PLACE Act

II 116TH CONGRESS 2D SESSION S. 3232 To promote and support the local arts and creative economy in the United States. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2020 Mr. SCHATZ 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Promoting Local Arts and Creative Economy Workforce 5 Act of 2020’’ or the ‘‘PLACE Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Department of Labor. Sec. 5. Department of Education. VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3232 IS Sec. 6. Economic Development Administration programs. Sec. 7. Creative jobs training through Bureau of Prisons reentry and skills de- velopment programs. 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. Sec. 10. Small business creative economy assistance. Sec. 11. Tax incentives. Sec. 12. Promotion by Export-Import Bank of the United States of exports by creative industries and occupations. Sec. 13. Rural business creative economy technical assistance. Sec. 14. Disaster assistance for creative industry workers through FEMA. Sec. 15. Collaboration. SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) The United States economy has changed 3 rapidly as automation, artificial intelligence, digital 4 technologies, and modern information and commu- 5 nication systems have transformed the way people in 6 the United States work, live, and interact. 7 (2) The United States must establish policies 8 and create programs capable of responding to chang- 9 ing economic realities. 10 (3) The United States must develop strategies 11 to maximize current assets and help grow a United 12 States economy and workforce that can thrive in a 13 challenging environment of constant change and re- 14 invention. 15 (4) The Nation needs to strengthen and im- 16 prove Federal support for a Next Generation econ- 17 omy and workforce. 18 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3232 IS (5) The United States must explore sustainable 1 strategies to create jobs that will endure, will remain 2 reliant on a local workforce, and are unlikely to 3 move overseas. 4 (6) There is great value and untapped potential 5 in the Nation’s rich history, the creative freedoms 6 enjoyed by its people, and the many cultures and 7 traditions that make the United States so unique. 8 (7) Promoting local arts and enhancing the cre- 9 ative economy of the United States would support 10 the Nation’s diverse citizenry, rich traditions, and 11 vast creative talents, including the unique history 12 and continuing vitality of Native American commu- 13 nities. 14 (8) The United States must embrace the oppor- 15 tunities and challenges the country faces and re- 16 imagine the role of the Federal Government in pro- 17 viding support for local arts and expanding the cre- 18 ative economy. 19 (9) The United States needs to engage workers 20 from around the Nation to develop, hone, and share 21 expressions of their cultural heritage, including lan- 22 guages, creative collaborations, and artistic skills. 23 (10) The Nation needs to recognize that there 24 is a broad range of undervalued and underutilized 25 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3232 IS human potential in the United States, and the exist- 1 ence of that human potential has profound social, 2 economic, and workforce ramifications. 3 (11) Securing the future well-being of individ- 4 uals, families, communities, and the Nation will de- 5 pend in part on adopting Federal policies that will 6 increase support for the creative economy. 7 (12) The Nation needs to improve creative 8 workforce readiness and develop an education and 9 job training plan, including a plan for education and 10 training through specialized vocational schools and 11 apprenticeship programs, to ensure that individuals 12 of all ages in the United States can realize their full 13 creative potential now and in the future. 14 (13) Investing in a creative economy workforce 15 would help showcase the Nation’s creative arts, 16 strengthen its capacity for job growth, promote eco- 17 nomic inclusion, boost entrepreneurship, improve 18 and revitalize rural, remote, and underserved areas, 19 and empower communities to share their stories. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) CREATIVE INDUSTRY OR OCCUPATION.— 23 The term ‘‘creative industry or occupation’’ means— 24 (A) an industry that— 25 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3232 IS (i) has a substantial current or poten- 1 tial impact (including through positions 2 that lead to economic self-sufficiency and 3 opportunities for advancement) on a State, 4 regional, or local economy or a Native 5 American community’s economy, as appro- 6 priate; and 7 (ii) contributes to the growth of busi- 8 nesses or nonprofit organizations that have 9 their origin in individual creativity, skill, 10 and talent, including businesses focused on 11 design, crafts, music, visual arts, media 12 arts, performing arts, language, literature, 13 or expressions of Native American culture 14 or regional or local heritage culture; and 15 (B) an occupation that— 16 (i) currently has or is projected to 17 have a number of positions (including posi- 18 tions that lead to economic self-sufficiency 19 and opportunities for advancement) in an 20 industry sector so as to have a substantial 21 potential impact on a State, regional, or 22 local economy or a Native American com- 23 munity’s economy, as appropriate; and 24 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3232 IS (ii) is comprised of businesses de- 1 scribed in subparagraph (A)(ii). 2 (2) NATIVE AMERICAN.—The term ‘‘Native 3 American’’, used with respect to culture, means the 4 culture of a Native American, as defined in section 5 103 of the Native American Languages Act (25 6 U.S.C. 2902). 7 SEC. 4. DEPARTMENT OF LABOR. 8 (a) WORKFORCE INNOVATION AND OPPORTUNITY 9 ACT.— 10 (1) DEFINITION.—Section 3 of the Workforce 11 Innovation and Opportunity Act (29 U.S.C. 3102) is 12 amended by adding at the end the following: 13 ‘‘(72) CREATIVE INDUSTRY OR OCCUPATION.— 14 The term ‘creative industry or occupation’ has the 15 meaning given the term in section 3 of the PLACE 16 Act.’’. 17 (2) UNIFIED STATE PLANS.—Section 18 102(b)(1)(A) of such Act (29 U.S.C. 3112(b)(1)(A)) 19 is amended— 20 (A) in clause (i), by striking ‘‘occupa- 21 tions;’’ and inserting ‘‘occupations, and creative 22 industries and occupations;’’; and 23 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3232 IS (B) in clause (ii), by striking ‘‘those indus- 1 tries and occupations’’ and ‘‘the sectors, indus- 2 tries, and occupations described in clause (i)’’. 3 (3) REGIONAL COORDINATION.—Section 4 106(c)(1)(C) of such Act (29 U.S.C. 3121(c)(1)(C)) 5 is amended by striking ‘‘occupations’’ and inserting 6 ‘‘occupations, and regional creative industries and 7 occupations,’’. 8 (4) LOCAL PLANS.—Section 108(b)(1)(B) of 9 such Act (29 U.S.C. 3123(b)(1)(B)) is amended by 10 striking ‘‘occupations;’’ and inserting ‘‘occupations, 11 and creative industries and occupations;’’. 12 (5) NATIVE AMERICAN PROGRAMS.—Section 13 166(d)(2)(A)(i) of such Act (29 U.S.C. 14 3221(d)(2)(A)(i)) is amended by inserting ‘‘develop- 15 ment of skills relating to creative industries or occu- 16 pations and’’ before ‘‘training on’’. 17 (6) NATIONAL DISLOCATED WORKER 18 GRANTS.—Section 170 of the Workforce Innovation 19 and Opportunity Act (29 U.S.C. 3225) is amend- 20 ed— 21 (A) in subsection (a)— 22 (i) in paragraph (1)— 23 (I) in subparagraph (A), by strik- 24 ing ‘‘or’’ at the end; 25 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3232 IS (II) in subparagraph (B), by 1 striking the period at the end and in- 2 serting ‘‘; or’’; and 3 (III) by adding at the end the 4 following: 5 ‘‘(C) for purposes of assistance provided 6 under subsection (b)(1)(E), an opioid crisis, as 7 declared by the Secretary after consultation 8 with the Secretary of Health and Human Serv- 9 ices.’’; and 10 (ii) by adding at the end the fol- 11 lowing: 12 ‘‘(3) DISLOCATED WORKER.— 13 ‘‘(A) IN GENERAL.—The term ‘dislocated 14 worker’ means— 15 ‘‘(i) a dislocated worker, as defined in 16 section 3; and 17 ‘‘(ii) for purposes of assistance pro- 18 vided under subsection (b)(1)(E), a recov- 19 ering individual. 20 ‘‘(B) RECOVERING INDIVIDUAL.—The term 21 ‘recovering individual’ means an individual 22 who— 23 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3232 IS ‘‘(i) left employment, or has never 1 been employed, due mainly to opioid use; 2 and 3 ‘‘(ii)(I) has successfully completed a 4 supervised drug rehabilitation program for 5 opioid use and is no longer engaging in the 6 illegal use of opioids, or has otherwise been 7 rehabilitated successfully and is no longer 8 engaging in such illegal use; 9 ‘‘(II) is participating in a supervised 10 rehabilitation program and is no longer en- 11 gaging in such illegal use; or 12 ‘‘(III) is erroneously regarded as en- 13 gaging in such illegal use, but is not en- 14 gaging in such illegal use.’’; and 15 (B) in subsection (b)(1)— 16 (i) in subparagraph (C), by striking 17 ‘‘and’’ at the end; 18 (ii) in subparagraph (D), by striking 19 the period at the end and inserting ‘‘; 20 and’’; and 21 (iii) by adding at the end the fol- 22 lowing: 23 ‘‘(E) to provide employment and training 24 assistance in a creative industry or occupation, 25 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3232 IS in an area where an opioid crisis has been de- 1 clared, as described in subsection (a)(1)(C).’’. 2 (b) CREATIVE ECONOMY GRANT PROGRAM.— 3 (1) IN GENERAL.—The Secretary of Labor, act- 4 ing through the Assistant Secretary for Employment 5 and Training, shall make grants to eligible entities 6 to provide wage subsidies for certain employees in a 7 creative industry or occupation. 8 (2) ELIGIBLE ENTITY.—To be eligible to receive 9 such a grant, an entity shall be a business (including 10 a nonprofit organization) that— 11 (A) is engaged in a creative industry or oc- 12 cupation and has its origin in individual cre- 13 ativity, skill, and talent, including focusing on 14 design, crafts, music, visual arts, media arts, 15 performing arts, language, literature, or expres- 16 sions of Native American culture or regional or 17 local heritage culture; and 18 (B) has fewer than 50 employees for each 19 workday in each of 20 or more calendar weeks 20 in the current or preceding calendar year. 21 (3) APPLICATION.—To be eligible to receive 22 such a grant, an entity shall submit an application 23 to the Secretary of Labor at such time, in such man- 24 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3232 IS ner, and containing such information as the Sec- 1 retary may require. 2 (4) USE OF FUNDS.—An entity that receives a 3 grant under this section shall use the grant funds, 4 during its first year of operation, to provide wage 5 subsidies for employees whose positions involve the 6 individual creativity, skill, or talent described in 7 paragraph (2)(A) rather than administrative, tech- 8 nical, or support functions. 9 SEC. 5. DEPARTMENT OF EDUCATION. 10 (a) CORRECTIONS EDUCATION.—Section 225(b) of 11 the Workforce Innovation and Opportunity Act (29 U.S.C. 12 3305(b)) is amended— 13 (1) by redesignating paragraphs (7) and (8) as 14 paragraphs (8) and (9), respectively; and 15 (2) by inserting after paragraph (6) the fol- 16 lowing: 17 ‘‘(7) education that relates to a creative indus- 18 try or occupation (as defined in section 3 of the Pro- 19 moting Local Arts and Creative Economy Workforce 20 Act of 2020);’’. 21 (b) ADULT EDUCATION.—Section 203 of the Work- 22 force Innovation and Opportunity Act (29 U.S.C. 3272) 23 is amended— 24 (1) in paragraph (1)— 25 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3232 IS (A) by redesignating subparagraphs (B) 1 and (C) as subparagraphs (C) and (D), respec- 2 tively; and 3 (B) by inserting after subparagraph (A) 4 the following: 5 ‘‘(B) gain education or skills relating to a 6 creative industry or occupation (as defined in 7 section 3 of the Promoting Local Arts and Cre- 8 ative Economy Workforce Act of 2020)’’; and 9 (2) in paragraph (2), by inserting ‘‘skills relat- 10 ing to a creative industry or occupation (as defined 11 in section 3 of the Promoting Local Arts and Cre- 12 ative Economy Workforce Act of 2020)’’ before ‘‘or 13 integrated education and training’’. 14 (c) CAREER AND TECHNICAL EDUCATION.—Section 15 3(5) of the Career and Technical Education Act of 2006 16 (20 U.S.C. 2302(5)) is amended— 17 (1) in subparagraph (C), by striking ‘‘and’’ 18 after the semicolon; 19 (2) in subparagraph (D), by striking the period 20 at the end and inserting ‘‘; and’’; and 21 (3) by adding at the end the following: 22 ‘‘(E) may be related to a creative industry 23 or occupation (as defined in section 3 of the 24 VerDate Sep 11 2014 22:13 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232 kjohnson on DSK79L0C42PROD with BILLS 13 •S 3232 IS Promoting Local Arts and [Text truncated for display. 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