II 

117TH CONGRESS 

1ST SESSION S. 3253 

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 

NOVEMBER 18, 2021 

Mr. COTTON 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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Helping with Equal 

5 Access to Leave and Investing in Needs for Grieving 

6 Mothers and Fathers Act’’ or the ‘‘HEALING Mothers 

7 and Fathers Act’’. 


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

2 CHILD. 

3 (a) DEFINITION OF SPONTANEOUS LOSS OF AN UN4 BORN CHILD.—Section 101 of the Family and Medical 

5 Leave Act of 1993 (29 U.S.C. 2611) is amended— 

6 (1) by redesignating paragraphs (13) through 

7 (19) as paragraphs (14) through (20), respectively; 

8 (2) by inserting after paragraph (12) the fol9 lowing: 

10 ‘‘(13) SPONTANEOUS LOSS OF AN UNBORN

11 CHILD.—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 un14 planned.’’; and 

15 (3) in paragraph (19)(B), as redesignated, by 

16 striking ‘‘paragraph (15)(B)’’ and inserting ‘‘para17 graph (16)(B)’’. 

18 (b) ENTITLEMENT TO LEAVE.—Section 102(a)(1) of 

19 such Act (29 U.S.C. 2612(a)(1)) is amended by adding 

20 at the end the following: 

21 ‘‘(G) Because of the spontaneous loss of an 

22 unborn child of the employee or spouse of the 

23 employee.’’. 

24 (c) SCHEDULE.—Section 102(b)(1) of such Act (29 

25 U.S.C. 2612(b)(1)) is amended by inserting after the third 

26 sentence the following: ‘‘Subject to subsection (e)(4) and 


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1 section 103(g), leave under subsection (a)(1)(G) may be 

2 taken intermittently or on a reduced leave schedule when 

3 medically necessary.’’. 

4 (d) SUBSTITUTION OF PAID LEAVE.—Section 

5 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is 

6 amended in the first sentence by striking ‘‘(C) or (D)’’ 

7 and inserting ‘‘(C), (D), or (G)’’. 

8 (e) NOTICE.—Section 102(c) of such Act (29 U.S.C. 

9 2612(c)) is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(4) NOTICE FOR LEAVE DUE TO SPONTA12 NEOUS LOSS OF AN UNBORN CHILD.—For leave 

13 under subsection (a)(1)(G), the employee shall pro14 vide such notice to the employer as is reasonable and 

15 practicable.’’. 

16 (f) CERTIFICATION.—Section 103 of such Act (29 

17 U.S.C. 2613) is amended— 

18 (1) in subsection (c)(1)— 

19 (A) by inserting ‘‘or subsection (g)(1) for 

20 leave under section 102(a)(1)(G)’’ after ‘‘sec21 tion 102(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 secVerDate Sep 11 2014 04:12 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3253.IS S3253

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1 tion 102(a)(1) or subsection (g)(2) for leave 

2 under section 102(a)(1)(G), respectively’’; 

3 (2) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) by inserting ‘‘or subsection (g)(1)’’ 

6 after ‘‘under subsection (a)’’; and 

7 (ii) by inserting ‘‘or subsection (g)(2), 

8 respectively’’ after ‘‘under subsection (b)’’; 

9 and 

10 (B) in paragraph (2), by inserting ‘‘or sub11 section (g)(2)’’ after ‘‘under subsection (b)’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘(g) CERTIFICATION FOR LEAVE DUE TO SPONTA15 NEOUS LOSS OF AN UNBORN CHILD.— 

16 ‘‘(1) IN GENERAL.—An employer may require 

17 that a request for leave under section 102(a)(1)(G) 

18 be supported by a certification issued by the health 

19 care provider of the eligible employee or of the 

20 spouse of the eligible employee, as appropriate. The 

21 employee shall provide, in a timely manner, a copy 

22 of such certification to the employer. 

23 ‘‘(2) SUFFICIENT CERTIFICATION.—Certifi24 cation provided under paragraph (1) shall be suffi25 cient if it includes the information described in paraVerDate Sep 11 2014 04:12 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3253.IS S3253

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1 graphs (1), (2), (3), and (5) of subsection (b), with 

2 respect to spontaneous loss of an unborn child or 

3 bodily side effects of that loss, as appropriate.’’. 

4 SEC. 3. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN 

5 CHILD, FOR CIVIL SERVICE EMPLOYEES. 

6 (a) DEFINITIONS.—Section 6381 of title 5, United 

7 States Code, is amended— 

8 (1) by redesignating paragraphs (7) through 

9 (12) as paragraphs (8) through (13), respectively; 

10 (2) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) the term ‘spontaneous loss of an unborn 

13 child’ means the loss of a child in the womb that 

14 does not result from a purposeful act and is un15 planned;’’; and 

16 (3) in paragraph (12)(B), as redesignated, by 

17 striking ‘‘paragraph (8)(B)’’ and inserting ‘‘para18 graph (9)(B)’’. 

19 (b) ENTITLEMENT TO LEAVE.—Section 6382(a)(1) 

20 of title 5, United States Code, is amended by adding at 

21 the end the following: 

22 ‘‘(F) Because of the spontaneous loss of an un23 born child of the employee or spouse of the em24 ployee.’’. 


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1 (c) SCHEDULE.—Section 6382(b)(1) of title 5, 

2 United States Code, is amended by inserting after the 

3 third sentence the following: ‘‘Subject to subsection (e)(4), 

4 and section 103(g), leave under subsection (a)(1)(G) may 

5 be taken intermittently or on a reduced leave schedule 

6 when medically necessary.’’. 

7 (d) SUBSTITUTION OF PAID LEAVE.—Section 

8 6382(d)(1) of title 5, United States Code, is amended in 

9 the first sentence by striking ‘‘or (E)’’ and inserting ‘‘(E), 

10 or (F)’’. 

11 (e) NOTICE.—Section 6382(e) of title 5, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(4) For leave under subsection (a)(1)(F), the em15 ployee shall provide such notice to the employing agency 

16 as is reasonable and practicable.’’. 

17 (f) CERTIFICATION.—Section 6383 of title 5, United 

18 States Code, is amended— 

19 (1) in subsection (c)(1)— 

20 (A) by inserting ‘‘or subsection (g)(1) for 

21 leave under section 6382(a)(1)(F)’’ after ‘‘sec22 tion 6382(a)(1)’’; and 

23 (B) by striking ‘‘under subsection (b) for 

24 such leave’’ and inserting ‘‘under subsection (b) 

25 for leave under subparagraph (C) or (D) of secVerDate Sep 11 2014 04:12 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3253.IS S3253

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1 tion 6382(a)(1) or subsection (g)(2) for leave 

2 under section 6382(a)(1)(F), respectively’’; 

3 (2) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) by inserting ‘‘or subsection (g)(1)’’ 

6 after ‘‘under subsection (a)’’; and 

7 (ii) by inserting ‘‘or subsection (g)(2), 

8 respectively’’ after ‘‘under subsection (b)’’; 

9 and 

10 (B) in paragraph (2), by inserting ‘‘or sub11 section (g)(2)’’ after ‘‘under subsection (b)’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘(g)(1) An employing agency may require that a re15 quest for leave under section 6382(a)(1)(F) be supported 

16 by a certification issued by the health care provider of the 

17 employee or of the spouse of the employee, as appropriate. 

18 The employee shall provide, in a timely manner, a copy 

19 of such certification to the employing agency. 

20 ‘‘(2) Certification provided under paragraph (1) shall 

21 be sufficient if it includes the information described in 

22 paragraphs (1), (2), (3), and (5) of subsection (b), with 

23 respect to spontaneous loss of an unborn child or bodily 

24 side effects of that loss, as appropriate.’’. 


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1 SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS 

2 WHO HAVE SUFFERED A STILLBIRTH. 

3 (a) IN GENERAL.—Subpart C of part IV of sub4 chapter A of chapter 1 of the Internal Revenue Code of 

5 1986 is amended by inserting after section 36B the fol6 lowing new section: 

7 ‘‘SEC. 36C. STILLBIRTHS. 

8 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli9 gible individual, there shall be allowed as a credit against 

10 the tax imposed by this subtitle for the taxable year an 

11 amount equal to $3,600. 

12 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

13 section, the term ‘eligible individual’ means any indi14 vidual— 

15 ‘‘(1) who suffered during the taxable year the 

16 stillbirth of a child who would have been a qualifying 

17 child of the taxpayer (within the meaning of section 

18 152) for the taxable year if such child had been born 

19 live; and 

20 ‘‘(2) for whom a certificate of birth resulting in 

21 stillbirth has been issued under applicable State law. 

22 ‘‘(c) STILLBIRTH.—For purposes of this section, the 

23 term ‘stillbirth’ means the delivery of a child where there 

24 was a spontaneous death of the child, not induced by any 

25 purposeful act, before the complete delivery from the 

26 child’s mother. 


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1 ‘‘(d) IDENTIFICATION REQUIREMENT.— 

2 ‘‘(1) IN GENERAL.—No credit shall be allowed 

3 under this section to a taxpayer unless the taxpayer 

4 includes the social security number of such taxpayer 

5 on the return of tax for the taxable year. In the case 

6 of a joint return, the requirements of this subsection 

7 shall be treated as met as long as 1 spouse includes 

8 a social security number on the return of tax for the 

9 taxable year. 

10 ‘‘(2) SOCIAL SECURITY NUMBER.—For pur11 poses of this subsection, the term ‘social security 

12 number’ means a social security number issued to an 

13 individual by the Social Security Administration, but 

14 only if the social security number is issued— 

15 ‘‘(A) to a citizen of the United States or 

16 pursuant to subclause (I) (or that portion of 

17 subclause (III) that relates to subclause (I)) of 

18 section 205(c)(2)(B)(i) of the Social Security 

19 Act, and 

20 ‘‘(B) before the due date for such return.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for subpart C of part IV of subchapter A of chapter 1 

23 of such Code is amended by inserting after the item relat24 ing to section 36B the following new item: 

‘‘Sec. 36C. Stillbirths.’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 6211(b)(4)(A) of such Code is 

2 amended by inserting ‘‘36C,’’ after ‘‘36B,’’. 

3 (2) Paragraph (2) of section 1324(b) of title 

4 31, United States Code, is amended by inserting ‘‘, 

5 36C’’ after ‘‘36B’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to taxable years beginning after 

8 the date of the enactment of this Act. 

9 SEC. 5. PROHIBITION OF FUNDING FAMILY PLANNING PRO10 VIDERS THAT OFFER ABORTION SERVICES. 

11 Title X of the Public Health Service Act (42 U.S.C. 

12 300 et seq.) is amended by adding at the end the fol13 lowing: 

14 ‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR15 TION. 

16 ‘‘The Secretary shall not provide any assistance 

17 under this title to an entity unless the entity certifies that, 

18 during the period of such assistance, the entity will not— 

19 ‘‘(1) perform an abortion, or provide funding to 

20 any other entity that performs abortions; or 

21 ‘‘(2) refer patients to an abortion provider.’’. 

Æ 


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