[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7918 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7918

To direct the Secretary of Labor to award grants to emerging artists to 
                    support their early development.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2024

 Mr. Frost (for himself, Mr. Kildee, Mr. Casar, and Ms. Ocasio-Cortez) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Labor to award grants to emerging artists to 
                    support their early development.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cultivating Resources for Emerging 
Artists to Thrive and Excel in Art Act'' or the ``CREATE Art Act''.

SEC. 2. ESTABLISHMENT OF EMERGING ARTISTS GRANT PROGRAM.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Labor, in consultation with the Committee established 
under section 3, may award the grants described in subsection (b), on a 
competitive basis, to emerging artists.
    (b) Description of Grants.--
            (1) Progress grant.--Grants not to exceed $2,000 per grant 
        may be awarded under this Act to eligible emerging artists for 
        allowable costs to support a year of artist activities such as 
        recording, touring, showcasing, video production, and 
        marketing.
            (2) Project grant.--Grants may be awarded under this Act to 
        eligible emerging artists not to exceed $100,000 per proposed 
        project, covering allowable costs incurred within 24 months 
        after the date of initial grant application.
            (3) Live performance grant.--Grants not to exceed $35,000 
        may be awarded under this Act to emerging artists for live 
        performances, as long as--
                    (A) not more than $20,000 per grant is expended for 
                live performance domestic touring; and
                    (B) any emerging artist receiving such grant has a 
                current release or an upcoming release.
            (4) Development fund.--Grants not to exceed $10,000 may be 
        awarded under this Act to emerging artists to pay for working 
        and living expenses while researching, write, or cultivating 
        stories and projects.
    (c) Grant Requirements.--
            (1) Application requirements; grant recipients.--
                    (A) Artists, producers, and publishers.--An artist 
                manager, producer, or publisher may fill out the grant 
                application on behalf of an emerging artist under this 
                Act, as long as--
                            (i) the artist is the named applicant and 
                        incurs the related costs directly; and
                            (ii) such costs are not incurred by the 
                        manager, producer, or publisher and then 
                        charged back to the artist.
                    (B) Record labels.--Record labels may not receive a 
                grant under this Act. Artists signed to a record label 
                may apply, but the artist shall incur the related costs 
                directly. Such costs may not be incurred by the record 
                label and then charged back to the artist.
                    (C) Applicants who are minors.--Applicants under 18 
                years of age shall submit a signed parent or legal 
                guardian consent form with the grant application.
            (2) Uses of funds.--Notwithstanding any other provision of 
        this Act, any grant awarded under this Act may be used only to 
        pay allowable costs incurred for the purchase of goods and 
        services received in the United States by the grantee that are 
        provided by citizens of the United States or by entities owned 
        or controlled by citizens of the United States.
            (3) Labor protections.--
                    (A) Prohibition.--An individual grant recipient may 
                not utilize grant awards to subsidize paid or unpaid 
                work for professional performers and related or 
                supporting professional personnel employed on projects 
                or productions which are financed in whole or in part 
                under this section.
                    (B) Prevailing wages, and safe working 
                conditions.--It shall be a condition of the receipt of 
                any grant under this Act that the recipient of such 
                grant shall furnish assurances to the Secretary of 
                Labor, consistent with the requirements of section 5(m) 
                of the National Foundation on the Arts and Humanities 
                Act of 1965 (20 U.S.C. 954(m)), that--
                            (i) professional performers and related or 
                        supporting professional personnel employed on 
                        projects or productions which are financed in 
                        whole or in part under this section--
                                    (I) will be paid, without 
                                subsequent deduction or rebate on any 
                                account, not less than the minimum 
                                compensation as determined by the 
                                Secretary of Labor to be the prevailing 
                                minimum compensation for persons 
                                employed in similar activities; and
                                    (II) will be able to maintain any 
                                existing collective bargaining 
                                agreement for the term of the grant and 
                                2 years after such term ends; and
                            (ii) no part of any project or production 
                        which is financed in whole or in part under 
                        this section--
                                    (I) will be performed or engaged in 
                                under working conditions which are 
                                unsanitary or hazardous or dangerous to 
                                the health and safety of the employees 
                                engaged in such project or production; 
                                or
                                    (II) will be used to engage in any 
                                activity that is subject to reporting 
                                requirements set forth in section 
                                203(a) of the Labor-Management 
                                Reporting and Disclosure Act of 1959 
                                (29 U.S.C. 433(a)) for the term of the 
                                grant, project, or tour (whichever is 
                                longest).
            (4) Prohibition on discrimination against certain 
        noncitizens.--Participation in programs and activities or 
        receiving funds under this Act shall be available to citizens 
        and nationals of the United States, lawfully admitted permanent 
        resident aliens, refugees, asylees, and parolees, and other 
        immigrants authorized by the Attorney General to work in the 
        United States.

SEC. 3. DEVELOPMENT COMMITTEE FOR EMERGING ARTIST GRANT PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Labor shall establish a 
Development Committee for Emerging Artist Grant Program to provide 
consultation to the Secretary of Labor on the development and 
implementation of the grant programs under section 2, including to 
evaluate grant applications.
    (b) Composition.--
            (1) In general.--The Committee shall be composed of--
                    (A) 4 representatives of the arts industry (such as 
                music producers, gallery owners or operators, or a 
                production company for a theater);
                    (B) 4 labor representatives in the arts industry; 
                and
                    (C) 4 emerging artists.
            (2) Terms of service.--Each member of the Commission shall 
        serve a 6-year term.
    (c) Compensation.--Members of the Committee shall receive 
compensation for their service on the Committee.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Allowable costs.--The term ``allowable costs'' means 
        any costs associated with developing, producing, and performing 
        art, including costs associated with reserving space, studio 
        time, third-party personnel costs, third-party production 
        costs, and marketing.
            (2) Emerging artist.--The term ``emerging artist'' means an 
        artist who--
                    (A) has individually earned, from the art of such 
                artist, less than $50,000 in net earnings during the 
                previous 5 years and not more than $400,000 in net 
                earnings during the previous 20 years;
                    (B) has evidence of regular creative practice;
                    (C) produces or presents projects or programs that 
                are relevant to the community and accessible to the 
                public; and
                    (D) meets any other requirements of the Secretary 
                of Labor for purposes of this Act.
            (3) Project.--The term ``project'' has the meaning given 
        the term in section 3 of the National Foundation on the Arts 
        and Humanities Act of 1965 (20 U.S.C. 952).
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