[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7894 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7894
To amend the Public Works and Economic Development Act of 1965 to
authorize the Secretary of Commerce to make grants to professional
nonprofit theaters for the purposes of supporting operations,
employment, and economic development.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2024
Ms. Bonamici introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Financial Services, and Education and the Workforce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Public Works and Economic Development Act of 1965 to
authorize the Secretary of Commerce to make grants to professional
nonprofit theaters for the purposes of supporting operations,
employment, and economic development.
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 ``Supporting Theater and the Arts to
Galvanize the Economy Act'' or the ``STAGE Act''.
SEC. 2. PROFESSIONAL NONPROFIT THEATER GRANTS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 is amended by inserting after section 207 (42
U.S.C. 3147) the following:
``SEC. 208. PROFESSIONAL NONPROFIT THEATER GRANTS.
``(a) Establishment.--The Secretary shall establish a grant
program, to be known as the `Professional Nonprofit Theater Grant
Program' (referred to in this section as the `program'), to provide to
eligible entities funding for the purposes of--
``(1) supporting employment and economic recovery;
``(2) stimulating economic development;
``(3) strengthening community-based arts organizations; and
``(4) improving theater facilities.
``(b) Eligible Entities.--
``(1) In general.--An entity eligible to receive a grant
under the program is a nonprofit organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code--
``(A) that produces or presents live theater and
other performing arts;
``(B) that compensates all professional performers
and related or supporting professional personnel at a
rate that is not less than the prevailing minimum
compensation for persons employed in similar activities
as described in section 5(m) of the National Foundation
on the Arts and the Humanities Act of 1965 (20 U.S.C.
954(m));
``(C) that, prior to the date of application, has
not less than a 3-year history of programming;
``(D)(i) that demonstrates a loss in gross or net
revenue, adjusted for inflation, as defined by the
Secretary; or
``(ii) that primarily serves historically
underserved communities, including populations whose
opportunities to experience the arts have been limited
relative to geography, economics, race or ethnicity, or
disability;
``(E) that has no net earnings benefitting a
private stockholder or individual;
``(F) the primary purpose of which is the nonprofit
arts industry; and
``(G) that, during the 3-year period preceding the
date of application, has not been issued an
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in regulations
issued by the Secretary of Labor, for any violation
of--
``(i) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
``(ii) the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.);
``(iii) subchapter IV of chapter 31 of
title 40, United States Code (commonly known as
the `Davis-Bacon Act');
``(iv) chapter 67 of title 41, United
States Code (commonly known as the `Service
Contract Act');
``(v) Executive Order 11246 (42 U.S.C.
2000e note; relating to equal employment
opportunity);
``(vi) section 503 of the Rehabilitation
Act of 1973 (29 U.S.C. 793);
``(vii) section 4212 of title 38, United
States Code;
``(viii) the Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.);
``(ix) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
``(x) title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.);
``(xi) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.);
``(xii) Executive Order 13658 (79 Fed. Reg.
9851; relating to establishing a minimum wage
for contractors);
``(xiii) the Pregnant Workers Fairness Act
(42 U.S.C. 2000gg et seq.);
``(xiv) the National Labor Relations Act
(29 U.S.C. 151 et seq.); or
``(xv) any applicable State or local labor
or employment law, as defined in regulations
issued by the Secretary of Labor.
``(2) Definition of 3-year history of programming.--
``(A) In general.--In this subsection, the term `3-
year history of programming' means a period of 3 or
more years, consecutively or nonconsecutively,
beginning before August 1, 2020, during which the
nonprofit organization provided programming.
``(B) Inclusion.--In the case of a nonprofit
organization that previously operated a program as a
part of another entity, the nonprofit organization may
include in the 3-year history of programming any arts
programming carried out by the nonprofit organization
as part of the other entity.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Assistance.--In the case of an eligible entity with
low organizational capacity, as determined by the Secretary,
the Secretary may waive the prohibition under section 213.
``(3) Additional requirements.--In any application
submitted under paragraph (1), an eligible entity shall include
an attestation to the Secretary that during the term of the
grant--
``(A) the eligible entity will not abrogate
existing collective bargaining agreements of employees
of the eligible entity;
``(B) the eligible entity will remain neutral
regarding any labor organizing efforts by the employees
of the eligible entity;
``(C) the eligible entity will provide workplace
conditions that are sanitary and not hazardous or
dangerous to the health and safety of an employee as
provided under section 5(m) of the National Foundation
on the Arts and the Humanities Act of 1965 (20 U.S.C.
954(m));
``(D) the eligible entity will compensate all
professional performers and related or supporting
professional personnel at a rate that is not less than
the prevailing minimum compensation for persons
employed in similar activities as described in section
5(m) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 954(m)); and
``(E) the use of funds by the eligible entity will
contribute to providing or facilitating gainful
employment for professional performers and related or
supporting professional personnel.
``(d) Eligible Uses.--A grant provided under the program may be
used for any of the following, subject to the condition that the use
will contribute to the long-term economic viability of the eligible
entity and the employment of professional performers and related or
supporting professional personnel:
``(1) Payroll costs for professional performers and related
or supporting professional personnel.
``(2) Rent, utilities, mortgage interest payments,
scheduled interest payments on scheduled debt and outstanding
loans, administrative costs, and other ordinary and necessary
business and operating expenses, as determined by the
Secretary.
``(3) Expenses associated with the fabrication of scenery,
costumes, and other elements for live theatrical productions.
``(4) Costs associated with the improvement, repair, or
maintenance of an existing facility housing theatrical
productions, projects, performances, workshops, or programs,
with priority given to costs for upgrades necessary for fully
accessible workplaces for professional performers and related
or supporting professional personnel with disabilities.
``(5) Marketing expenses to promote productions, projects,
performances, workshops, programs, or recruitment of staff and
artists.
``(6) Investments in workforce development programs,
including paid job training and retraining programs related to
the operation of professional nonprofit theaters.
``(7) In the case of an eligible entity that has, during
the 3-year period preceding the date of application, an average
combined annual revenue and assets of less than $30,000,000,
costs associated with the construction or acquisition of a new
facility to house theatrical productions, projects,
performances, workshops, or programs.
``(8) Other uses, as determined by the Secretary.
``(e) Limitations.--
``(1) In general.--A grant provided under the program shall
not exceed an amount equal to the lesser of--
``(A) 20 percent of the total expenditures of the
eligible entity during the most recent fiscal year; and
``(B) $16,000,000.
``(2) No reduction of professional performers.--An eligible
entity may not use trainees, interns, or other similar
positions to displace, substitute for, supplant, or otherwise
replace professional performers and related or supporting
professional personnel.
``(f) Priority.--In providing grants under the program, the
Secretary may give priority to--
``(1) an application from an eligible entity that plans to
allocate the majority of the grant funds for uses described in
subsection (d)(1); and
``(2) an application from an eligible entity that serves as
the primary theatrical venue for a geographical region.
``(g) Technical Assistance.--
``(1) In general.--The Secretary may use not more than 1
percent of funds made available to carry out the program to
provide technical assistance to eligible entities requiring
assistance navigating the Federal grants process.
``(2) Priority.--In providing technical assistance under
paragraph (1), the Secretary shall give priority to eligible
entities that have not previously received a Federal grant.
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out the program $1,000,000,000 for
each of fiscal years 2024 through 2028.
``(2) Reservations.--Of the amounts made available under
paragraph (1) for each fiscal year, not less than 50 percent
shall be reserved for eligible entities that primarily produce
theater.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (Public
Law 89-136; 79 Stat. 552; 112 Stat. 3597; 118 Stat. 1761) is amended by
inserting after the item relating to section 207 the following:
``Sec. 208. Professional nonprofit theater grants.''.
SEC. 3. STUDY ON SUSTAINING THE NONPROFIT ARTS SECTOR.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the President's Committee on the Arts and the Humanities,
in consultation with the Chairperson of the National Endowment for the
Arts, the Chairperson of the National Endowment for the Humanities, and
the Director of the Institute of Museum and Library Services, shall
conduct a study on Federal support for the nonprofit arts sectors.
(b) Contents.--In conducting the study under subsection (a), the
President's Committee on the Arts and the Humanities shall consider,
and include recommendations regarding, the steps the Federal Government
can take to sustain the nonprofit arts sector and bolster the economic
impact of that sector for workers, small businesses, and communities,
including rural and underserved communities.
(c) Stakeholder Input.--In conducting the study under subsection
(a), the President's Committee on the Arts and the Humanities shall
solicit input from stakeholders, including artists, nonprofit arts
organizations and employees of nonprofit arts organizations, small
businesses, organized labor organizations representing workers in the
nonprofit arts sector, and State, local, and Tribal governments.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the President's Committee on the Arts and the Humanities
shall--
(1) submit to Congress a report on the results of the study
conducted under subsection (a); and
(2) make the report publicly available.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out this section.
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