What This Bill Does
This bill amends federal leave laws to allow workers to take time off for the spontaneous loss of an unborn child. It also creates a tax credit for individuals who experience a stillbirth and restricts federal funding to family planning providers that perform or fund abortions.
##
Who It Affects
- Private sector employees covered by the Family and Medical Leave Act
- Federal civil service employees
- Individuals filing federal income taxes who experience a stillbirth
- Family planning organizations receiving federal Title X funding
##
Key Provisions
- Employees and their spouses can take leave for the spontaneous loss of an unborn child, which the bill defines as the loss of a child in the womb that does not result from a purposeful act and is unplanned (Sec. 2(a), Sec. 3(a))
- Employees can take this leave intermittently or on a reduced schedule when medically necessary (Sec. 2(c), Sec. 3(c))
- Employers may require medical certification from a healthcare provider to support a leave request (Sec. 2(f), Sec. 3(f))
- Employees must provide notice to their employer that is reasonable and practicable under the circumstances (Sec. 2(e), Sec. 3(e))
- Individuals who experience a stillbirth can claim a refundable tax credit equal to the amount used for the child tax credit in that year, if a state-issued certificate of birth resulting in stillbirth exists (Sec. 4(a))
- Federal family planning providers must certify they will not perform abortions, provide funding for abortions, or refer patients to abortion providers to receive federal Title X assistance (Sec. 5)
##
What Changes
If this bill becomes law, the Family and Medical Leave Act and federal civil service leave rules will recognize spontaneous loss of an unborn child as a qualifying reason for protected leave. Employees will be able to take time off without fear of losing their jobs. Individuals who experience a stillbirth can claim a tax credit on their federal income tax return. Family planning organizations receiving federal Title X funds must meet new certification requirements regarding abortion services.
##
Important Definitions
- "Spontaneous loss of an unborn child": The loss of a child in the womb that does not result from a purposeful act and is unplanned (Sec. 2(a), Sec. 3(a))
- "Stillbirth": 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 (Sec. 4(a))
##
Effective Date
The tax credit provisions apply to taxable years beginning after the date of enactment (Sec. 4(d)). Not specified in bill text for the leave provisions.
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Helping with Equal
4
Access to Leave and Investing in Needs for Grieving
5
Mothers and Fathers Act’’ or the ‘‘HEALING Mothers
6
and Fathers Act’’.
7
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•S 166 IS
SEC. 2. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN
1
CHILD.
2
(a) DEFINITION OF SPONTANEOUS LOSS OF AN UN-
3
BORN CHILD.—Section 101 of the Family and Medical
4
Leave Act of 1993 (29 U.S.C. 2611)) is amended—
5
(1) by redesignating paragraphs (13) through
6
(19) as paragraphs (14) through (20), respectively;
7
(2) by inserting after paragraph (12) the fol-
8
lowing:
9
‘‘(13) SPONTANEOUS
LOSS
OF
AN
UNBORN
10
CHILD.—The term ‘spontaneous loss of an unborn
11
child’ means the loss of a child in the womb that
12
does not result from a purposeful act and is un-
13
planned.’’; and
14
(3) in paragraph (19)(B), as redesignated, by
15
striking ‘‘paragraph (15)(B)’’ and inserting ‘‘para-
16
graph (16)(B)’’.
17
(b) ENTITLEMENT TO LEAVE.—Section 102(a)(1) of
18
such Act (29 U.S.C. 2612(a)(1)) is amended by adding
19
at the end the following:
20
‘‘(G) Because of the spontaneous loss of an
21
unborn child of the employee or spouse of the
22
employee.’’.
23
(c) SCHEDULE.—Section 102(b)(1) of such Act (29
24
U.S.C. 2612(b)(1)) is amended by inserting after the third
25
sentence the following: ‘‘Subject to subsection (e)(4) and
26
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•S 166 IS
section 103(g), leave under subsection (a)(1)(G) may be
1
taken intermittently or on a reduced leave schedule when
2
medically necessary.’’.
3
(d)
SUBSTITUTION
OF
PAID
LEAVE.—Section
4
102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is
5
amended in the first sentence by striking ‘‘(C) or (D)’’
6
and inserting ‘‘(C), (D), or (G)’’.
7
(e) NOTICE.—Section 102(c) of such Act (29 U.S.C.
8
2612(c)) is amended by adding at the end the following
9
new paragraph:
10
‘‘(4) NOTICE
FOR
LEAVE
DUE
TO
SPONTA-
11
NEOUS
LOSS
OF
AN
UNBORN
CHILD.—For leave
12
under subsection (a)(1)(G), the employee shall pro-
13
vide such notice to the employer as is reasonable and
14
practicable.’’.
15
(f) CERTIFICATION.—Section 103 of such Act (29
16
U.S.C. 2613) is amended—
17
(1) in subsection (c)(1)—
18
(A) by inserting ‘‘or subsection (g)(1) for
19
leave under section 102(a)(1)(G)’’ after ‘‘sec-
20
tion 102(a)(1)’’; and
21
(B) by striking ‘‘under subsection (b) for
22
such leave’’ and inserting ‘‘under subsection (b)
23
for leave under subparagraph (C) or (D) of sec-
24
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•S 166 IS
tion 102(a)(1) or subsection (g)(2) for leave
1
under section 102(a)(1)(G), respectively’’;
2
(2) in subsection (d)—
3
(A) in paragraph (1)—
4
(i) by inserting ‘‘or subsection (g)(1)’’
5
after ‘‘under subsection (a)’’; and
6
(ii) by inserting ‘‘or subsection (g)(2),
7
respectively’’ after ‘‘under subsection (b)’’;
8
and
9
(B) in paragraph (2), by inserting ‘‘or sub-
10
section (g)(2)’’ after ‘‘under subsection (b)’’;
11
and
12
(3) by adding at the end the following:
13
‘‘(g) CERTIFICATION FOR LEAVE DUE TO SPONTA-
14
NEOUS LOSS OF AN UNBORN CHILD.—
15
‘‘(1) IN GENERAL.—An employer may require
16
that a request for leave under section 102(a)(1)(G)
17
be supported by a certification issued by the health
18
care provider of the eligible employee or of the
19
spouse of the eligible employee, as appropriate. The
20
employee shall provide, in a timely manner, a copy
21
of such certification to the employer.
22
‘‘(2)
SUFFICIENT
CERTIFICATION.—Certifi-
23
cation provided under paragraph (1) shall be suffi-
24
cient if it includes the information described in para-
25
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•S 166 IS
graphs (1), (2), (3), and (5) of subsection (b), with
1
respect to spontaneous loss of an unborn child or
2
bodily side effects of that loss, as appropriate.’’.
3
SEC. 3. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN
4
CHILD, FOR CIVIL SERVICE EMPLOYEES.
5
(a) DEFINITIONS.—Section 6381 of title 5, United
6
States Code, is amended—
7
(1) by redesignating paragraphs (7) through
8
(12) as paragraphs (8) through (13), respectively;
9
(2) by inserting after paragraph (6) the fol-
10
lowing:
11
‘‘(7) the term ‘spontaneous loss of an unborn
12
child’ means the loss of a child in the womb that
13
does not result from a purposeful act and is un-
14
planned;’’; and
15
(3) in paragraph (12)(B), as redesignated, by
16
striking ‘‘paragraph (8)(B)’’ and inserting ‘‘para-
17
graph (9)(B)’’.
18
(b) ENTITLEMENT TO LEAVE.—Section 6382(a)(1)
19
of title 5, United States Code, is amended by adding at
20
the end the following:
21
‘‘(F) Because of the spontaneous loss of an un-
22
born child of the employee or spouse of the em-
23
ployee.’’.
24
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•S 166 IS
(c) SCHEDULE.—Section 6382(b)(1) of title 5,
1
United States Code, is amended by inserting after the
2
third sentence the following: ‘‘Subject to subsection (e)(4),
3
and section 103(g), leave under subsection (a)(1)(G) may
4
be taken intermittently or on a reduced leave schedule
5
when medically necessary.’’.
6
(d)
SUBSTITUTION
OF
PAID
LEAVE.—Section
7
6382(d)(1) of title 5, United States Code, is amended in
8
the first sentence by striking ‘‘or (E)’’ and inserting ‘‘(E),
9
or (F)’’.
10
(e) NOTICE.—Section 6382(e) of title 5, United
11
States Code, is amended by adding at the end the fol-
12
lowing:
13
‘‘(4) For leave under subsection (a)(1)(F), the em-
14
ployee shall provide such notice to the employing agency
15
as is reasonable and practicable.’’.
16
(f) CERTIFICATION.—Section 6383 of title 5, United
17
States Code, is amended—
18
(1) in subsection (c)(1)—
19
(A) by inserting ‘‘or subsection (g)(1) for
20
leave under section 6382(a)(1)(F)’’ after ‘‘sec-
21
tion 6382(a)(1)’’; and
22
(B) by striking ‘‘under subsection (b) for
23
such leave’’ and inserting ‘‘under subsection (b)
24
for leave under subparagraph (C) or (D) of sec-
25
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•S 166 IS
tion 6382(a)(1) or subsection (g)(2) for leave
1
under section 6382(a)(1)(F), respectively’’;
2
(2) in subsection (d)—
3
(A) in paragraph (1)—
4
(i) by inserting ‘‘or subsection (g)(1)’’
5
after ‘‘under subsection (a)’’; and
6
(ii) by inserting ‘‘or subsection (g)(2),
7
respectively’’ after ‘‘under subsection (b)’’;
8
and
9
(B) in paragraph (2), by inserting ‘‘or sub-
10
section (g)(2)’’ after ‘‘under subsection (b)’’;
11
and
12
(3) by adding at the end the following:
13
‘‘(g)(1) An employing agency may require that a re-
14
quest for leave under section 6382(a)(1)(F) be supported
15
by a certification issued by the health care provider of the
16
employee or of the spouse of the employee, as appropriate.
17
The employee shall provide, in a timely manner, a copy
18
of such certification to the employing agency.
19
‘‘(2) Certification provided under paragraph (1) shall
20
be sufficient if it includes the information described in
21
paragraphs (1), (2), (3), and (5) of subsection (b), with
22
respect to spontaneous loss of an unborn child or bodily
23
side effects of that loss, as appropriate.’’.
24
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•S 166 IS
SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS
1
WHO HAVE SUFFERED A STILLBIRTH.
2
(a) IN GENERAL.—Subpart C of part IV of sub-
3
chapter A of chapter 1 of the Internal Revenue Code of
4
1986 is amended by inserting after section 36B the fol-
5
lowing new section:
6
‘‘SEC. 36C. STILLBIRTHS.
7
‘‘(a) ALLOWANCE OF CREDIT.—
8
‘‘(1) IN GENERAL.—In the case of an eligible
9
individual, there shall be allowed as a credit against
10
the tax imposed by this subtitle for the taxable year
11
an amount equal to the applicable amount.
12
‘‘(2) APPLICABLE AMOUNT.—For purposes of
13
paragraph (1), the applicable amount shall be equal
14
to the dollar amount in effect for such taxable year
15
under subsection (a) of section 24.
16
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this
17
section, the term ‘eligible individual’ means any indi-
18
vidual—
19
‘‘(1) who suffered during the taxable year the
20
stillbirth of a child who would have been a qualifying
21
child of the taxpayer (within the meaning of section
22
152) for the taxable year if such child had been born
23
live, and
24
‘‘(2) for whom a certificate of birth resulting in
25
stillbirth has been issued under applicable State law.
26
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•S 166 IS
‘‘(c) STILLBIRTH.—For purposes of this section, the
1
term ‘stillbirth’ means the delivery of a child where there
2
was a spontaneous death of the child, not induced by any
3
purposeful act, before the complete delivery from the
4
child’s mother.
5
‘‘(d) IDENTIFICATION REQUIREMENT.—
6
‘‘(1) IN GENERAL.—No credit shall be allowed
7
under this section to a taxpayer unless the taxpayer
8
includes the social security number of such taxpayer
9
on the return of tax for the taxable year. In the case
10
of a joint return, the requirements of this subsection
11
shall be treated as met as long as 1 spouse includes
12
a social security number on the return of tax for the
13
taxable year.
14
‘‘(2) SOCIAL
SECURITY
NUMBER.—For pur-
15
poses of this subsection, the term ‘social security
16
number’ means a social security number issued to an
17
individual by the Social Security Administration, but
18
only if the social security number is issued—
19
‘‘(A) to a citizen of the United States or
20
pursuant to subclause (I) (or that portion of
21
subclause (III) that relates to subclause (I)) of
22
section 205(c)(2)(B)(i) of the Social Security
23
Act, and
24
‘‘(B) before the due date for such return.’’.
25
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•S 166 IS
(b) CLERICAL AMENDMENT.—The table of sections
1
for subpart C of part IV of subchapter A of chapter 1
2
of such Code is amended by inserting after the item relat-
3
ing to section 36B the following new item:
4
‘‘Sec. 36C. Stillbirths.’’.
(c) CONFORMING AMENDMENTS.—
5
(1) Section 6211(b)(4)(A) of such Code is
6
amended by inserting ‘‘36C,’’ after ‘‘36B,’’.
7
(2) Paragraph (2) of section 1324(b) of title
8
31, United States Code, is amended by inserting ‘‘,
9
36C’’ after ‘‘36B’’.
10
(d) EFFECTIVE DATE.—The amendments made by
11
this section shall apply to taxable years beginning after
12
the date of the enactment of this Act.
13
SEC. 5. PROHIBITION OF FUNDING FAMILY PLANNING PRO-
14
VIDERS THAT OFFER ABORTION SERVICES.
15
Title X of the Public Health Service Act (42 U.S.C.
16
300 et seq.) is amended by adding at the end the fol-
17
lowing:
18
‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR-
19
TION.
20
‘‘The Secretary shall not provide any assistance
21
under this title to an entity unless the entity certifies that,
22
during the period of such assistance, the entity will not—
23
‘‘(1) perform an abortion, or provide funding to
24
any other entity that performs abortions; or
25
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•S 166 IS
‘‘(2) refer patients to an abortion provider.’’.
1
Æ
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