Abortion Providers Loan Elimination Act

I 117TH CONGRESS 1ST SESSION H. R. 2849 To amend the Small Business Act to prohibit abortion providers from receiv- ing a covered loan under the paycheck protection program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 26, 2021 Mr. MURPHY of North Carolina (for himself, Mr. ALLEN, Mr. BABIN, Mr. BANKS, Mr. BILIRAKIS, Mr. BISHOP of North Carolina, Mrs. BOEBERT, Mr. BUDD, Mr. CLOUD, Mr. CRAWFORD, Mr. DUNCAN, Mr. FALLON, Mrs. FISCHBACH, Mr. FLEISCHMANN, Mr. C. SCOTT FRANKLIN of Flor- ida, Mr. FULCHER, Mr. GIBBS, Mr. GOOD of Virginia, Mr. GOHMERT, Mr. GRAVES of Louisiana, Mr. GROTHMAN, Mr. GUEST, Ms. HERRELL, Mr. HICE of Georgia, Mrs. HINSON, Mr. HUIZENGA, Mr. JACKSON, Mr. JORDAN, Mr. KELLY of Pennsylvania, Mr. LAMBORN, Mr. LUETKE- MEYER, Mr. MANN, Mr. MAST, Mr. MOONEY, Mr. NORMAN, Mr. PALAZZO, Mr. RESCHENTHALER, Mr. ROGERS of Alabama, Mr. ROSENDALE, Mr. ROUZER, Mr. RUTHERFORD, Mr. SESSIONS, Mr. STEUBE, Mrs. WAGNER, Mrs. WALORSKI, Mr. WALTZ, Mr. WEBER of Texas, Mr. WILLIAMS of Texas, Mr. ROSE, Mr. KELLY of Mississippi, Ms. LETLOW, Mr. PERRY, Mr. BIGGS, Mr. BRADY, Mr. BURGESS, Mrs. CAMMACK, Mr. HIGGINS of Louisiana, Mr. BOST, Mrs. MILLER-MEEKS, Mr. WESTERMAN, Mr. BUCK, Mr. HARRIS, and Mr. POSEY) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to prohibit abortion pro- viders from receiving a covered loan under the paycheck protection program, 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 VerDate Sep 11 2014 02:45 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2849.IH H2849 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2849 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Abortion Providers 2 Loan Elimination Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) The Coronavirus Aid, Relief, and Economic 6 Security Act (Public Law 116–136) disqualified af- 7 filiations from applying for and receiving loans 8 through the paycheck protection program established 9 under section 7(a)(36) of the Small Business Act 10 (15 U.S.C. 636(a)(36)). 11 (2) Section 7(a)(36)(D)(vi) of the Small Busi- 12 ness Act (15 U.S.C. 7(a)(36)(D)(vi)), as added by 13 the Coronavirus Aid, Relief, and Economic Security 14 Act, established that affiliation rules apply to non- 15 profits for the purpose of determining whether a 16 nonprofit has 500 or fewer employees. 17 (3) Planned Parenthood Federation of America, 18 a national organization with central control over its 19 affiliates and which has nearly $2,000,000,000 in 20 assets and 16,000 employees, improperly applied for, 21 and received $80,000,000 in loans through the pay- 22 check protection program. 23 (4) In May of 2020, the Small Business Admin- 24 istration sent letters to the 39 Planned Parenthood 25 affiliates who had improperly applied for and re- 26 VerDate Sep 11 2014 02:45 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2849.IH H2849 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2849 IH ceived funds under the paycheck protection program 1 contrary to the letter of the law, instructing the af- 2 filiates to return the funding. 3 (5) According to the most recently available 4 data, 7 affiliates did so, but the remaining 31 affili- 5 ates kept the received funding despite receiving no- 6 tice that they had received such funds illegally. 7 (6) As of March 23, 2021, 3 of the 31 Planned 8 Parenthood affiliates again applied for and received 9 second draw loans under section 7(a)(37) of the 10 Small Business Act (15 U.S.C. 636(a)(37)) for a 11 combined $4,800,000 of additional funding. 12 SEC. 3. PAYCHECK PROTECTION PROGRAM. 13 (a) IN GENERAL.—Section 7(a)(36) of the Small 14 Business Act (15 U.S.C. 636(a)(36)) is amended by add- 15 ing at the end the following: 16 ‘‘(W) PROHIBITION ON COVERED LOANS 17 FOR ABORTION PROVIDERS.— 18 ‘‘(i) IN GENERAL.—Except as pro- 19 vided in clause (ii), no individual or entity 20 that provides abortions shall be eligible to 21 receive a covered loan. 22 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 23 not apply to— 24 VerDate Sep 11 2014 02:45 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2849.IH H2849 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2849 IH ‘‘(I) a hospital, as defined in sec- 1 tion 1861(e) of the Social Security 2 Act (42 U.S.C. 1395x(e)); or 3 ‘‘(II) an entity that exclusively 4 provides abortions described in section 5 507(a) of the Further Consolidated 6 Appropriations Act, 2020 (Public Law 7 116–94).’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 this section shall be effective as if included in the enact- 10 ment of the CARES Act (Public Law 116–136). 11 SEC. 4. INSPECTOR GENERAL REPORT. 12 Not later than 6 months after the date of the enact- 13 ment of this Act, the Inspector General of the Small Busi- 14 ness Administration shall conduct an investigation and 15 submit to Congress a report on the number of covered 16 loans made to the Planned Parenthood Federation of 17 America pursuant to section 7(a)(36) of the Small Busi- 18 ness Act (15 U.S.C. 636(a)(36)) and to other individuals 19 or entities that provide abortions. 20 Æ VerDate Sep 11 2014 02:45 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2849.IH H2849 kjohnson on DSK79L0C42PROD with BILLS