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H.R. 2849, Abortion Providers Loan Elimination Act

Summary

H.R. 2849 was introduced in the House of Representatives on April 26, 2021 by Mr. Murphy of North Carolina (for himself and others) and referred to the Committee on Small Business. It is a bill to amend the Small Business Act to prohibit abortion providers from receiving a covered loan under the paycheck protection program. Section 3 provides that no individual or entity that provides abortions shall be eligible to receive a covered loan, with exceptions for a hospital and for an entity that exclusively provides certain described abortions. The bill’s findings state that, as of March 23, 2021, 3 of the 31 Planned Parenthood affiliates again applied for and received second draw loans for a combined $4,800,000.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr2849Ih Bills 117Hr2849Ih
Case
Bills Bills 117Hr2849Ih Bills 117Hr2849Ih

Cite this document

“H.R. 2849, Abortion Providers Loan Elimination Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr2849ih-bills-117hr2849ih/, SHA-256 c33366004343ab81cb4c7ccc5ce687f20eb7bfc481be017e19e2d69bfd9bf701.

Full text

                                                                                                                                                                          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.




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                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 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 af-
                                                                         8              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 Busi-
                                                                       13               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 non-
                                                                       16               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 pay-
                                                                       23               check protection program.
                                                                       24                         (4) In May of 2020, the Small Business Admin-




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                                                                       25               istration sent letters to the 39 Planned Parenthood
                                                                       26               affiliates who had improperly applied for and re-
                                                                                   •HR 2849 IH

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                                                                         1              ceived funds under the paycheck protection program
                                                                         2              contrary to the letter of the law, instructing the af-
                                                                         3              filiates to return the funding.
                                                                         4                        (5) According to the most recently available
                                                                         5              data, 7 affiliates did so, but the remaining 31 affili-
                                                                         6              ates kept the received funding despite receiving no-
                                                                         7              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 add-
                                                                       16 ing at the end the following:
                                                                       17                                  ‘‘(W) PROHIBITION ON COVERED LOANS
                                                                       18                         FOR ABORTION PROVIDERS.—

                                                                       19                                          ‘‘(i) IN           GENERAL.—Except                     as pro-
                                                                       20                                  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 sec-
                                                                         2                                         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 enact-
                                                                       11 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 enact-
                                                                       14 ment of this Act, the Inspector General of the Small Busi-
                                                                       15 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 Busi-
                                                                       19 ness Act (15 U.S.C. 636(a)(36)) and to other individuals
                                                                       20 or entities that provide abortions.
                                                                                                                                  Æ




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