
        information described in paragraphs (1), (2), (3), and (5) of 
        subsection (b), with respect to spontaneous loss of an unborn 
        child or bodily side effects of that loss, as appropriate.''.

SEC. 3. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD, FOR CIVIL 
              SERVICE EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) by redesignating paragraphs (7) through (12) as 
        paragraphs (8) through (13), respectively;
            (2) by inserting after paragraph (6) the following:
            ``(7) the term `spontaneous loss of an unborn child' means 
        the loss of a child in the womb that does not result from a 
        purposeful act and is unplanned;''; and
            (3) in paragraph (12)(B), as redesignated, by striking 
        ``paragraph (8)(B)'' and inserting ``paragraph (9)(B)''.
    (b) Entitlement to Leave.--Section 6382(a)(1) of title 5, United 
States Code, is amended by adding at the end the following:
            ``(F) Because of the spontaneous loss of an unborn child of 
        the employee or spouse of the employee.''.
    (c) Schedule.--Section 6382(b)(1) of title 5, United States Code, 
is amended by inserting after the third sentence the following: 
``Subject to subsection (e)(4), and section 103(g), leave under 
subsection (a)(1)(G) may be taken intermittently or on a reduced leave 
schedule when medically necessary.''.
    (d) Substitution of Paid Leave.--Section 6382(d)(1) of title 5, 
United States Code, is amended in the first sentence by striking ``or 
(E)'' and inserting ``(E), or (F)''.
    (e) Notice.--Section 6382(e) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(4) For leave under subsection (a)(1)(F), the employee shall 
provide such notice to the employing agency as is reasonable and 
practicable.''.
    (f) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in subsection (c)(1)--
                    (A) by inserting ``or subsection (g)(1) for leave 
                under section 6382(a)(1)(F)'' after ``section 
                6382(a)(1)''; and
                    (B) by striking ``under subsection (b) for such 
                leave'' and inserting ``under subsection (b) for leave 
                under subparagraph (C) or (D) of section 6382(a)(1) or 
                subsection (g)(2) for leave under section 
                6382(a)(1)(F), respectively'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or subsection (g)(1)'' 
                        after ``under subsection (a)''; and
                            (ii) by inserting ``or subsection (g)(2), 
                        respectively'' after ``under subsection (b)''; 
                        and
                    (B) in paragraph (2), by inserting ``or subsection 
                (g)(2)'' after ``under subsection (b)''; and
            (3) by adding at the end the following:
    ``(g)(1) An employing agency may require that a request for leave 
under section 6382(a)(1)(F) be supported by a certification issued by 
the health care provider of the employee or of the spouse of the 
employee, as appropriate. The employee shall provide, in a timely 
manner, a copy of such certification to the employing agency.
    ``(2) Certification provided under paragraph (1) shall be 
sufficient if it includes the information described in paragraphs (1), 
(2), (3), and (5) of subsection (b), with respect to spontaneous loss 
of an unborn child or bodily side effects of that loss, as 
appropriate.''.

SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS WHO HAVE SUFFERED A 
              STILLBIRTH.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 36B the following new section:

``SEC. 36C. STILLBIRTHS.

    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an eligible individual, 
        there shall be allowed as a credit against the tax imposed by 
        this subtitle for the taxable year an amount equal to the 
        applicable amount.
            ``(2) Applicable amount.--For purposes of paragraph (1), 
        the applicable amount shall be equal to the dollar amount in 
        effect for such taxable year under subsection (a) of section 
        24.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means any individual--
            ``(1) who suffered during the taxable year the stillbirth 
        of a child who would have been a qualifying child of the 
        taxpayer (within the meaning of section 152) for the taxable 
        year if such child had been born live, and
            ``(2) for whom a certificate of birth resulting in 
        stillbirth has been issued under applicable State law.
    ``(c) Stillbirth.--For purposes of this section, the term 
`stillbirth' means the delivery of a child where there was a 
spontaneous death of the child, not induced by any purposeful act, 
before the complete delivery from the child's mother.
    ``(d) Identification Requirement.--
            ``(1) In general.--No credit shall be allowed under this 
        section to a taxpayer unless the taxpayer includes the social 
        security number of such taxpayer on the return of tax for the 
        taxable year. In the case of a joint return, the requirements 
        of this subsection shall be treated as met as long as 1 spouse 
        includes a social security number on the return of tax for the 
        taxable year.
            ``(2) Social security number.--For purposes of this 
        subsection, the term `social security number' means a social 
        security number issued to an individual by the Social Security 
        Administration, but only if the social security number is 
        issued--
                    ``(A) to a citizen of the United States or pursuant 
                to subclause (I) (or that portion of subclause (III) 
                that relates to subclause (I)) of section 
                205(c)(2)(B)(i) of the Social Security Act, and
                    ``(B) before the due date for such return.''.
    (b) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 36B the following new 
item:

``Sec. 36C. Stillbirths.''.
    (c) Conforming Amendments.--
            (1) Section 6211(b)(4)(A) of such Code is amended by 
        inserting ``36C,'' after ``36B,''.
            (2) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``, 36C'' after ``36B''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 5. PROHIBITION OF FUNDING FAMILY PLANNING PROVIDERS THAT OFFER 
              ABORTION SERVICES.

    Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is 
amended by adding at the end the following:

``SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABORTION.

    ``The Secretary shall not provide any assistance under this title 
to an entity unless the entity certifies that, during the period of 
such assistance, the entity will not--
            ``(1) perform an abortion, or provide funding to any other 
        entity that performs abortions; or
            ``(2) refer patients to an abortion provider.''.
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