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Washington, DC, Arts Advocacy Season

Late winter and early spring is the time for organized arts advocacy in Washington, DC. AFM President Ray Hair makes an annual trip to Washington, DC, to lend his leadership to our legislative-political mission. The results are always highly successful, not just for AFM musicians, but for musicians across the country. Hair’s presence raises the status of all artists, as well as all other workers in arts and entertainment disciplines, who are affected in some way by the Executive, Legislative, and Judicial branches of government.

In February and March, our advocacy work extended across a range of government platforms. This is a brief round-up of our activities.

AFM President Hair’s
Policy Visit to Washington, DC

OC Alfonso Pollard pic 1 State Department Meeting Principles2

(L to R) National Symphony Orchestra Violist and International Conference of Symphony and Opera Musicians (ICSOM) Governing Board Member Jennifer Mondie; State Department Program Officer Julia Gomez-Nelson; Chief Cultural Programs Division for the State Department Bureau of Educational and Cultural Affairs Amy Bliss-Iacoella; AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard.

On March 14 and 15, Hair, National Symphony Orchestra Violist Jennifer Mondie, who is also on the governing board of the International Conference of Symphony and Opera Musicians (ICSOM); AFM Director of Touring, Theatre, and Immigration Michael Manley; and AFM Canada Executive Director Liana White joined me in Washington, DC, to lobby on a broad range of issues.

Hair’s first stop was at the US Department of State where he was hosted by the Cultural Diplomacy Division, Bureau of Educational and Cultural Affairs, Chief Amy Bliss-Iacoella. The purpose of the meeting was to open doors with the State Department relating to cultural exchange for professional musicians interested in travel abroad as representatives of the US Government. A more in-depth report will follow in the May 2016 International Musician.

The day concluded with a reception for Congressman Jerrold Nadler (D-NY 10) to discuss HR 1733, the Fair Play Fair Pay Act, as well as the progress of his congressional race. Nadler is the original sponsor of the Fair Play Fair Pay bill along with Representative Marsha Blackburn (R-TN 7).

On March 15, Hair and his staff participated in an hour-long visit with Representative Bennie Thompson (D-MS 2) who serves as the ranking member of the House Homeland Security Committee. The purpose of the meeting was to discuss possible solutions to delays in P-2 and O-1 visa processing by the US Citizenship and Immigration Services (USCIS) service centers in Vermont and California.

During the meeting, we also raised our objections about visa approvals by USCIS that were counter to the AFM negative opinion letters for groups with flawed applications that the AFM does not believe meet federal immigration guidelines. Work on resolutions to these issues is moving forward; we are confident that solutions will be forthcoming.

That afternoon, Hair and I attended a meeting of the US Trade Representative Labor Advisory Council (LAC) at the office of the US Trade Representative. The LAC is responsible for providing reports on trade agreements to the President, Congress, and the Office of the US Trade Representative at the conclusion of trade agreement negotiations. The meeting agenda and council deliberations are confidential. During the meeting, Hair brought up important issues related to trade.

At the end of the day, we joined labor affiliates at a reception for Congressman Cedric Richmond (D-LA 2) at the United Union’s building. Richmond graciously gave Hair and me a 15-minute audience to discuss the Fair Play Fair Pay Act, as well as immigration. He is a member of both the House Homeland Security and Judiciary committees.

On March 16, I attended a reception for
a great friend of the AFM, Representative Louise Slaughter (D-NY 25). In addition  to being the ranking member of the powerful House Rules Committee, Slaughter is a founding member and co-chair of the House Arts Caucus that helps deliver member support for federal arts programs, in particular the National Endowment for the Arts. Her decades-long support for the arts in America, as well as her ability to organize members of Congress around our issues, is priceless. The AFM is committed to helping her remain in the US Congress.

Arts Advocacy Day

(L to R) AFM Director of Touring, Theater, and Immigration Michael Manley, AFM Canada Executive Director Liana White, AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard.

(L to R) AFM Director of Touring, Theater, and Immigration Michael Manley, AFM Canada Executive Director Liana White, AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard.

Each year, the AFM serves as a national cosponsor for Arts Advocacy Day. This event brings more than 500 arts advocates to Washington, DC, to make the case about the economic and cultural value that the arts bring to communities across the country. In addition to the Nancy Hanks Lecture on Arts and Public Policy at the Kennedy Center and a White House briefing on administration-supported federal arts programs and policy, a broad range of arts-related issues are lobbied with House and Senate members, and their staff. These meetings leave an indelible impression about the power of the arts to make positive change in our communities.

Arts Advocacy Day, hosted by Americans for the Arts, is recognized on the Hill as one of a few important Washington, DC, arts-related conferences trusted by federal leaders. A few of this year’s issues were: arts education funding and policy, support for the National Endowment for the Arts and other federal arts agencies, charitable giving and tax policy, visa processing and cultural exchange, and support for public broadcasting.

Recently Introduced
Arts Legislation

On February 8, Senator Orrin Hatch (R-UT), along with Senator Patrick Leahy (D-VT), introduced S 2510, the Arts Require Timely Service Act of 2016 (ARTS Act), which codifies O and P visa processing times. The bill, as outlined on the Library of Congress website: “… amends the Immigration and Nationality Act to require the Department of Homeland Security (DHS) to adjudicate O and P visa petitions (nonimmigrant visas for aliens with extraordinary ability or achievement, and athletes, artists, and entertainers) within 14 days after receiving such petitions and related documents. The bill grants premium visa processing without charge to a petitioner that is a nonprofit arts organization, if DHS does not meet the deadline for adjudicating a visa petition.”

The ARTS Act was introduced in the 113th Congress and passed out of the Senate. However, it failed for the lack of House action on immigration reform.

On March 8 (Arts Advocacy Day), Senator Tom Udall (D-NM) Introduced S 2648, the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2016 (the CREATE Act). It provides for a host of new arts-related tax proposals in addition to arts-related proposal expansions into such federal programs as the Small Business Administration; Departments of Commerce, Agriculture, and Homeland Security; the Internal Revenue Service; and the Federal Emergency Management Agency, to name a few. The objective is to create arts-specific programs that help entrepreneurs in the arts to take advantage of federal program business guidance and funding.

2016 Actions and Issues that Count

2016 Actions and Issues that Count

The future of our union depends on creating a platform that supports a legislative-political movement that gives voice to every member. Over the years, AFM members have stepped up in their locals responding to calls for activism, participating in federal, state, and local political and legislative campaigns sponsored by the union and AFL-CIO state federations and labor councils. Proactive grass-roots efforts like these have allowed the AFM to be recognized by our brothers and sisters in labor who work daily to move the union’s agenda.

I am pleased to announce that the AFM is now building a national movement that will serve as the foundation for our political and legislative efforts. We invite you to join.

Our February 8 initial national call comprised AFM Signature TEMPO Program leadership members. We created a working committee that will focus on two important things. First, it will create a national rapid reaction force that responds to legislative “calls to action,” including, but not limited to, letter writing and calls. This force will also organize/bring new members into the movement who have a similar desire to be effective advocates on federal, and in some cases, state legislative actions.

Secondly, this group of highly motivated members will help plan a national legislative-political conference and day of action in Washington, DC. We are seeking the IEB’s approval to have a “fly-in” event in our nation’s Capital once a year to lobby members of Congress and participate in helpful workshops and other activities designed to build grass-roots action back home. It is anticipated that the Legislative-Political conference will be open to local officers, as well as rank-and-file members who, working through their locals, would like to come to Washington, DC, to lobby Capitol Hill.

Such a network is critically important. Having a year-round dedicated group of activists committed to this kind of action keeps the union from having to “drum up” activists to help move our agenda every time a new issue requires grass-roots action. Use of social media and other technical media platforms will allow AFM members to participate in legislative-political activities at home in real time.

If you would like to join the process and participate in monthly calls, join the AFM TEMPO Signature Program to be placed on our active rolls. AFM members can find access to the TEMPO Signature Program at the AFM.org home page, under Announcements.

What key issues will we need help with in 2016?

Immigration: Expediting O and P-2 visas are a critical component of our legislative work. Recently, AFM President Ray Hair praised the introduction of the Arts Require Timely Service (ARTS) Act (S.2510), a bill that would streamline the visa process for musicians and other artists traveling to the US. The ARTS Act would instruct the USCIS to process arts-related O and P visas in 14 days. Further, it would reduce waiting times by requiring USCIS to treat any nonprofit arts-related O and P visa petitions that it fails to adjudicate within 14 days as a premium processing case (15-day turn around), free of additional charge. We will need help from AFM members writing letters and calling their Senators and urging them to sign on as co-sponsors and vote for the legislation when it comes before the Senate.

H.R. 1733, the Fair Play Fair Pay Act

Introduced in 2015 by Representatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN),  The Fair Play Fair Pay Act, as outlined on Nadler’s web page would:

  • Create a terrestrial performance right so that AM/FM radio competes on equal footing with its Internet and satellite competitors who already pay performance royalties. This would resolve the decades-old struggle for performance rights and ensure that—for the first time—music creators would have the right to fair pay when their performances are broadcast on AM/FM radio.
  • Bring true platform parity to all forms of radio, regardless of the technology.
  • Pay fair market value for music performances. This levels the playing field and ends the unfair and illogical distortions caused by the different royalty standards that exist today.
  • Ensure terrestrial royalties are affordable, capping royalties for stations with less than $1 million in annual revenue at $500 per year (and at $100 a year for noncommercial stations), while protecting religious and incidental uses of music from having to pay any royalties at all.
  • Make a clear statement that pre-1972 recordings have value and those who are profiting from them must pay appropriate royalties for their use, while we closely monitor the litigation developments on this issue.
  • Protect songwriters and publishers by clearly stating that nothing in this bill can be used to lower songwriting royalties.
  • Codify industry practices, streamlining the allocation of royalty payments to music producers.
  • Ensure artists receive their fair share from direct licensing of all performances eligible for the statutory license.

AFM members are asked to write, email, or call their representatives and express support for fair treatment of musicians whose sound recordings are played on AM/FM radio.

Recent Actions

On February 2, President Obama released his FY 2017 budget. Contained within this federal spending guide are a number of items that support the arts in the US. Bearing in mind that this is the President’s wish list; the budget will undergo scrutiny in the House and Senate, which hopefully will lead to a compromise that keeps strong arts-related funding in place. Of note, the president has proposed an increase in funding for the National Endowment for the Arts (NEA), from the current $148 million to $150 million.

The budget also includes a $500 million block grant to states and school districts to be used to help fund arts initiatives in the schools, as outlined in the new Every Student Succeeds Act that now recognizes music as a part of the core curriculum. In addition, the budget includes funding in the NEA’s budget for the Military Healing Arts Partnership to help wounded, ill, and injured service members and their families in their recovery and/or transition to civilian life. (You can learn more about this program at: https://www.arts.gov/partnerships/nea-military-healing-arts.) Building a national movement and platform for legislative-political action will help us move this agenda that is critical to the life of our union. We invite you all to join us as we plan our future.

AFM Solidifies Federal Arts Relationships

On August 25, AFM International President Ray Hair traveled to Washington, DC, to strengthen our ties with federal arts leaders. This full day of activity ended with solid gains in our relationships with two of our nation’s most historic and highly valued arts agencies.

National Endowment for the Arts

National Endowment for the Arts (NEA) Chair Dr. Jane Chu graciously hosted a meeting with AFM President Ray Hair and myself

to discuss how the AFM and the NEA can work together moving the endowment’s agenda. Chu, who is an accomplished pianist, studied music growing up. She eventually received a bachelor’s degree in piano performance and music education from Ouachita Baptist University, as well as master’s degrees in music and piano pedagogy from Southern Methodist University. Chu also holds a master’s degree in business administration from Rockhurst University and a

L to R) NEA Chair Jane Chu, AFM President Ray Hair, AFM Legislative Director Alfonso Pollard, and NEA Music & Opera Director Ann Meier Baker at NEA headquarters in Washington, DC.

L to R) NEA Chair Jane Chu, AFM President Ray Hair, AFM Legislative Director Alfonso Pollard, and NEA Music & Opera Director Ann Meier Baker at NEA headquarters in Washington, DC.

PhD in philanthropic studies from Indiana University.

Our meeting was also attended by National Endowment for the Arts Music & Opera Director Ann Meier, who is an accomplished vocalist, with a long list of outstanding vocal and administrative credits. After some discussion between Hair and Chu about their undergraduate and graduate studies in the North Texas area, the conversation shifted to NEA programs and how these programs support a broad range of community arts and professional organizations that help support the careers of AFM musicians. Chu also gave a quick overview of her newest initiative “Creativity Connects,” which will examine how the arts are central to the nation’s “creativity ecosystem” and investigate how support systems for the arts have changed. The project also will explore how the arts connect with other industries.

In addition, the NEA celebrates its 50th Anniversary this year and Chu extended a personal invitation to Hair to encourage AFM members to participate in the agency’s “Tell Us Your Story” project. The goal is to gather stories about how the arts have influenced your life. The link to the project is http://arts.gov/tell-us-your-story. Hair strongly encourages all AFM members to visit the site and leave powerful stories about themselves and their artistic lives. We feel that AFM members have some of the most compelling stories in the industry. Take a moment to reveal yourselves.

Smithsonian Museum

(L to R) Curator of American Music John Edward Hasse with AFM President Ray Hair and AFM Legislative Director Alfonso Pollard at the Smithsonian National Museum of American History.

(L to R) Curator of American Music John Edward Hasse with AFM President Ray Hair and AFM Legislative Director Alfonso Pollard at the Smithsonian National Museum of American History.

Later in the day, Hair followed up on a special invitation from Dr. John Edward Hasse, curator of American music at the Smithsonian Institution’s National Museum of American History. For decades, Hasse has interacted with the AFM and with AFM musicians, especially in the Washington, DC, area. His unique invitation included a behind-the-scenes tour of the museum with an eye toward partnering with the AFM to possibly acquire historic union documentation that outlines professional work by some of America’s greatest artists and prominent AFM members.

Aside from sharing background about some of the museum’s most precious musical artifacts, we visited locations within the museum that are being developed as new performance sites. However, one of the most important aspects of the visit included a discussion about how the Smithsonian can partner with the AFM to acquire relevant performance artifacts of the most renowned AFM members, past and present.

This is an exciting project and Hair has promised to work with Hasse on possibilities. AFM members with ideas must first contact Hair or myself. Of course, these artifacts will involve only materials of the highest value and quality and there is no guarantee of acceptance of every idea. However, your thoughts are always welcome. Feel free to reach out to our office.

AFM Diversity Awards

2016 AFM Diversity Awards: Recognizing Innovation and Union Building

The “Official Call” for Diversity Award nominations will appear in the October edition of the International Musician, as well as on AFM social media sites. In preparation, we will take a look at the role of diversity in our labor union and the process of recognizing members through the Diversity Awards.

Celebrating the diversity of the American Labor Movement is a cornerstone of virtually every AFL-CIO affiliated national and international union. The AFM Diversity Committee has the responsibility to monitor and assist locals while interacting with numerous outside labor organizations to strengthen the purpose and foundation of the labor movement by ensuring access for every American worker.

Several vital AFL-CIO affiliated constituency groups are in place to help us achieve our goals. The AFM has a long history of interaction with each of them. These groups include the AFL-CIO Civil Rights and Women’s Rights Department, the A. Philip Randolph Institute, the AFL-CIO Union Veterans Council, the Asian Pacific American Labor Alliance, the Coalition of Black Trade Unionists, the Coalition of Labor Union Women, the Labor Council for Latin American Advancement, and Pride at Work. These national organizations help ensure that every constituent of the labor movement has a voice in organizing, governance, and politics.

AFM Diversity Awards

AFM Diversity Committee members outside the Riviera Casino in Las Vegas, Nevada, last year. At that meeting were: AFM President Ray Hair, Director of Organizing & Education Paul Frank, Legislative-Political & Diversity Director Alfonso Pollard, Diversity Committee Chair and Local 47 (Los Angeles, CA) then Vice President John Acosta, Local 5 (Detroit, MI) Secretary-Treasurer Susan Barna Ayoub, Otis Ducker of Local 161-710 (Washington, DC), Ernie Durawa of Local 433 (Austin, TX), Miho Matsuno of Local 802 (New York City), Paul Harwood of Local 406  (Quebec Musicians’ Guild), Local 174-496 (New Orleans, LA) President Deacon John Moore, IEB Member and Local 105 President (Spokane, WA) Tina Morrison, Local 40-543 (Baltimore, MD) Secretary-Treasurer Mary Plaine, Madelyn Roberts of Local 586 (Phoenix, AZ), Lovie Smith Wright of
Local 65-699 (Houston, TX), and Local 6 (San Francisco, CA) Secretary-Treasurer Beth Zare

The AFM Diversity Awards were created to recognize outstanding examples of diversity in the Federation. As an arts and entertainment union, our organization is immersed in talent from a strong demographic base that represents every musical genre. The work of our members is rooted in musical excellence and recognition that every musician brings a level of professionalism that is unparalleled throughout the international music community. The AFM Diversity Committee plays a key role in supporting that diversity. It recognizes the innovation of our members every three years at the AFM Convention. This is where we highlight the best of the talents we possess through our tri-annual awards process.

It is important to note that selection is designed as an open process. The final determinations are made by outside labor-affiliated judges. These neutral adjudicators review the finalists’ applications and select the winning candidates. It is imperative that, as the selection process progresses throughout the “call” period, the Diversity Committee and union officials do the broadest outreach possible. Members that devote time and energy developing union-building projects that lead to growth through organizing help solidify the platform that serves as the foundation upon which the longevity of our institution depends. Every member of the union should be notified of the program and selection process so that all members, regardless of ethnicity or cultural background, have a chance to enter their unique programs and offerings for consideration.

The 2016 awards process is currently being tooled to ensure that the “call” for submissions will be transmitted well beyond our usual communications platforms. Social media will play a vital role, along with information submitted to membership through the usual local communications regimens. The AFM Diversity Committee’s job is to reach out to every musician in our union so that each has equal access to the submission and selection process. Winners are invited to the AFM Convention June 2016 in Las Vegas, Nevada, where the awards ceremony will take place.

Over the years, past award winners were honored for a range of accomplishments. At the 2013 convention, the Youth Award for an individual under 20 years of age went to James Francies, Jr. This award was renamed the Charles McDaniel Youth Awards in memory of Charles McDaniel, a longtime Diversity Committee member and youth advocate. Robin Fay Massie-Pighee received the Youth Award for an individual between the ages of 21 and 35 years. The Charles Walton Diversity Advocate Award went to AFM Local 140 Secretary-Treasurer Edward Zebrowski in Wilkes-Barre, Pennsylvania, and the President’s Award went to AFM Local 47 (Los Angeles, CA).

The AFM Convention is a time to look forward. Key issues facing member musicians are discussed and resolved. Officials are elected to ensure AFM’s continued longevity and success. But the convention is also a time to honor locals and members who have gone above and beyond the call of duty as musicians and local AFM members.

Applications for 2016 award nominations will be available this fall. The official call will be announced in the October International Musician. We encourage every local and every member to step forward and nominate those who are doing extraordinary work on behalf of the union and the communities they live in and serve.

TEMPO: One of the AFM’s Most Effective Advocacy Tools

The Taskforce for Employment of Musicians Promotional Organization (TEMPO) was established in 1961 when the AFM was steeped in legislative battles over copyright, the Cabaret Tax, and royalty distribution, which followed prior legislative battles over the LEA Act, the National Labor Relations Act, and a host of other federal legislative initiatives. The need to help AFM-friendly federal legislators stay in Washington, DC, to continue the fight on behalf of professional musicians remains essential to our existence. TEMPO is one of the most recognized and highly respected bipartisan labor affiliated political action committees in Washington, DC. Because of the relevant successes that the AFM Office of Government Relations and the fund have accomplished, these important internal institutions have served to provide high quality, added value to your AFM membership.

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Outstanding Local Legislative Work: Local 47 Uses Legislative Power to Secure Film Scoring Jobs

In addition to organizing and contract administration, engaging local and state legislatures remains an important pathway toward job security. This month, I want to begin reporting nationally on outstanding accomplishments made by local leaders and members who organize legislatively and politically to help secure the jobs and futures of our members and their families.

AFM Local 47 (Los Angeles, CA) has been on a parallel path with federal legislative efforts to stem the tide of offshoring the sound scoring jobs. As the AFM National Legislative Office works with members of Congress to reform tax extender legislation focused on the film industry, Local 47 officers and members have successfully accomplished new state tax credit legislation designed to close loopholes in current law. The work of Local 47 and its coalition has been relentless and highly effective. The issue of runaway production is one that affects many AFM members and we commend Local 47 President John Acosta and all Local 47 officers and members for their tireless efforts. The following text from a Local 47 press release outlines their progress.

LOS ANGELES, CA (MARCH 30, 2015) — Thousands of California musicians suffering from the effects of runaway production are encouraged by a new bill that aims to close loopholes relating to music scoring in the California Film and Television Job Retention Act.

AB 1199, authored by Assemblymember Adrin Nazarian, introduces language that would, for the first time, require a specified amount of the total expenditures relating to music post-production be done in California in order for a production to qualify for an added rebate. Musicians applaud this preliminary language as a significant step in the right direction, and are optimistic that further development of the bill will continue to improve upon the existing tax credit program as it relates to music scoring in California.

These initial proposals come as a result of significant inroads made by members of AFM Local 47, representing more than 7,000 Los Angeles musicians. The Local 47 political committee, which includes President John Acosta and rank-and-file members, has been working with Los Angeles Mayor Eric Garcetti’s office and local legislators, including Nazarian, to continue efforts to amend California’s Film & Television Tax Credit Program in conjunction with the interests of musicians in the state.

Amended last September by AB 1839, the existing tax incentive program—which awards $330 million annually—offers a 20% credit on qualified expenses up to $100 million for feature films and television shows, and a 25% credit for relocated TV series and independent films. The law allows for an additional 5% credit of qualified expenditures when an unspecified portion of the music scoring and music-track recording by musicians is done in California. AB 1199 would for the first time require that a minimum of 75%, or an expenditure of $100,000, for music scoring and track-recording be done in-state for productions to qualify for the added credit, similar to a requirement for visual effects implemented by AB 1839.

While the current program does include an added bonus for post-production work done in-state, it does not make doing this work in California a requirement, and productions still receive significant credits, even if all post-production is done out of state. Musicians are happy that AB 1199 furthers continued efforts to ensure those production companies that benefit from California’s $330 million annual tax credit program are made accountable to hold professional musicians to the same industry standard as actors, writers, directors, grips, carpenters, drivers, and other industry workers.

“The magic of movies is remembered by the music,” says Nazarian. “When ‘Jaws’ roars onto the screen, it’s the music that flutters your heart. We need to support our homegrown talent in Los Angeles. This tax credit will ensure the creation and production of our musical magic remains and thrives in Los Angeles.”

AB 1199 is endorsed by all AFM locals in California through the California Conference, which comprises Locals 47, 353 (Long Beach, CA), 308 (Santa Barbara, CA), 7 (Orange County, CA), 325 (San Diego, CA), 6 (San Francisco, CA), 12 (Sacramento, CA), 424 (Richmond, CA), and 189 (Stockton, CA). To date, our quickly growing list of supporters also includes The Recording Academy (Los Angeles and San Francisco chapters), The Society of Composers & Lyricists, UFCW Local 770, American Society of Music Arrangers and Composers.

In a recent communication, Local 47 President Acosta indicated that, on May 18, Locals 6, 12, 47, and 50 came together to get AB1199 through the Committee on Tax & Revenue. The bill passed unanimously. See the article in the Hollywood Reporter.

In the coming months, I will report on other legislative work being done across the country on behalf of our musicians. We thank each of our locals for their attention to this work as we strive to build a solid legislative and political foundation in states across the country.

AFM Co-Sponsors Arts Advocacy Day

Each spring, Americans for the Arts, one of the nation’s largest, most effective, and most influential arts advocacy organizations, sponsors a week-long summit of activities in the nation’s capital centered on a national day of advocacy/lobbying, Arts Advocacy Day. Each year, the AFM is a national co-sponsor. As a co-sponsor, the Federation is involved in pre-event legislative planning and event organizing. In addition, over the years, the union has cooperated in congressional office visits with its counterparts from arts organizations across the country. This year, more than 500 arts advocates representing these organizations converged on Washington, DC, to promote a wide range of policy issues that are critical to sustaining a national arts presence on Capitol Hill and throughout the US.

Geographic lobbying groups expressed their support for a broad range of policy issues. These issues include: support for the National Endowment for the Arts (NEA), NEA and National Endowment for the Humanities (NEH) budget appropriations, US Department of Education funding for Arts in Education, strengthening arts education in the Elementary and Secondary Education Act (ESEA), tax reform that encourages charitable giving to the arts, fair market value tax deductions for works donated to charitable organizations, the Office of Museum Services, public broadcasting, community media (local television), Department of State cultural exchange programs, improved visa processing for foreign guest artists through USCIS, arts in health, protecting wireless technology for arts and media, and net neutrality.

The Nancy Hanks Lecture

This year, as in previous years, the Nancy Hanks Lecture series was held at the John F. Kennedy Center for the Performing Arts. The lecture, a centerpiece of the week’s events, featured the Atlanta Youth Orchestra and other diverse artists. Tribute was paid to Jack Golodner, Esq., former AFM member and founding director of the AFL-CIO Department for Professional Employees. Golodner played a pivotal role in the creation of the National Council on the Arts and was instrumental in the development of the Kennedy Center.

Keynote speaker for the evening was television producer, author, and social activist Norman Lear. Lear’s comments centered on the power of the arts and humanities to unite mankind when all seems lost. He spoke about how he used the art of storytelling to create the platform for one of the most renowned national political organizations in this country, People for the American Way. He said that American culture cannot and must not be out of touch with humanity. He also spoke about how messages from his television shows helped establish moral certainty in the lives of many actors and others in America who carry forward the torch of cultural harmony.

Opening Plenary

The AFM was represented at this year’s opening plenary by Local 161-710 (Washington, DC) President Edgardo Malaga, Kennedy Center Opera House trombonist and Local 161-710 board member and legislative-political coordinator Doug Rosenthal, and me. More than 500 arts organization delegates from across the country were briefed on legislative lobbying issues.

Keynote speaker for the event was National Endowment for the Arts Chair Jane Chu. Chu discussed the importance of the delegates’ presence in Washington, DC, and how their efforts lend much needed support to the federal mission of promoting and preserving the arts in America. She talked about how the NEA’s mission goes beyond funding to advocacy for critically unique programs like Art Works, Challenge America, and Our Town. The organization also promotes and supports research relating to arts and healing through special partnerships, plus special programs focused on the arts and the military.

White House Briefing

National Symphony Orchestra violist and ICSOM governing board member Jennifer Mondie, a member of Local 161-710, and I represented the AFM at the annual White House briefing. This forum allowed White House and federal agency staff to provide an extensive overview of Obama Administration support for the arts in terms of funding, outreach, program modeling, research, and metrics. Agency programs focused on in-depth analysis of the impact of the arts and their intrinsic value, as well as the economic enrichment the arts provide to American communities. This data is shared with Congress, and now also with more state and municipal government agencies. It is available to arts organizations seeking qualified research necessary to improve their programs.

Though the title “Arts Advocacy Day” seems to imply a one-day gathering, in reality, it is a weeklong series of events. The 2015 Congressional Arts Handbook from Americans for the Arts provides useful data and statistics for arts organizations. You can download a copy at: www.americansforthearts.org/by-program/reports-and-data/legislation-policy/legislative-issue-center/congressional-arts-handbook.

Local 161-710 member Douglas Rosenthal

Local 161-710 member Douglas Rosenthal

Local 161-710 (Washington D.C.) PResident Edgardo Malaga

Local 161-710 (Washington D.C.) PResident Edgardo Malaga

Local 161-710 member Jennifer Mondie

Local 161-710 member Jennifer Mondie

Useful AFM Legislative-Political Tools

Over the past two years, the AFM Office of Government Relations has developed new tools to help both local officers and our members navigate the many policy and political matters relevant to musicians. This month I would like to highlight these tools in an effort to make them easier to access. Each is available on our website for your use. I look forward to working with members, local officers, and conferences to help make more useful resources. I look forward to answering any questions you may have.

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“Cromnibus” Government Spending Package: What’s in It for the Arts?

As the 113th Congress comes to a close and Republicans prepare to take over both chambers, Congressional leaders on both sides of the aisle, for both practical and political reasons, battled in the final month of 2014 over passage of government spending priorities.

“Cromnibus” is a hybrid term that was coined as the 113th Congress worked to fund the government for both the short and long term. The word combines both terms and conditions of a “Continuing Resolution,” which is often used as a short-term, stop-gap funding measure, and a long-range, one-year “Omnibus” spending package for all federal agencies, designed to outline government departmental budget spending priorities and limitations.

The 113th Congress is now sine die (indefinitely adjourned). At this writing, both the Cromnibus and Tax Extenders bills have been sent to the White House for President Obama’s signature. Despite several delays—a White House veto threat over the scope of these tax extenders, the President’s immigration policy, as well as the need for Senate Democrats to move forward with the President’s government agency and judicial nominees—a deal was finally struck December 13, 2014 on the Cromnibus. It was signed by President Obama December 16, 2014. That same day, the Senate passed a package of tax extenders and sent them to the White House for the President’s signature.

This means that critical government agencies did not have to shut down or provide limited services. The government is open.

AFM Cromnibus Issues

Interior Appropriations: $146 million each for the National Endowment for the Arts and for the National Endowment for the Humanities. This matches FY 2014 funding levels. As for our work on African elephant ivory, the Interior appropriations package does not include a House policy rider that prohibited funding for the development or revisions of regulations regarding imported ivory. Our lobbying work continues with outside partners to remedy the negative effects on international travel for musical instruments that contain small portions of African elephant ivory.

Department of Education Appropriations: The Arts in Education program will remain funded at $25 million in spite of ongoing battles over the years to end the program.

Labor, Health and Human Services, Education, and Related Agencies: The Corporation for Public Broadcasting (PBS, NPR) will remain funded at the $445 million level.

Pension Provisions: The Cromnibus bill includes a number of multi-employer pension provisions aimed at troubled multi-employer plans facing insolvency. These new provisions would do a number of things. Most notably, the new provisions would cut benefits to retirees who have already earned those benefits. This is not a concern for the AFM-EPF plan as it is estimated to be solvent until the year 2047. AFM staff participated in weekly pension strategy calls throughout the year. More details about our plan and how it is affected by this new legislation will come from AFM-EPF Plan Trustees.

Tax Extenders: Throughout 2014, House Ways and Means and the Senate Finance committee members and staff struggled over passage of tax programs that needed to be extended in order for taxpayers to take advantage of a 2014 deduction.

Section 181-Film and Television Production: First and foremost for the AFM is a provision in section 181 of the internal revenue tax code that extends tax subsidies for film companies. Both the House and Senate devised and passed provisions that would extend these subsidies. The sticking points centered on the duration, whether permanent as proposed in the House or for two years as proposed in the Senate. In addition, both chambers agreed to the inclusion of new language that provides the same tax break to live theater. While the AFM worked and helped develop legislation that would require 100% of production costs of film and television to be done in the US before the subsidy could be applied, we also supported the live theater provision on behalf of our union brothers and sisters at Actor’s Equity and SAG-AFTRA. The enhanced 181 provision was included for one year so that taxpayers can make the deduction only for the tax year 2014. Though the AFM provision was not included in this year’s package, it serves as our marker when Congress revisits tax extenders again in 2015. As the clock ticked away in the lame duck session, Congress decided not to institute a long conference session to hammer out details.

Other Tax Extenders

The following tax extensions are worth mentioning, either because of the impact they have on individuals and/or arts related nonprofit charities. The AFM strongly suggests that you consult your tax adviser to see whether these benefits apply to your situation.

Deduction for mortgage insurance premiums: Those of you who put down a small down payment to buy a home, may have been required to pay for mortgage insurance to protect the lender against default. This tax break lets you deduct the cost of your premiums, if you itemize your deductions.

Income exclusion for mortgage debt that’s been forgiven: If you sold your home for less than what you owed the bank (under water), or if your home was foreclosed, the bank may have agreed to forgive the remaining debt you owed. The IRS typically treats that forgiven debt as taxable income. This tax break lets you exclude it from your income.

Tax-free IRA withdrawals for charity: With this measure, anyone above age 70 1/2 may take tax-free distributions of up to $100,000 from a traditional IRA, if the money was distributed directly to an eligible charity.

Thanks to our members’ hard work over the years, more long awaited news is in the federal pipeline. We anticipate additional good news at the end of the year. We will share it in the next edition of the International Musician.

The New Balance of Power in Washington, DC

On November 4, AFM members across the country exercised their rights as they voted in national midterm elections. As Republican candidates picked up victories across the country, important AFM House and Senate champions from both parties were able to retain their seats. Our eyes were set on those who, over the years, have exercised leadership with legislation and regulatory issues we currently have moving in Washington, DC.

Two critical retirements by longtime arts and entertainment supporters, Senator Carl Levin (D-MI) and Representative Howard Coble (R-NC), will have a profound positive impact on AFM labor, aviation, film, and copyright issues moving currently and in the future. We wish them well in retirement.

Department of Transportation Musical Instrument Carry-On Negotiators: (L to R) Local 161-710 (Washington, DC) President Ed Malaga; Local 257 (Nashville, TN) President Dave Pomeroy; AFM President Ray Hair, ICSOM Governing Board Member, National Symphony Orchestra Violist, and Local 161-710 Member Jennifer Mondie; AFL-CIO Department for Professional Employees Assistant to the President Eric Geist; AFM Legislative-Political Director Alfonso Pollard; and Performing Arts Alliance General Manager Cristine Davis; Not pictured: League of American Orchestras Vice President for Government Relations Heather Noonan; The Recording Academy Director of Government Relations Todd Dupler; Recording Industry Association of America Senior Vice President for Public Policy Morna Williams; Chamber Music America Chief Executive Officer Margaret Lioi; and Performing Arts Presenters President and CEO Mario Garcia Durham.

The 2014 midterm elections ushered in a host of new congressional members shifting the Senate majority from Democratic to Republican, while newly elected Republican members boost the current House Majority. In the House, Representative John Boehner (R- OH) is expected to retain his position as Speaker of the House, while Senate Minority Leader Mitch McConnell (R-KY) will most likely replace current Senate Democratic Majority Leader Harry Reid (D-NV). Both chambers are fairly well seated with the exception of at least one important race that will not be decided until long after November 4. Current 113th Congress Senate member include 53 Democrats, 45 Republicans, and two Independents. Changes following the 2014 election set the new numbers at 44 Democrats, 53 Republicans, two independents, with one unsettled race in Louisiana.

As of the end of November, one Senate run-off election is still to be settled. Incumbent Democratic Senator Mary Landrieu is locked in a run-off battle against Republican Bill Cassidy. The run-off will take place December 6.

There were 36 governorships up for election, as well as governorships in the American territories of Northern Marianas Islands, Guam, and the US Virgin Islands. After November 4, Republicans maintained majority leadership in the national governor’s association with 25 Republican, 10 Democratic and two independent governors winning their elections.

As the AFM looks forward to moving legislation in Washington, DC, it is even more important to call on AFM members to engage their representatives in the Congress. This includes telephone calls, letters, e-mails, and other methods of communication that give a clear indication about the depth of our organization and the strength of our resolve.

The AFM will be confronted with tax, immigration, employment, healthcare, arts and entertainment, copyright, aviation, and other issues that will have a profound impact on our industry. I want to thank members who weigh in on these issues and encourage others to join in our government relations efforts. It is the responsibility in the Office of Government Relations to address matters that impact every segment of our union. Your voice is always welcome. When the 114th Congress gavels in this January 2015, we will again ask for your help. We know you will come through in the future as effectively as you have in the past. Thank you for your service and thank you for voting. Feel free to contact my office if you have questions or need information about the issues.