I 

117TH CONGRESS 

2D SESSION H. R. 6701 

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

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2022 

Mr. SMUCKER (for himself and Mr. CARTER of Louisiana) introduced the 

following bill; which was referred to the Committee on Small Business 

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 

25 in item (aa) is for live events— 


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1 ‘‘(AA) organized, promoted, 

2 produced, managed, or hosted by 

3 an eligible person or entity de4 scribed in paragraph (1)(A)(iii); 

5 or 

6 ‘‘(BB) hosted in a hotel or 

7 convention center facility; 

8 ‘‘(B) includes an individual or entity de9 scribed in subparagraph (A) that— 

10 ‘‘(i) operates for profit; 

11 ‘‘(ii) is a nonprofit organization; 

12 ‘‘(iii) is government-owned; or 

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

14 company, or partnership or operated as a 

15 sole proprietorship; and 

16 ‘‘(C) does not include— 

17 ‘‘(i) an individual or entity described 

18 in subparagraph (A) that— 

19 ‘‘(I) employs more than 250 full20 time employees; or 

21 ‘‘(II) is registered or operates 

22 outside of the United States; or 

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

24 or controlled by an entity that is an issuer, 

25 the securities of which are listed on a naVerDate Sep 11 2014 02:57 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6701.IH H6701

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1 tional securities exchange under section 6 

2 of the Securities Exchange Act of 1934 

3 (15 U.S.C. 78f).’’; and 

4 (2) in subsection (b)(2)(B)— 

5 (A) in clause (iii), by striking ‘‘clauses (i) 

6 and (ii)’’ and inserting ‘‘clauses (i), (ii), and 

7 (v)’’; 

8 (B) in clause (iv), by striking ‘‘clause (i) or 

9 (ii)’’ and inserting ‘‘clause (i), (ii), or (v)’’; and 

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

11 ‘‘(v) PRIORITY FOR AWARDS TO SERV12 ICE AND SUPPORT COMPANIES.— 

13 ‘‘(I) FIRST PRIORITY IN AWARD14 ING GRANTS.—During the initial 14- 

15 day period during which service and 

16 support companies are eligible to re17 ceive a grant under this paragraph, in 

18 making awards to those companies, 

19 the Administrator shall only award 

20 grants to those companies with rev21 enue during the period beginning on 

22 April 1, 2020, and ending on Decem23 ber 31, 2020, that is not more than 

24 10 percent of the revenue of the com25 pany during the period beginning on 


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1 April 1, 2019, and ending on Decem2 ber 31, 2019, due to the COVID–19 

3 pandemic. 

4 ‘‘(II) SECOND PRIORITY IN

5 AWARDING GRANTS.—During the 14- 

6 day period immediately following the 

7 14-day period described in subclause 

8 (I), in making awards to service and 

9 support companies under this para10 graph, the Administrator shall only 

11 award grants to those companies with 

12 revenue, during the period beginning 

13 on April 1, 2020, and ending on De14 cember 31, 2020, that is not more 

15 than 30 percent of the revenue of the 

16 company during the period beginning 

17 on April 1, 2019, and ending on De18 cember 31, 2019, due to the COVID– 

19 19 pandemic.’’. 

20 (b) PROCESSING PREVIOUSLY DENIED APPLICA21 TIONS.—If a service and support company, as defined in 

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

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

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

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


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

2 eligibility but, as a result of the amendments made by sub3 section (a), is eligible for a grant under such section, the 

4 Administrator of the Small Business Administration shall 

5 reconsider and process the application of the service and 

6 support company. 

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

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

9 Small Business Administration shall issue regulations to 

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

11 without regard to the notice requirements under section 

12 553(b) of title 5, United States Code. 

13 (d) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Administrator of the Small Business Ad15 ministration should— 

16 (1) issue guidance to ensure that entities whose 

17 principal business is to provide services and support 

18 to the live events industry remain eligible for the 

19 program established under section 324 of the Eco20 nomic Aid to Hard Hit Small Businesses, Non21 profits, and Venues Act (title III of division N of 

22 Public Law 116–260); and 


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1 (2) distribute funds appropriated for the pro2 gram described in paragraph (1) not later than 120 

3 days after the date of enactment of this Act. 

Æ 


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