I 117th CONGRESS 2d Session H. R. 9175 IN THE HOUSE OF REPRESENTATIVES October 14, 2022 Ms. Bonamici introduced the following bill; which was referred to the Committee on Education and Labor A BILL 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.

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 . 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: 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. .