[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3239 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3239

   To address systemic racism through the arts and humanities in the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

Ms. Lee of California (for herself, Mr. Bowman, Mr. Kim of New Jersey, 
 Ms. Clarke of New York, Ms. Bonamici, Mr. Evans, Ms. Scanlon, and Mr. 
   Takano) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To address systemic racism through the arts and humanities 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.

    This Act may be cited as the ``Advancing Equity Through the Arts 
and Humanities Act of 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Access to the arts and cultural programming influences 
        positive social determinants and is integral to healthy 
        communities.
            (2) In America, the received narrative is that the arts are 
        for entertainment or for artists, but a deeper look shows the 
        profound effect access to the arts has on those most impacted 
        by the justice system, children, veterans, low-income 
        communities, and self-designated non-artists.
            (3) Concentrated cultural districts are associated with 
        reduced poverty without neighborhood displacement, improved 
        child welfare, and lower morbidity.
            (4) Low-income neighborhoods with cultural resources have 
        14 percent fewer cases of child abuse and neglect, and 18 
        percent less serious crime than low-income neighborhoods 
        without cultural resources.
            (5) Low-income students who participate in the arts, both 
        in school and after school, have a dropout rate of just 4 
        percent or 5 times lower than their peers. Children with access 
        to arts programming in schools showed a 22.55 percent 
        improvement in math proficiency, a 12.62 percent improvement in 
        reading, and suspensions were reduced by as much as 89 percent.
            (6) Seventy-one percent of at-risk students with high arts 
        involvement attend college, whereas only 48 percent of at-risk 
        students with low arts involvement attend college.
            (7) Participation in after-school arts programs causes 
        juvenile crime to fall by 4.2 percent on average, and slightly 
        more (5.4 percent) in lower-income cities.
            (8) Arts programming in prisons showed an 89-percent drop 
        in infractions.
            (9) The cultural economy is significant not only in cities, 
        but also in rural and tribal communities. Forty percent of 
        Native American households on the Pine Ridge Reservation in 
        Kyle, South Dakota, depend on home-based arts enterprises.
            (10) The arts heal the mental, physical, and moral injuries 
        of war for military servicemembers and veterans, as well as aid 
        in their reintegration into the community.
            (11) Arts and culture is an $878,000,000,000 industry in 
        the U.S. (nonprofit, commercial, education). The nonprofit arts 
        industry alone generates $166,300,000,000 in annual economic 
        activity spending by organizations and their audience, which 
        supports 4,600,000 jobs and generates $27,500,000,000 in 
        government revenue.
            (12) The National Endowment for the Arts is the only arts 
        funder in the United States, public or private, that provides 
        access to the arts in all 50 States, the District of Columbia, 
        and territories of the United States.
            (13) Many of the most far-reaching victories for racial 
        healing in the United States have been greatly enhanced by the 
        involvement, support, and dedication of individuals from any 
        and all racial groups.
            (14) At the same time, much of the progress toward racial 
        healing and racial equity in the United States has been limited 
        or reversed by our failure to address the root cause of racism, 
        the belief in the myth of a hierarchy of human value based on 
        superficial physical characteristics such as skin color and 
        facial features.
            (15) Limited arts access is linked to economic and racial 
        inequities as well as resource deprivation.
            (16) Arts organizations serving communities of color are, 
        in general, much less financially secure and far smaller than 
        their counterparts in White communities. The median budgets of 
        the 20 largest arts organizations serving communities of color 
        in a given discipline, such as dance, theater, or music, were 
        more than 90 percent smaller than the budgets of the largest 
        organizations in that discipline.
            (17) Children of color, who make up the overwhelming 
        percentage of the children living in poverty in the United 
        States, and other students with lower socioeconomic status, 
        have a lower probability of accessing arts education.
            (18) Access to arts education declined significantly more 
        for Black and Brown students than it did for White children 
        between 1982 and 2008. There was less than a 2 percent decrease 
        for White children, while there was a 49 percent decrease for 
        Black children and a 40 percent decrease for Latin children.
            (19) The arts are in everyone. Everyone should have access 
        to the arts.
            (20) Racial and ethnic inequality is a result of systematic 
        and internalized racism and racist public and private policies 
        and practices. Dismantling structural racism through the arts 
        and humanities is critical to the health of our Nation.

SEC. 3. DEFINITIONS.

            (1) Antiracism.--The term ``antiracism'' means a collection 
        of antiracist policies and practices that lead to racial 
        equity, are substantiated by antiracist ideas, and include a 
        policy or practice that recognizes pervasive racism in society, 
        and actively combats racial prejudice and discrimination in 
        order to promote racial justice and equity.
            (2) Antiracist.--The term ``antiracist'' means any measure 
        that produces or sustains racial equity between racial groups, 
        including any policy or practice that produces active 
        resistance to and dismantling of the system of racism.
            (3) Systemic racism.--The term ``systemic racism'' means 
        systems of power, unfair policies, discriminatory practices, 
        and normalized dynamics (historical, cultural, internalized, 
        interpersonal, institutional) that routinely produce 
        inequitable outcomes for oppressed people and advantages for 
        privileged people, with the effect of creating and sustaining 
        inequities.
            (4) Equity.--The term ``equity'' means fair and impartial 
        outcomes, opportunities, and access for an individual (or 
        entity) engaging with an organization or systems (political and 
        socio-economic), to receive or experience what is needed (not 
        equal) in order to maintain fairness.
            (5) BIPOC.--The term ``BIPOC'' is an acronym to refer 
        inclusively to--
                    (A) ``Black, Indigenous, and People of Color'', 
                which includes South West Asian and North African 
                (SWANA);
                    (B) Black and African American; Hispanic and 
                Latino; and
                    (C) Native American, Alaska Native, and Indigenous 
                American; Asian American, Native Hawaiian and Pacific 
                Islander (AANHPI) peoples.
            (6) Hispanic.--The term ``Hispanic'' means an individual 
        whose origin is Mexican, Puerto Rican, Cuban, Central or South 
        American, or any other Spanish-speaking country.
            (7) BIPOC-led.--The term ``BIPOC-led'' means an 
        organization that is founded by or currently has executive 
        leadership made up of BIPOC individuals, but excludes an 
        organization that is predominantly White or serves 
        predominantly White audiences that simply have a BIPOC 
        individual in a token leadership position.
            (8) Chairpersons.--The term ``Chairpersons'' means the 
        Chairperson of the National Endowment for the Arts and the 
        Chairperson of the National Endowment for the Humanities.
            (9) Promising practices.--The term ``promising practices'' 
        means programs that have strategies, activities, or approaches 
        which have supporting research and evaluation, as well as 
        measurable outcomes that have shown the program to be effective 
        and impactful for participants.
            (10) Humanities.--The term ``humanities'' means a 
        discipline and method to share stories, ideas, and experiences.
            (11) Humanities organization.--The term ``humanities 
        organization'' means an organization that connects people 
        through stories, ideas, and experiences that positively change 
        lives and strengthen communities, bringing communities together 
        for meaningful encounters, and includes--
                    (A) cultural and tribal organizations; museums; 
                performing artists; and
                    (B) libraries and archives; media; historical 
                societies; publishers; arts and crafts groups; 
                educational institutions; and more.

SEC. 4. ADVANCING EQUITY THROUGH THE ARTS AND HUMANITIES PROGRAM.

    (a) In General.--
            (1) Antiracism program.--There is established an Advancing 
        Equity Through the Arts and Humanities Program, to be carried 
        out by the Chairperson of the National Endowment for the Arts 
        (in this Act referred to as the NEA) and the Chairperson of the 
        National Endowment for the Humanities (in this Act referred to 
        as the NEH) to increase engagement with public and nonprofit 
        entities (including faith-based and community-based 
        organizations that serve and are led by people of color) and to 
        support arts and humanities projects that directly combat 
        systemic racism through the arts and humanities.
            (2) Program components.--Under the Advancing Equity through 
        the Arts and Humanities Program, the Chairpersons of NEA and 
        NEH shall--
                    (A) encourage, consult with, and engage in capacity 
                building with public and nonprofit entities, including 
                faith-based and community-based organizations, led by 
                majority BIPOC to--
                            (i) build and implement a competitive grant 
                        program that directly combats systemic racism 
                        through the arts and humanities;
                            (ii) review and augment existing NEA and 
                        NEH programs to include strategies to dismantle 
                        systemic racism through the arts and 
                        humanities;
                            (iii) develop and implement outreach 
                        strategies and provide pre- and post-technical 
                        support for NEA and NEH programs that directly 
                        combat systemic racism through the arts and 
                        humanities; and
                            (iv) provide free grant writing training 
                        and technical support for grant applicants, 
                        including potential and unapproved applicants;
                    (B) collaborate with governmental agencies, 
                universities, museums, and non-profit, faith-based, and 
                community-based organizations with anti-racism 
                initiatives focused on dismantling systemic racism by 
                helping remove barriers to access;
                    (C) build a database of grantees to increase 
                participation and outreach in consultation with the 
                advisory task force created under this Act;
                    (D) ensure grant panelists include majority BIPOC 
                members, majority artists, advocates, community 
                leaders, researchers, people who have participated in 
                arts programing while incarcerated, and educators;
                    (E) ensure that grantees who partner with other 
                organizations do so with those who employ and center 
                communities of color;
                    (F) have the discretion to extend grant funding for 
                multi-year initiatives in good standing and waive 
                matching grant requirements; and
                    (G) create an advisory task force, not later than 
                90 days after the date of the enactment of this Act, to 
                develop guidelines for the grantmaking process and 
                reassess equitable outreach and education as follows:
                            (i) Members of the task force shall 
                        include: majority BIPOC members, majority 
                        artists, arts and humanities advocates 
                        representing the diversity of the spectrum of 
                        arts and humanities, community leaders, 
                        researchers, at least 1 person who has 
                        participated in arts programing while 
                        incarcerated, an educator from a public 
                        institution, youth, and represent geographic 
                        and multigenerational diversity.
                            (ii) Members of the task force shall be 
                        paid a fair wage for their service.
                            (iii) The task force shall, not later than 
                        180 days after formation, submit to the 
                        Chairpersons of the National Endowment for the 
                        Arts and the National Endowment for the 
                        Humanities, and make publicly available, a 
                        report that includes--
                                    (I) recommended guidelines for the 
                                grantmaking process and reassess 
                                equitable outreach and education;
                                    (II) a recommended antiracism 
                                framework for the selection of 
                                panelists and grantees, including 
                                eligibility requirements;
                                    (III) a recommended framework to 
                                increase accessibility to grants, such 
                                as free grant writing classes, 
                                culturally and linguistically 
                                appropriate pre and post technical 
                                assistance to apply for grants and 
                                produce reports, in-language resources, 
                                and partnerships with community-based 
                                organizations and other public and 
                                private nonprofits;
                                    (IV) recommendations to ensure that 
                                requests for proposals (RFPs) are 
                                equitable and accessible to all 
                                individuals;
                                    (V) review a database of grantees 
                                to increase participation and outreach; 
                                and
                                    (VI) implement recommendations 
                                aligned with task force guidelines.

SEC. 5. GRANT PROGRAM.

    (a) Establishment.--Not later than 180 days after the funds are 
appropriated to carry out this Act, the Chairpersons, in consultation 
with the advisory task force, shall establish a competitive grant 
program to be administered jointly in the National Endowment for the 
Arts and the National Endowment for the Humanities, to make grants to 
eligible entities to create and expand programs to support public and 
nonprofit arts and humanities organizations that directly combat 
systemic racism through the arts and humanities, including dance, 
music, theater, musical theater, literary, poetry and spoken word, 
visual and public art, performing, media arts, social justice, faith-
based, folk and traditional, and other arts and humanities 
organizations.
    (b) Eligible Entities.--To carry out the components of the program 
under this section, the Chairpersons shall--
            (1) give priority in this order to the following eligible 
        entities:
                    (A) public and nonprofit organizations that work to 
                combat systemic racism through arts and humanities 
                projects, including--
                            (i) public and nonprofit organizations that 
                        are BIPOC-led;
                            (ii) public and nonprofit organizations 
                        that have majority BIPOC executive staff and 
                        board members and center them as decision 
                        makers;
                            (iii) public and nonprofit organizations 
                        that have a proven history of effective and 
                        ongoing antiracism work that has made 
                        demonstrative change in organizational culture 
                        and shows a commitment to supporting the BIPOC 
                        community; and
                            (iv) organizations, including community-
                        based organizations, that are fiscally 
                        sponsored; and
            (2) not include any for-profit entity.
    (c) Allowable Use of Funds.--An eligible entity that receives a 
grant under this section shall carry out 1 or more of the following:
            (1) Planning, developing, and implementing an initiative 
        and programming that work to combat systemic racism through 
        arts and/or humanities, including--
                    (A) the arts or humanities engagement and 
                education, such as artist residency, arts festivals, 
                coalition building, community co-creation of art, 
                performances, and public art;
                    (B) design, such as artist or designer-facilitated 
                community planning, design of artist space, design of 
                cultural facilities, and public space design;
                    (C) artist and creative industry support, such as 
                creative business development and professional artist 
                development;
                    (D) arts and humanities programs for incarcerated 
                individuals and for the prevention of re-incarceration; 
                and
                    (E) other arts and humanities programming that work 
                to dismantle systemic racism.
            (2) General support, including capital funding, salaries, 
        contractors and consultants, office space and supplies, 
        benefits and insurance and other operational needs.
            (3) Research to further the grant recipient's work to 
        dismantle systemic racism through the arts or humanities.
            (4) Training to further the grant recipient's work to 
        dismantle systemic racism through the arts or humanities.
    (d) Administrative Expenses.--The Chairpersons may use not more 
than 5 percent of funds available to carry out this section for 
administration of the Advancing Equity Through the Arts and Humanities 
Program, including technical assistance, collaboration with other 
relevant agencies, and dissemination of best practices.
    (e) Grantees.--An eligible entity that receives a grant under this 
section shall submit an annual report to the Chairpersons describing--
            (1) the proposed and actual uses of funds, including a 
        description of how much funding supported which promising 
        practices;
            (2) racial and ethnic demographics of persons administering 
        and implementing the grants in a manner that protects 
        personally identifiable information;
            (3) how funds were used and its effect on dismantling 
        systemic racism and other outcomes, which may include success 
        measures such as community culture surveys, workplace culture 
        surveys, community and program participant feedback, and 
        existing diagnostic or formative assessments, disaggregated by 
        race and ethnicity, age, and gender in a manner that protects 
        personally identifiable information; and
            (4) how the grant funds were supplemented with State and 
        local funds, or other funding streams.
    (f) Reports to Congress.--Beginning 1 year after the first grants 
are awarded under this section, and annually thereafter, the 
Chairpersons shall publicly submit and digitally publish a report to 
Congress detailing--
            (1) the criteria on which grants were awarded;
            (2) eligible entities that received grants and amount of 
        funding received by each grantee;
            (3) barriers to access for BIPOC individuals and 
        communities, how NEA and NEH addressed these challenges, and 
        recommendations for Congress to help support NEA and NEH 
        address these barriers;
            (4) the proposed and actual uses of funds, including--
                    (A) a description of community impact; racial and 
                ethnic demographics of persons administering and 
                implementing the grants; and
                    (B) racial and ethnic demographics of grant panel, 
                in a manner that protects personally identifiable 
                information;
            (5) available outcomes related to the grant's impact to 
        dismantle systemic racism through the arts and humanities;
            (6) the technical assistance activities of the National 
        Endowment for the Arts and the National Endowment for the 
        Humanities and costs of these activities, dissemination costs, 
        and costs of other activities supported by the set-aside for 
        the National Endowment for the Arts and the National Endowment 
        for the Humanities; and
            (7) any other information as deemed appropriate by the 
        Chairpersons.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.
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