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Title I — Support for Artists and Entrepreneurs

S. 650 · 116th Congress · Mar 5, 2019 · Lineage

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:

“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:

“I Arts-Focused Economic Development

“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.