[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Page S5833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3235. Ms. ROSEN (for herself and Ms. Ernst) 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) Prohibition on direct lending.--A loan or financing 
     to a covered nonprofit child care provider made under the 
     authority under clause (i) shall be made in cooperation with 
     banks, certified development companies, or other financial 
     institutions through agreements to participate on a deferred 
     (guaranteed) basis. The Administrator is prohibited from 
     making a direct loan or financing or entering an agreement to 
     participate on an immediate basis for a loan or financing 
     made to a covered nonprofit child care provider under the 
     authority under clause (i).
       ``(iii) Loan guarantee.--A covered nonprofit child care 
     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 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.
                                 ______