II 

117TH CONGRESS 

1ST SESSION S. 2390 

To allow Americans to receive paid leave time to process and address their 

own health needs and the health needs of their partners during the 

period following a pregnancy loss, an unsuccessful round of intrauterine 

insemination or of an assisted reproductive technology procedure, a failed 

adoption arrangement, a failed surrogacy arrangement, or a diagnosis 

or event that impacts pregnancy or fertility, to support related research 

and education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2021 

Ms. DUCKWORTH (for herself, Mrs. GILLIBRAND, Mr. BLUMENTHAL, and Ms. 

BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To allow Americans to receive paid leave time to process 

and address their own health needs and the health needs 

of their partners during the period following a pregnancy 

loss, an unsuccessful round of intrauterine insemination 

or of an assisted reproductive technology procedure, a 

failed adoption arrangement, a failed surrogacy arrangement, or a diagnosis or event that impacts pregnancy 

or fertility, to support related research and education, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Support Through Loss 

3 Act’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to allow individuals in the United States to 

7 receive supplementary paid leave time to process and 

8 address their own health needs and the health needs 

9 of their partners during the period following a preg10 nancy loss, an unsuccessful round of intrauterine in11 semination or of an assisted reproductive technology 

12 procedure, a failed adoption arrangement, a failed 

13 surrogacy arrangement, or a diagnosis or event that 

14 impacts pregnancy or fertility; and 

15 (2) to support related research or education. 

16 TITLE I—PAID LEAVE 

17 FOLLOWING A PREGNANCY LOSS 

18 SEC. 101. DEFINITIONS. 

19 In this title: 

20 (1) ASSISTED REPRODUCTIVE TECHNOLOGY

21 PROCEDURE.—The term ‘‘assisted reproductive tech22 nology procedure’’ has the meaning given the term 

23 ‘‘assisted reproductive technology’’ in section 8 of 

24 the Fertility Clinic Success Rate and Certification 

25 Act of 1992 (42 U.S.C. 263a–7). 


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1 (2) DOMESTIC PARTNER.—The term ‘‘domestic 

2 partner’’, used with respect to an unmarried em3 ployee, includes— 

4 (A) the person recognized as the domestic 

5 partner of the employee under any domestic 

6 partnership or civil union law of a State or po7 litical subdivision of a State; and 

8 (B) an unmarried, adult person who is in 

9 a committed, personal relationship with the em10 ployee, who is not a domestic partner as de11 scribed in subparagraph (A) to or in such a re12 lationship with any other person, and who is 

13 designated to the employee’s employer by such 

14 employee as that employee’s domestic partner. 

15 (3) EMPLOYEE.—The term ‘‘employee’’ means 

16 an individual who is— 

17 (A)(i) an employee, as defined in section 

18 3(e) of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 203(e)), who is not covered under 

20 subparagraph (E), except that a reference in 

21 such section to an employer shall be considered 

22 to be a reference to an employer described in 

23 clauses (i)(I) and (ii) of paragraph (4)(A); or 

24 (ii) an employee of the Government Ac25 countability Office; 


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1 (B) a State employee described in section 

2 304(a) of the Government Employee Rights Act 

3 of 1991 (42 U.S.C. 2000e–16c(a)); 

4 (C) a covered employee, as defined in sec5 tion 101 of the Congressional Accountability 

6 Act of 1995 (2 U.S.C. 1301), other than an ap7 plicant for employment; 

8 (D) a covered employee, as defined in sec9 tion 411(c) of title 3, United States Code, other 

10 than an applicant for employment; or 

11 (E) a Federal officer or employee covered 

12 under subchapter V of chapter 63 of title 5, 

13 United States Code. 

14 (4) EMPLOYER.— 

15 (A) IN GENERAL.—The term ‘‘employer’’ 

16 means a person who is— 

17 (i)(I) a covered employer, as defined 

18 in subparagraph (B), who is not covered 

19 under subclause (V); 

20 (II) an entity employing a State em21 ployee described in section 304(a) of the 

22 Government Employee Rights Act of 1991; 

23 (III) an employing office, as defined 

24 in section 101 of the Congressional Ac25 countability Act of 1995; 


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1 (IV) an employing office, as defined in 

2 section 411(c) of title 3, United States 

3 Code; or 

4 (V) an employing agency covered 

5 under subchapter V of chapter 63 of title 

6 5, United States Code; and 

7 (ii) engaged in commerce (including 

8 government), or an industry or activity af9 fecting commerce (including government), 

10 as defined in subparagraph (B)(iii). 

11 (B) COVERED EMPLOYER.— 

12 (i) IN GENERAL.—In subparagraph 

13 (A)(i)(I), the term ‘‘covered employer’’— 

14 (I) means any person engaged in 

15 commerce or in any industry or activ16 ity affecting commerce who employs 5 

17 or more employees for each working 

18 day during each of 20 or more cal19 endar workweeks in the current or 

20 preceding year; 

21 (II) includes— 

22 (aa) any person who acts, 

23 directly or indirectly, in the inter24 est of an employer to any of the 

25 employees of such employer; and 


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1 (bb) any successor in inter2 est of an employer; 

3 (III) includes any ‘‘public agen4 cy’’, as defined in section 3(x) of the 

5 Fair Labor Standards Act of 1938 

6 (29 U.S.C. 203(x)); and 

7 (IV) includes the Government 

8 Accountability Office. 

9 (ii) PUBLIC AGENCY.—For purposes 

10 of clause (i)(III), a public agency shall be 

11 considered to be a person engaged in com12 merce or in an industry or activity affect13 ing commerce. 

14 (iii) DEFINITIONS.—For purposes of 

15 this subparagraph: 

16 (I) COMMERCE.—The terms 

17 ‘‘commerce’’ and ‘‘industry or activity 

18 affecting commerce’’ mean any activ19 ity, business, or industry in commerce 

20 or in which a labor dispute would 

21 hinder or obstruct commerce or the 

22 free flow of commerce, and include 

23 ‘‘commerce’’ and any ‘‘industry affect24 ing commerce’’, as defined in para25 graphs (1) and (3) of section 501 of 


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1 the Labor Management Relations Act, 

2 1947 (29 U.S.C. 142 (1) and (3)). 

3 (II) EMPLOYEE.—The term ‘‘em4 ployee’’ has the same meaning given 

5 such term in section 3(e) of the Fair 

6 Labor Standards Act of 1938 (29 

7 U.S.C. 203(e)). 

8 (III) PERSON.—The term ‘‘per9 son’’ has the same meaning given 

10 such term in section 3(a) of the Fair 

11 Labor Standards Act of 1938 (29 

12 U.S.C. 203(a)). 

13 (C) PREDECESSORS.—Any reference in 

14 this paragraph to an employer shall include a 

15 reference to any predecessor of such employer. 

16 (5) EMPLOYMENT BENEFITS.—The term ‘‘em17 ployment benefits’’ means all benefits provided or 

18 made available to employees by an employer, includ19 ing group life insurance, health insurance, disability 

20 insurance, sick leave, annual leave, educational bene21 fits, and pensions, regardless of whether such bene22 fits are provided by a practice or written policy of 

23 an employer or through an ‘‘employee benefit plan’’, 

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1 ment Income Security Act of 1974 (29 U.S.C. 

2 1002(3)). 

3 (6) PAID LEAVE TIME.—The term ‘‘paid leave 

4 time’’ means an increment of compensated leave that 

5 can be granted to an employee for use during an ab6 sence from employment for any reason described in 

7 section 102(b). 

8 (7) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Labor. 

10 (8) SPOUSE.—The term ‘‘spouse’’, with respect 

11 to an employee, has the meaning given such term by 

12 the marriage laws of the State in which the mar13 riage was celebrated. 

14 (9) STATE.—The term ‘‘State’’ has the mean15 ing given the term in section 3 of the Fair Labor 

16 Standards Act of 1938 (29 U.S.C. 203). 

17 (10) UNPAID LEAVE TIME.—The term ‘‘unpaid 

18 leave time’’ means the leave granted and used in the 

19 same manner and under the same conditions as paid 

20 leave time for the purposes of this title, except that 

21 no compensation shall be paid. 

22 SEC. 102. PAID LEAVE TIME. 

23 (a) GRANTING LEAVE TIME.— 

24 (1) IN GENERAL.—An employer shall grant to 

25 each employee employed by the employer, 24 hours 


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1 of paid leave time on the employee’s first workday 

2 of each calendar year. The employee shall use the 

3 paid leave time as needed during that calendar year 

4 for reasons described in subsection (b). 

5 (2) CARRYOVER.—Paid leave time granted 

6 under this section shall not carry over from 1 year 

7 to the next. 

8 (3) EMPLOYERS WITH EXISTING POLICIES.— 

9 Any employer with a paid leave policy who makes 

10 available an amount of paid leave that is sufficient 

11 to meet the requirements of this section and that is 

12 made available for all stated reasons and under all 

13 stated conditions that are the same as the reasons 

14 and conditions outlined in subsection (b) shall not be 

15 required to grant an employee additional paid leave 

16 time under this section. 

17 (4) CONSTRUCTION.—Nothing in this section 

18 shall be construed as requiring financial or other re19 imbursement to an employee from an employer upon 

20 the employee’s termination, resignation, retirement, 

21 or other separation from employment for granted 

22 paid leave time that has not been used. 

23 (5) PROHIBITION.—An employer may not re24 quire, as a condition of providing paid leave time 

25 under this title, that the employee involved search 


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1 for or find a replacement employee to cover the 

2 hours during which the employee is using paid leave 

3 time. 

4 (b) USES.—Paid leave time granted under this sec5 tion may be used by an employee for either of the fol6 lowing: 

7 (1) An absence resulting from— 

8 (A) a pregnancy loss; 

9 (B) an unsuccessful round of intrauterine 

10 insemination or of an assisted reproductive 

11 technology procedure; 

12 (C) a failed adoption match or an adoption 

13 that is not finalized because it is contested by 

14 another party; 

15 (D) a failed surrogacy arrangement; or 

16 (E) a diagnosis or event that impacts preg17 nancy or fertility. 

18 (2) An absence to care for a spouse or domestic 

19 partner who experiences a circumstance described in 

20 paragraph (1). 

21 (c) PROCEDURES.—Paid leave time shall be provided 

22 upon the oral or written request of an employee. Such re23 quest shall— 

24 (1) include the expected duration of the period 

25 of such time; and 


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1 (2) be provided as soon as practicable after the 

2 employee is aware of the need for such period. 

3 SEC. 103. NOTICE REQUIREMENT. 

4 (a) IN GENERAL.—Each employer shall notify each 

5 employee and include in any employee handbook the infor6 mation described in paragraphs (1) through (3). Each em7 ployer shall post and keep posted a notice, to be prepared 

8 or approved in accordance with procedures specified in 

9 regulations prescribed under section 110, setting forth ex10 cerpts from, or summaries of, the pertinent provisions of 

11 this title including— 

12 (1) information describing paid leave time avail13 able to employees under this title; 

14 (2) information pertaining to the filing of an 

15 action under this title; and 

16 (3) information that describes— 

17 (A) the protections that an employee has 

18 in exercising rights under this title; and 

19 (B) how the employee can contact the Sec20 retary (or other appropriate authority as de21 scribed in section 105) if any of the rights are 

22 violated. 

23 (b) LOCATION.—The notice described under sub24 section (a) shall be posted— 


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1 (1) in conspicuous places on the premises of the 

2 employer, where notices to employees (including ap3 plicants) are customarily posted; or 

4 (2) in employee handbooks. 

5 (c) VIOLATION; PENALTY.—Any employer who will6 fully violates the posting requirements of this section shall 

7 be subject to a civil fine in an amount not to exceed $100 

8 for each separate offense. 

9 SEC. 104. PROHIBITED ACTS. 

10 (a) INTERFERENCE WITH RIGHTS.— 

11 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

12 for any employer to interfere with, restrain, or deny 

13 the exercise of, or the attempt to exercise, any right 

14 provided under this title, including— 

15 (A) discharging or discriminating against 

16 (including retaliating against) any individual, 

17 including a job applicant, for exercising, or at18 tempting to exercise, any right provided under 

19 this title; 

20 (B) using the taking of paid leave time or 

21 unpaid leave time under this title as a negative 

22 factor in an employment action, such as hiring, 

23 promotion, reducing hours or number of shifts, 

24 or a disciplinary action; or 


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1 (C) counting the paid leave time or unpaid 

2 leave time under a no-fault attendance policy or 

3 any other absence control policy. 

4 (2) DISCRIMINATION.—It shall be unlawful for 

5 any employer to discharge or in any other manner 

6 discriminate against (including retaliating against) 

7 any individual, including a job applicant, for oppos8 ing any practice made unlawful by this title. 

9 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR10 IES.—It shall be unlawful for any person to discharge or 

11 in any other manner discriminate against (including retali12 ating against) any individual, including a job applicant, 

13 because such individual— 

14 (1) has filed an action, or has instituted or 

15 caused to be instituted any proceeding, under or re16 lated to this title; 

17 (2) has given, or is about to give, any informa18 tion in connection with any inquiry or proceeding re19 lating to any right provided under this title; or 

20 (3) has testified, or is about to testify, in any 

21 inquiry or proceeding relating to any right provided 

22 under this title. 

23 (c) CONSTRUCTION.—Nothing in this section shall be 

24 construed to state or imply that the scope of the activities 

25 prohibited by section 105 of the Family and Medical Leave 


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1 Act of 1993 (29 U.S.C. 2615) or the Civil Rights Act of 

2 1964 (42 U.S.C. 2000a et seq.) is less than the scope of 

3 the activities prohibited by this section or is otherwise al4 tered by the activities prohibited by this section. 

5 SEC. 105. ENFORCEMENT AUTHORITY. 

6 (a) IN GENERAL.— 

7 (1) DEFINITION.—In this subsection— 

8 (A) the term ‘‘employee’’ means an em9 ployee described in subparagraph (A) or (B) of 

10 section 101(3); and 

11 (B) the term ‘‘employer’’ means an em12 ployer described in subclause (I) or (II) of sec13 tion 101(4)(A)(i). 

14 (2) INVESTIGATIVE AUTHORITY.— 

15 (A) IN GENERAL.—To ensure compliance 

16 with the provisions of this title, or any regula17 tion or order issued under this title, the Sec18 retary shall have, subject to subparagraph (C), 

19 the investigative authority provided under sec20 tion 11(a) of the Fair Labor Standards Act of 

21 1938 (29 U.S.C. 211(a)), with respect to em22 ployers, employees, and other individuals af23 fected. 

24 (B) OBLIGATION TO KEEP AND PRESERVE

25 RECORDS.—An employer shall make, keep, and 


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1 preserve records pertaining to compliance with 

2 this title in accordance with section 11(c) of the 

3 Fair Labor Standards Act of 1938 (29 U.S.C. 

4 211(c)) and in accordance with regulations pre5 scribed by the Secretary. 

6 (C) REQUIRED SUBMISSIONS GENERALLY

7 LIMITED TO AN ANNUAL BASIS.—The Secretary 

8 shall not require, under the authority of this 

9 paragraph, an employer to submit to the Sec10 retary any books or records more than once 

11 during any 12-month period, unless the Sec12 retary has reasonable cause to believe there 

13 may exist a violation of this title or any regula14 tion or order issued pursuant to this title, or is 

15 investigating a charge pursuant to paragraph 

16 (4). 

17 (D) SUBPOENA AUTHORITY.—For the pur18 poses of any investigation provided for in this 

19 paragraph, the Secretary shall have the sub20 poena authority provided for under section 9 of 

21 the Fair Labor Standards Act of 1938 (29 

22 U.S.C. 209). 

23 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID24 UALS.— 


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1 (A) RIGHT OF ACTION.—An action to re2 cover the damages or equitable relief prescribed 

3 in subparagraph (B) may be maintained 

4 against any employer in any Federal or State 

5 court of competent jurisdiction by one or more 

6 employees or individuals or their representative 

7 for and on behalf of— 

8 (i) the employees or individuals; or 

9 (ii) the employees or individuals and 

10 others similarly situated. 

11 (B) LIABILITY.—Any employer who vio12 lates section 104 (including a violation relating 

13 to rights provided under section 102) shall be 

14 liable to any employee or individual affected— 

15 (i) for damages equal to— 

16 (I) the amount of— 

17 (aa) any wages, salary, em18 ployment benefits, or other com19 pensation denied or lost by rea20 son of the violation; or 

21 (bb) in a case in which 

22 wages, salary, employment bene23 fits, or other compensation have 

24 not been denied or lost, any ac25 tual monetary losses sustained as 


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1 a direct result of the violation up 

2 to a sum equal to 24 hours of 

3 wages or salary for the employee 

4 or individual; 

5 (II) the interest on the amount 

6 described in subclause (I) calculated 

7 at the prevailing rate; and 

8 (III) an additional amount as liq9 uidated damages; and 

10 (ii) for such equitable relief as may be 

11 appropriate, including employment, rein12 statement, and promotion. 

13 (C) FEES AND COSTS.—The court in an 

14 action under this paragraph shall, in addition to 

15 any judgment awarded to the plaintiff, allow a 

16 reasonable attorney’s fee, reasonable expert wit17 ness fees, and other costs of the action to be 

18 paid by the defendant. 

19 (4) ACTION BY THE SECRETARY.— 

20 (A) ADMINISTRATIVE ACTION.—The Sec21 retary shall receive, investigate, and attempt to 

22 resolve complaints of violations of section 104 

23 (including a violation relating to rights provided 

24 under section 102) in the same manner that the 

25 Secretary receives, investigates, and attempts to 


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1 resolve complaints of violations of sections 6 

2 and 7 of the Fair Labor Standards Act of 1938 

3 (29 U.S.C. 206 and 207). 

4 (B) CIVIL ACTION.—The Secretary may 

5 bring an action in any court of competent juris6 diction to recover the damages described in 

7 paragraph (3)(B)(i). 

8 (C) SUMS RECOVERED.—Any sums recov9 ered by the Secretary pursuant to subparagraph 

10 (B) shall be held in a special deposit account 

11 and shall be paid, on order of the Secretary, di12 rectly to each employee or individual affected. 

13 Any such sums not paid to an employee or indi14 vidual affected because of inability to do so 

15 within a period of 3 years shall be deposited 

16 into the Treasury of the United States as mis17 cellaneous receipts. 

18 (5) LIMITATION.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), an action may be brought 

21 under paragraph (3), (4), or (6) not later than 

22 2 years after the date of the last event consti23 tuting the alleged violation for which the action 

24 is brought. 


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1 (B) WILLFUL VIOLATION.—In the case of 

2 an action brought for a willful violation of sec3 tion 104 (including a willful violation relating to 

4 rights provided under section 102), such action 

5 may be brought within 3 years of the date of 

6 the last event constituting the alleged violation 

7 for which such action is brought. 

8 (C) COMMENCEMENT.—In determining 

9 when an action is commenced under paragraph 

10 (3), (4), or (6) for the purposes of this para11 graph, it shall be considered to be commenced 

12 on the date when the complaint is filed. 

13 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

14 The district courts of the United States shall have 

15 jurisdiction, for cause shown, in an action brought 

16 by the Secretary— 

17 (A) to restrain violations of section 104 

18 (including a violation relating to rights provided 

19 under section 102), including the restraint of 

20 any withholding of payment of wages, salary, 

21 employment benefits, or other compensation, 

22 plus interest, found by the court to be due to 

23 employees or individuals eligible under this title; 

24 or 


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1 (B) to award such other equitable relief as 

2 may be appropriate, including employment, re3 instatement, and promotion. 

4 (7) SOLICITOR OF LABOR.—The Solicitor of 

5 Labor may appear for and represent the Secretary 

6 on any litigation brought under paragraph (4) or 

7 (6). 

8 (8) GOVERNMENT ACCOUNTABILITY OFFICE.— 

9 Notwithstanding any other provision of this sub10 section, in the case of the Government Account11 ability Office, the authority of the Secretary of 

12 Labor under this subsection shall be exercised by the 

13 Comptroller General of the United States. 

14 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC15 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

16 procedures provided in the Congressional Accountability 

17 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de18 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

19 person, alleging a violation of section 202(a)(1) of that 

20 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

21 and procedures this title provides to that Board, or any 

22 person, alleging an unlawful employment practice in viola23 tion of this title against an employee described in section 

24 101(3)(C). 


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1 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

2 3, UNITED STATES CODE.—The powers, remedies, and 

3 procedures provided in chapter 5 of title 3, United States 

4 Code, to the President, the Merit Systems Protection 

5 Board, or any person, alleging a violation of section 

6 412(a)(1) of that title, shall be the powers, remedies, and 

7 procedures this title provides to the President, that Board, 

8 or any person, respectively, alleging an unlawful employ9 ment practice in violation of this title against an employee 

10 described in section 101(3)(D). 

11 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

12 5, UNITED STATES CODE.—The powers, remedies, and 

13 procedures provided in title 5, United States Code, to an 

14 employing agency, provided in chapter 12 of that title to 

15 the Merit Systems Protection Board, or provided in that 

16 title to any person, alleging a violation of chapter 63 of 

17 that title, shall be the powers, remedies, and procedures 

18 this title provides to that agency, that Board, or any per19 son, respectively, alleging an unlawful employment prac20 tice in violation of this title against an employee described 

21 in section 101(3)(E). 

22 (e) REMEDIES FOR STATE EMPLOYEES.— 

23 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

24 State’s receipt or use of Federal financial assistance 

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1 stitute a waiver of sovereign immunity, under the 

2 11th Amendment to the Constitution or otherwise, 

3 to a suit brought by an employee of that program 

4 or activity under this title for equitable, legal, or 

5 other relief authorized under this title. 

6 (2) OFFICIAL CAPACITY.—An official of a State 

7 may be sued in the official capacity of the official by 

8 any employee who has complied with the procedures 

9 under subsection (a)(3), for injunctive relief that is 

10 authorized under this title. In such a suit the court 

11 may award to the prevailing party those costs au12 thorized by section 722 of the Revised Statutes (42 

13 U.S.C. 1988). 

14 (3) APPLICABILITY.—With respect to a par15 ticular program or activity, paragraph (1) applies to 

16 conduct occurring on or after the day, after the date 

17 of enactment of this title, on which a State first re18 ceives or uses Federal financial assistance for that 

19 program or activity. 

20 (4) DEFINITION OF PROGRAM OR ACTIVITY.—In 

21 this subsection, the term ‘‘program or activity’’ has 

22 the meaning given the term in section 606 of the 

23 Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 


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1 SEC. 106. AUTHORIZATION OF APPROPRIATIONS FOR EDU2 CATION AND OUTREACH. 

3 There is authorized to be appropriated to the Sec4 retary of Labor such sums as may be necessary in order 

5 that the Secretary may conduct a public awareness cam6 paign to educate and inform the public of the require7 ments for paid leave time required by this title. 

8 SEC. 107. EFFECT ON OTHER LAWS. 

9 (a) FEDERAL AND STATE ANTIDISCRIMINATION

10 LAWS.—Nothing in this title shall be construed to modify 

11 or affect any Federal or State law prohibiting discrimina12 tion on the basis of race, religion, color, national origin, 

13 sex, age, or disability. 

14 (b) FEDERAL, STATE, AND LOCAL LAWS.—Nothing 

15 in this title shall be construed to supersede (including pre16 empting) any provision of any Federal, State, or local law 

17 that provides greater paid or unpaid family or medical 

18 leave rights than the rights established under this title. 

19 SEC. 108. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

20 (a) MORE PROTECTIVE.—Nothing in this title shall 

21 be construed to diminish the obligation of an employer to 

22 comply with any contract, collective bargaining agreement, 

23 or any employment benefit program or plan that provides 

24 greater paid leave or other leave rights to employees or 

25 individuals than the rights established under this title. 


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1 (b) LESS PROTECTIVE.—The rights established for 

2 employees under this title shall not be diminished by any 

3 contract, collective bargaining agreement, or any employ4 ment benefit program or plan. 

5 SEC. 109. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

6 POLICIES. 

7 Nothing in this title shall be construed to discourage 

8 employers from adopting or retaining leave policies more 

9 generous than policies that comply with the requirements 

10 of this title. 

11 SEC. 110. REGULATIONS. 

12 (a) IN GENERAL.— 

13 (1) AUTHORITY.—Except as provided in para14 graph (2), not later than 180 days after the date of 

15 enactment of this title, the Secretary shall prescribe 

16 such regulations as are necessary to carry out this 

17 title with respect to employees described in subpara18 graph (A) or (B) of section 101(3) and other indi19 viduals affected by employers described in subclause 

20 (I) or (II) of section 101(4)(A)(i). 

21 (2) GOVERNMENT ACCOUNTABILITY OFFICE.— 

22 The Comptroller General of the United States shall 

23 prescribe the regulations with respect to employees 

24 of the Government Accountability Office and the Li25 brary of Congress, respectively, and other individuals 


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1 affected by the Comptroller General of the United 

2 States. 

3 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC4 COUNTABILITY ACT OF 1995.— 

5 (1) AUTHORITY.—Not later than 90 days after 

6 the Secretary prescribes regulations under sub7 section (a), the Board of Directors of the Office of 

8 Compliance shall prescribe (in accordance with sec9 tion 304 of the Congressional Accountability Act of 

10 1995 (2 U.S.C. 1384)) such regulations as are nec11 essary to carry out this title with respect to employ12 ees described in section 101(3)(C) and other individ13 uals affected by employers described in section 

14 101(4)(A)(i)(III). 

15 (2) AGENCY REGULATIONS.—The regulations 

16 prescribed under paragraph (1) shall be the same as 

17 substantive regulations promulgated by the Sec18 retary to carry out this title except insofar as the 

19 Board may determine, for good cause shown and 

20 stated together with the regulations prescribed 

21 under paragraph (1), that a modification of such 

22 regulations would be more effective for the imple23 mentation of the rights and protections involved 

24 under this section. 


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1 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

2 3, UNITED STATES CODE.— 

3 (1) AUTHORITY.—Not later than 90 days after 

4 the Secretary prescribes regulations under sub5 section (a), the President (or the designee of the 

6 President) shall prescribe such regulations as are 

7 necessary to carry out this title with respect to em8 ployees described in section 101(3)(D) and other in9 dividuals affected by employers described in section 

10 101(4)(A)(i)(IV). 

11 (2) AGENCY REGULATIONS.—The regulations 

12 prescribed under paragraph (1) shall be the same as 

13 substantive regulations promulgated by the Sec14 retary to carry out this title except insofar as the 

15 President (or designee) may determine, for good 

16 cause shown and stated together with the regula17 tions prescribed under paragraph (1), that a modi18 fication of such regulations would be more effective 

19 for the implementation of the rights and protections 

20 involved under this section. 

21 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

22 5, UNITED STATES CODE.— 

23 (1) AUTHORITY.—Not later than 90 days after 

24 the Secretary prescribes regulations under sub25 section (a), the Director of the Office of Personnel 


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1 Management shall prescribe such regulations as are 

2 necessary to carry out this title with respect to em3 ployees described in section 101(3)(E) and other in4 dividuals affected by employers described in section 

5 101(4)(A)(i)(V). 

6 (2) AGENCY REGULATIONS.—The regulations 

7 prescribed under paragraph (1) shall be the same as 

8 substantive regulations promulgated by the Sec9 retary to carry out this title except insofar as the 

10 Director may determine, for good cause shown and 

11 stated together with the regulations prescribed 

12 under paragraph (1), that a modification of such 

13 regulations would be more effective for the imple14 mentation of the rights and protections involved 

15 under this section. 

16 SEC. 111. EFFECTIVE DATES. 

17 (a) EFFECTIVE DATE.—This title, other than section 

18 110, shall take effect 6 months after the date of issuance 

19 of regulations under section 110(a)(1). 

20 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

21 case of a collective bargaining agreement in effect on the 

22 effective date prescribed by subsection (a), this title shall 

23 take effect on the earlier of— 

24 (1) the date of the termination of such agree25 ment; or 


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1 (2) the date that occurs 18 months after the 

2 date of issuance of regulations under section 

3 110(a)(1). 

4 TITLE II—RESEARCH AND 

5 EDUCATION 

6 SEC. 201. PREGNANCY LOSS PUBLIC EDUCATION PRO7 GRAM. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services, acting through the Director of the Cen10 ters for Disease Control and Prevention, shall develop and 

11 disseminate to the public information regarding pregnancy 

12 loss, including information on— 

13 (1) awareness of pregnancy loss, and the inci14 dence and prevalence of pregnancy loss among preg15 nant people; and 

16 (2) the accessibility of the range of evidence17 based treatment options, as medically appropriate, 

18 for pregnancy loss, including miscarriage and recur19 rent miscarriage, including comprehensive mental 

20 health supports, necessary procedures and medica21 tions, and culturally responsive supports including 

22 pregnancy-loss doula care. 

23 (b) DISSEMINATION OF INFORMATION.—In carrying 

24 out subsection (a), the Secretary may disseminate infor25 mation to the public directly or through arrangements 


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1 with agencies carrying out intra-agency initiatives, non2 profit organizations, consumer groups, community organi3 zations, institutions of higher education (as defined in sec4 tion 101 of the Higher Education Act of 1965 (20 U.S.C. 

5 1001)), or Federal, State, or local public-private partner6 ships. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 such sums as may be necessary for each of fiscal years 

10 2022 through 2025. 

11 SEC. 202. RESEARCH WITH RESPECT TO PREGNANCY LOSS. 

12 (a) IN GENERAL.—The Director of the National In13 stitutes of Health (in this section referred to as the ‘‘Di14 rector of NIH’’) shall expand and coordinate programs for 

15 conducting and supporting evidence-based research with 

16 respect to causes of and current and novel treatment op17 tions and procedures for pregnancy loss. 

18 (b) ADMINISTRATION AND COORDINATION.—The Di19 rector of NIH, acting through the Director of the Office 

20 of Research on Women’s Health, shall carry out evidence21 based research conducted pursuant to subsection (a), in 

22 coordination with the appropriate institutes, offices, and 

23 centers of the National Institutes of Health, including the 

24 National Institute of Child Health and Human Develop25 ment, the National Institute of Environmental Health 


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1 Sciences, the National Institute of Mental Health, and the 

2 Office on Women’s Health of the Department of Health 

3 and Human Services. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $45,000,000 for each of fiscal years 2022 through 2025. 

7 SEC. 203. EDUCATION AND DISSEMINATION OF INFORMA8 TION TO PERINATAL HEALTH CARE WORK9 ERS WITH RESPECT TO PREGNANCY LOSS. 

10 (a) IN GENERAL.—The Secretary of Health and 

11 Human Services, acting through the Administrator of the 

12 Health Resources and Services Administration and the Di13 rector of the Agency for Healthcare Research and Quality 

14 shall, in consultation with and in accordance with guide15 lines from relevant medical societies, develop and dissemi16 nate to perinatal health care workers, including midwives, 

17 physician assistants, nurse practitioners, clinical nurse 

18 specialists, and non-clinical perinatal health care workers, 

19 information on pregnancy loss for the purpose of ensuring 

20 that such perinatal health care workers remain informed 

21 about current information (as of the date of dissemina22 tion) regarding pregnancy loss, including miscarriage and 

23 recurrent miscarriage, and prioritizing both the physical 

24 and mental health care of the patient. 


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1 (b) PERINATAL HEALTH CARE WORKER.—For pur2 poses of this section, the term ‘‘perinatal health care work3 er’’ includes any doula, community health worker, peer 

4 supporter, breastfeeding and lactation educator or coun5 selor, nutritionist or dietitian, childbirth educator, social 

6 worker, home visitor, language interpreter, or navigator. 

7 SEC. 204. DATA COLLECTION REGARDING PREGNANCY 

8 LOSS. 

9 The Secretary of Health and Human Services shall, 

10 in an manner that protects personal privacy, collect and 

11 assess data regarding pregnancy loss, including informa12 tion (disaggregated by race, ethnicity, health insurance 

13 status, disability, income level, and geography) on the 

14 prevalence of, the incidence of, and knowledge about preg15 nancy loss. 

Æ 


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