Abortion Providers Loan Elimination Act

II 117TH CONGRESS 1ST SESSION S. 1382 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 SENATE OF THE UNITED STATES APRIL 27, 2021 Mr. MARSHALL (for himself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BOOZ- MAN, Mr. BRAUN, Mr. CASSIDY, Mr. CRAMER, Mr. CRAPO, Mr. DAINES, Mrs. FISCHER, Mr. HAGERTY, Mrs. HYDE-SMITH, Mr. INHOFE, Mr. KENNEDY, Mr. LANKFORD, Ms. LUMMIS, Mr. MCCONNELL, Mr. MORAN, Mr. PORTMAN, Mr. RISCH, Mr. ROUNDS, Mr. RUBIO, Mr. SCOTT of Flor- ida, Mr. THUNE, Mr. TILLIS, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Small Busi- ness and Entrepreneurship 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Abortion Providers 4 Loan Elimination Act’’. 5 VerDate Sep 11 2014 02:58 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1382 IS SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The Coronavirus Aid, Relief, and Economic 3 Security Act (Public Law 116–136) disqualified af- 4 filiations from applying for and receiving loans 5 through the paycheck protection program established 6 under section 7(a)(36) of the Small Business Act 7 (15 U.S.C. 636(a)(36)). 8 (2) Section 7(a)(36)(D)(vi) of the Small Busi- 9 ness Act (15 U.S.C. 7(a)(36)(D)(vi)), as added by 10 the Coronavirus Aid, Relief, and Economic Security 11 Act, established that affiliation rules apply to non- 12 profits for the purpose of determining whether a 13 nonprofit has 500 or fewer employees. 14 (3) Planned Parenthood Federation of America, 15 a national organization with central control over its 16 affiliates and which has nearly $2,000,000,000 in 17 assets and 16,000 employees, improperly applied for, 18 and received $80,000,000 in loans through the pay- 19 check protection program. 20 (4) In May of 2020, the Small Business Admin- 21 istration sent letters to the 38 Planned Parenthood 22 affiliates who had improperly applied for and re- 23 ceived funds under the paycheck protection program 24 contrary to the letter of the law, instructing the af- 25 filiates to return the funding. 26 VerDate Sep 11 2014 02:58 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1382 IS (5) According to the most recently available 1 data, 7 affiliates did so, but the remaining 31 affili- 2 ates kept the received funding despite receiving no- 3 tice that they had received such funds illegally. 4 (6) As of March 23, 2021, 3 of the 31 Planned 5 Parenthood affiliates again applied for and received 6 second draw loans under section 7(a)(37) of the 7 Small Business Act (15 U.S.C. 636(a)(37)) for a 8 combined $4,800,000 of additional funding. 9 SEC. 3. PAYCHECK PROTECTION PROGRAM. 10 (a) IN GENERAL.—Section 7(a)(36) of the Small 11 Business Act (15 U.S.C. 636(a)(36)) is amended by add- 12 ing at the end the following: 13 ‘‘(W) PROHIBITION ON COVERED LOANS 14 FOR ABORTION PROVIDERS.— 15 ‘‘(i) IN GENERAL.—Except as pro- 16 vided in clause (ii), no individual or entity 17 that provides abortions shall be eligible to 18 receive a covered loan. 19 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 20 not apply to— 21 ‘‘(I) a hospital, as defined in sec- 22 tion 1861(e) of the Social Security 23 Act (42 U.S.C. 1395x(e)); or 24 VerDate Sep 11 2014 02:58 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1382 IS ‘‘(II) an entity that exclusively 1 provides abortions described in section 2 507(a) of the Further Consolidated 3 Appropriations Act, 2020 (Public Law 4 116–94).’’. 5 (b) EFFECTIVE DATE.—The amendment made by 6 this section shall be effective as if included in the enact- 7 ment of the CARES Act (Public Law 116–136). 8 SEC. 4. INSPECTOR GENERAL REPORT. 9 Not later than 6 months after the date of enactment 10 of this Act, the Inspector General of the Small Business 11 Administration shall conduct an investigation and submit 12 to Congress a report on the number of covered loans made 13 to the Planned Parenthood Federation of America pursu- 14 ant to section 7(a)(36) of the Small Business Act (15 15 U.S.C. 636(a)(36)) and to other individuals or entities 16 that provide abortions. 17 Æ VerDate Sep 11 2014 02:58 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42PROD with BILLS