II 

117TH CONGRESS 

1ST SESSION S. 3325 

To make companies that support venues and events eligible for grants under 

the shuttered venue operators grant program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2021 

Mrs. BLACKBURN (for herself, Ms. CORTEZ MASTO, Mr. HAGERTY, Ms. KLOBUCHAR, and Mr. WARNOCK) introduced the following bill; which was 

read twice and referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To make companies that support venues and events eligible 

for grants under the shuttered venue operators grant 

program, 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. 

4 This Act may be cited as the ‘‘MUSIC Act’’. 

5 SEC. 2. ADDING SERVICE AND SUPPORT COMPANIES TO 

6 THE SHUTTERED VENUE OPERATORS GRANT 

7 PROGRAM. 

8 (a) IN GENERAL.—Section 324 of the Economic Aid 

9 to Hard-Hit Small Businesses, Nonprofits, and Venues 


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1 Act (title III of division N of Public Law 116–260) is 

2 amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) in the matter preceding clause 

7 (i), by inserting ‘‘a service and sup8 port company,’’ after ‘‘theatre oper9 ator,’’; 

10 (II) in clause (i)— 

11 (aa) in the matter preceding 

12 subclause (I), by inserting ‘‘the 

13 service and support company,’’ 

14 after ‘‘theatre operator,’’; and 

15 (bb) in subclause (I), by in16 serting ‘‘a service and support 

17 company,’’ after ‘‘theatre oper18 ator,’’; 

19 (III) in clause (ii)— 

20 (aa) in subclause (III), by 

21 striking ‘‘and’’ at the end; 

22 (bb) in subclause (IV), by 

23 adding ‘‘and’’ at the end; and 

24 (cc) by adding at the end 

25 the following: 


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1 ‘‘(V) the service and support 

2 company is or intends to resume the 

3 services and activities described in 

4 paragraph (11);’’; and 

5 (IV) in clause (vi), by inserting 

6 ‘‘the service and support company,’’ 

7 after ‘‘theatre operator,’’ each place 

8 that term appears; and 

9 (ii) in subparagraph (B), by inserting 

10 ‘‘service and support company,’’ after ‘‘the11 atre operator,’’ each place that term ap12 pears; and 

13 (B) by adding at the end the following: 

14 ‘‘(11) SERVICE AND SUPPORT COMPANY.—The 

15 term ‘service and support company’— 

16 ‘‘(A) means an individual or entity— 

17 ‘‘(i) that is assigned a North Amer18 ican Industry Classification System code of 

19 532490, 541410, 541420, 541430, 

20 541490, 561920, 711190, 711300, or 

21 711320, as appears on the most recent in22 come tax filing or on the application for a 

23 loan under paragraph (36) or (37) of sec24 tion 7(a) of the Small Business Act (15 


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1 U.S.C. 636(a)) of the individual or entity, 

2 if applicable; and 

3 ‘‘(ii) that— 

4 ‘‘(I)(aa) as the principal business 

5 of the individual or entity, provides 

6 stages, lighting, sound, casts, or other 

7 support for live performing arts 

8 events; and 

9 ‘‘(bb) for which not less than 70 

10 percent of the earned revenue gen11 erated through providing the support 

12 described in item (aa) is for live per13 forming arts events organized, pro14 moted, produced, managed, or hosted 

15 by an eligible person or entity de16 scribed in paragraph (1)(A)(iii); or 

17 ‘‘(II)(aa) as the principal busi18 ness of the individual or entity, show19 cases performers or pre-packaged pro20 ductions to potential buyers; and 

21 ‘‘(bb) for which not less than 70 

22 percent of the earned revenue gen23 erated through showcasing performers 

24 or pre-packaged productions described 


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1 in item (aa) is for live performing arts 

2 events— 

3 ‘‘(AA) organized, promoted, 

4 produced, managed, or hosted by 

5 an eligible person or entity de6 scribed in paragraph (1)(A)(iii); 

7 or 

8 ‘‘(BB) hosted in a hotel or 

9 convention center facility; 

10 ‘‘(B) includes an individual or entity de11 scribed in subparagraph (A) that— 

12 ‘‘(i) operates for profit; 

13 ‘‘(ii) is a nonprofit organization; 

14 ‘‘(iii) is government-owned; or 

15 ‘‘(iv) is a corporation, limited liability 

16 company, or partnership or operated as a 

17 sole proprietorship; and 

18 ‘‘(C) does not include— 

19 ‘‘(i) an individual or entity described 

20 in subparagraph (A) that— 

21 ‘‘(I) employs more than 250 full22 time employees; or 

23 ‘‘(II) is registered or operates 

24 outside of the United States; or 


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1 ‘‘(ii) an entity that is majority owned 

2 or controlled by an entity that is an issuer, 

3 the securities of which are listed on a na4 tional securities exchange under section 6 

5 of the Securities Exchange Act of 1934 

6 (15 U.S.C. 78f).’’; and 

7 (2) in subsection (b)(2)(B), by adding at the 

8 end the following: 

9 ‘‘(iii) PRIORITY FOR AWARDS TO

10 SERVICE AND SUPPORT COMPANIES.— 

11 ‘‘(I) FIRST PRIORITY IN AWARD12 ING GRANTS.—During the initial 14- 

13 day period during which service and 

14 support companies are eligible to re15 ceive a grant under this paragraph, in 

16 making awards to those companies, 

17 the Administrator shall only award 

18 grants to those companies with rev19 enue during the period beginning on 

20 April 1, 2020, and ending on Decem21 ber 31, 2020, that is not more than 

22 10 percent of the revenue of the com23 pany during the period beginning on 

24 April 1, 2019, and ending on DecemVerDate Sep 11 2014 06:10 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3325.IS S3325

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1 ber 31, 2019, due to the COVID–19 

2 pandemic. 

3 ‘‘(II) SECOND PRIORITY IN

4 AWARDING GRANTS.—During the 14- 

5 day period immediately following the 

6 14-day period described in clause (i), 

7 in making awards to service and sup8 port companies under this paragraph, 

9 the Administrator shall only award 

10 grants to those companies with rev11 enue, during the period beginning on 

12 April 1, 2020, and ending on Decem13 ber 31, 2020, that is not more than 

14 30 percent of the revenue of the com15 pany during the period beginning on 

16 April 1, 2019, and ending on Decem17 ber 31, 2019, due to the COVID–19 

18 pandemic.’’. 

19 (b) PROCESSING PREVIOUSLY DENIED APPLICA20 TIONS.—If a service and support company, as defined in 

21 paragraph (11) of section 324(a) of the Economic Aid to 

22 Hard-Hit Small Businesses, Nonprofits, and Venues Act 

23 (title III of division N of Public Law 116–260), as added 

24 by subsection (a), was denied a grant under such section 

25 before the date of enactment of this Act due to lack of 


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1 eligibility but, as a result of the amendments made by sub2 section (a), is eligible for a grant under such section, the 

3 Administrator of the Small Business Administration shall 

4 reconsider and process the application of the service and 

5 support company. 

6 (c) REGULATIONS.—Not later than 30 days after the 

7 date of enactment of this Act, the Administrator of the 

8 Small Business Administration shall issue regulations to 

9 carry out this Act and the amendments made by this Act 

10 without regard to the notice requirements under section 

11 553(b) of title 5, United States Code. 

12 (d) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Administrator of the Small Business Ad14 ministration should— 

15 (1) issue guidance to ensure that entities whose 

16 principal business is to provide services and support 

17 to the live events industry remain eligible for the 

18 program established under section 324 of the Eco19 nomic Aid to Hard-Hit Small Businesses, Non20 profits, and Venues Act (title III of division N of 

21 Public Law 116–260); and 

22 (2) distribute funds appropriated for the pro23 gram described in paragraph (1) not later than 120 

24 days after the date of enactment of this Act. 

Æ 


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