[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3572 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3572
To direct the Secretary of Labor, in consultation with the Chairperson
of the National Endowment for the Arts, to award grants for arts and
creative workforce programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 10, 2024
Mr. Lujan (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To direct the Secretary of Labor, in consultation with the Chairperson
of the National Endowment for the Arts, to award grants for arts and
creative workforce programs.
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 ``Creative Workforce Investment Act''.
SEC. 2. NATIONAL GRANTS FOR ARTS AND CREATIVE WORKFORCE PROGRAMS.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.) is amended--
(1) by redesignating section 172 (29 U.S.C. 3227) as
section 173; and
(2) by inserting after section 171 (29 U.S.C. 3226) the
following:
``SEC. 172. NATIONAL GRANTS FOR ARTS AND CREATIVE WORKFORCE PROGRAMS.
``(a) Program Authorized.--From the amounts appropriated under
subsection (f), the Secretary, in consultation with the Chairperson of
the National Endowment for the Arts, shall award grants, on a
competitive basis, to eligible entities to carry out the arts and
creative workforce programs described in subsection (c)(1).
``(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary and the
Chairperson an application at such time, in such manner, and containing
such information as the Secretary and the Chairperson may require,
which shall include--
``(1) a description of the arts and creative workforce
program the eligible entity plans to carry out with the grant,
including--
``(A) cost estimates;
``(B) timelines;
``(C) a description of the final product and how
such product will be made accessible to the public;
``(D) the proposed number of employees the program
will employ, including a description of the creative
workers the program will employ;
``(E) the number of such proposed employees who
have barriers to employment and a description of such
barriers; and
``(F) whether the eligible entity will be working
in coordination with a State board or a local board to
employ individuals under the program, and a description
of such coordination; and
``(2) a good-faith certification that--
``(A) during the grant period and during the 2-year
period beginning after the such grant period--
``(i) the eligible entity will not
outsource or offshore jobs for the arts and
creative workforce program carried out with the
grant; and
``(ii) the eligible entity will not
abrogate existing collective bargaining
agreements of employees of such program;
``(B) the eligible entity will remain neutral in
any union organizing effort by the employees of such
program during the grant period; and
``(C) in carrying out such program, the eligible
entity will comply with the wage and safety standards
described in subsections (m) and (n) of section 5 of
the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 954).
``(c) Uses of Funds.--
``(1) Arts and creative workforce programs.--An eligible
entity that receives a grant under this section shall use such
grant to carry out an arts and creative workforce program
that--
``(A) shall--
``(i) provide art or arts programming that
is made publicly available and accessible to
other individuals by the eligible entity; and
``(ii) employ individuals in the labor
market area served by the eligible entity,
which may include the use of such grant to
cover the cost of wages for such individuals;
and
``(B) may include--
``(i) outdoor events for the community
(such as concerts, street fairs, art fairs,
community arts events, performances, live
music, or other arts-based activities);
``(ii) interviews and written stories that
capture and document the history of the United
States--
``(I) through photographs,
narratives, storytelling, murals,
films, plays, and other media; and
``(II) that illuminate marginalized
narratives and histories of all
individuals, regardless of income, age,
race, religion, legal status, sexual
orientation, or gender identity;
``(iii) temporary or permanent visual,
literary, or performative public artworks
celebrating community identity, such as--
``(I) 2- and 3-dimensional visual
artworks such as murals, painted
benches, sculptures, and statues;
``(II) interactive or sound-based
artworks; and
``(III) performative artworks like
concerts, readings, festivals, or
displays of dance or theater;
``(iv) poetry, writing, photography,
theater, visual or media arts, or dance
exhibitions; and
``(v) programs and works that support the
arts in both schools and community cultural
spaces (including arts-integrated teaching,
place-based arts and cultural practice,
intergenerational education, oral histories,
and the preservation of folk traditions that
elevate a community's history and culture,
including on Tribal land).
``(2) Limitation on administrative costs.--Not more than 5
percent of the funds appropriated under subsection (f) for a
fiscal year may be used for administrative costs by the
Secretary.
``(d) Report.--Not later than 1 year after the first grant is
awarded under this section, and each year thereafter, the Secretary
shall report to Congress on the outcomes of the programs funded under
this section for the preceding year, including--
``(1) the number of grants awarded for such year to
eligible entities, disaggregated by the type of eligible entity
listed in subsection (g)(2); and
``(2) a description of each program assisted with such a
grant, including--
``(A) the geographic location of the program;
``(B) the length of employment of each individual
who is employed by the program;
``(C) the percentage of such individuals who are in
unsubsidized employment during the second quarter after
exit from the program;
``(D) the percentage of such individuals who are in
unsubsidized employment during the fourth quarter after
exit from the program; and
``(E) the median earnings of such individuals who
are in unsubsidized employment during the second
quarter after exit from the program.
``(e) Copyright Ownership.--In accordance with section 200.315 of
title 2, Code of Federal Regulations (or any successor regulation), and
notwithstanding section 2900.13 of such title (or any successor
regulation), an author of a copyrightable work created under any
program funded under this section retains the right of ownership under
title 17, United States Code, of such work. The Federal Government
may--
``(1) obtain, reproduce, publish, or otherwise use the work
produced under this section; and
``(2) authorize another to receive, reproduce, publish, or
otherwise use the work for a Federal purpose.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated $300,000,000 to carry out this section for fiscal years
2024 through 2026.
``(g) Definitions.--In this section:
``(1) Creative worker.--The term `creative worker'--
``(A) means any individual who earns (or previously
earned) income through creative, cultural, or artistic-
based pursuits to produce ideas, content, goods, and
services (including educational services), without
regard to whether such income is earned through
employment as an independent contractor or as an
employee for an employer; and
``(B) may include an art director, artist,
animator, sculptor, writer, author, poet, photographer,
musician, singer, producer, director, actor, announcer,
storyteller, comedian, dancer, architect, designer,
programmer, choreographer, or a technician, backstage
or behind-the-scenes staff, curator, arts or community
arts educator, or other support staff member who makes
creative work possible.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a local area (or local board);
``(C) an entity described in section 166(c);
``(D) a public or private nonprofit agency or
organization (including a consortium of such agencies
or organizations) that employs, or supports the
employment of, creative workers; or
``(E) a State workforce agency.''.
SEC. 3. AUTHORIZATION OF FUNDS FOR THE NEA.
There are authorized to be appropriated to the Chairperson of the
National Endowment for the Arts such sums as may be necessary for such
Chairperson to provide the consultation required under section 172 of
the Workforce Innovation and Opportunity Act, as amended by section 2.
SEC. 4. TABLE OF CONTENTS.
The table of contents of the Workforce Innovation and Opportunity
Act is amended by striking the item relating to section 172 and
inserting the following:
``172. National grants for arts and creative workforce programs.
``173. Authorization of appropriations.''.
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