PLACE Act

I 116TH CONGRESS 2D SESSION H. R. 7487 To promote and support the local arts and creative economy in the United States. IN THE HOUSE OF REPRESENTATIVES JULY 2, 2020 Ms. PINGREE introduced the following bill; which was referred to the Com- mittee on Education and Labor, and in addition to the Committees on Transportation and Infrastructure, Financial Services, the Judiciary, Vet- erans’ Affairs, Small Business, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7487 IH Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Department of Labor. Sec. 5. Department of Education. 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 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7487 IH (4) The Nation needs to strengthen and im- 1 prove Federal support for a Next Generation econ- 2 omy and workforce. 3 (5) The United States must explore sustainable 4 strategies to create jobs that will endure, will remain 5 reliant on a local workforce, and are unlikely to 6 move overseas. 7 (6) There is great value and untapped potential 8 in the Nation’s rich history, the creative freedoms 9 enjoyed by its people, and the many cultures and 10 traditions that make the United States so unique. 11 (7) Promoting local arts and enhancing the cre- 12 ative economy of the United States would support 13 the Nation’s diverse citizenry, rich traditions, and 14 vast creative talents, including the unique history 15 and continuing vitality of Native American commu- 16 nities. 17 (8) The United States must embrace the oppor- 18 tunities and challenges the country faces and re- 19 imagine the role of the Federal Government in pro- 20 viding support for local arts and expanding the cre- 21 ative economy. 22 (9) The United States needs to engage workers 23 from around the Nation to develop, hone, and share 24 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7487 IH expressions of their cultural heritage, including lan- 1 guages, creative collaborations, and artistic skills. 2 (10) The Nation needs to recognize that there 3 is a broad range of undervalued and underutilized 4 human potential in the United States, and the exist- 5 ence of that human potential has profound social, 6 economic, and workforce ramifications. 7 (11) Securing the future well-being of individ- 8 uals, families, communities, and the Nation will de- 9 pend in part on adopting Federal policies that will 10 increase support for the creative economy. 11 (12) The Nation needs to improve creative 12 workforce readiness and develop an education and 13 job training plan, including a plan for education and 14 training through specialized vocational schools and 15 apprenticeship programs, to ensure that individuals 16 of all ages in the United States can realize their full 17 creative potential now and in the future. 18 (13) Investing in a creative economy workforce 19 would help showcase the Nation’s creative arts, 20 strengthen its capacity for job growth, promote eco- 21 nomic inclusion, boost entrepreneurship, improve 22 and revitalize rural, remote, and underserved areas, 23 and empower communities to share their stories. 24 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7487 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) CREATIVE INDUSTRY OR OCCUPATION.— 3 The term ‘‘creative industry or occupation’’ means— 4 (A) an industry that— 5 (i) has a substantial current or poten- 6 tial impact (including through positions 7 that lead to economic self-sufficiency and 8 opportunities for advancement) on a State, 9 regional, or local economy or a Native 10 American community’s economy, as appro- 11 priate; and 12 (ii) contributes to the growth of busi- 13 nesses or nonprofit organizations that have 14 their origin in individual creativity, skill, 15 and talent, including businesses focused on 16 design, crafts, music, visual arts, media 17 arts, performing arts, language, literature, 18 or expressions of Native American culture 19 or regional or local heritage culture; and 20 (B) an occupation that— 21 (i) currently has or is projected to 22 have a number of positions (including posi- 23 tions that lead to economic self-sufficiency 24 and opportunities for advancement) in an 25 industry sector so as to have a substantial 26 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7487 IH potential impact on a State, regional, or 1 local economy or a Native American com- 2 munity’s economy, as appropriate; and 3 (ii) is comprised of businesses de- 4 scribed in subparagraph (A)(ii). 5 (2) NATIVE AMERICAN.—The term ‘‘Native 6 American’’, used with respect to culture, means the 7 culture of a Native American, as defined in section 8 103 of the Native American Languages Act (25 9 U.S.C. 2902). 10 SEC. 4. DEPARTMENT OF LABOR. 11 (a) WORKFORCE INNOVATION AND OPPORTUNITY 12 ACT.— 13 (1) DEFINITION.—Section 3 of the Workforce 14 Innovation and Opportunity Act (29 U.S.C. 3102) is 15 amended by adding at the end the following: 16 ‘‘(72) CREATIVE INDUSTRY OR OCCUPATION.— 17 The term ‘creative industry or occupation’ has the 18 meaning given the term in section 3 of the PLACE 19 Act.’’. 20 (2) UNIFIED STATE PLANS.—Section 21 102(b)(1)(A) of such Act (29 U.S.C. 3112(b)(1)(A)) 22 is amended— 23 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7487 IH (A) in clause (i), by striking ‘‘occupa- 1 tions;’’ and inserting ‘‘occupations, and creative 2 industries and occupations;’’; and 3 (B) in clause (ii), by striking ‘‘those indus- 4 tries and occupations’’ and ‘‘the sectors, indus- 5 tries, and occupations described in clause (i)’’. 6 (3) REGIONAL COORDINATION.—Section 7 106(c)(1)(C) of such Act (29 U.S.C. 3121(c)(1)(C)) 8 is amended by striking ‘‘occupations’’ and inserting 9 ‘‘occupations, and regional creative industries and 10 occupations,’’. 11 (4) LOCAL PLANS.—Section 108(b)(1)(B) of 12 such Act (29 U.S.C. 3123(b)(1)(B)) is amended by 13 striking ‘‘occupations;’’ and inserting ‘‘occupations, 14 and creative industries and occupations;’’. 15 (5) NATIVE AMERICAN PROGRAMS.—Section 16 166(d)(2)(A)(i) of such Act (29 U.S.C. 17 3221(d)(2)(A)(i)) is amended by inserting ‘‘develop- 18 ment of skills relating to creative industries or occu- 19 pations and’’ before ‘‘training on’’. 20 (6) NATIONAL DISLOCATED WORKER 21 GRANTS.—Section 170 of the Workforce Innovation 22 and Opportunity Act (29 U.S.C. 3225) is amend- 23 ed— 24 (A) in subsection (a)— 25 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7487 IH (i) in paragraph (1)— 1 (I) in subparagraph (A), by strik- 2 ing ‘‘or’’ at the end; 3 (II) in subparagraph (B), by 4 striking the period at the end and in- 5 serting ‘‘; or’’; and 6 (III) by adding at the end the 7 following: 8 ‘‘(C) for purposes of assistance provided 9 under subsection (b)(1)(E), an opioid crisis, as 10 declared by the Secretary after consultation 11 with the Secretary of Health and Human Serv- 12 ices.’’; and 13 (ii) by adding at the end the fol- 14 lowing: 15 ‘‘(3) DISLOCATED WORKER.— 16 ‘‘(A) IN GENERAL.—The term ‘dislocated 17 worker’ means— 18 ‘‘(i) a dislocated worker, as defined in 19 section 3; and 20 ‘‘(ii) for purposes of assistance pro- 21 vided under subsection (b)(1)(E), a recov- 22 ering individual. 23 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7487 IH ‘‘(B) RECOVERING INDIVIDUAL.—The term 1 ‘recovering individual’ means an individual 2 who— 3 ‘‘(i) left employment, or has never 4 been employed, due mainly to opioid use; 5 and 6 ‘‘(ii)(I) has successfully completed a 7 supervised drug rehabilitation program for 8 opioid use and is no longer engaging in the 9 illegal use of opioids, or has otherwise been 10 rehabilitated successfully and is no longer 11 engaging in such illegal use; 12 ‘‘(II) is participating in a supervised 13 rehabilitation program and is no longer en- 14 gaging in such illegal use; or 15 ‘‘(III) is erroneously regarded as en- 16 gaging in such illegal use, but is not en- 17 gaging in such illegal use.’’; and 18 (B) in subsection (b)(1)— 19 (i) in subparagraph (C), by striking 20 ‘‘and’’ at the end; 21 (ii) in subparagraph (D), by striking 22 the period at the end and inserting ‘‘; 23 and’’; and 24 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7487 IH (iii) by adding at the end the fol- 1 lowing: 2 ‘‘(E) to provide employment and training 3 assistance in a creative industry or occupation, 4 in an area where an opioid crisis has been de- 5 clared, as described in subsection (a)(1)(C).’’. 6 (b) CREATIVE ECONOMY GRANT PROGRAM.— 7 (1) IN GENERAL.—The Secretary of Labor, act- 8 ing through the Assistant Secretary for Employment 9 and Training, shall make grants to eligible entities 10 to provide wage subsidies for certain employees in a 11 creative industry or occupation. 12 (2) ELIGIBLE ENTITY.—To be eligible to receive 13 such a grant, an entity shall be a business (including 14 a nonprofit organization) that— 15 (A) is engaged in a creative industry or oc- 16 cupation and has its origin in individual cre- 17 ativity, skill, and talent, including focusing on 18 design, crafts, music, visual arts, media arts, 19 performing arts, language, literature, or expres- 20 sions of Native American culture or regional or 21 local heritage culture; and 22 (B) has fewer than 50 employees for each 23 workday in each of 20 or more calendar weeks 24 in the current or preceding calendar year. 25 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7487 IH (3) APPLICATION.—To be eligible to receive 1 such a grant, an entity shall submit an application 2 to the Secretary of Labor at such time, in such man- 3 ner, and containing such information as the Sec- 4 retary may require. 5 (4) USE OF FUNDS.—An entity that receives a 6 grant under this section shall use the grant funds, 7 during its first year of operation, to provide wage 8 subsidies for employees whose positions involve the 9 individual creativity, skill, or talent described in 10 paragraph (2)(A) rather than administrative, tech- 11 nical, or support functions. 12 SEC. 5. DEPARTMENT OF EDUCATION. 13 (a) CORRECTIONS EDUCATION.—Section 225(b) of 14 the Workforce Innovation and Opportunity Act (29 U.S.C. 15 3305(b)) is amended— 16 (1) by redesignating paragraphs (7) and (8) as 17 paragraphs (8) and (9), respectively; and 18 (2) by inserting after paragraph (6) the fol- 19 lowing: 20 ‘‘(7) education that relates to a creative indus- 21 try or occupation (as defined in section 3 of the Pro- 22 moting Local Arts and Creative Economy Workforce 23 Act of 2020);’’. 24 VerDate Sep 11 2014 22:57 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7487.IH H7487 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7487 IH (b) ADULT EDUCATION.—Section 203 of the Work- 1 force Innovation and Opportunity Act (29 U.S.C. 3272) 2 is amended— 3 (1) in paragraph (1)— 4 (A) by redesignating subparagraphs (B) 5 and (C) as subparagraphs (C) and (D), respec- 6 tively; and 7 (B) by inserting after subparagraph (A) 8 the following: 9 ‘‘(B) gain education or skills relating to a 10 creative industry or occupation (as defined in 11 section 3 of the Promoting Local Arts and Cre- 12 ative Economy Workforce Act of 2020)’’; and 13 (2) in paragraph (2), by inserting ‘‘skills relat- 14 ing to a creative industry or occupation (as defined 15 in section 3 of the Promoting Local Arts and Cre- 16 ative Economy Workforce Act of 2020)’’ before ‘‘or 17 integrated education and training’’. 18 (c) CAREER AND TECHNICAL EDUCATION.—Section 19 3(5) of the Career and Technical Education Act of 2006 20 (20 U.S.C. 2302(5)) is amended— 21 (1) in subparagraph (C), by striking ‘‘and’’ 22 after the semicolon; 23 (2) in subparagraph (D), by striking the period 24 at the end and insert [Text truncated for display. 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