I 

117TH CONGRESS 

1ST SESSION H. R. 2849 

To amend the Small Business Act to prohibit abortion providers from receiving 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 Florida, 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. LUETKEMEYER, 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 providers from receiving a covered loan under the paycheck 

protection program, 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 ‘‘Abortion Providers 

3 Loan Elimination Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Coronavirus Aid, Relief, and Economic 

7 Security Act (Public Law 116–136) disqualified af8 filiations from applying for and receiving loans 

9 through the paycheck protection program established 

10 under section 7(a)(36) of the Small Business Act 

11 (15 U.S.C. 636(a)(36)). 

12 (2) Section 7(a)(36)(D)(vi) of the Small Busi13 ness Act (15 U.S.C. 7(a)(36)(D)(vi)), as added by 

14 the Coronavirus Aid, Relief, and Economic Security 

15 Act, established that affiliation rules apply to non16 profits for the purpose of determining whether a 

17 nonprofit has 500 or fewer employees. 

18 (3) Planned Parenthood Federation of America, 

19 a national organization with central control over its 

20 affiliates and which has nearly $2,000,000,000 in 

21 assets and 16,000 employees, improperly applied for, 

22 and received $80,000,000 in loans through the pay23 check protection program. 

24 (4) In May of 2020, the Small Business Admin25 istration sent letters to the 39 Planned Parenthood 

26 affiliates who had improperly applied for and reVerDate Sep 11 2014 02:45 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2849.IH H2849

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1 ceived funds under the paycheck protection program 

2 contrary to the letter of the law, instructing the af3 filiates to return the funding. 

4 (5) According to the most recently available 

5 data, 7 affiliates did so, but the remaining 31 affili6 ates kept the received funding despite receiving no7 tice that they had received such funds illegally. 

8 (6) As of March 23, 2021, 3 of the 31 Planned 

9 Parenthood affiliates again applied for and received 

10 second draw loans under section 7(a)(37) of the 

11 Small Business Act (15 U.S.C. 636(a)(37)) for a 

12 combined $4,800,000 of additional funding. 

13 SEC. 3. PAYCHECK PROTECTION PROGRAM. 

14 (a) IN GENERAL.—Section 7(a)(36) of the Small 

15 Business Act (15 U.S.C. 636(a)(36)) is amended by add16 ing at the end the following: 

17 ‘‘(W) PROHIBITION ON COVERED LOANS

18 FOR ABORTION PROVIDERS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), no individual or entity 

21 that provides abortions shall be eligible to 

22 receive a covered loan. 

23 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

24 not apply to— 


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1 ‘‘(I) a hospital, as defined in sec2 tion 1861(e) of the Social Security 

3 Act (42 U.S.C. 1395x(e)); or 

4 ‘‘(II) an entity that exclusively 

5 provides abortions described in section 

6 507(a) of the Further Consolidated 

7 Appropriations Act, 2020 (Public Law 

8 116–94).’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall be effective as if included in the enact11 ment of the CARES Act (Public Law 116–136). 

12 SEC. 4. INSPECTOR GENERAL REPORT. 

13 Not later than 6 months after the date of the enact14 ment of this Act, the Inspector General of the Small Busi15 ness Administration shall conduct an investigation and 

16 submit to Congress a report on the number of covered 

17 loans made to the Planned Parenthood Federation of 

18 America pursuant to section 7(a)(36) of the Small Busi19 ness Act (15 U.S.C. 636(a)(36)) and to other individuals 

20 or entities that provide abortions. 

Æ 


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