[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3560 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3560

   To promote and support the local arts and creative economy in the 
                             United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2022

     Mr. Schatz (for himself, Mrs. Gillibrand, Mrs. Feinstein, Ms. 
Klobuchar, and Mr. Whitehouse) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 
        2021.''.

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 2021.''.

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 2021.''.

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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