Promoting Local Arts and Creative Economy Workforce Act of 2020
A BILL
To promote and support the local arts and creative economy in the United States.
Sec. 2 Findings
Sec. 3 Definitions
Sec. 4 Department of Labor
“(72) Creative industry or occupation—The term creative industry or occupation has the meaning given the term in section 3 of the PLACE Act.”
“(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.”
“(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.”
“(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).”
Sec. 5 Department of Education
“(7) education that relates to a creative industry or occupation (as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020);”
“(B) gain education or skills relating to a creative industry or occupation (as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020)”
“(E) may be related to a creative industry or occupation (as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020).”
“(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 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020).
“(2) Federal share—The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.”
Sec. 6 Economic Development Administration programs
“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 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.
“(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)(A) during that fiscal year an amount equal to 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)(A) during that fiscal year an amount equal to 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.”
Sec. 7 Creative jobs training through Bureau of Prisons reentry and skills development programs
“(3) Ensuring that reentry and skills development programs for prisoners include skills training for jobs in creative industries and occupations, as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
Sec. 8 Grants relating to the creative economy
Sec. 9 Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations
“(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 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
Sec. 10 Small business creative economy assistance
“(36) Creative economy—In providing assistance under this subsection, the Administration shall develop procedures to evaluate the business proposals and business plans of small business concerns that focus on economic development, job creation, and community growth with respect to creative industries and occupations, as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
“(o) Technical assistance programs for creative economy-Focused businesses—The Administration, in consultation with relevant stakeholders, shall develop technical assistance programs to be carried out by small business development centers under this subsection that target the specific needs of small business concerns (including microenterprises) in creative industries and occupations, as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
“(6) provide information to creative industries located in rural communities about programs administered by Federal, State, and local governments that address the needs of creative industries and occupations, as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
“(vi) improving capital access and technical assistance for veterans in creative industries and occupations, as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020; and”
Sec. 11 Tax incentives
“(xi) a qualified displaced worker.”
“(P) Qualified displaced worker—The term qualified displaced worker means an individual who, immediately before beginning work for the employer—
“(i) is an eligible TAA recipient (as defined in section 35(c)(2)),
“(ii) is an eligible alternative TAA recipient (as defined in section 35(c)(3)), or
“(iii) 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).”
“(i) In general—The deductions”
“(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 2020, 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 2019” for “calendar year 2016” in subparagraph (A)(ii) thereof.”
“(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).”
Sec. 12 Promotion by Export-Import Bank of the United States of exports by creative industries and occupations
“(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 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020.”
Sec. 13 Rural business creative economy technical assistance
“375. Rural business creative economy technical assistance
“The Secretary shall provide to businesses in rural communities that are in creative industries and occupations (as defined in section 3 of the Promoting Local Arts and Creative Economy Workforce Act of 2020) and employ individuals in those creative industries and occupations technical assistance to develop those creative industries and occupations.”