,,ii #aahth ,,congress #b;d ,session ,s4 #djhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjbd,mr4 ,welch 7for himself1 ,mr4 ,fetterman1 and ,mr4 ,reed7 introduced the following bill2 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 #aife to authorize the ,secretary of ,commerce to make grants to professional nonprofit theaters for the purposes of supporting operations1 employment1 and economic development4 #a4 ,short title ,this ,act may be cited as the ,supporting ,theater and the ,arts to ,galvanize the ,economy ,act or the ,,stage ,act4 #b4 ,professional nonprofit theater grants 7a7 ,in general ,title ,,ii of the ,public ,works and ,economic ,development ,act of #aife is amended by inserting after section #bjg 7#db ,u4,s4,c4 #cadg7 the following3 #bjh4 ,professional nonprofit theater grants 7a7 ,establishment ,the ,secretary shall establish a grant program1 to be known as the ,professional ,nonprofit ,theater ,grant ,program 7referred to in this section as the program71 to provide to eligible entities funding for the purposes of-- 7#a7 supporting employment and economic recovery2 7#b7 stimulating economic development2 7#c7 strengthening community-based arts organizations2 and 7#d7 improving theater facilities4 7b7 ,eligible entities 7#a7 ,in general ,an entity eligible to receive a grant under the program is a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code-- 7,a7 that produces or presents live theater and other performing arts2 7,b7 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 #e7m7 of the ,national ,foundation on the ,arts and the ,humanities ,act of #aife 7#bj ,u4,s4,c4 #ied7m772 7,c7 that1 prior to the date of application1 has not less than a #c-year history of programming2 7,d7 7i7 that demonstrates a loss in gross or net revenue1 adjusted for inflation1 as defined by the ,secretary2 or 7ii7 that primarily serves historically underserved communities1 including populations whose opportunities to experience the arts have been limited relative to geography1 economics1 race or ethnicity1 or disability2 7,e7 that has no net earnings benefitting a private stockholder or individual2 7,f7 the primary purpose of which is the nonprofit arts industry2 and 7,g7 that1 during the #c-year period preceding the date of application1 has not been issued an administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in regulations issued by the ,secretary of ,labor1 for any violation of-- 7i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7iii7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7iv7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7v7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7vi7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7vii7 section #dbab of title #ch1 ,united ,states ,code2 7viii7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7ix7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7x7 title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq472 7xi7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7xii7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 7xiii7 the ,pregnant ,workers ,fairness ,act 7#db ,u4,s4,c4 #bjjj;gg et seq472 7xiv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 or 7xv7 any applicable ,state or local labor or employment law1 as defined in regulations issued by the ,secretary of ,labor4 7#b7 ,definition of #c-year history of programming 7,a7 ,in general ,in this subsection1 the term #c-year history of programming means a period of #c or more years1 consecutively or nonconsecutively1 beginning before ,august #a1 #bjbj1 during which the nonprofit organization provided programming4 7,b7 ,inclusion ,in the case of a nonprofit organization that previously operated a program as a part of another entity1 the nonprofit organization may include in the #c-year history of programming any arts programming carried out by the nonprofit organization as part of the other entity4 7c7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,assistance ,in the case of an eligible entity with low organizational capacity1 as determined by the ,secretary1 the ,secretary may waive the prohibition under section #bac4 7#c7 ,additional requirements ,in any application submitted under paragraph 7#a71 an eligible entity shall include an attestation to the ,secretary that during the term of the grant-- 7,a7 the eligible entity will not abrogate existing collective bargaining agreements of employees of the eligible entity2 7,b7 the eligible entity will remain neutral regarding any labor organizing efforts by the employees of the eligible entity2 7,c7 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 #e7m7 of the ,national ,foundation on the ,arts and the ,humanities ,act of #aife 7#bj ,u4,s4,c4 #ied7m772 7,d7 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 #e7m7 of the ,national ,foundation on the ,arts and the ,humanities ,act of #aife 7#bj ,u4,s4,c4 #ied7m772 and 7,e7 the use of funds by the eligible entity will contribute to providing or facilitating gainful employment for professional performers and related or supporting professional personnel4 7d7 ,eligible uses ,a grant provided under the program may be used for any of the following1 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 personnel3 7#a7 ,payroll costs for professional performers and related or supporting professional personnel4 7#b7 ,rent1 utilities1 mortgage interest payments1 scheduled interest payments on scheduled debt and outstanding loans1 administrative costs1 and other ordinary and necessary business and operating expenses1 as determined by the ,secretary4 7#c7 ,expenses associated with the fabrication of scenery1 costumes1 and other elements for live theatrical productions4 7#d7 ,costs associated with the improvement1 repair1 or maintenance of an existing facility housing theatrical productions1 projects1 performances1 workshops1 or programs1 with priority given to costs for upgrades necessary for fully accessible workplaces for professional performers and related or supporting professional personnel with disabilities4 7#e7 ,marketing expenses to promote productions1 projects1 performances1 workshops1 programs1 or recruitment of staff and artists4 7#f7 ,investments in workforce development programs1 including paid job training and retraining programs related to the operation of professional nonprofit theaters4 7#g7 ,in the case of an eligible entity that has1 during the #c-year period preceding the date of application1 an average combined annual revenue and assets of less than #cj1jjj1jjj1 costs associated with the construction or acquisition of a new facility to house theatrical productions1 projects1 performances1 workshops1 or programs4 7#h7 ,other uses1 as determined by the ,secretary4 7e7 ,limitations 7#a7 ,in general ,a grant provided under the program shall not exceed an amount equal to the lesser of-- 7,a7 #bj percent of the total expenditures of the eligible entity during the most recent fiscal year2 and 7,b7 #af1jjj1jjj4 7#b7 ,no reduction of professional performers ,an eligible entity may not use trainees1 interns1 or other similar positions to displace1 substitute for1 supplant1 or otherwise replace professional performers and related or supporting professional personnel4 7f7 ,priority ,in providing grants under the program1 the ,secretary may give priority to-- 7#a7 an application from an eligible entity that plans to allocate the majority of the grant funds for uses described in subsection 7d77#a72 and 7#b7 an application from an eligible entity that serves as the primary theatrical venue for a geographical region4 7g7 ,technical assistance 7#a7 ,in general ,the ,secretary may use not more than #a percent of funds made available to carry out the program to provide technical assistance to eligible entities requiring assistance navigating the ,federal grants process4 7#b7 ,priority ,in providing technical assistance under paragraph 7#a71 the ,secretary shall give priority to eligible entities that have not previously received a ,federal grant4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the program #a1jjj1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7#b7 ,reservations ,of the amounts made available under paragraph 7#a7 for each fiscal year1 not less than #ej percent shall be reserved for eligible entities that primarily produce theater4 4 7b7 ,clerical amendment ,the table of contents contained in section #a7;b7 of the ,public ,works and ,economic ,development ,act of #aife 7,public ,law #hi-acf2 #gi ,stat4 #eeb2 #aab ,stat4 #ceig2 #aah ,stat4 #agfa7 is amended by inserting after the item relating to section #bjg the following3 ,sec4 #bjh4 ,professional nonprofit theater grants4 4 #c4 ,study on sustaining the nonprofit arts sector 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,president's ,committee on the ,arts and the ,humanities1 in consultation with the ,chairperson of the ,national ,endowment for the ,arts1 the ,chairperson of the ,national ,endowment for the ,humanities1 and the ,director of the ,institute of ,museum and ,library ,services1 shall conduct a study on ,federal support for the nonprofit arts sectors4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,president's ,committee on the ,arts and the ,humanities shall consider1 and include recommendations regarding1 the steps the ,federal ,government can take to sustain the nonprofit arts sector and bolster the economic impact of that sector for workers1 small businesses1 and communities1 including rural and underserved communities4 7c7 ,stakeholder input ,in conducting the study under subsection 7a71 the ,president's ,committee on the ,arts and the ,humanities shall solicit input from stakeholders1 including artists1 nonprofit arts organizations and employees of nonprofit arts organizations1 small businesses1 organized labor organizations representing workers in the nonprofit arts sector1 and ,state1 local1 and ,tribal governments4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,president's ,committee on the ,arts and the ,humanities shall-- 7#a7 submit to ,congress a report on the results of the study conducted under subsection 7a72 and 7#b7 make the report publicly available4 7e7 ,authorization of appropriations ,there is authorized to be appropriated #a1jjj1jjj to carry out this section4