[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 650 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 650
To assist entrepreneurs, support development of the creative economy,
and encourage international cultural exchange, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2019
Mr. Udall introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To assist entrepreneurs, support development of the creative economy,
and encourage international cultural exchange, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Resources for Entrepreneurs in the Arts to Transform the Economy Act of
2019'' or the ``CREATE Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SUPPORT FOR ARTISTS AND ENTREPRENEURS
Sec. 101. Microloan program expansion.
Sec. 102. SBA business loans for the creative economy.
Sec. 103. SBA technical assistance programs.
Sec. 104. Arts-focused economic development.
Sec. 105. Arts-focused rural development.
Sec. 106. International participation in the arts.
Sec. 107. Disaster support for artists through FEMA.
TITLE II--CREATIVE COMMUNITY DEVELOPMENT
Sec. 201. Artist Corps.
Sec. 202. Demonstration program on support of local programs that
promote creative and performance arts in
local economic planning.
Sec. 203. Creative placemaking activities under the Housing and
Community Development Act of 1974.
TITLE I--SUPPORT FOR ARTISTS AND ENTREPRENEURS
SEC. 101. MICROLOAN PROGRAM EXPANSION.
Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is
amended by adding at the end the following:
``(F) Loan criteria for artists and arts
entrepreneurs.--The Administration, in consultation
with eligible intermediaries, shall develop loan
criteria to ensure that small business concerns owned
and controlled by artists and small business concerns
that support the creative economy receive loan proceeds
under this subsection.''.
SEC. 102. SBA BUSINESS LOANS FOR THE CREATIVE ECONOMY.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following:
``(36) Creative economy.--In providing assistance under
this subsection, the Administration shall develop procedures to
evaluate the business proposals and business plans of small
business concerns that focus on economic development, job
creation, and community growth with respect to the creative
economy.''.
SEC. 103. SBA TECHNICAL ASSISTANCE PROGRAMS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) Technical Assistance Programs for Artists and Arts
Entrepreneurs.--The Administration, in consultation with relevant
stakeholders, shall develop technical assistance programs to be carried
out by small business development centers under this subsection that
target the specific needs of artists and arts entrepreneurs.''.
SEC. 104. ARTS-FOCUSED ECONOMIC DEVELOPMENT.
Title II of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) is amended by adding at the end the following:
``SEC. 219. ARTS-FOCUSED ECONOMIC DEVELOPMENT.
``(a) Definitions.--In this section:
``(1) Business incubation program.--The term `business
incubation program' means a program that--
``(A) accelerates the successful development of
entrepreneurial businesses through business support
resources and services, developed or orchestrated by
incubator management;
``(B) is designed to produce successful businesses;
and
``(C) provides management guidance, technical
assistance, and consulting designed for young, growing
businesses, including by providing--
``(i) rental space and flexible leases;
``(ii) shared basic business services and
equipment;
``(iii) technology support services; and
``(iv) assistance in obtaining financing
necessary for growth of the business.
``(2) Incubator.--The term `incubator' means a multitenant
facility with on-site management that directs a business
incubation program.
``(b) Arts-Focused Economic Development.--In providing grants and
assistance under this Act (including through the local technical
assistance, partnership planning, and comprehensive economic
development strategies programs of the Economic Development
Administration), the Secretary shall provide to artists and the
creative economy support through traditional economic development
tools, including--
``(1) incubators; and
``(2) economic development planning and technical
assistance.''.
SEC. 105. ARTS-FOCUSED RURAL DEVELOPMENT.
The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) is amended by adding at the end the following:
``Subtitle I--Arts-Focused Economic Development
``SEC. 385. ARTS-FOCUSED ECONOMIC DEVELOPMENT.
``(a) Definitions.--In this section:
``(1) Business incubation program.--The term `business
incubation program' means a program that--
``(A) accelerates the successful development of
entrepreneurial businesses through business support
resources and services, developed or orchestrated by
incubator management;
``(B) is designed to produce successful businesses;
and
``(C) provides management guidance, technical
assistance, and consulting designed for young, growing
businesses, including by providing--
``(i) rental space and flexible leases;
``(ii) shared basic business services and
equipment;
``(iii) technology support services; and
``(iv) assistance in obtaining financing
necessary for growth of the business.
``(2) Incubator.--The term `incubator' means a multitenant
facility with on-site management that directs a business
incubation program.
``(b) Arts-Focused Economic Development.--In providing grants and
assistance under this Act (including through the local technical
assistance, partnership planning, and comprehensive economic
development strategies programs of the Office of Rural Development),
the Secretary, acting through the Assistant to the Secretary for Rural
Development, shall provide to artists and the creative economy support
through traditional economic development tools, including--
``(1) incubators; and
``(2) economic development planning and technical
assistance.''.
SEC. 106. INTERNATIONAL PARTICIPATION IN THE ARTS.
Section 214(c)(6)(D) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(6)(D)) is amended--
(1) in the first sentence, by inserting ``(i)'' before
``Any person'';
(2) in the second sentence--
(A) by striking ``Once'' and inserting ``Except as
provided in clause (ii), once''; and
(B) by striking ``Attorney General shall'' and
inserting ``Secretary of Homeland Security shall'';
(3) in the third sentence, by striking ``The Attorney
General'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate each
petition for an alien with extraordinary ability in the arts (as
described in section 101(a)(15)(O)(i)), an alien accompanying such an
alien (as described in section 101(a)(15)(O)(ii)), or an alien
described in section 101(a)(15)(P) (other than an alien described in
section 214(c)(4)(A) (relating to athletes)) not later than 14 days
after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
opportunity to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not adjudicated
by the end of the 14-day period described in clause (ii) and the
petitioner is an arts organization described in paragraph (3), (5), or
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code for the taxable year
preceding the calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such an
organization, the Secretary of Homeland Security shall provide the
petitioner with the premium-processing services referred to in section
286(u), without a fee.''.
SEC. 107. DISASTER SUPPORT FOR ARTISTS THROUGH FEMA.
(a) In General.--The President, acting through the Administrator of
the Federal Emergency Management Agency, shall promulgate rules to
ensure that expenses incurred, as a result of a major disaster or
emergency, by a self-employed or freelance worker to repair or replace
tools, specialized or protective clothing, and equipment required by
the self-employed or freelance worker are considered eligible expenses
for assistance under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174).
(b) Limitations.--The rules promulgated under subsection (a)--
(1) may not require, as a condition of receiving such
assistance under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174), an
applicant--
(A) to apply or be declined for assistance from the
Small Business Administration; or
(B) to demonstrate that assistance received from
the Small Business Administration does not satisfy the
total necessary expenses or serious needs arising out
of a major disaster or emergency; and
(2) shall provide that an applicant may not receive
assistance from the Small Business Administration and under
section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) for the same item.
TITLE II--CREATIVE COMMUNITY DEVELOPMENT
SEC. 201. ARTIST CORPS.
(a) Corps.--Section 122(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12572(a)) is amended by adding at the end the
following:
``(6) Artist corps.--
``(A) In general.--The recipient may carry out
national service programs through an Artist Corps that
identifies and meets unmet needs within communities
through artistic activities such as those described in
subparagraph (B) and improves performance on the
indicators described in subparagraph (C).
``(B) Activities.--An Artist Corps described in
this paragraph may carry out activities such as--
``(i) providing skilled visual and
performance artists to address community needs
through artistic activities in education,
health care, and therapeutic settings, and in
other settings in the community; or
``(ii) providing other artistic activities,
addressing unmet community needs, that the
Corporation may designate, such as providing
technical assistance for grant writing,
marketing, and financial planning for artistic
initiatives.
``(C) Artist corps indicators.--The indicators for
a corps program described in this paragraph are--
``(i) any indicator relating to meeting
critical needs that the Corporation
establishes; or
``(ii) any local indicator (applicable to a
particular recipient or community and on which
an improvement in performance is needed)
relating to meeting critical needs, that is
approved by the Corporation or a State
Commission.''.
(b) Conforming Amendments.--Section 122 of such Act is amended--
(1) in subsection (b)(3), by striking ``or (5)'' and
inserting ``(5), or (6)''; and
(2) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``through (5)'' and inserting
``through (6)''.
SEC. 202. DEMONSTRATION PROGRAM ON SUPPORT OF LOCAL PROGRAMS THAT
PROMOTE CREATIVE AND PERFORMANCE ARTS IN LOCAL ECONOMIC
PLANNING.
(a) Demonstration Program Required.--The Secretary of Commerce
shall establish a demonstration program to assess the feasibility and
advisability of providing support to covered programs to promote
creative and performing arts in the economic planning of local
governments.
(b) Covered Programs.--For purposes of the demonstration program
required by subsection (a), a covered program is any program that--
(1) was in effect on the day before the date of the
enactment of this Act; and
(2) the Secretary of Commerce considers part of an art
community.
SEC. 203. CREATIVE PLACEMAKING ACTIVITIES UNDER THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25) The term `creative placemaking' means an activity
that integrates arts, culture, or design to strengthen
communities by advancing local economic, physical, or social
outcomes.''; and
(2) in section 105(a) (42 U.S.C. 5305(a))--
(A) in paragraph (25)(D), by striking ``and'' at
the end;
(B) in paragraph (26), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(27) activities that support creative placemaking
through--
``(A) partnerships between local governments and
nonprofit cultural organizations for the purpose of
community development; or
``(B) disseminating knowledge about how to leverage
arts and culture as mechanisms for community
development.''.
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