[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4084 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4084

   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 SENATE OF THE UNITED STATES

                             April 9, 2024

  Mr. Welch (for himself, Mr. Fetterman, and Mr. Reed) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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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