[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2743 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2743
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
September 14, 2021
Mrs. Blackburn (for herself and Mr. Hagerty) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Music Under Severe Income Crisis
Act''.
SEC. 2. ADDING SERVICE AND SUPPORT COMPANIES TO THE SHUTTERED VENUE
OPERATORS GRANT PROGRAM.
(a) In General.--Section 324 of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act (title III of division N of
Public Law 116-260) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``a service and
support company,'' after ``theatre
operator,'';
(II) in clause (i)--
(aa) in the matter
preceding subclause (I), by
inserting ``the service and
support company,'' after
``theatre operator,''; and
(bb) in subclause (I), by
inserting ``a service and
support company,'' after
``theatre operator,'';
(III) in clause (ii)--
(aa) in subclause (III), by
striking ``and'' at the end;
(bb) in subclause (IV), by
adding ``and'' at the end; and
(cc) by adding at the end
the following:
``(V) the service and support
company is or intends to resume the
services and activities described in
paragraph (11);''; and
(IV) in clause (vi), by inserting
``the service and support company,''
after ``theatre operator,'' each place
that term appears; and
(ii) in subparagraph (B), by inserting
``service and support company,'' after
``theatre operator,'' each place that term
appears; and
(B) by adding at the end the following:
``(11) Service and support company.--The term `service and
support company'--
``(A) means an individual or entity--
``(i) that is assigned a North American
Industry Classification System code of 532490,
541410, 541420, 541430, 541490, 561920, 711190,
711300, or 711320, as appears on the most
recent income tax filing or on the application
for a loan under paragraph (36) or (37) of
section 7(a) of the Small Business Act (15
U.S.C. 636(a)) of the individual or entity, if
applicable; and
``(ii) that--
``(I)(aa) as the principal business
of the individual or entity, provides
stages, lighting, sound, casts, or
other support for live performing arts
events; and
``(bb) for which not less than 70
percent of the earned revenue generated
through providing the support described
in item (aa) is for live performing
arts events organized, promoted,
produced, managed, or hosted by an
eligible person or entity described in
paragraph (1)(A)(iii); or
``(II)(aa) as the principal
business of the individual or entity,
showcases performers or pre-packaged
productions to potential buyers; and
``(bb) for which not less than 70
percent of the earned revenue generated
through showcasing performers or pre-
packaged productions described in item
(aa) is for live performing arts
events--
``(AA) organized, promoted,
produced, managed, or hosted by
an eligible person or entity
described in paragraph
(1)(A)(iii); or
``(BB) hosted in a hotel or
convention center facility;
``(B) includes an individual or entity described in
subparagraph (A) that--
``(i) operates for profit;
``(ii) is a nonprofit organization;
``(iii) is government-owned; or
``(iv) is a corporation, limited liability
company, or partnership or operated as a sole
proprietorship; and
``(C) does not include--
``(i) an individual or entity described in
subparagraph (A) that--
``(I) employs more than 250 full-
time employees; or
``(II) is registered or operates
outside of the United States; or
``(ii) an entity that is majority owned or
controlled by an entity that is an issuer, the
securities of which are listed on a national
securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C.
78f).''; and
(2) in subsection (b)(2)(B), by adding at the end the
following:
``(iii) Priority for awards to service and
support companies.--
``(I) First priority in awarding
grants.--During the initial 14-day
period during which service and support
companies are eligible to receive a
grant under this paragraph, in making
awards to those companies, the
Administrator shall only award grants
to those companies with revenue during
the period beginning on April 1, 2020,
and ending on December 31, 2020, that
is not more than 10 percent of the
revenue of the company during the
period beginning on April 1, 2019, and
ending on December 31, 2019, due to the
COVID-19 pandemic.
``(II) Second priority in awarding
grants.--During the 14-day period
immediately following the 14-day period
described in clause (i), in making
awards to service and support companies
under this paragraph, the Administrator
shall only award grants to those
companies with revenue, during the
period beginning on April 1, 2020, and
ending on December 31, 2020, that is
not more than 30 percent of the revenue
of the company during the period
beginning on April 1, 2019, and ending
on December 31, 2019, due to the COVID-
19 pandemic.''.
(b) Transfer of Amounts From Coronavirus State and Local Fiscal
Recovery Funds to Shuttered Venue Operators Program.--
(1) Rescission.--Of the unobligated balances of amounts
appropriated under sections 602(a)(1) and 603(a) of the Social
Security Act (as added by section 9901 of the American Rescue
Plan Act of 2021 (Public Law 117-2)) on the date of enactment
of this Act, $4,000,000,000 is rescinded, provided that amounts
shall be rescinded from the unobligated balance of amounts
appropriated under such section 602(a)(1) first, and amounts
shall then be rescinded from the unobligated balance of amounts
appropriated under such section 603(a) only if the unobligated
balance of amounts appropriated under such section 602(a)(1) is
less than $4,000,000,000.
(2) Appropriation.--There is appropriated for an additional
amount, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2021, an
amount equal to the amount rescinded under paragraph (1), to
remain available until December 31, 2021, under the heading
``Small Business Administration--Shuttered Venue Operators'',
to make grants to service and support companies under section
324 of the Economic Aid to Hard Hit Small Businesses,
Nonprofits, and Venues Act (title III of division N of Public
Law 116-260), as amended by subsection (a).
(c) Processing Previously Denied Applications.--If a service and
support company, as defined in paragraph (11) of section 324(a) of the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act
(title III of division N of Public Law 116-260), as added by subsection
(a), was denied a grant under such section before the date of enactment
of this Act due to lack of eligibility but, as a result of the
amendments made by subsection (a), is eligible for a grant under such
section, the Administrator of the Small Business Administration shall
reconsider and process the application of the service and support
company.
(d) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall issue regulations to carry out this Act and the
amendments made by this Act without regard to the notice requirements
under section 553(b) of title 5, United States Code.
(e) Sense of Congress.--It is the sense of Congress that the
Administrator of the Small Business Administration should--
(1) issue guidance to ensure that entities whose principal
business is to provide services and support to the live events
industry remain eligible for the program established under
section 324 of the Economic Aid to Hard Hit Small Businesses,
Nonprofits, and Venues Act (title III of division N of Public
Law 116-260); and
(2) distribute funds appropriated for the program described
in paragraph (1) not later than 120 days after the date of
enactment of this Act.
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