II 

118TH CONGRESS 

2D SESSION S. 3572 

To direct the Secretary of Labor, in consultation with the Chairperson of 

the National Endowment for the Arts, to award grants for arts and 

creative workforce programs. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2024 

Mr. LUJA ́N (for himself and Mr. PADILLA) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To direct the Secretary of Labor, in consultation with the 

Chairperson of the National Endowment for the Arts, 

to award grants for arts and creative workforce programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creative Workforce 

5 Investment Act’’. 

2 

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1 SEC. 2. NATIONAL GRANTS FOR ARTS AND CREATIVE 

2 WORKFORCE PROGRAMS. 

3 Subtitle D of title I of the Workforce Innovation and 

4 Opportunity Act (29 U.S.C. 3221 et seq.) is amended— 

5 (1) by redesignating section 172 (29 U.S.C. 

6 3227) as section 173; and 

7 (2) by inserting after section 171 (29 U.S.C. 

8 3226) the following: 

9 ‘‘SEC. 172. NATIONAL GRANTS FOR ARTS AND CREATIVE 

10 WORKFORCE PROGRAMS. 

11 ‘‘(a) PROGRAM AUTHORIZED.—From the amounts 

12 appropriated under subsection (f), the Secretary, in con13 sultation with the Chairperson of the National Endow14 ment for the Arts, shall award grants, on a competitive 

15 basis, to eligible entities to carry out the arts and creative 

16 workforce programs described in subsection (c)(1). 

17 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

18 under this section, an eligible entity shall submit to the 

19 Secretary and the Chairperson an application at such 

20 time, in such manner, and containing such information as 

21 the Secretary and the Chairperson may require, which 

22 shall include— 

23 ‘‘(1) a description of the arts and creative 

24 workforce program the eligible entity plans to carry 

25 out with the grant, including— 

26 ‘‘(A) cost estimates; 

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1 ‘‘(B) timelines; 

2 ‘‘(C) a description of the final product and 

3 how such product will be made accessible to the 

4 public; 

5 ‘‘(D) the proposed number of employees 

6 the program will employ, including a description 

7 of the creative workers the program will em8 ploy; 

9 ‘‘(E) the number of such proposed employ10 ees who have barriers to employment and a de11 scription of such barriers; and 

12 ‘‘(F) whether the eligible entity will be 

13 working in coordination with a State board or 

14 a local board to employ individuals under the 

15 program, and a description of such coordina16 tion; and 

17 ‘‘(2) a good-faith certification that— 

18 ‘‘(A) during the grant period and during 

19 the 2-year period beginning after the such 

20 grant period— 

21 ‘‘(i) the eligible entity will not 

22 outsource or offshore jobs for the arts and 

23 creative workforce program carried out 

24 with the grant; and 

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1 ‘‘(ii) the eligible entity will not abro2 gate existing collective bargaining agree3 ments of employees of such program; 

4 ‘‘(B) the eligible entity will remain neutral 

5 in any union organizing effort by the employees 

6 of such program during the grant period; and 

7 ‘‘(C) in carrying out such program, the eli8 gible entity will comply with the wage and safe9 ty standards described in subsections (m) and 

10 (n) of section 5 of the National Foundation on 

11 the Arts and the Humanities Act of 1965 (20 

12 U.S.C. 954). 

13 ‘‘(c) USES OF FUNDS.— 

14 ‘‘(1) ARTS AND CREATIVE WORKFORCE PRO15 GRAMS.—An eligible entity that receives a grant 

16 under this section shall use such grant to carry out 

17 an arts and creative workforce program that— 

18 ‘‘(A) shall— 

19 ‘‘(i) provide art or arts programming 

20 that is made publicly available and acces21 sible to other individuals by the eligible en22 tity; and 

23 ‘‘(ii) employ individuals in the labor 

24 market area served by the eligible entity, 

25 which may include the use of such grant to 

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1 cover the cost of wages for such individ2 uals; and 

3 ‘‘(B) may include— 

4 ‘‘(i) outdoor events for the community 

5 (such as concerts, street fairs, art fairs, 

6 community arts events, performances, live 

7 music, or other arts-based activities); 

8 ‘‘(ii) interviews and written stories 

9 that capture and document the history of 

10 the United States— 

11 ‘‘(I) through photographs, nar12 ratives, storytelling, murals, films, 

13 plays, and other media; and 

14 ‘‘(II) that illuminate 

15 marginalized narratives and histories 

16 of all individuals, regardless of in17 come, age, race, religion, legal status, 

18 sexual orientation, or gender identity; 

19 ‘‘(iii) temporary or permanent visual, 

20 literary, or performative public artworks 

21 celebrating community identity, such as— 

22 ‘‘(I) 2- and 3-dimensional visual 

23 artworks such as murals, painted 

24 benches, sculptures, and statues; 

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1 ‘‘(II) interactive or sound-based 

2 artworks; and 

3 ‘‘(III) performative artworks like 

4 concerts, readings, festivals, or dis5 plays of dance or theater; 

6 ‘‘(iv) poetry, writing, photography, 

7 theater, visual or media arts, or dance ex8 hibitions; and 

9 ‘‘(v) programs and works that support 

10 the arts in both schools and community 

11 cultural spaces (including arts-integrated 

12 teaching, place-based arts and cultural 

13 practice, intergenerational education, oral 

14 histories, and the preservation of folk tra15 ditions that elevate a community’s history 

16 and culture, including on Tribal land). 

17 ‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.— 

18 Not more than 5 percent of the funds appropriated 

19 under subsection (f) for a fiscal year may be used 

20 for administrative costs by the Secretary. 

21 ‘‘(d) REPORT.—Not later than 1 year after the first 

22 grant is awarded under this section, and each year there23 after, the Secretary shall report to Congress on the out24 comes of the programs funded under this section for the 

25 preceding year, including— 

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1 ‘‘(1) the number of grants awarded for such 

2 year to eligible entities, disaggregated by the type of 

3 eligible entity listed in subsection (g)(2); and 

4 ‘‘(2) a description of each program assisted 

5 with such a grant, including— 

6 ‘‘(A) the geographic location of the pro7 gram; 

8 ‘‘(B) the length of employment of each in9 dividual who is employed by the program; 

10 ‘‘(C) the percentage of such individuals 

11 who are in unsubsidized employment during the 

12 second quarter after exit from the program; 

13 ‘‘(D) the percentage of such individuals 

14 who are in unsubsidized employment during the 

15 fourth quarter after exit from the program; and 

16 ‘‘(E) the median earnings of such individ17 uals who are in unsubsidized employment dur18 ing the second quarter after exit from the pro19 gram. 

20 ‘‘(e) COPYRIGHT OWNERSHIP.—In accordance with 

21 section 200.315 of title 2, Code of Federal Regulations 

22 (or any successor regulation), and notwithstanding section 

23 2900.13 of such title (or any successor regulation), an au24 thor of a copyrightable work created under any program 

25 funded under this section retains the right of ownership 

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1 under title 17, United States Code, of such work. The 

2 Federal Government may— 

3 ‘‘(1) obtain, reproduce, publish, or otherwise 

4 use the work produced under this section; and 

5 ‘‘(2) authorize another to receive, reproduce, 

6 publish, or otherwise use the work for a Federal 

7 purpose. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $300,000,000 to carry 

10 out this section for fiscal years 2024 through 2026. 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) CREATIVE WORKER.—The term ‘creative 

13 worker’— 

14 ‘‘(A) means any individual who earns (or 

15 previously earned) income through creative, cul16 tural, or artistic-based pursuits to produce 

17 ideas, content, goods, and services (including 

18 educational services), without regard to whether 

19 such income is earned through employment as 

20 an independent contractor or as an employee 

21 for an employer; and 

22 ‘‘(B) may include an art director, artist, 

23 animator, sculptor, writer, author, poet, photog24 rapher, musician, singer, producer, director, 

25 actor, announcer, storyteller, comedian, dancer, 

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1 architect, designer, programmer, choreographer, 

2 or a technician, backstage or behind-the-scenes 

3 staff, curator, arts or community arts educator, 

4 or other support staff member who makes cre5 ative work possible. 

6 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means— 

8 ‘‘(A) a State; 

9 ‘‘(B) a local area (or local board); 

10 ‘‘(C) an entity described in section 166(c); 

11 ‘‘(D) a public or private nonprofit agency 

12 or organization (including a consortium of such 

13 agencies or organizations) that employs, or sup14 ports the employment of, creative workers; or 

15 ‘‘(E) a State workforce agency.’’. 

16 SEC. 3. AUTHORIZATION OF FUNDS FOR THE NEA. 

17 There are authorized to be appropriated to the Chair18 person of the National Endowment for the Arts such sums 

19 as may be necessary for such Chairperson to provide the 

20 consultation required under section 172 of the Workforce 

21 Innovation and Opportunity Act, as amended by section 

22 2. 

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1 SEC. 4. TABLE OF CONTENTS. 

2 The table of contents of the Workforce Innovation 

3 and Opportunity Act is amended by striking the item re4 lating to section 172 and inserting the following: 

‘‘172. National grants for arts and creative workforce programs. 

‘‘173. Authorization of appropriations.’’. 

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