[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9175 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9175
To amend the National Foundation on the Arts and the Humanities Act of
1965 to establish a grant program to improve the quality and
availability of arts facilities and arts-related programming, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2022
Ms. Bonamici introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the National Foundation on the Arts and the Humanities Act of
1965 to establish a grant program to improve the quality and
availability of arts facilities and arts-related programming, 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 ``Capital, Repairs, and Employment
for Art Talent to Improve Visibility Everywhere Act of 2022'' or the
``CREATIVE Act of 2022''.
SEC. 2. GRANTS FOR ARTS-RELATED CONSTRUCTION AND ACQUISITION,
MAINTENANCE, AND HIRING.
The National Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 951 et seq.) is amended by inserting after section 5A the
following:
``SEC. 5B. GRANTS FOR ARTS-RELATED CONSTRUCTION AND ACQUISITION,
MAINTENANCE, AND HIRING.
``(a) Grants Authorized.--The Chairperson of the National Endowment
for the Arts shall carry out a program under which the Chairperson
awards grants to eligible entities, on a competitive basis, as follows:
``(1) Construction and acquisition grants.--The Chairperson
may award a grant to an eligible entity to construct or acquire
a new facility to house arts productions, projects,
performances, exhibitions, workshops, or programs. A grant
under this paragraph shall be in an amount that is not more
than $5,000,000 and shall remain available for expenditure by
the eligible entity for a period of five years from the date on
which the grant is disbursed to such entity.
``(2) Maintenance and improvement grants.--The Chairperson
may award a grant to an eligible entity to improve, repair, or
maintain an existing facility housing arts productions,
projects, performances, exhibitions, workshops, or programs. A
grant under this paragraph shall be in an amount that is not
more than $3,000,000 and shall remain available for expenditure
by the eligible entity for a period of three years from the
date on which the grant is disbursed to such entity.
``(3) Hiring and production grants.--The Chairperson may
award a grant to an eligible entity to hire or compensate staff
members or artists to solicit or produce productions, projects,
performances, exhibitions, workshops, or programs at an
existing facility. A grant under this paragraph shall be in an
amount that is not more than $3,000,000 and shall remain
available for expenditure by the eligible entity for a period
of three years from the date on which the grant is disbursed to
such entity.
``(b) Prohibition on Multiple Awards.--An eligible entity may not
receive more than one grant under subsection (a).
``(c) Application.--To be considered for a grant under this
section, an eligible entity shall submit an application to the
Chairperson at such time, in such manner, and accompanied by such
information as the Chairperson may require. At a minimum each
application shall include the following:
``(1) The type of grant for which the entity is applying
from among the grant types described in paragraphs (1) through
(3) of subsection (a).
``(2) A description of the specific purposes for which the
entity proposes to use the grant, including, as applicable--
``(A) examples of productions, projects,
performances, exhibitions, workshops, or programs that
may be--
``(i) housed at a new or existing facility
supported by the grant; or
``(ii) produced by artists or staff members
supported by the grant; and
``(B) the perceived benefits that such productions,
projects, performances, exhibitions, workshops, or
programs will provide to the communities served by the
eligible entity.
``(3) A description of the level of access to arts
facilities and programming in the communities served by the
eligible entity and, if applicable, identification of any
disparities or gaps in such access.
``(4) A explanation of how the entity conducted, or intends
to conduct, outreach and acquire input from the community in
which the grant funds will be used, including input from low-
income individuals, individuals with disabilities, and other
underrepresented individuals in such community.
``(5) A description of any input received as a result of
the outreach under paragraph (4).
``(6) A description of the steps the board or other
appropriate overseeing body of such eligible entity has taken
to ensure that governance of the organization includes
representation from individuals described in paragraph (4).
``(7) A description of--
``(A) the level of community need for the
activities proposed to be carried out with grant funds;
and
``(B) the extent to which such activities will be
supported by additional funds from the community and
other sources.
``(8) If applicable, a comprehensive plan describing how
the eligible entity will continue to operate any new or
existing facility supported by the grant after the grant funds
have been expended.
``(9) Any other information or assurances the Chairperson
determines appropriate.
``(d) Priority.--In awarding grants under this section, the
Chairperson shall give priority to eligible entities that meet one or
more of the following criteria (with higher priority given to eligible
entities that meet more than one such criteria):
``(1) The eligible entity is located in a community with
limited access to high-quality arts productions, projects,
performances, exhibitions, or programs, which may be indicated
by--
``(A) the community having one or fewer facilities
for hosting arts programming;
``(B) the presence of an arts facility in the
community that is in state of disrepair or in a
physical state that is not conducive to regularly
hosting arts programming; or
``(C) the presence of an arts facility in the
community that has an inadequate number of staff
members or an insufficient focus on arts programming.
``(2) The eligible entity proposes to use the grant to
expand arts productions, projects, performances, exhibitions,
workshops, or programs from linguistically and culturally
diverse populations who are considered ethnic, cultural,
religious, or linguistic minorities and whose art is
underrepresented in popular culture.
``(3) The eligible entity demonstrates financial hardship
or a level of income insufficient to self-fund the activities
for which the grant is sought.
``(4) The eligible entity proposes to use the grant to host
or produce arts productions, projects, performances,
exhibitions, or programs that will have substantial artistic
and cultural significance and, if applicable, provide insight
and perspective on current or historical events or local or
regional economic issues.
``(5) The eligible entity is not a recipient of a grant
under section 5 and the entity has not previously received a
grant under such section.
``(6) The eligible entity has not previously received
financial support from a local or State government for the
activities the entity proposes to carry out with the grant.
``(7) The eligible entity proposes to use the grant to
improve access to arts productions, projects, performances,
exhibitions, or programs for artists with disabilities and
other people with disabilities.
``(8) The eligible entity is located in a rural community.
``(9) The eligible entity provides individual artists and
groups of artists with the opportunity to display or produce
projects, performances, exhibitions, workshops, or programs.
``(10) The eligible entity proposes to use the grant for a
purpose that furthers arts education in the community in which
such funds will be used.
``(e) Supplement, Not Supplant.--An eligible entity that receives a
grant under this section may use the grant only to supplement, and not
to supplant, funds made available from non-Federal sources to carry out
the activities supported by such grant.
``(f) Accountability.--
``(1) Review.--The Chairperson shall regularly review the
activities of eligible entities receiving grants under this
section to ensure that such entities are using the grant for
the purposes for which it was provided and are otherwise in
compliance with the requirements of this section.
``(2) Return of funds for misuse.--In the event the
Chairperson determines that an eligible entity receiving a
grant under this section is misusing grant funds or otherwise
failing to comply requirements of this section, the Chairperson
shall--
``(A) notify the Secretary of the Treasury and the
recipient of such grant that no further grants will be
made to such recipient under this section; and
``(B) direct the entity to return to the
Chairperson any unused or misappropriated grant funds.
``(3) Notice and opportunity for hearing.--Before making a
final determination under paragraph (2), the Chairperson shall
provide the eligible entity concerned with notice and a
reasonable opportunity for a hearing.
``(g) Treatment of Unexpended Funds.--Funds received by an eligible
entity under subsection (a) that are not expended within the allowable
period specified in such subsection shall be returned to Chairperson
unless the Chairperson makes a written determination that the entity
may continue to expend the funds after the expiration of such period.
``(h) Reports.--
``(1) In general.--On an annual basis during each year of
the grant period, an eligible entity that receives a grant
under this section shall submit to the Chairperson report that
includes a description of the following:
``(A) How the grant funds were used in the year
covered by the report.
``(B) The effects, in the immediate term and over
the remaining period of the grant, of the activities
supported by the grant with respect to--
``(i) increasing access to arts facilities
and programming within the community served by
the eligible entity; and
``(ii) reducing disparities in access to
such facilities and programming in such
communities.
``(C) To the extent applicable, how the grant has
or will be used--
``(i) to relieve staffing shortages for the
eligible entity;
``(ii) to improve an existing facility's
ability to host or produce high-quality arts
productions, projects, performances,
exhibitions, or programs;
``(iii) to contribute to the construction
or acquisition of a facility to host or produce
high-quality arts productions, projects,
performances, exhibitions, or programs, and if
acquisition or construction of such facility is
complete, how the facility has been able to
host or assist in the production of such
programming;
``(iv) to support increasing the number of
high-quality arts productions, projects,
performances, exhibitions, workshops, or
programs from linguistically and culturally
diverse populations who are considered ethnic,
cultural, religious, or linguistic minorities
and whose art is underrepresented in popular
culture; and
``(v) to improve access to arts
productions, projects, performances,
exhibitions, or programs for artists with
disabilities and other people with
disabilities.
``(2) Public availability.--Not later than 180 days after
receiving a report under paragraph (1), the Chairperson shall
make the report available on a publicly accessible website of
the National Endowment for the Arts.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local arts agency;
``(B) a museum; or
``(C) any other nonprofit arts organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section
501(a) of such Code.
``(2) Museum.--The term `museum' has the meaning given that
term in section 273(1) of the Museum Services Act (20 U.S.C.
9172(1)).
``(3) Rural community.--The term `rural community' means a
community in an area that is not designated by the Bureau of
the Census as an urbanized area or urban cluster.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $100,000,000 for each of fiscal years
2023 through 2028. Amounts authorized to be appropriated under
this subsection are in addition to any amounts otherwise
authorized to be appropriated for the National Endowment for
the Arts.
``(2) Reservations.--From the amount appropriated under
paragraph (1) for each fiscal year, the Chairperson--
``(A) shall reserve not less than 20 percent to
make grants under this section to eligible entities
located in rural communities; and
``(B) may reserve--
``(i) not more than 1 percent to provide
technical assistance to eligible entities that
are receiving grants under this section; and
``(ii) not more than 0.5 percent to ensure
the National Endowment for the Arts has
sufficient personnel to carry out the program
under this section.''.
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