[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3137 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3137
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
October 26, 2023
Ms. Duckworth (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Casey, Mr.
Fetterman, Mrs. Gillibrand, Ms. Hirono, Mr. Merkley, Mr. Padilla, Ms.
Smith, Ms. Warren, and Mr. Whitehouse) 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.
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 ``Support Through Loss Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to allow individuals in the United States to receive
supplementary 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; and
(2) to support related research or education.
TITLE I--PAID LEAVE FOLLOWING A PREGNANCY LOSS
SEC. 101. DEFINITIONS.
In this title:
(1) Assisted reproductive technology procedure.--The term
``assisted reproductive technology procedure'' has the meaning
given the term ``assisted reproductive technology'' in section
8 of the Fertility Clinic Success Rate and Certification Act of
1992 (42 U.S.C. 263a-7).
(2) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(3) Domestic partner.--The term ``domestic partner'', used
with respect to an unmarried employee, includes--
(A) the person recognized as the domestic partner
of the employee under any domestic partnership or civil
union law of a State or political subdivision of a
State; and
(B) an unmarried, adult person who is in a
committed, personal relationship with the employee, who
is not a domestic partner as described in subparagraph
(A) to or in such a relationship with any other person,
and who is designated to the employee's employer by
such employee as that employee's domestic partner.
(4) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under any other provision
of this paragraph, except that a reference in such
section to an employer shall be considered to be a
reference to an employer described in clauses (i)(I)
and (ii) of paragraph (5)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a));
(C) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (without regard to the limitation in section
6381(1)(B) of that title), who is not covered under
subparagraph (D).
(5) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 5 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of an employer;
(III) includes any public agency;
and
(IV) includes the Government
Accountability Office.
(ii) Public agency.--For purposes of clause
(i)(III), a public agency shall be considered
to be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Employee.--The term
``employee'' has the meaning given such
term in section 3(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(e)).
(II) Person.--The term ``person''
has the meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(III) Public agency.--The term
``public agency'' has the meaning given
such term in section 3(x) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(x)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Paid leave time.--The term ``paid leave time'' means an
increment of compensated leave that can be granted to an
employee for use during an absence from employment for any
reason described in section 102(b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(9) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the marriage was celebrated.
(10) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(11) Unpaid leave time.--The term ``unpaid leave time''
means the leave granted and used in the same manner and under
the same conditions as paid leave time for the purposes of this
title, except that no compensation shall be paid.
SEC. 102. PAID LEAVE TIME.
(a) Granting Leave Time.--
(1) In general.--An employer shall grant to each employee
employed by the employer, not less than 56 hours of paid leave
time on the employee's first workday of each calendar year. The
employee may use the paid leave time as needed during that
calendar year for reasons described in subsection (b).
(2) Carryover.--Paid leave time granted under paragraph (1)
shall not carry over from 1 year to the next.
(3) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this section and
that is made available for all stated reasons and under all
stated conditions that are the same as the reasons and
conditions outlined in subsection (b) shall not be required to
grant an employee additional paid leave time under this
section.
(4) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for granted paid leave time that has not been used.
(5) Prohibition.--An employer may not require, as a
condition of providing paid leave time under this title, that
the employee involved search for or find a replacement employee
to cover the hours during which the employee is using paid
leave time.
(b) Uses.--Paid leave time granted under subsection (a)(1) may be
used by an employee for any of the following:
(1) An absence resulting from--
(A) a pregnancy loss;
(B) an unsuccessful round of intrauterine
insemination or of an assisted reproductive technology
procedure;
(C) a failed adoption match or an adoption that is
not finalized because it is contested by another party;
(D) a failed surrogacy arrangement; or
(E) a diagnosis or event that impacts pregnancy or
fertility.
(2) An absence to care for a spouse or domestic partner who
experiences a circumstance described in paragraph (1).
(c) Procedures.--Paid leave time granted under subsection (a)(1)
shall be provided upon the oral or written request of an employee. Such
request shall--
(1) include the expected duration of the period of such
time; and
(2) be provided as soon as practicable after the employee
is aware of the need for such period.
SEC. 103. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each employee and
include in any employee handbook the information described in
paragraphs (1) through (3). Each employer shall post and keep posted a
notice, to be prepared or approved in accordance with procedures
specified in regulations prescribed under section 110, setting forth
excerpts from, or summaries of, the pertinent provisions of this title,
including--
(1) information describing paid leave time available to
employees under this title;
(2) information pertaining to the filing of an action under
this title; and
(3) information that describes--
(A) the protections that an employee has in
exercising rights under this title; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section
105) if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; or
(2) in employee handbooks.
(c) Violation; Penalty.--Any employer who willfully violates the
posting requirements of this section shall be subject to a civil fine
in an amount not to exceed $100 for each separate offense.
SEC. 104. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this
title, including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
title;
(B) using the taking of paid leave time or unpaid
leave time under this title as a negative factor in an
employment action, such as hiring, promotion, reducing
hours or number of shifts, or a disciplinary action; or
(C) counting the paid leave time or unpaid leave
time under a no-fault attendance policy or any other
absence control policy.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual, including a job
applicant, for opposing any practice made unlawful by this
title.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action, or has instituted or caused to be
instituted any proceeding, under or related to this title;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this title; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this title.
(c) Construction.--Nothing in this section shall be construed to
state or imply that the scope of the activities prohibited by section
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) or the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) is less than the
scope of the activities prohibited by this section or is otherwise
altered by the activities prohibited by this section.
SEC. 105. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 101(4);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
101(5)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this title, or any regulation or order
issued under this title, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this title in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this title or any regulation or order issued
pursuant to this title, or is investigating a charge
pursuant to paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by an
employee or individual or a representative for and on
behalf of--
(i) the employee or individual; or
(ii) the employee or individual and others
similarly situated.
(B) Liability.--Any employer who violates section
104 (including a violation relating to rights provided
under section 102) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 56 hours of wages or salary
for the employee or individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 104 (including a violation
relating to rights provided under section 102) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (3)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 104
(including a willful violation relating to rights
provided under section 102), such action may be brought
not later than 3 years after the date of the last event
constituting the alleged violation for which such
action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 104
(including a violation relating to rights provided
under section 102), including the restraint of any
withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found
by the court to be due to employees or individuals
eligible under this title; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office.--Notwithstanding any
other provision of this subsection, in the case of the
Government Accountability Office, the authority of the
Secretary of Labor under this subsection shall be exercised by
the Comptroller General of the United States.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this title
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee described in
section 101(4)(C).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this title provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this title against an employee described in section 101(4)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this title provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an employee
described in section 101(4)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment to the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
title for equitable, legal, or other relief authorized under
this title.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(3), for
injunctive relief that is authorized under this title. In such
a suit the court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this title, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 106. EDUCATION AND OUTREACH.
(a) In General.--The Secretary may conduct a public awareness
campaign to educate and inform the public of the requirements for paid
leave time required by this title.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out such campaign.
SEC. 107. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this
title shall be construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, or disability.
(b) Federal, State, and Local Laws.--Nothing in this title shall be
construed to supersede (including preempting) any provision of any
Federal, State, or local law that provides greater paid or unpaid
family or medical leave rights than the rights established under this
title.
SEC. 108. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this title shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid leave or other leave rights to
employees or individuals than the rights established under this title.
(b) Less Protective.--The rights established for employees under
this title shall not be diminished by any contract, collective
bargaining agreement, or any employment benefit program or plan.
SEC. 109. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this title shall be construed to discourage employers
from adopting or retaining leave policies more generous than policies
that comply with the requirements of this title.
SEC. 110. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not
later than 180 days after the date of enactment of this title,
the Secretary shall prescribe such regulations as are necessary
to carry out this title with respect to employees described in
subparagraph (A) or (B) of section 101(4) and other individuals
affected by employers described in subclause (I) or (II) of
section 101(5)(A)(i).
(2) Government accountability office.--The Comptroller
General of the United States shall prescribe the regulations
with respect to employees of the Government Accountability
Office and the Library of Congress, respectively, and other
individuals affected by the Comptroller General of the United
States.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Board of
Directors of the Office of Compliance shall prescribe (in
accordance with section 304 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary
to carry out this title with respect to employees described in
section 101(4)(C) and other individuals affected by employers
described in section 101(5)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the President (or
the designee of the President) shall prescribe such regulations
as are necessary to carry out this title with respect to
employees described in section 101(4)(D) and other individuals
affected by employers described in section 101(5)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Director of
the Office of Personnel Management shall prescribe such
regulations as are necessary to carry out this title with
respect to employees described in section 101(4)(E) and other
individuals affected by employers described in section
101(5)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
SEC. 111. EFFECTIVE DATES.
(a) Effective Date.--This title, other than section 110, shall take
effect 6 months after the date of issuance of regulations under section
110(a)(1).
(b) Collective Bargaining Agreements.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by
subsection (a), this title shall take effect on the earlier of--
(1) the date of the termination of such agreement; or
(2) the date that occurs 18 months after the date of
issuance of regulations under section 110(a)(1).
TITLE II--RESEARCH AND EDUCATION
SEC. 201. PREGNANCY LOSS PUBLIC EDUCATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall develop and disseminate to the public information regarding
pregnancy loss, including information on--
(1) awareness of pregnancy loss, and the incidence and
prevalence of pregnancy loss among pregnant people; and
(2) the accessibility of the range of evidence-based
treatment options, as medically appropriate, for pregnancy
loss, including miscarriage and recurrent miscarriage,
including comprehensive mental health supports, necessary
procedures and medications, and culturally responsive supports
including pregnancy-loss doula care.
(b) Dissemination of Information.--In carrying out subsection (a),
the Secretary may disseminate information to the public directly or
through arrangements with agencies carrying out intra-agency
initiatives, nonprofit organizations, consumer groups, community
organizations, institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or Federal,
State, or local public-private partnerships.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2026.
SEC. 202. RESEARCH WITH RESPECT TO PREGNANCY LOSS.
(a) In General.--The Director of the National Institutes of Health
(in this section referred to as the ``Director of NIH'') shall expand
and coordinate programs for conducting and supporting evidence-based
research with respect to causes of and current and novel treatment
options and procedures for pregnancy loss.
(b) Administration and Coordination.--The Director of NIH, acting
through the Director of the Office of Research on Women's Health, shall
carry out evidence-based research conducted pursuant to subsection (a),
in coordination with the appropriate institutes, offices, and centers
of the National Institutes of Health, including the National Institute
of Child Health and Human Development, the National Institute of
Environmental Health Sciences, the National Institute of Mental Health,
and the Office on Women's Health of the Department of Health and Human
Services.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $45,000,000 for each of fiscal
years 2023 through 2026.
SEC. 203. EDUCATION AND DISSEMINATION OF INFORMATION TO PERINATAL
HEALTH CARE WORKERS WITH RESPECT TO PREGNANCY LOSS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration and the Director of the Agency for Healthcare Research
and Quality shall, in consultation with and in accordance with
guidelines from relevant medical societies, develop and disseminate to
perinatal health care workers, including midwives, physician
assistants, nurse practitioners, clinical nurse specialists, and non-
clinical perinatal health care workers, information on pregnancy loss
for the purpose of ensuring that such perinatal health care workers
remain informed about current information (as of the date of
dissemination) regarding pregnancy loss, including miscarriage and
recurrent miscarriage, and prioritizing both the physical and mental
health care of the patient.
(b) Perinatal Health Care Worker.--For purposes of this section,
the term ``perinatal health care worker'' includes any doula, community
health worker, peer supporter, breastfeeding and lactation educator or
counselor, nutritionist or dietitian, childbirth educator, social
worker, home visitor, language interpreter, or navigator.
SEC. 204. DATA COLLECTION REGARDING PREGNANCY LOSS.
The Secretary of Health and Human Services shall, in an manner that
protects personal privacy, collect and assess data regarding pregnancy
loss, including information (disaggregated by race, ethnicity, health
insurance status, disability, income level, and geography) on the
prevalence of, the incidence of, and knowledge about pregnancy loss.
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