Updated October 1, 2024

Review Americans for the Arts summary of federal creative economy legislation.
 

Arts Funding

Congress is currently deciding the federal budget, which shapes how much money is available for arts and culture through the National Endowment for the Arts and how much is available for arts education. Currently, Congress is deliberating between two versions of the federal budget: one that cuts the National Endowment for the Arts budget by 1.5%, and one that increases it by $2 million.

In the past 5 years, the NEA has distributed over $100 million to arts and culture organizations in New York. The majority of those grants go to small- to medium-sized organizations. Congress also has an opportunity to increase funding for arts education, ensuring that students have equitable access to a quality, life-enriching learning. 

• Contact your representatives to urge them to support a $2 million increase to NEA funding and increases to budget items that impact arts education.

 

Arts Workforce

The Federal Emergency Management Agency (FEMA) has implemented major reforms to help self-employed individuals, including artists, receive assistance directly from the agency instead of solely through the Small Business Administration (SBA). This change—effective for disasters happening on or after March 22—focuses on those with business materials at home or in their vehicle. This will enable dance workers—many of whom are entrepreneurs, gig workers or self-employed—to more easily reopen their businesses after a disaster.

• Review one-pager on FEMA updates
• Learn how FEMA's changes will benefit artists and creatives
• Check out the full text of the changes

 

CREATE Act of 2024 (S. 3759 / HR. 3759) The legislation would expand the Small Business Administration’s (SBA) Microloan program qualifications to include artists and arts entrepreneurs, or small businesses that support the creative economy. The bill also provides state, regional, and local arts agencies, artists, and creative workers support through traditional economic development tools.
 

The bipartisan Portable Benefits for Independent Workers Pilot Program Act (S.1696 / H.R. 3482) would provide much-needed access to health care coverage and retirement benefits for those who do gig work, freelance, or independent contracting jobs. 

• Sign on to Grantmakers in the Arts’ endorsement. 
 

The bipartisan Performing Artist Tax Parity Act (H.R. 2871) would restore tax fairness for arts workers by allowing them to deduct necessary expenses related to their work. Current status: House bill is in the House Committee on Ways and Means. As yet, the Senate has not introduced a corresponding bill.


At a congressional briefing this past September, the Professional Non-Profit Theater Coalition (PNTC) launched a new effort to advance the Supporting Theater and Generating Economic Activity (STAGE) Act. This current iteration would also provide $500 million in grant assistance annually to nonprofit theaters for the next five years, or roughly 20% of the eligible organizations’ collective budgets. 

• Message Chuck Schumer to express support for the STAGE Act.

 

Earlier this year, the Federal Trade Commission published a new rule that bans noncompete clauses. This rule states that contracts cannot contain language that prevents employees from accepting new work or starting a new business after their current employment ends. However, the rule has been blocked by a federal district court in Texas. The FTC is considering appealing this ruling to a higher court, which could reinstate their ability to enforce the rule.

• Learn more about how the FTC rule was blocked by a federal judge
• Explore the FTC’s rule banning noncompetes
• Review Jean-Louis Law’s breakdown of the noncompete ban

 

Arts Organizations

The Employee Retention Credit (ERC) offers a refundable payroll tax credit for eligible businesses and tax-exempt organizations to retain employee wages and benefits. However, the IRS unilaterally suspended ERC claims processing in September of 2023, and Congress is considering shutting down the program as part of a larger tax program.

• Check the IRS website to see if you are eligible for this credit.
•  Fill out The Coalition to Preserve American Jobs survey to share your experiences with the ERC as a business or organization.


The Advancing Equity Through the Arts and Humanities Act (H.R. 3239) is potential federal legislation developed with a working group of artists, creatives, and advocates. The legislation would create a program under the National Endowment of the Arts (NEA) and the National Endowment for the Humanities (NEH) to provide public and nonprofit entities (including those led by people of color) to support arts and humanities projects that combat systemic racism. As yet, the Senate has not introduced a corresponding bill.
 

The Fans First Act / Ticket Act (S. 3457/ HR. 3950) aims to address fraud and deceptive practices in the secondary ticket sales market which adversely impacts the dance ecosystem and broader performing arts sector. The bill will prohibit deceptive websites, speculative ticket sales, and create requirements for all ticket sellers to publicly disclose any additional fees involved with ticket prices. 

• Visit the Fix The Tix Coalition to learn more and email your representative in support of the bills.
 

Nonprofit Organizations

The bipartisan Charitable Act (S. 566 / H.R. 3435) would extend the deduction for charitable contributions for individuals not itemizing deductions, encouraging charitable giving among moderate-income individuals.

• Email your representatives to support the Charitable Act.
 

Arts Education

The Guarantee Access to Arts and Music Education Act (GAAME) of 2023 (H.R. 969 / S. 364) would support the needs of elementary and secondary students from low-income families with Title I funds to be used for arts and music programs. These programs would be taught by certified arts and music educators and community arts providers, and “arts” would include dance, media arts, theater, and visual arts. 
 

House Resolution 1033 would designate February 28 as National Community Arts Education Day, with the goal of bringing more recognition to the importance and benefits of a diversified arts education model.
 

Racial Justice

Shortly after the U.S. Supreme Court overturned the use of affirmative action in admittance practices at colleges and universities last summer, and a growing legal backlash against corporate diversity programs has unfolded. Emblematic of this is the lawsuit against Fearless Foundation—a non-profit that provides grants, tools, and mentorship to women of color to combat underfunding in venture capital—which alleges that their grant program violates a federal statute prohibiting race-based discrimination in contracts. 

• Review the Council on Foundations amicus brief defending Fearless Foundation’s grant program under First Amendment rights
• Review the brief submitted by Melody Fowler-Green through the Metro Human Relations Commission in Nashville reaffirming the constitutionality of anti-racist programming
• Review a summary of the Fearless Fund case

 

Advancing Equity Through the Arts and Humanities Act: H.R. 3239 is a federal act to address systemic racism through the arts and humanities in the United States. The proposed legislation would establish a program through the National Endowment for the Arts and the National Endowment for the Humanities that offer grants to public and nonprofit organizations, including those led by people of color, as well as faith-based and community-based groups. The grants will support projects that work towards combating racism and increasing engagement with these organizations.
 

House Resolution 414, reintroduced in 2023, would recognize that the United States has a moral and legal obligation to provide reparations for the enslavement of Africans and its lasting harm on the lives of millions of Black people in the United States.
 

Disability Justice

On April 8, 2024, the U.S. Department of Justice published a new rule under Title II of the Americans with Disabilities Act. This rule sets accessibility requirements for all web content and mobile apps managed by state and local governments. It is instrumental in ensuring that disabled people can access vital government services and participate fully in civic life.

• Check out the Department of Justice’s Press Release
• Review the ADA Fact Sheet on the New Rule
• Learn more about digital accessibility
 

Three bills to increase disability accessibility in the political process were recently introduced:

• The Accessible Voting Act (S. 3748 / H.R. 7389) will make voting in national elections more accessible for people with disabilities.

• The Removing Access Barriers to Running for Elected Office for People with Disabilities Act (S. 3747 / H.R. 7351) will make sure that people with disabilities running for office can still access their federal benefits like Medicaid and SSI.

• The Accessibility and Inclusion to Diversify (AID) Local Government Leadership Act (S. 3749 / H.R. 7350) will give money to small local governments so they can provide accommodations to people with disabilities elected to local government.

• Call and educate your Members of Congress on the importance of improving accessibility in the political process. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121. 

 

The Allowing Steady Savings by Eliminating Tests Act (ASSET Act) (S.4784) would increase the savings disabled people who receive Supplemental Security Income (SSI) can have. Currently, to receive SSI benefits, individuals cannot have more than $2,000 in savings, and couples cannot have more than $3,000. The ASSET Act would raise this amount to $10,000 for individuals and $20,000 for couples.

• Contact your Senators and urge them to support the ASSET act

Supplemental Security Income Restoration Act of 2024 (HR. 7138) would modernize and improve SSI by streamlining the claiming process, increasing asset limits, setting the minimum benefit at 100 percent of the Federal Poverty Level, and eliminating punitive reductions in benefits.

• Use Arc’s template to tell Congress to update SSI now. 


The Better Care Better Jobs Act (S. 100 / HR. 547) is a historic and long-overdue investment in the disability service system as part of a COVID-19 economic recovery to support care for Medicaid recipients and create more and better jobs for the workforce that provides that care. Review the fact sheet.


The Transformation to Competitive Integrated Employment Act (H.R. 1263 / S. 533) supports disabled people in finding, retaining competitive integrated employment, services, and technical assistance and prohibits the payment of subminimum wages. 

To stay updated on disability justice policy, visit The Arc and read Disability Policy News and Crip News.

 

Immigration

Starting April 1, 2024, a new UCSIS rule went into effect, increasing visa fees and changing the application form for O & P visas. It also increases the cost of Premium Processing Service and extends premium processing time, as well as limiting the number of beneficiaries that can be included in a single petition.This means that large ensembles will need to file multiple petitions. Increased UCSIS fees may create additional barriers for immigrant and international artists. By increasing costs for dance organizations to book international talent, the new rule may negatively impact diversity in dance. 

• Explore the UCSIS Frequently Asked Questions on the new rule
• Check out the Artists From Abroad news alert
• Review the final rule via the U.S. Government Federal Register

 

Infrustructure

The Inflation Reduction Act (H.R.5376) and Infrastructure Investment and Jobs Act (H.R.3684) were both passed.

 

AI Policy

Earlier this year, a Senate working group on artificial intelligence (AI) policy released a roadmap with a number of policy recommendations for governing AI. These recommendations emerged from a series of nine AI “Insight Forums” conducted throughout 2023. Recommendations consider issues like copyright transparency, bias in AI, and the impacts of AI on the workforce. So far, Congress has failed to pass comprehensive AI legislation.

The development of AI policy will have large impacts on the creativity, innovation, and livelihoods of the dance community. Congress has the opportunity to develop methods of AI governance that protect employment opportunities that impact the dance workforce.

• Scan a one-page summary of the AI policy roadmap
• Review the full AI policy roadmap
• Check out Tech Policy Press’s AI Insight Forum Tracker