A persuasive advocate should be up to date on the key issues affecting the opera sector.

Read the latest news on advocacy efforts prepared by OPERA America's director of government affairs and civic practice — and check back for regular updates.

Review the key issues affecting opera and the arts with resources and downloadable briefs prepared by the Cultural Action Group.

Advocacy Updates

Issued March 6, 2026

FY27 Appropriations - Dear Colleague Letter 

Earlier this week, Representative Bonamici’s (OR-1) office with Rep. Salazar (FL-27), Rep. Cleaver (MO-5), and Rep. Turner (OH-10) released a “Dear Colleague” letter to invite representatives to join them in sending a letter to the House Appropriations Interior Subcommittee requesting at least $213 million for the National Endowment for the Arts (NEA) in Fiscal Year (FY) 2027. As a reminder, “Dear Colleague” letters are official correspondence widely distributed to congressional offices. Members, committees, and officers of the House of Representatives often use “Dear Colleague” letters to encourage others to cosponsor, support, or oppose legislation. As these letters are a helpful tool in the appropriations process, you can contact your representative here asking them to sign onto the letter today! 

Supreme Court declines to take up AI Art Copyright Issue

Earlier this week, the Supreme Court has declined to consider the copyrightability of artwork generated purely autonomously by artificial intelligence, leaving in place the US Copyright Office and federal courts  “human authorship requirement” for copyright protection. The Copyright Office distinguished between AI as a creative tool assisting humans and AI as a stand-in for human creativity, emphasizing that copyright protection is only available where a human exercises ultimate creative control. Analysis and further details courtesy of Morgan Lewis Legal.  

Department of Labor Proposed Rule Change on Employee or Independent Contractor Status Determination

The Department of Labor has issued a proposed rule on employee or independent contractor status, rescinding a 2024 final rule and replacing it with a modified and updated 2021 rule. Under the proposed revived 2021 rule, two core factors (control over the work and opportunity for profit and loss) are given greater weight and generally are determinative in most cases.  The DOL rule will not affect how states define independent contractors under their respective employment statutes, including states with more demanding standards such as the “ABC” test. The new rule also would not redefine who an independent contractor is under the Internal Revenue Code, the National Labor Relations Act, or other federal laws beyond the FLSA, FMLA, and MSPA. Analysis courtesy of Jackson Lewis Legal. 

Issued March 2, 2026

National Coalition Against Censorship Delivers Testimony at Capitol Hearing

On February 23, 2026, Lee Rowland, Executive Director of the National Coalition Against Censorship (NCAC), delivered testimony before the House Committee on the Judiciary at its spotlight hearing, “Silencing Dissent: The First Amendment Under Attack.” Drawing on NCAC’s direct advocacy work with students, educators, artists, curators, and cultural institutions nationwide, this testimony outlines how executive actions, regulatory enforcement, and political coercion have undermined free inquiry in schools, universities, museums, media outlets, and public institutions. Read Lee’s full testimony here.

State Attorneys General Call to Investigate Nonprofits

A coalition of 19 Republican state Attorneys General (AGs) urged the U.S. Department of Justice (DOJ) to investigate over 150 U.S.-based nonprofits that work on environmental and other issues, accusing them of "taking money from foreign entities to influence energy policy in the United States." Without evidence, the state AGs allege that the nonprofits may be in violation of the Foreign Agents Registration Act (FARA) because they received grants from foundations with headquarters outside the United States. FARA requires individuals or entities to register with the DOJ with they are acting at the "order, request, or under the direction or control" of “foreign principals,” such as governments, parties, or companies. AGs from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Montana, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia signed the letter. Update courtesy of National Council of Nonprofits

GSA Publishes Text of Draft "Illegal DEI" and Other New Certifications for Federal Grantees on SAM.gov

Last week, the U.S. General Services Administration (GSA) had published a proposal to update federal grantees' standard certifications in the System for Award Management (SAM) to "align with" the U.S. Department of Justice's (DOJ) "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination" from July 2025. Federal grant recipients should take note, as this text could become the first uniform, government-wide certification implementing Executive Order 14173, which ordered the prohibition of "illegal" diversity, equity, and inclusion (DEI) and/or diversity, equity, inclusion, and accessibility (DEIA) practices. The text also includes new certifications addressing matters beyond DEI, such as immigration and anti-terrorism. As expected, the draft text includes certifications that the registering entity does not engage in behavior that violates federal antidiscrimination laws and clarifies that this obligation applies to programs or practices characterized as DEI. More specifically, the proposed text states that "Federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as" DEI or DEIA. While DOJ has acknowledged that not all DEI initiatives are necessarily unlawful, this clarification confirms that such initiatives remain a subject of enhanced scrutiny by the federal government. The public comment period remains open until March 30, 2026, for GSA's proposal to change the SAM certification language. Update courtesy of Venable LLP

President imposes 10% global tariff after US Supreme Court ruling

Last week, the President announced a 10% global tariff to be signed under Section 122 of the Trade Act of 1974 after the Supreme Court, in a 6-3 decision, held that the International Emergency Economic Powers Act (IEEPA) of 1977 does not authorize the president to impose tariffs.

Court Ends Education Directive to Restrict DEI Practices at Universities

A federal district court issued a final ruling on Feb. 18, permanently invalidating a directive from the U.S. Department of Education (DoE) to restrict diversity, equity, and inclusion (DEI) practices at schools and universities. As a result, the Department’s guidance is no longer in effect and cannot be enforced. Update courtesy of National Council of Nonprofits

Key Advocacy Issues

Prepare to take action by reviewing the key issues with online resources and downloadable briefs prepared by the Cultural Advocacy Group