CREATIVE Act of 2022
Bill: H.R.9175 | Sponsor: Rep. Bonamici, Suzanne (D-OR)
Policy area: Arts, Culture, Religion

Summary:
Capital, Repairs, and Employment for Art Talent to Improve Visibility Everywhere Act of 2022 or the CREATIVE Act of 2022
This bill directs the National Endowment for the Arts to award grants to local art agencies, museums, or any other tax-exempt nonprofit arts organizations for (1) construction and acquisition of new arts facilities; (2) improving, repairing, or maintaining existing facilities; and (3) hiring and compensation of artists and staff members at an existing arts facility to solicit or produce productions, projects, performances, exhibitions, workshops, or programs.

To amend the National Foundation on the Arts and the Humanities Act of 
     1965 to establish a grant program to improve the quality and 
 availability of arts facilities and arts-related programming, and for 
                            other purposes.

    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 ``Capital, Repairs, and Employment 
for Art Talent to Improve Visibility Everywhere Act of 2022'' or the 
``CREATIVE Act of 2022''.

SEC. 2. GRANTS FOR ARTS-RELATED CONSTRUCTION AND ACQUISITION, 
              MAINTENANCE, AND HIRING.

     The National Foundation on the Arts and the Humanities Act of 1965 
(20 U.S.C. 951 et seq.) is amended by inserting after section 5A the 
following:

``SEC. 5B. GRANTS FOR ARTS-RELATED CONSTRUCTION AND ACQUISITION, 
              MAINTENANCE, AND HIRING.

    ``(a) Grants Authorized.--The Chairperson of the National Endowment 
for the Arts shall carry out a program under which the Chairperson 
awards grants to eligible entities, on a competitive basis, as follows:
            ``(1) Construction and acquisition grants.--The Chairperson 
        may award a grant to an eligible entity to construct or acquire 
        a new facility to house arts productions, projects, 
        performances, exhibitions, workshops, or programs. A grant 
        under this paragraph shall be in an amount that is not more 
        than $5,000,000 and shall remain available for expenditure by 
        the eligible entity for a period of five years from the date on 
        which the grant is disbursed to such entity.
            ``(2) Maintenance and improvement grants.--The Chairperson 
        may award a grant to an eligible entity to improve, repair, or 
        maintain an existing facility housing arts productions, 
        projects, performances, exhibitions, workshops, or programs. A 
        grant under this paragraph shall be in an amount that is not 
        more than $3,000,000 and shall remain available for expenditure 
        by the eligible entity for a period of three years from the 
        date on which the grant is disbursed to such entity.
            ``(3) Hiring and production grants.--The Chairperson may 
        award a grant to an eligible entity to hire or compensate staff 
        members or artists to solicit or produce productions, projects, 
        performances, exhibitions, workshops, or programs at an 
        existing facility. A grant under this paragraph shall be in an 
        amount that is not more than $3,000,000 and shall remain 
        available for expenditure by the eligible entity for a period 
        of three years from the date on which the grant is disbursed to 
        such entity.
    ``(b) Prohibition on Multiple Awards.--An eligible entity may not 
receive more than one grant under subsection (a).
    ``(c) Application.--To be considered for a grant under this 
section, an eligible entity shall submit an application to the 
Chairperson at such time, in such manner, and accompanied by such 
information as the Chairperson may require. At a minimum each 
application shall include the following:
            ``(1) The type of grant for which the entity is applying 
        from among the grant types described in paragraphs (1) through 
        (3) of subsection (a).
            ``(2) A description of the specific purposes for which the 
        entity proposes to use the grant, including, as applicable--
                    ``(A) examples of productions, projects, 
                performances, exhibitions, workshops, or programs that 
                may be--
                            ``(i) housed at a new or existing facility 
                        supported by the grant; or
                            ``(ii) produced by artists or staff members 
                        supported by the grant; and
                    ``(B) the perceived benefits that such productions, 
                projects, performances, exhibitions, workshops, or 
                programs will provide to the communities served by the 
                eligible entity.
            ``(3) A description of the level of access to arts 
        facilities and programming in the communities served by the 
        eligible entity and, if applicable, identification of any 
        disparities or gaps in such access.
            ``(4) A explanation of how the entity conducted, or intends 
        to conduct, outreach and acquire input from the community in 
        which the grant funds will be used, including input from low-
        income individuals, individuals with disabilities, and other 
        underrepresented individuals in such community.
            ``(5) A description of any input received as a result of 
        the outreach under paragraph (4).
            ``(6) A description of the steps the board or other 
        appropriate overseeing body of such eligible entity has taken 
        to ensure that governance of the organization includes 
        representation from individuals described in paragraph (4).
            ``(7) A description of--
                    ``(A) the level of community need for the 
                activities proposed to be carried out with grant funds; 
                and
                    ``(B) the extent to which such activities will be 
                supported by additional funds from the community and 
                other sources.
            ``(8) If applicable, a comprehensive plan describing how 
        the eligible entity will continue to operate any new or 
        existing facility supported by the grant after the grant funds 
        have been expended.
            ``(9) Any other information or assurances the Chairperson 
        determines appropriate.
    ``(d) Priority.--In awarding grants under this section, the 
Chairperson shall give priority to eligible entities that meet one or 
more of the following criteria (with higher priority given to eligible 
entities that meet more than one such criteria):
            ``(1) The eligible entity is located in a community with 
        limited access to high-quality arts productions, projects, 
        performances, exhibitions, or programs, which may be indicated 
        by--
                    ``(A) the community having one or fewer facilities 
                for hosting arts programming;
                    ``(B) the presence of an arts facility in the 
                community that is in state of disrepair or in a 
                physical state that is not conducive to regularly 
                hosting arts programming; or
                    ``(C) the presence of an arts facility in the 
                community that has an inadequate number of staff 
                members or an insufficient focus on arts programming.
            ``(2) The eligible entity proposes to use the grant to 
        expand arts productions, projects, performances, exhibitions, 
        workshops, or programs from linguistically and culturally 
        diverse populations who are considered ethnic, cultural, 
        religious, or linguistic minorities and whose art is 
        underrepresented in popular culture.
            ``(3) The eligible entity demonstrates financial hardship 
        or a level of income insufficient to self-fund the activities 
        for which the grant is sought.
            ``(4) The eligible entity proposes to use the grant to host 
        or produce arts productions, projects, performances, 
        exhibitions, or programs that will have substantial artistic 
        and cultural significance and, if applicable, provide insight 
        and perspective on current or historical events or local or 
        regional economic issues.
            ``(5) The eligible entity is not a recipient of a grant 
        under section 5 and the entity has not previously received a 
        grant under such section.
            ``(6) The eligible entity has not previously received 
        financial support from a local or State government for the 
        activities the entity proposes to carry out with the grant.
            ``(7) The eligible entity proposes to use the grant to 
        improve access to arts productions, projects, performances, 
        exhibitions, or programs for artists with disabilities and 
        other people with disabilities.
            ``(8) The eligible entity is located in a rural community.
            ``(9) The eligible entity provides individual artists and 
        groups of artists with the opportunity to display or produce 
        projects, performances, exhibitions, workshops, or programs.
            ``(10) The eligible entity proposes to use the grant for a 
        purpose that furthers arts education in the community in which 
        such funds will be used.
    ``(e) Supplement, Not Supplant.--An eligible entity that receives a 
grant under this section may use the grant only to supplement, and not 
to supplant, funds made available from non-Federal sources to carry out 
the activities supported by such grant.
    ``(f) Accountability.--
            ``(1) Review.--The Chairperson shall regularly review the 
        activities of eligible entities receiving grants under this 
        section to ensure that such entities are using the grant for 
        the purposes for which it was provided and are otherwise in 
        compliance with the requirements of this section.
            ``(2) Return of funds for misuse.--In the event the 
        Chairperson determines that an eligible entity receiving a 
        grant under this section is misusing grant funds or otherwise 
        failing to comply requirements of this section, the Chairperson 
        shall--
                    ``(A) notify the Secretary of the Treasury and the 
                recipient of such grant that no further grants will be 
                made to such recipient under this section; and
                    ``(B) direct the entity to return to the 
                Chairperson any unused or misappropriated grant funds.
            ``(3) Notice and opportunity for hearing.--Before making a 
        final determination under paragraph (2), the Chairperson shall 
        provide the eligible entity concerned with notice and a 
        reasonable opportunity for a hearing.
    ``(g) Treatment of Unexpended Funds.--Funds received by an eligible 
entity under subsection (a) that are not expended within the allowable 
period specified in such subsection shall be returned to Chairperson 
unless the Chairperson makes a written determination that the entity 
may continue to expend the funds after the expiration of such period.
    ``(h) Reports.--
            ``(1) In general.--On an annual basis during each year of 
        the grant period, an eligible entity that receives a grant 
        under this section shall submit to the Chairperson report that 
        includes a description of the following:
                    ``(A) How the grant funds were used in the year 
                covered by the report.
                    ``(B) The effects, in the immediate term and over 
                the remaining period of the grant, of the activities 
                supported by the grant with respect to--
                            ``(i) increasing access to arts facilities 
                        and programming within the community served by 
                        the eligible entity; and
                            ``(ii) reducing disparities in access to 
                        such facilities and programming in such 
                        communities.
                    ``(C) To the extent applicable, how the grant has 
                or will be used--
                            ``(i) to relieve staffing shortages for the 
                        eligible entity;
                            ``(ii) to improve an existing facility's 
                        ability to host or produce high-quality arts 
                        productions, projects, performances, 
                        exhibitions, or programs;
                            ``(iii) to contribute to the construction 
                        or acquisition of a facility to host or produce 
                        high-quality arts productions, projects, 
                        performances, exhibitions, or programs, and if 
                        acquisition or construction of such facility is 
                        complete, how the facility has been able to 
                        host or assist in the production of such 
                        programming;
                            ``(iv) to support increasing the number of 
                        high-quality arts productions, projects, 
                        performances, exhibitions, workshops, or 
                        programs from linguistically and culturally 
                        diverse populations who are considered ethnic, 
                        cultural, religious, or linguistic minorities 
                        and whose art is underrepresented in popular 
                        culture; and
                            ``(v) to improve access to arts 
                        productions, projects, performances, 
                        exhibitions, or programs for artists with 
                        disabilities and other people with 
                        disabilities.
            ``(2) Public availability.--Not later than 180 days after 
        receiving a report under paragraph (1), the Chairperson shall 
        make the report available on a publicly accessible website of 
        the National Endowment for the Arts.
    ``(i) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local arts agency;
                    ``(B) a museum; or
                    ``(C) any other nonprofit arts organization that is 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and exempt from taxation under section 
                501(a) of such Code.
            ``(2) Museum.--The term `museum' has the meaning given that 
        term in section 273(1) of the Museum Services Act (20 U.S.C. 
        9172(1)).
            ``(3) Rural community.--The term `rural community' means a 
        community in an area that is not designated by the Bureau of 
        the Census as an urbanized area or urban cluster.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section $100,000,000 for each of fiscal years 
        2023 through 2028. Amounts authorized to be appropriated under 
        this subsection are in addition to any amounts otherwise 
        authorized to be appropriated for the National Endowment for 
        the Arts.
            ``(2) Reservations.--From the amount appropriated under 
        paragraph (1) for each fiscal year, the Chairperson--
                    ``(A) shall reserve not less than 20 percent to 
                make grants under this section to eligible entities 
                located in rural communities; and
                    ``(B) may reserve--
                            ``(i) not more than 1 percent to provide 
                        technical assistance to eligible entities that 
                        are receiving grants under this section; and
                            ``(ii) not more than 0.5 percent to ensure 
                        the National Endowment for the Arts has 
                        sufficient personnel to carry out the program 
                        under this section.''.
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