[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7918 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7918
To direct the Secretary of Labor to award grants to emerging artists to
support their early development.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2024
Mr. Frost (for himself, Mr. Kildee, Mr. Casar, and Ms. Ocasio-Cortez)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Labor to award grants to emerging artists to
support their early development.
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 ``Cultivating Resources for Emerging
Artists to Thrive and Excel in Art Act'' or the ``CREATE Art Act''.
SEC. 2. ESTABLISHMENT OF EMERGING ARTISTS GRANT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Labor, in consultation with the Committee established
under section 3, may award the grants described in subsection (b), on a
competitive basis, to emerging artists.
(b) Description of Grants.--
(1) Progress grant.--Grants not to exceed $2,000 per grant
may be awarded under this Act to eligible emerging artists for
allowable costs to support a year of artist activities such as
recording, touring, showcasing, video production, and
marketing.
(2) Project grant.--Grants may be awarded under this Act to
eligible emerging artists not to exceed $100,000 per proposed
project, covering allowable costs incurred within 24 months
after the date of initial grant application.
(3) Live performance grant.--Grants not to exceed $35,000
may be awarded under this Act to emerging artists for live
performances, as long as--
(A) not more than $20,000 per grant is expended for
live performance domestic touring; and
(B) any emerging artist receiving such grant has a
current release or an upcoming release.
(4) Development fund.--Grants not to exceed $10,000 may be
awarded under this Act to emerging artists to pay for working
and living expenses while researching, write, or cultivating
stories and projects.
(c) Grant Requirements.--
(1) Application requirements; grant recipients.--
(A) Artists, producers, and publishers.--An artist
manager, producer, or publisher may fill out the grant
application on behalf of an emerging artist under this
Act, as long as--
(i) the artist is the named applicant and
incurs the related costs directly; and
(ii) such costs are not incurred by the
manager, producer, or publisher and then
charged back to the artist.
(B) Record labels.--Record labels may not receive a
grant under this Act. Artists signed to a record label
may apply, but the artist shall incur the related costs
directly. Such costs may not be incurred by the record
label and then charged back to the artist.
(C) Applicants who are minors.--Applicants under 18
years of age shall submit a signed parent or legal
guardian consent form with the grant application.
(2) Uses of funds.--Notwithstanding any other provision of
this Act, any grant awarded under this Act may be used only to
pay allowable costs incurred for the purchase of goods and
services received in the United States by the grantee that are
provided by citizens of the United States or by entities owned
or controlled by citizens of the United States.
(3) Labor protections.--
(A) Prohibition.--An individual grant recipient may
not utilize grant awards to subsidize paid or unpaid
work for professional performers and related or
supporting professional personnel employed on projects
or productions which are financed in whole or in part
under this section.
(B) Prevailing wages, and safe working
conditions.--It shall be a condition of the receipt of
any grant under this Act that the recipient of such
grant shall furnish assurances to the Secretary of
Labor, consistent with the requirements of section 5(m)
of the National Foundation on the Arts and Humanities
Act of 1965 (20 U.S.C. 954(m)), that--
(i) professional performers and related or
supporting professional personnel employed on
projects or productions which are financed in
whole or in part under this section--
(I) will be paid, without
subsequent deduction or rebate on any
account, not less than the minimum
compensation as determined by the
Secretary of Labor to be the prevailing
minimum compensation for persons
employed in similar activities; and
(II) will be able to maintain any
existing collective bargaining
agreement for the term of the grant and
2 years after such term ends; and
(ii) no part of any project or production
which is financed in whole or in part under
this section--
(I) will be performed or engaged in
under working conditions which are
unsanitary or hazardous or dangerous to
the health and safety of the employees
engaged in such project or production;
or
(II) will be used to engage in any
activity that is subject to reporting
requirements set forth in section
203(a) of the Labor-Management
Reporting and Disclosure Act of 1959
(29 U.S.C. 433(a)) for the term of the
grant, project, or tour (whichever is
longest).
(4) Prohibition on discrimination against certain
noncitizens.--Participation in programs and activities or
receiving funds under this Act shall be available to citizens
and nationals of the United States, lawfully admitted permanent
resident aliens, refugees, asylees, and parolees, and other
immigrants authorized by the Attorney General to work in the
United States.
SEC. 3. DEVELOPMENT COMMITTEE FOR EMERGING ARTIST GRANT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish a
Development Committee for Emerging Artist Grant Program to provide
consultation to the Secretary of Labor on the development and
implementation of the grant programs under section 2, including to
evaluate grant applications.
(b) Composition.--
(1) In general.--The Committee shall be composed of--
(A) 4 representatives of the arts industry (such as
music producers, gallery owners or operators, or a
production company for a theater);
(B) 4 labor representatives in the arts industry;
and
(C) 4 emerging artists.
(2) Terms of service.--Each member of the Commission shall
serve a 6-year term.
(c) Compensation.--Members of the Committee shall receive
compensation for their service on the Committee.
SEC. 4. DEFINITIONS.
In this Act:
(1) Allowable costs.--The term ``allowable costs'' means
any costs associated with developing, producing, and performing
art, including costs associated with reserving space, studio
time, third-party personnel costs, third-party production
costs, and marketing.
(2) Emerging artist.--The term ``emerging artist'' means an
artist who--
(A) has individually earned, from the art of such
artist, less than $50,000 in net earnings during the
previous 5 years and not more than $400,000 in net
earnings during the previous 20 years;
(B) has evidence of regular creative practice;
(C) produces or presents projects or programs that
are relevant to the community and accessible to the
public; and
(D) meets any other requirements of the Secretary
of Labor for purposes of this Act.
(3) Project.--The term ``project'' has the meaning given
the term in section 3 of the National Foundation on the Arts
and Humanities Act of 1965 (20 U.S.C. 952).
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