[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6569 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6569
To promote and support the local arts and creative economy in the
United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2022
Ms. Pingree introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committees on
Energy and Commerce, Transportation and Infrastructure, Financial
Services, the Judiciary, Veterans' Affairs, Ways and Means, and Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote and support the local arts and creative economy in the
United States.
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 ``Promoting Local
Arts and Creative Economy Workforce Act of 2022'' or the ``PLACE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FINDINGS AND DEFINITIONS
Sec. 101. Findings.
Sec. 102. Definitions.
TITLE II--CREATIVE WORKFORCE ADVANCEMENT
Sec. 201. Department of Labor.
Sec. 202. Department of Education.
Sec. 203. Economic Development Administration programs.
Sec. 204. Creative jobs training through Bureau of Prisons reentry and
skills development programs.
Sec. 205. Grants relating to the creative economy.
Sec. 206. Promotion for veterans with service-connected disabilities of
job training and resources in creative
industries and occupations.
Sec. 207. Disaster assistance for creative industry workers through
FEMA.
Sec. 208. Department of Health and Human Services.
Sec. 209. Disaster unemployment assistance.
TITLE III--TAX INCENTIVES
Sec. 301. Tax incentives.
TITLE IV--CULTURAL TRADE PROMOTION
Sec. 401. Promotion by Export-Import Bank of the United States of
exports by creative industries and
occupations.
Sec. 402. Promotion of exports from creative industries and
occupations.
Sec. 403. Collaboration to improve access to reliable international
shipping services.
Sec. 404. Demonstration program to promote use of creative industries
and occupations in certain economic
planning.
Sec. 405. Trade and Development Agency.
TITLE V--FEDERAL SUPPORT FOR THE CREATIVE ECONOMY
Sec. 501. Collaboration.
Sec. 502. Creative Economy Advisory Board.
Sec. 503. Travel and Tourism Advisory Board.
Sec. 504. Federal Council on the Arts and Humanities.
Sec. 505. Art in Architecture program funding.
Sec. 506. Office of Readiness, Recovery, and Resilience.
TITLE I--FINDINGS AND DEFINITIONS
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The United States economy has changed rapidly as
automation, artificial intelligence, digital technologies, and
modern information and communication systems have transformed
the way people in the United States work, live, and interact.
(2) The United States must establish policies and create
programs capable of responding to changing economic realities.
(3) The United States must develop strategies to maximize
current assets and help grow a United States economy and
workforce that can thrive in a challenging environment of
constant change and reinvention.
(4) The Nation needs to strengthen and improve Federal
support for a Next Generation economy and workforce.
(5) The United States must explore sustainable strategies
to create jobs that will endure, will remain reliant on a local
workforce, and are unlikely to move overseas.
(6) There is great value and untapped potential in the
Nation's rich history, the creative freedoms enjoyed by its
people, and the many cultures and traditions that make the
United States so unique.
(7) Promoting local arts and enhancing the creative economy
of the United States would support the Nation's diverse
citizenry, rich traditions, and vast creative talents,
including the unique history and continuing vitality of Native
American communities.
(8) The United States must embrace the opportunities and
challenges the country faces and reimagine the role of the
Federal Government in providing support for local arts activity
and expanding the creative economy.
(9) The United States needs to engage workers from around
the Nation to develop, hone, and share expressions of their
cultural heritage, including languages, creative
collaborations, and artistic skills.
(10) The Nation needs to recognize that there is a broad
range of undervalued and underutilized human potential in the
United States, and the existence of that human potential has
profound social, economic, and workforce ramifications.
(11) Securing the future well-being of individuals,
families, communities, and the Nation will depend in part on
adopting Federal policies that will increase support for the
creative economy.
(12) The Nation needs to improve creative workforce
readiness and develop an education and job training plan,
including a plan for education and training through specialized
vocational schools and apprenticeship programs, to ensure that
individuals of all ages in the United States can realize their
full creative potential now and in the future.
(13) Investing in a creative economy workforce would help
showcase the Nation's creative arts, strengthen its capacity
for job growth, promote economic inclusion, boost
entrepreneurship, improve and revitalize rural, remote, and
underserved areas, and empower communities to share their
stories.
SEC. 102. DEFINITIONS.
In this Act:
(1) Creative industry or occupation.--The term ``creative
industry or occupation'' means--
(A) an industry that--
(i) has a substantial current or potential
impact (including through positions that lead
to economic self-sufficiency and opportunities
for advancement) on a State, regional, or local
economy or a Native American community's
economy, as appropriate; and
(ii) contributes to the growth of
businesses or nonprofit organizations that have
their origin in individual creativity, skill,
and talent, including businesses or nonprofit
organizations focused on design, crafts, music,
visual and media arts, performing arts,
language, literature, or expressions of Native
cultures or regional or local heritage culture;
and
(B) an occupation that--
(i) currently has or is projected to have a
number of positions (including positions that
lead to economic self-sufficiency and
opportunities for advancement) in an industry
sector so as to have a substantial potential
impact on a State, regional, or local economy
or a Native American community's economy, as
appropriate; and
(ii) is comprised of--
(I) businesses or nonprofit
organizations described in subparagraph
(A)(ii); or
(II) individuals who are self-
employed or sole proprietors and whose
work has an origin in individual
creativity, skill, and talent,
including a focus on design, crafts,
music, visual arts, media arts,
performing arts, language, literature,
or expressions of Native cultures or
regional or local heritage culture.
(2) Native american.--The term ``Native American'', used
with respect to culture, means the culture of a Native
American, as defined in section 103 of the Native American
Languages Act (25 U.S.C. 2902).
TITLE II--CREATIVE WORKFORCE ADVANCEMENT
SEC. 201. DEPARTMENT OF LABOR.
(a) Workforce Innovation and Opportunity Act.--
(1) Definition.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is amended by adding at the
end the following:
``(72) Creative industry or occupation.--The term `creative
industry or occupation' has the meaning given the term in
section 102 of the PLACE Act.''.
(2) Unified state plans.--Section 102(b)(1)(A) of such Act
(29 U.S.C. 3112(b)(1)(A)) is amended--
(A) in clause (i), by striking ``occupations;'' and
inserting ``occupations, and creative industries and
occupations;''; and
(B) in clause (ii), by striking ``those industries
and occupations'' and ``the sectors, industries, and
occupations described in clause (i)''.
(3) Regional coordination.--Section 106(c)(1)(C) of such
Act (29 U.S.C. 3121(c)(1)(C)) is amended by striking
``occupations'' and inserting ``occupations, and regional
creative industries and occupations,''.
(4) Local plans.--Section 108(b)(1)(B) of such Act (29
U.S.C. 3123(b)(1)(B)) is amended by striking ``occupations;''
and inserting ``occupations, and creative industries and
occupations;''.
(5) Native american programs.--Section 166(d)(2)(A)(i) of
such Act (29 U.S.C. 3221(d)(2)(A)(i)) is amended by inserting
``development of skills relating to creative industries or
occupations and'' before ``training on''.
(6) National dislocated worker grants.--Section 170 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3225) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``or'' at the end;
(II) in subparagraph (B), by
striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the
following:
``(C) for purposes of assistance provided under
subsection (b)(1)(E), an opioid crisis, as declared by
the Secretary after consultation with the Secretary of
Health and Human Services.''; and
(ii) by adding at the end the following:
``(3) Dislocated worker.--
``(A) In general.--The term `dislocated worker'
means--
``(i) a dislocated worker, as defined in
section 3; and
``(ii) for purposes of assistance provided
under subsection (b)(1)(E), a recovering
individual.
``(B) Recovering individual.--The term `recovering
individual' means an individual who--
``(i) left employment, or has never been
employed, due mainly to opioid use; and
``(ii)(I) has successfully completed a
supervised drug rehabilitation program for
opioid use and is no longer engaging in the
illegal use of opioids, or has otherwise been
rehabilitated successfully and is no longer
engaging in such illegal use;
``(II) is participating in a supervised
rehabilitation program and is no longer
engaging in such illegal use; or
``(III) is erroneously regarded as engaging
in such illegal use, but is not engaging in
such illegal use.''; and
(B) in subsection (b)(1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) to provide employment and training assistance
in a creative industry or occupation, in an area where
an opioid crisis has been declared, as described in
subsection (a)(1)(C).''.
(b) Creative Economy Grant Program.--
(1) In general.--The Secretary of Labor, acting through the
Assistant Secretary for Employment and Training, shall make
grants to eligible entities to enable those eligible entities
to provide wage subsidies for individuals in a creative
industry or occupation.
(2) Eligible entity.--
(A) In general.--To be eligible to receive such a
grant, an entity shall be a business (including a
nonprofit organization) that--
(i) is engaged in a creative industry or
occupation and has its origin in individual
creativity, skill, and talent, including
focusing on design, crafts, music, visual arts,
media arts, performing arts, language,
literature, or expressions of Native cultures
or regional or local heritage culture; and
(ii) has fewer than 500 full-time
equivalent employees, as determined in
accordance with subparagraph (B).
(B) Full-time equivalent basis.--For purposes of
determining the number of full-time equivalent
employees under subparagraph (A)(ii)--
(i) any employee working not fewer than 30
hours per week shall be considered a full-time
employee; and
(ii) any employee working not fewer than 10
hours and fewer than 30 hours per week shall be
counted as one-half of a full-time employee.
(3) Application.--To be eligible to receive such a grant,
an entity shall submit an application to the Secretary of Labor
at such time, in such manner, and containing such information
as the Secretary may require.
(4) Use of funds.--An entity that receives a grant under
this section shall use the grant funds to provide wage
subsidies for any individual who earns income through creative,
cultural, or artistic-based pursuits to produce ideas, content,
goods, or services, without regard for the employment status of
the individual.
SEC. 202. DEPARTMENT OF EDUCATION.
(a) Corrections Education.--Section 225(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3305(b)) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) education that relates to a creative industry or
occupation (as defined in section 102 of the Promoting Local
Arts and Creative Economy Workforce Act of 2022);''.
(b) Adult Education.--Section 203 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) gain education or skills relating to a
creative industry or occupation (as defined in section
102 of the Promoting Local Arts and Creative Economy
Workforce Act of 2022)''; and
(2) in paragraph (2), by inserting ``skills relating to a
creative industry or occupation (as defined in section 102 of
the Promoting Local Arts and Creative Economy Workforce Act of
2022)'' before ``or integrated education and training''.
(c) Career and Technical Education.--Section 3(5) of the Career and
Technical Education Act of 2006 (20 U.S.C. 2302(5)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) may be related to a creative industry or
occupation (as defined in section 102 of the Promoting
Local Arts and Creative Economy Workforce Act of
2022).''.
(d) Work Study.--Section 443 of the Higher Education Act of 1965
(20 U.S.C. 1087-53) is amended by adding at the end the following:
``(f) Creative Industry or Occupation.--
``(1) In general.--Funds granted to an institution under
this section may be used to compensate (including compensation
for time spent in training and travel directly related to
relevant activities) students employed in projects that support
a creative industry or occupation (as defined in section 102 of
the Promoting Local Arts and Creative Economy Workforce Act of
2022).
``(2) Federal share.--The Federal share of the compensation
of work-study students compensated under this subsection may
exceed 75 percent.''.
(e) Elementary and Secondary Education.--Section 4642(a)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7292(a)(1))
is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) workforce training for a creative industry or
occupation (as defined in section 102 of the Promoting
Local Arts and Creative Economy Workforce Act of
2022);''.
SEC. 203. ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS.
(a) Creative Economy Apprenticeship and Internship Grants.--Title
II of the Public Works and Economic Development Act of 1965 is amended
by inserting after section 207 (42 U.S.C. 3147) the following:
``SEC. 208. CREATIVE ECONOMY APPRENTICESHIP AND INTERNSHIP GRANTS.
``(a) Definitions.--In this section:
``(1) Apprenticeship program.--The term `apprenticeship
program' means a program under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act') (50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.), to provide workforce
training relating to a creative industry or occupation.
``(2) Creative industry or occupation.--The term `creative
industry or occupation' has the meaning given the term in
section 102 of the Promoting Local Arts and Creative Economy
Workforce Act of 2022.
``(3) Eligible entity.--The term `eligible entity' means an
eligible entity as determined by the Secretary.
``(4) Internship program.--The term `internship program'
means a paid internship program to provide workforce training
relating to a creative industry or occupation that is conducted
in accordance with such regulations and policies relating to
paid internships as the Secretary of Labor may promulgate.
``(b) Apprenticeship Programs.--
``(1) Establishment.--The Secretary shall establish a
program, to be known as the `Creative Economy Apprenticeship
Grant Program', under which the Secretary shall provide to
eligible entities grants, on a competitive basis, for use in
accordance with paragraph (3).
``(2) Applications.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(B) Determination by secretary.--
``(i) In general.--The Secretary shall
determine whether to approve or disapprove an
application submitted under subparagraph (A) by
not later than 90 days after the date of
receipt of the application.
``(ii) Action on approval.--On approval by
the Secretary of an application under clause
(i), the Secretary shall provide to the
applicable eligible entity a grant in
accordance with paragraph (4).
``(iii) Action on disapproval.--On
disapproval by the Secretary of an application
under clause (i), the Secretary shall provide
to the applicable eligible entity--
``(I) a notice of the disapproval,
including a description of the reasons
for the disapproval; and
``(II) an opportunity to remedy any
deficiency identified by the Secretary
under subclause (I) by submitting to
the Secretary a revised application by
not later than 30 days after the date
of the disapproval.
``(3) Use of funds.--An eligible entity shall use a grant
provided under this subsection to carry out an apprenticeship
program.
``(4) Allocation.--Of the amounts made available to carry
out this subsection for each fiscal year, the Secretary shall
allocate to each eligible entity the application of which is
approved under paragraph (2) during that fiscal year an amount
based on the proportion that--
``(A) the number of individuals served by the
apprenticeship program of the eligible entity; bears to
``(B) the total number of individuals served by the
apprenticeship programs of all eligible entities that
receive assistance under this subsection for the fiscal
year.
``(c) Internship Programs.--
``(1) Establishment.--The Secretary shall establish a
program, to be known as the `Creative Economy Internship Grant
Program', under which the Secretary shall provide to eligible
entities grants, on a competitive basis, for use in accordance
with paragraph (3).
``(2) Applications.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(B) Determination by secretary.--
``(i) In general.--The Secretary shall
determine whether to approve or disapprove an
application submitted under subparagraph (A) by
not later than 90 days after the date of
receipt of the application.
``(ii) Action on approval.--On approval by
the Secretary of an application under clause
(i), the Secretary shall provide to the
applicable eligible entity a grant in
accordance with paragraph (4).
``(iii) Action on disapproval.--On
disapproval by the Secretary of an application
under clause (i), the Secretary shall provide
to the applicable eligible entity--
``(I) a notice of the disapproval,
including a description of the reasons
for the disapproval; and
``(II) an opportunity to remedy any
deficiency identified by the Secretary
under subclause (I) by submitting to
the Secretary a revised application by
not later than 30 days after the date
of the disapproval.
``(3) Use of funds.--An eligible entity shall use a grant
provided under this subsection to carry out an internship
program.
``(4) Allocation.--Of the amounts made available to carry
out this subsection for each fiscal year, the Secretary shall
allocate to each eligible entity the application of which is
approved under paragraph (2) during that fiscal year an amount
based on the proportion that--
``(A) the number of individuals served by the
internship program of the eligible entity; bears to
``(B) the total number of individuals served by the
internship programs of all eligible entities that
receive assistance under this subsection for the fiscal
year.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''.
(b) Grants for Economic Adjustment.--Section 209(c)(5) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3149(c)(5)) is amended by inserting ``, including through the promotion
of creative industries and occupations (as defined in section 102 of
the Promoting Local Arts and Creative Economy Workforce Act of 2022)''
before the period at the end.
SEC. 204. CREATIVE JOBS TRAINING THROUGH BUREAU OF PRISONS REENTRY AND
SKILLS DEVELOPMENT PROGRAMS.
Section 231(a) of the Second Chance Act of 2007 (34 U.S.C.
60541(a)) is amended by adding at the end the following:
``(3) Ensuring that reentry and skills development programs
for prisoners include skills training for jobs in creative
industries and occupations, as defined in section 102 of the
Promoting Local Arts and Creative Economy Workforce Act of
2022.''.
SEC. 205. GRANTS RELATING TO THE CREATIVE ECONOMY.
To the extent practicable, grant programs relating to economic
development administered by the Department of Health and Human
Services, Commissioner of the Administration for Native Americans, or
the head of an agency with assets or resources relating to workforce
development, may be used to support efforts to provide workforce
training related to the creative economy (as defined in section 102 of
the Promoting Local Arts and Creative Economy Workforce Act of 2022).
SEC. 206. PROMOTION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES OF
JOB TRAINING AND RESOURCES IN CREATIVE INDUSTRIES AND
OCCUPATIONS.
Section 3116 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(c) In carrying out this section, the Secretary shall assist in
making available and promote job training and resources that--
``(1) are provided by nonprofit organizations, educational
institutions, Native American (as defined in section 3765 of
this title) governments and organizations, and Federal, State,
and local governments; and
``(2) relate to creative industries and occupations, as
defined in section 102 of the Promoting Local Arts and Creative
Economy Workforce Act of 2022.''.
SEC. 207. DISASTER ASSISTANCE FOR CREATIVE INDUSTRY WORKERS 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 or worker in a
creative microenterprise, including those workers whose work focuses on
design, crafts, music, visual arts, media arts, performing arts,
language, literature, and expressions of Native American culture and
local or regional heritage culture, to repair or replace tools needed
by the self-employed or freelance worker or worker in a creative
microenterprise 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) Requirement.--The rules promulgated under subsection (a) 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--
(1) to apply or be declined for assistance from the Small
Business Administration; or
(2) 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.
SEC. 208. DEPARTMENT OF HEALTH AND HUMAN SERVICES.
The Administration for Native Americans of the Department of Health
and Human Services shall, in carrying out job training programs,
including under the Native American Programs Act of 1974 (42 U.S.C.
2991 et seq.), include training for creative industries and
occupations.
SEC. 209. DISASTER UNEMPLOYMENT ASSISTANCE.
The Administrator of the Federal Emergency Management Agency shall
amend the regulations implementing the disaster unemployment assistance
program authorized under section 410 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5177) to ensure that--
(1) the assistance amount for a self-employed worker is
calculated based on the business receipts of the self-employed
worker rather than net profit; and
(2) the assistance amount is not calculated by counting
gross receipts of a self-employed worker against the net profit
of the self-employed worker.
TITLE III--TAX INCENTIVES
SEC. 301. TAX INCENTIVES.
(a) New Markets Tax Credit and Guidelines for Qualified Community
Development Entities.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury shall issue
guidelines for the creation and operation of community development
entities focused on the creative industries or occupations, which would
allow such entities to be treated as qualified community development
entities for purposes of section 45D(c) of the Internal Revenue Code of
1986.
(b) Work Opportunity Credit for Hiring Certain Displaced Workers.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subparagraph (I), by striking the period at the end
of subparagraph (J) and inserting ``, or'', and by adding at
the end the following new subparagraph:
``(K) a qualified displaced worker.''.
(2) Qualified displaced worker.--Subsection (d) of section
51 of such Code is amended by adding at the end the following
new paragraph:
``(16) Qualified displaced worker.--The term `qualified
displaced worker' means an individual who, immediately before
beginning work for the employer--
``(A) is an eligible TAA recipient (as defined in
section 35(c)(2)),
``(B) is an eligible alternative TAA recipient (as
defined in section 35(c)(3)), or
``(C) is eligible for employment and training
activities for dislocated workers under chapter 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3171 et seq.) or assistance
under section 170 of such Act (29 U.S.C. 3225).''.
(3) Effective date.--The amendments made by this subsection
shall apply to individuals beginning work for the employer
after the date of the enactment of this Act.
(c) Above-the-Line Deduction of Expenses of Performing Artists.--
(1) In general.--Section 62(a)(2)(B) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``performing artists.--The
deductions'' and inserting ``performing artists.--
``(i) In general.--The deductions'', and
(B) by adding at the end the following new clauses:
``(ii) Phaseout.--The amount of expenses
taken into account under clause (i) shall be
reduced (but not below zero) by 10 percentage
points for each $2,000 ($4,000 in the case of a
joint return), or fraction thereof, by which
the taxpayer's adjusted gross income
(determined without regard to this
subparagraph) for the taxable year exceeds
$100,000 (200 percent of such amount in the
case of a joint return).
``(iii) Cost-of-living adjustment.--In the
case of any taxable year beginning in a
calendar year after 2021, the $100,000 amount
under clause (ii) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2020' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount after adjustment under the
preceding sentence is not a multiple of $1,000,
such amount shall be rounded to the nearest
multiple of $1,000.''.
(2) Clarification regarding commission paid to performing
artist's manager or agent.--Section 62(a)(2)(B)(i) of such
Code, as amended by subsection (a), is amended by inserting
before the period at the end the following: ``, including any
commission paid to the performing artist's manager or agent''.
(3) Conforming amendments.--
(A) Section 62(a)(2)(B)(i) of such Code, as amended
by this subsection, is further amended by striking ``by
him'' and inserting ``by the performing artist''.
(B) Section 62(b)(1) of such Code is amended by
inserting ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and
inserting a period, and by striking subparagraph (C).
(4) Effective date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
(d) Charitable Contributions of Certain Items Created by the
Taxpayer.--
(1) In general.--Subsection (e) of section 170 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(8) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(2) Effective date.--The amendment made by this subsection
shall apply to contributions made after the date of the
enactment of this Act in taxable years ending after such date.
TITLE IV--CULTURAL TRADE PROMOTION
SEC. 401. PROMOTION BY EXPORT-IMPORT BANK OF THE UNITED STATES OF
EXPORTS BY CREATIVE INDUSTRIES AND OCCUPATIONS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(N)(i) The Bank shall--
``(I) undertake efforts to enhance the Bank's capacity to
provide information about the Bank's programs to creative
industries or occupations that have not previously participated
in the Bank's programs; and
``(II) promote the export of goods produced and services
provided by creative industries or occupations.
``(ii) Not later than 1 year after the date of enactment of this
subparagraph, the President of the Bank shall submit to Congress a
report on the activities undertaken pursuant to this subparagraph.
``(iii) In this subparagraph, the term `creative industry or
occupation' has the meaning given that term in section 102 of the
Promoting Local Arts and Creative Economy Workforce Act of 2022.''.
SEC. 402. PROMOTION OF EXPORTS FROM CREATIVE INDUSTRIES AND
OCCUPATIONS.
(a) Promotion of Exports by United States and Foreign Commercial
Service.--Section 2301(b) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(b)) is amended, in the matter preceding paragraph (1), by
inserting after ``medium-sized businesses'' the following: ``and
creative industries and occupations (as defined in section 102 of the
Promoting Local Arts and Creative Economy Workforce Act of 2022)''.
(b) Strategic Plan of Trade Promotion Coordinating Committee.--
Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(c)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) consider how to promote exports of goods and services
from creative industries and occupations (as defined in section
102 of the Promoting Local Arts and Creative Economy Workforce
Act of 2022).''.
(c) Promotion of Exports of Native Hawaiian Arts and Crafts and
Exports From Native Hawaiian-Owned Businesses.--Section 2307 of the
Export Enhancement Act of 1988 (15 U.S.C. 4726) is amended--
(1) by inserting ``or Native Hawaiian'' after ``American
Indian'' each place it appears;
(2) in subsection (a)--
(A) by inserting ``or Native Hawaiian'' after
``include Indian''; and
(B) by inserting ``or Native Hawaiian-owned'' after
``Indian-owned''; and
(3) in subsection (e), by striking ``hand made or hand
crafted'' and inserting ``made''.
SEC. 403. COLLABORATION TO IMPROVE ACCESS TO RELIABLE INTERNATIONAL
SHIPPING SERVICES.
The Under Secretary of Commerce for International Trade, the
Assistant Secretary of Commerce and Director General of the United
States and Foreign Commercial Service appointed under section
2301(a)(2) of the Export Enhancement Act of 1988 (15 U.S.C.
4721(a)(2)), and the Postmaster General shall consult and collaborate
with respect to how to better connect microenterprises and small
businesses to fast, reliable international shipping services that meet
the expectations of the modern consumer.
SEC. 404. DEMONSTRATION PROGRAM TO PROMOTE USE OF CREATIVE INDUSTRIES
AND OCCUPATIONS IN CERTAIN ECONOMIC PLANNING.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Commerce shall establish a demonstration program to
assess the feasibility and advisability of providing support to local
arts agencies and nonprofits through the Economic Development
Administration Planning and Local Technical Assistance Program
authorized under the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.) to promote the use of creative industries and
occupations in the economic planning of local governments, including in
comprehensive economic development strategies.
SEC. 405. TRADE AND DEVELOPMENT AGENCY.
Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2421(a)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``The Trade'' in the first sentence,
and inserting the following:
``(a) Treatment; Purpose.--
``(1) Treatment.--The Trade'';
(2) in the second sentence of paragraph (1) (as so
designated), by striking ``The purpose'' and inserting the
following:
``(2) Purpose.--The purpose''; and
(3) in paragraph (2) (as so designated), by striking ``such
as energy, transportation, telecommunications, and
environment.'' and inserting the following: ``such as--
``(A) energy;
``(B) transportation;
``(C) telecommunications;
``(D) the environment; and
``(E) creative industries and occupations (as
defined in section 102 of the Promoting Local Arts and
Creative Economy Workforce Act of 2022).''.
TITLE V--FEDERAL SUPPORT FOR THE CREATIVE ECONOMY
SEC. 501. COLLABORATION.
In carrying out this Act, and the amendments made by this Act, the
head of each relevant Federal agency shall, to the greatest extent
practicable, collaborate with the Chairperson of the National Endowment
for the Arts and the Chairperson of the National Endowment for the
Humanities.
SEC. 502. CREATIVE ECONOMY ADVISORY BOARD.
(a) Establishment; Resources.--
(1) Establishment.--The Secretary of Commerce shall
establish, pursuant to section 3 of the Act of February 14,
1903 (15 U.S.C. 1512; 32 Stat. 826, chapter 552; 95 Stat. 154),
and the Federal Advisory Committee Act (5 U.S.C. App.), an
advisory board, to be known as the ``Creative Economy Advisory
Board'' (referred to in this section as the ``Advisory
Board'').
(2) Resources.--The Secretary of Commerce shall make
available to the Advisory Board such personnel, funds, and
other resources as may be appropriate to enable the Advisory
Board to carry out the activities described in subsection (d).
(b) Membership.--
(1) In general.--The Advisory Board shall be composed of 15
members, to be appointed by the Secretary of Commerce from
among individuals with expertise relating to the issues
described in subsection (d)(1).
(2) Date of appointment.--The appointment of the members of
the Advisory Board shall be made not later than 120 days after
the date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed to serve on the
Advisory Board for a term of 2 years.
(2) Vacancies.--A vacancy on the Advisory Board--
(A) shall not affect the powers of the Advisory
Board; and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Duties.--
(1) Studies.--Not less frequently than biannually, the
Advisory Board shall conduct a study of all matters relating
to--
(A) cultural tourism;
(B) heritage tourism;
(C) the creative economy (including creative
industries and occupations); and
(D) international cultural trade and activity.
(2) Recommendations.--The Advisory Board shall develop
recommendations regarding the matters described in paragraph
(1).
(3) Report.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than once every
2 years thereafter, the Advisory Board shall submit to the
Secretary of Commerce a report that contains--
(A) a detailed statement of the findings and
conclusions of the Advisory Board under the most recent
study under paragraph (1); and
(B) the recommendations of the Advisory Board for
such administrative actions as the Advisory Board
considers to be appropriate.
(e) Powers.--
(1) Hearings.--The Advisory Board may hold such hearings,
meet and act at such times and places, take such testimony, and
receive such evidence as the Advisory Board considers to be
advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Advisory Board may secure
directly from a Federal agency such information as the
Advisory Board considers to be necessary to carry out
this section.
(B) Provision of information.--On request of the
Advisory Board, the head of a Federal agency shall
provide the requested information to the Advisory
Board.
(3) Postal services.--The Advisory Board may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--The Advisory Board may accept, use, and dispose
of gifts or donations of services or property.
(f) Personnel Matters.--
(1) No compensation of members.--Except as provided in
paragraph (2), a member of the Advisory Board shall serve
without compensation.
(2) Travel expenses.--A member of the Advisory Board shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Advisory
Board.
SEC. 503. TRAVEL AND TOURISM ADVISORY BOARD.
Notwithstanding any other provision of law (including regulations),
the Secretary of Commerce shall appoint to serve as a permanent member
of the United States Travel and Tourism Advisory Board established
pursuant to section 3 of the Act of February 14, 1903 (15 U.S.C. 1512;
32 Stat. 826, chapter 552; 95 Stat. 154), and the Federal Advisory
Committee Act (5 U.S.C. App.) a representative of creative industries
and occupations.
SEC. 504. FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES.
Section 9 of the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 958) is amended--
(1) in subsection (b)--
(A) by inserting ``the Administrator of the Small
Business Administration, the Secretary of the
Treasury,'' after ``Assistant Secretary for Aging,'';
and
(B) by striking ``The President shall designate the
presiding officer of the Council from among the
members.'' and inserting ``The co-Chairs of the Council
shall be the Chairperson of the National Endowment for
the Arts and the Chairperson of the National Endowment
for the Humanities.''; and
(2) in subsection (c)--
(A) in paragraph (6), by striking ``and'' after the
semicolon;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(8) coordinate the creative industry or occupation
programs of the Federal agencies;
``(9) establish goals and priorities for the creative
industries or occupations and their development that will
strengthen the creative economy of the United States;
``(10) work with industry organizations, Federal agencies,
and industry nonprofit organizations to identify and reduce
regulatory, logistical, and fiscal barriers within the Federal
Government and State governments that inhibit creative industry
and occupation growth; and
``(11) identify technological, market, or business
challenges that may best be addressed by public-private
partnerships, and are likely to attract both participation and
primary funding from industry, and encourage the formation of
those public-private partnerships.''.
SEC. 505. ART IN ARCHITECTURE PROGRAM FUNDING.
Notwithstanding any other provision of law (including regulations),
of the amounts made available for each fiscal year to the General
Services Administration for construction, the Administrator of General
Services shall use not less than 1 percent to carry out the Art in
Architecture program of the General Services Administration under part
102-77 of title 41, Code of Federal Regulations (or successor
regulations).
SEC. 506. OFFICE OF READINESS, RECOVERY, AND RESILIENCE.
(a) Office Established.--There shall be established within the
National Endowment for the Arts an Office of Readiness, Recovery, and
Resilience (referred to in this section as the ``Office'').
(b) Purposes.--The purposes of the Office are--
(1) to build upon the work of the National Endowment for
the Arts, as of the date of enactment of this Act, in support
of the disaster and emergency management-related needs of
artists and arts organizations in the recovery phase;
(2) to improve the preparedness of artists and arts
organizations, and to improve their resilience, in the face of
the growing climate emergency;
(3) to focus on and meet the range of preparedness,
response, and recovery needs of artists and arts organizations;
and
(4) to support the role artists and arts organizations can
play in community mitigation and recovery through the arts.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
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