Abortion Providers Loan Elimination Act
Bill: S.1382 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Commerce

Summary:
Abortion Providers Loan Elimination Act
This bill makes abortion providers ineligible to receive a loan under the Paycheck Protection Program, which was established to support small businesses in response to COVID-19.
This prohibition shall not apply to hospitals or entities that exclusively provide abortions (1) where the pregnancy is the result of rape or incest, or (2) where the pregnancy endangers the life of the mother.
The Inspector General of the Small Business Administration must report on the number of paycheck protection loans made to the Planned Parenthood Federation of America and to other abortion providers.

To amend the Small Business Act to prohibit abortion providers from 
receiving a covered loan under the paycheck protection program, 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 ``Abortion Providers Loan Elimination 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Coronavirus Aid, Relief, and Economic Security Act 
        (Public Law 116-136) disqualified affiliations from applying 
        for and receiving loans through the paycheck protection program 
        established under section 7(a)(36) of the Small Business Act 
        (15 U.S.C. 636(a)(36)).
            (2) Section 7(a)(36)(D)(vi) of the Small Business Act (15 
        U.S.C. 7(a)(36)(D)(vi)), as added by the Coronavirus Aid, 
        Relief, and Economic Security Act, established that affiliation 
        rules apply to nonprofits for the purpose of determining 
        whether a nonprofit has 500 or fewer employees.
            (3) Planned Parenthood Federation of America, a national 
        organization with central control over its affiliates and which 
        has nearly $2,000,000,000 in assets and 16,000 employees, 
        improperly applied for, and received $80,000,000 in loans 
        through the paycheck protection program.
            (4) In May of 2020, the Small Business Administration sent 
        letters to the 38 Planned Parenthood affiliates who had 
        improperly applied for and received funds under the paycheck 
        protection program contrary to the letter of the law, 
        instructing the affiliates to return the funding.
            (5) According to the most recently available data, 7 
        affiliates did so, but the remaining 31 affiliates kept the 
        received funding despite receiving notice that they had 
        received such funds illegally.
            (6) As of March 23, 2021, 3 of the 31 Planned Parenthood 
        affiliates again applied for and received second draw loans 
        under section 7(a)(37) of the Small Business Act (15 U.S.C. 
        636(a)(37)) for a combined $4,800,000 of additional funding.

SEC. 3. PAYCHECK PROTECTION PROGRAM.

    (a) In General.--Section 7(a)(36) of the Small Business Act (15 
U.S.C. 636(a)(36)) is amended by adding at the end the following:
                    ``(W) Prohibition on covered loans for abortion 
                providers.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no individual or entity that 
                        provides abortions shall be eligible to receive 
                        a covered loan.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    ``(I) a hospital, as defined in 
                                section 1861(e) of the Social Security 
                                Act (42 U.S.C. 1395x(e)); or
                                    ``(II) an entity that exclusively 
                                provides abortions described in section 
                                507(a) of the Further Consolidated 
                                Appropriations Act, 2020 (Public Law 
                                116-94).''.
    (b) Effective Date.--The amendment made by this section shall be 
effective as if included in the enactment of the CARES Act (Public Law 
116-136).

SEC. 4. INSPECTOR GENERAL REPORT.

    Not later than 6 months after the date of enactment of this Act, 
the Inspector General of the Small Business Administration shall 
conduct an investigation and submit to Congress a report on the number 
of covered loans made to the Planned Parenthood Federation of America 
pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 
636(a)(36)) and to other individuals or entities that provide 
abortions.
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