,,ii #aaith ,,congress #ast ,session ,s4 #bgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjbe,ms4 ,rosen 7for herself1 ,ms4 ,ernst1 ,mr4 ,risch1 and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,small ,business and ,entrepreneurship ,a ,,bill ,to allow nonprofit child care providers to participate in certain loan programs of the ,small ,business ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,child ,care ,investment ,act4 #b4 ,small business loans for nonprofit child care providers 7a7 ,business loan program ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77 is amended by adding at the end the following3 7#aj7 ,nonprofit child care providers 7,a7 ,definition ,in this paragraph1 the term covered nonprofit child care provider means an organization-- 7i7 that-- 7,i7 is in compliance with licensing requirements for child care providers of the ,state in which the organization is located2 7,,ii7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 7,,iii7 is primarily engaged in providing child care for children from birth to compulsory school age2 and 7,,iv7 is in compliance with the size standards established under this subsection for business concerns in the applicable industry2 7ii7 for which each employee and regular volunteer complies with the criminal background check requirements under section #feh;,h7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f7b772 7iii7 that may-- 7,i7 provide care for school-age children outside of school hours or outside of the school year2 or 7,,ii7 offer preschool or prekindergarten educational programs2 and 7iv7 subject to any exemption under ,federal law applicable to the organization1 that certifies to the ,administrator that the organization will not discriminate in any business practice1 including providing services to the public1 on the basis of race1 color1 religion1 sex1 sexual orientation1 marital status1 age1 disability1 or national origin4 7,b7 ,eligibility for certain loan programs 7i7 ,in general ,notwithstanding any other provision of this subsection1 a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of loans and financings under section #g7;a74 7ii7 ,prohibition on direct lending ,a loan or financing to a covered nonprofit child care provider made under the authority under clause 7i7 shall be made in cooperation with banks1 certified development companies1 or other financial institutions through agreements to participate on a deferred 7guaranteed7 basis4 ,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 7i74 7iii7 ,loan guarantee ,a covered nonprofit child care provider-- 7,i7 shall obtain a guarantee of timely payment of the loan or financing from another person or entity to be eligible for such loan or financing of more than #ejj1jjj under the authority under clause 7i72 and 7,,ii7 may not be required to obtain a guarantee of timely payment of the loan or financing to be eligible for such loan or financing that is not more than #ejj1jjj under the authority under clause 7i74 7,c7 ,limitations 7i7 ,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 7,b77i7 on the basis that the covered nonprofit child care provider is associated with an entity whose activities are protected under the ,first ,amendment to the ,constitution of the ,united ,states1 as interpreted by the courts of the ,united ,states4 7ii7 ,use of funds ,a covered nonprofit child care provider receiving a loan or financing described in subparagraph 7,b77i7 may not use the proceeds of the loan or financing for a religious activity protected under the ,first ,amendment to the ,constitution of the ,united ,states1 as interpreted by the courts of the ,united ,states4 4 7b7 #ejd program ,section #ejb of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fif7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,the ,administration and inserting the following3 7a7 ,in general ,the ,administration 2 and 7#b7 by adding at the end the following3 7b7 ,nonprofit child care providers 7#a7 ,definition ,in this subsection1 the term covered nonprofit child care provider has the meaning given that term in section #c7;a77#aj7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#aj774 7#b7 ,eligibility for certain loan programs 7,a7 ,in general ,notwithstanding any other provision of this title1 a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of loans and financings under this title4 7,b7 ,prohibition on direct lending ,a loan or financing to a covered nonprofit child care provider made under the authority under subparagraph 7,a7 shall be made in cooperation with banks1 certified development companies1 or other financial institutions through agreements to participate on a deferred 7guaranteed7 basis4 ,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 subparagraph 7,a74 7,c7 ,loan guarantee ,a covered nonprofit child care provider-- 7i7 shall obtain a guarantee of timely payment of the loan or financing from another person or entity to be eligible for such loan or financing of more than #ejj1jjj under the authority under subparagraph 7,a72 and 7ii7 may not be required to obtain a guarantee of timely payment of the loan or financing to be eligible for such loan or financing that is not more than #ejj1jjj under the authority under subparagraph 7,a74 7#c7 ,limitations 7,a7 ,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 paragraph 7#b77;,a7 on the basis that the covered nonprofit child care provider is associated with an entity whose activities are protected under the ,first ,amendment to the ,constitution of the ,united ,states1 as interpreted by the courts of the ,united ,states4 7,b7 ,use of funds ,a covered nonprofit child care provider receiving a loan or financing described in paragraph 7#b77;,a7 may not use the proceeds of the loan or financing for a religious activity protected under the ,first ,amendment to the ,constitution of the ,united ,states1 as interpreted by the courts of the ,united ,states4 4 7c7 ,reporting 7#a7 ,definition ,in this subsection1 the term covered nonprofit child care provider has the meaning given the term in paragraph 7#aj7 of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a771 as added by subsection 7a74 7#b7 ,requirement ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator of the ,small ,business ,administration shall submit to ,congress a report that contains-- 7,a7 for the year covered by the report-- 7i7 the number of loans and financings made under section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 to covered nonprofit child care providers2 7ii7 the amount of the loans and financings described in clause 7i72 7iii7 the number of loans and financings provided under title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq47 to covered nonprofit child care providers2 and 7iv7 the amount of the loans and financings described in clause 7iii72 and 7,b7 any other information determined relevant by the ,administrator4