[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2492. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE
PROVIDERS.
(a) In General.--Section 3(a) of the Small Business Act (15
U.S.C. 632(a)) is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term `covered
nonprofit child care provider' means an organization--
``(i) that--
``(I) is in compliance with licensing requirements for
child care providers of the State in which the organization
is located;
``(II) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code;
``(III) is primarily engaged in providing child care for
children from birth to compulsory school age; and
``(IV) is in compliance with the size standards established
under this subsection for business concerns in the applicable
industry;
``(ii) for which each employee and regular volunteer
complies with the criminal background check requirements
under section 658H(b) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(b));
``(iii) that may--
``(I) provide care for school-age children outside of
school hours or outside of the school year; or
``(II) offer preschool or prekindergarten educational
programs; and
``(iv) subject to any exemption under Federal law
applicable to the organization, that certifies to the
Administrator that the organization will not discriminate in
any business practice, including providing services to the
public, on the basis of race, color, religion, sex, sexual
orientation, marital status, age, disability, or national
origin.
``(B) Eligibility for certain loan programs.--
``(i) In general.--Notwithstanding any other provision of
this subsection, a covered nonprofit child care provider
shall be deemed to be a small business concern for purposes
of loans under section 7(a) of this Act or financing under
title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.).
``(ii) Loan guarantee.--A covered nonprofit child care
center provider--
``(I) shall obtain a guarantee of timely payment of the
loan or financing from another person or entity to be
eligible for a loan or financing of more than $500,000 under
the authority under clause (i); and
``(II) shall not be required to obtain a guarantee of
timely payment of the loan or financing to be eligible for a
loan or financing that is not more than $500,000 under the
authority under clause (i).
``(C) Limitation on basis for ineligibility.--The
Administrator may not determine that a covered nonprofit
child care center provider is not eligible for a loan or
financing described in subparagraph (B)(i) on the basis that
the proceeds of the loan or financing will be used for a
religious activity protected under the First Amendment to the
Constitution of the United States, as interpreted by the
courts of the United States.''.
(b) Reporting.--
(1) Definition.--In this subsection, the term ``covered
nonprofit child care provider'' has the meaning given the
term in paragraph (10) of section 3(a) of the Small Business
Act (15 U.S.C. 632(a)), as added by subsection (a).
(2) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator of the Small Business Administration shall
submit to Congress a report that contains--
(A) for the year covered by the report--
(i) the number of loans made under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) and the number of
financings provided under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) to covered
nonprofit child care providers; and
(ii) the amount of such loans made and the amount of such
financings provided to covered nonprofit child care
providers; and
(B) any other information determined relevant by the
Administrator.
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