II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Comprehensive Resources for Entrepreneurs in the Arts 

6 to Transform the Economy Act of 2019’’ or the ‘‘CRE7 ATE Act of 2019’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 TITLE I—SUPPORT FOR ARTISTS 

2 AND ENTREPRENEURS 

3 SEC. 101. MICROLOAN PROGRAM EXPANSION. 

4 Section 7(m)(6) of the Small Business Act (15 

5 U.S.C. 636(m)(6)) is amended by adding at the end the 

6 following: 

7 ‘‘(F) LOAN CRITERIA FOR ARTISTS AND

8 ARTS ENTREPRENEURS.—The Administration, 

9 in consultation with eligible intermediaries, 

10 shall develop loan criteria to ensure that small 

11 business concerns owned and controlled by art12 ists and small business concerns that support 

13 the creative economy receive loan proceeds 

14 under this subsection.’’. 

15 SEC. 102. SBA BUSINESS LOANS FOR THE CREATIVE ECON16 OMY. 

17 Section 7(a) of the Small Business Act (15 U.S.C. 

18 636(a)) is amended by adding at the end the following: 


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1 ‘‘(36) CREATIVE ECONOMY.—In providing as2 sistance under this subsection, the Administration 

3 shall develop procedures to evaluate the business 

4 proposals and business plans of small business con5 cerns that focus on economic development, job cre6 ation, and community growth with respect to the 

7 creative economy.’’. 

8 SEC. 103. SBA TECHNICAL ASSISTANCE PROGRAMS. 

9 Section 21 of the Small Business Act (15 U.S.C. 648) 

10 is amended by adding at the end the following: 

11 ‘‘(o) TECHNICAL ASSISTANCE PROGRAMS FOR ART12 ISTS AND ARTS ENTREPRENEURS.—The Administration, 

13 in consultation with relevant stakeholders, shall develop 

14 technical assistance programs to be carried out by small 

15 business development centers under this subsection that 

16 target the specific needs of artists and arts entre17 preneurs.’’. 

18 SEC. 104. ARTS-FOCUSED ECONOMIC DEVELOPMENT. 

19 Title II of the Public Works and Economic Develop20 ment Act of 1965 (42 U.S.C. 3141 et seq.) is amended 

21 by adding at the end the following: 

22 ‘‘SEC. 219. ARTS-FOCUSED ECONOMIC DEVELOPMENT. 

23 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) BUSINESS INCUBATION PROGRAM.—The 

2 term ‘business incubation program’ means a pro3 gram that— 

4 ‘‘(A) accelerates the successful develop5 ment of entrepreneurial businesses through 

6 business support resources and services, devel7 oped or orchestrated by incubator management; 

8 ‘‘(B) is designed to produce successful 

9 businesses; and 

10 ‘‘(C) provides management guidance, tech11 nical assistance, and consulting designed for 

12 young, growing businesses, including by pro13 viding— 

14 ‘‘(i) rental space and flexible leases; 

15 ‘‘(ii) shared basic business services 

16 and equipment; 

17 ‘‘(iii) technology support services; and 

18 ‘‘(iv) assistance in obtaining financing 

19 necessary for growth of the business. 

20 ‘‘(2) INCUBATOR.—The term ‘incubator’ means 

21 a multitenant facility with on-site management that 

22 directs a business incubation program. 

23 ‘‘(b) ARTS-FOCUSED ECONOMIC DEVELOPMENT.—In 

24 providing grants and assistance under this Act (including 

25 through the local technical assistance, partnership planVerDate Sep 11 2014 04:05 Mar 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S650.IS S650

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1 ning, and comprehensive economic development strategies 

2 programs of the Economic Development Administration), 

3 the Secretary shall provide to artists and the creative 

4 economy support through traditional economic develop5 ment tools, including— 

6 ‘‘(1) incubators; and 

7 ‘‘(2) economic development planning and tech8 nical assistance.’’. 

9 SEC. 105. ARTS-FOCUSED RURAL DEVELOPMENT. 

10 The Consolidated Farm and Rural Development Act 

11 (7 U.S.C. 1921 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘Subtitle I—Arts-Focused 

14 Economic Development 

15 ‘‘SEC. 385. ARTS-FOCUSED ECONOMIC DEVELOPMENT. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) BUSINESS INCUBATION PROGRAM.—The 

18 term ‘business incubation program’ means a pro19 gram that— 

20 ‘‘(A) accelerates the successful develop21 ment of entrepreneurial businesses through 

22 business support resources and services, devel23 oped or orchestrated by incubator management; 

24 ‘‘(B) is designed to produce successful 

25 businesses; and 


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1 ‘‘(C) provides management guidance, tech2 nical assistance, and consulting designed for 

3 young, growing businesses, including by pro4 viding— 

5 ‘‘(i) rental space and flexible leases; 

6 ‘‘(ii) shared basic business services 

7 and equipment; 

8 ‘‘(iii) technology support services; and 

9 ‘‘(iv) assistance in obtaining financing 

10 necessary for growth of the business. 

11 ‘‘(2) INCUBATOR.—The term ‘incubator’ means 

12 a multitenant facility with on-site management that 

13 directs a business incubation program. 

14 ‘‘(b) ARTS-FOCUSED ECONOMIC DEVELOPMENT.—In 

15 providing grants and assistance under this Act (including 

16 through the local technical assistance, partnership plan17 ning, and comprehensive economic development strategies 

18 programs of the Office of Rural Development), the Sec19 retary, acting through the Assistant to the Secretary for 

20 Rural Development, shall provide to artists and the cre21 ative economy support through traditional economic devel22 opment tools, including— 

23 ‘‘(1) incubators; and 

24 ‘‘(2) economic development planning and tech25 nical assistance.’’. 


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1 SEC. 106. INTERNATIONAL PARTICIPATION IN THE ARTS. 

2 Section 214(c)(6)(D) of the Immigration and Nation3 ality Act (8 U.S.C. 1184(c)(6)(D)) is amended— 

4 (1) in the first sentence, by inserting ‘‘(i)’’ be5 fore ‘‘Any person’’; 

6 (2) in the second sentence— 

7 (A) by striking ‘‘Once’’ and inserting ‘‘Ex8 cept as provided in clause (ii), once’’; and 

9 (B) by striking ‘‘Attorney General shall’’ 

10 and inserting ‘‘Secretary of Homeland Security 

11 shall’’; 

12 (3) in the third sentence, by striking ‘‘The At13 torney General’’ and inserting ‘‘The Secretary’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(ii) The Secretary of Homeland Security shall adju16 dicate each petition for an alien with extraordinary ability 

17 in the arts (as described in section 101(a)(15)(O)(i)), an 

18 alien accompanying such an alien (as described in section 

19 101(a)(15)(O)(ii)), or an alien described in section 

20 101(a)(15)(P) (other than an alien described in section 

21 214(c)(4)(A) (relating to athletes)) not later than 14 days 

22 after— 

23 ‘‘(I) the date on which the petitioner submits 

24 the petition with a written advisory opinion, letter of 

25 no objection, or request for a waiver; or 


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1 ‘‘(II) the date on which the 15-day period de2 scribed in clause (i) has expired, if the petitioner has 

3 had an opportunity to supply rebuttal evidence. 

4 ‘‘(iii) If a petition described in clause (ii) is not adju5 dicated by the end of the 14-day period described in clause 

6 (ii) and the petitioner is an arts organization described 

7 in paragraph (3), (5), or (6) of section 501(c) of the Inter8 nal Revenue Code of 1986 and exempt from tax under 

9 section 501(a) of such Code for the taxable year preceding 

10 the calendar year in which the petition is submitted, or 

11 an individual or entity petitioning primarily on behalf of 

12 such an organization, the Secretary of Homeland Security 

13 shall provide the petitioner with the premium-processing 

14 services referred to in section 286(u), without a fee.’’. 

15 SEC. 107. DISASTER SUPPORT FOR ARTISTS THROUGH 

16 FEMA. 

17 (a) IN GENERAL.—The President, acting through the 

18 Administrator of the Federal Emergency Management 

19 Agency, shall promulgate rules to ensure that expenses in20 curred, as a result of a major disaster or emergency, by 

21 a self-employed or freelance worker to repair or replace 

22 tools, specialized or protective clothing, and equipment re23 quired by the self-employed or freelance worker are consid24 ered eligible expenses for assistance under section 408 of 


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1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5174). 

3 (b) LIMITATIONS.—The rules promulgated under 

4 subsection (a)— 

5 (1) may not require, as a condition of receiving 

6 such assistance under section 408 of the Robert T. 

7 Stafford Disaster Relief and Emergency Assistance 

8 Act (42 U.S.C. 5174), an applicant— 

9 (A) to apply or be declined for assistance 

10 from the Small Business Administration; or 

11 (B) to demonstrate that assistance received 

12 from the Small Business Administration does 

13 not satisfy the total necessary expenses or seri14 ous needs arising out of a major disaster or 

15 emergency; and 

16 (2) shall provide that an applicant may not re17 ceive assistance from the Small Business Adminis18 tration and under section 408 of the Robert T. Staf19 ford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5174) for the same item. 


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1 TITLE II—CREATIVE 

2 COMMUNITY DEVELOPMENT 

3 SEC. 201. ARTIST CORPS. 

4 (a) CORPS.—Section 122(a) of the National and 

5 Community Service Act of 1990 (42 U.S.C. 12572(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(6) ARTIST CORPS.— 

8 ‘‘(A) IN GENERAL.—The recipient may 

9 carry out national service programs through an 

10 Artist Corps that identifies and meets unmet 

11 needs within communities through artistic ac12 tivities such as those described in subparagraph 

13 (B) and improves performance on the indicators 

14 described in subparagraph (C). 

15 ‘‘(B) ACTIVITIES.—An Artist Corps de16 scribed in this paragraph may carry out activi17 ties such as— 

18 ‘‘(i) providing skilled visual and per19 formance artists to address community 

20 needs through artistic activities in edu21 cation, health care, and therapeutic set22 tings, and in other settings in the commu23 nity; or 

24 ‘‘(ii) providing other artistic activities, 

25 addressing unmet community needs, that 


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1 the Corporation may designate, such as 

2 providing technical assistance for grant 

3 writing, marketing, and financial planning 

4 for artistic initiatives. 

5 ‘‘(C) ARTIST CORPS INDICATORS.—The in6 dicators for a corps program described in this 

7 paragraph are— 

8 ‘‘(i) any indicator relating to meeting 

9 critical needs that the Corporation estab10 lishes; or 

11 ‘‘(ii) any local indicator (applicable to 

12 a particular recipient or community and on 

13 which an improvement in performance is 

14 needed) relating to meeting critical needs, 

15 that is approved by the Corporation or a 

16 State Commission.’’. 

17 (b) CONFORMING AMENDMENTS.—Section 122 of 

18 such Act is amended— 

19 (1) in subsection (b)(3), by striking ‘‘or (5)’’ 

20 and inserting ‘‘(5), or (6)’’; and 

21 (2) in subsection (c)(1), in the matter preceding 

22 subparagraph (A), by striking ‘‘through (5)’’ and in23 serting ‘‘through (6)’’. 


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1 SEC. 202. DEMONSTRATION PROGRAM ON SUPPORT OF 

2 LOCAL PROGRAMS THAT PROMOTE CRE3 ATIVE AND PERFORMANCE ARTS IN LOCAL 

4 ECONOMIC PLANNING. 

5 (a) DEMONSTRATION PROGRAM REQUIRED.—The 

6 Secretary of Commerce shall establish a demonstration 

7 program to assess the feasibility and advisability of pro8 viding support to covered programs to promote creative 

9 and performing arts in the economic planning of local gov10 ernments. 

11 (b) COVERED PROGRAMS.—For purposes of the dem12 onstration program required by subsection (a), a covered 

13 program is any program that— 

14 (1) was in effect on the day before the date of 

15 the enactment of this Act; and 

16 (2) the Secretary of Commerce considers part 

17 of an art community. 

18 SEC. 203. CREATIVE PLACEMAKING ACTIVITIES UNDER 

19 THE HOUSING AND COMMUNITY DEVELOP20 MENT ACT OF 1974. 

21 Title I of the Housing and Community Development 

22 Act of 1974 (42 U.S.C. 5301 et seq.) is amended— 

23 (1) in section 102(a) (42 U.S.C. 5302(a)), by 

24 adding at the end the following: 

25 ‘‘(25) The term ‘creative placemaking’ means 

26 an activity that integrates arts, culture, or design to 


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1 strengthen communities by advancing local eco2 nomic, physical, or social outcomes.’’; and 

3 (2) in section 105(a) (42 U.S.C. 5305(a))— 

4 (A) in paragraph (25)(D), by striking 

5 ‘‘and’’ at the end; 

6 (B) in paragraph (26), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(27) activities that support creative placemak10 ing through— 

11 ‘‘(A) partnerships between local govern12 ments and nonprofit cultural organizations for 

13 the purpose of community development; or 

14 ‘‘(B) disseminating knowledge about how 

15 to leverage arts and culture as mechanisms for 

16 community development.’’. 

Æ 


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