Title: CREATE Act of 2019
Policy area: Commerce

Summary:
Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2019 or the CREATE Act of 2019
This bill expands financial assistance for, and establishes measures to support, the creative economy and art entrepreneurs.
Specifically, the bill requires (1) the Small Business Administration to develop loan criteria, evaluation procedures, and technical assistance programs for small business concerns that are owned by artists and support the creative economy, (2) the Departments of Commerce and Agriculture to ensure that traditional economic development tools, such as business incubators and grant programs, support the arts industry and creative economy, and (3) the Federal Emergency Management Agency to ensure that expenses incurred by a self-employed worker to repair or replace needed tools because of a major disaster are eligible for disaster assistance.
Further, the recipient of a national service program grant is authorized to carry out the program through an Artist Corps that identifies and meets unmet needs in communities through artistic activities.
The bill also requires the Department of Housing and Urban Development to assist activities that support creative placemaking through community development mechanisms and partnerships between local governments and nonprofit cultural organizations.
Commerce shall establish a demonstration program to promote creative and performing arts in the economic planning of local governments.
Finally, the Department of Homeland Security must adjudicate petitions for nonimmigrant visas for aliens with extraordinary ability or achievement, and artists and entertainers, within 14 days after receiving them.

[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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