‘‘SEC. 5. DIRECT FINANCIAL ASSISTANCE TO SUPPORT THE
ARTS AND THE HUMANITIES.
‘‘(a) PROGRAM.—The Director shall establish and im-
plement a program to carry out the purposes of this Act
by making grants to nonprofit groups to carry out
projects, productions, and workshops in the fields of arts
education and humanities education.
‘‘(b) APPLICATION.—No grant or contract may be
made under subsection (a) except upon the submission of
an application in such form, at such time, and containing
such information and assurances as the Director may re-
quire by rule.
‘‘(c) FEDERAL SHARE.—Funds received under this
section by a group may not be used to pay more than 50
percent of the project or production for which the group
receives financial assistance under this section.
‘‘(d) PEER REVIEW RELATING TO SUPPORT FOR
THE ARTS.—The Director shall use advisory panels to re-
view, and make recommendations to the Director regard-
ing approval of, applications for grants and contracts to
support the arts. The Director shall issue rules and estab-
lish procedures—
‘‘(1) to ensure that all panels are composed, to
the extent practicable, of individuals reflecting a
wide geographic, ethnic, and minority representation
as well as individuals reflecting diverse artistic and
cultural points of view,
‘‘(2) to ensure that all panels include represen-
tation of lay individuals who are knowledgeable
about the arts but who are not engaged in the arts
as a profession and are not members of either art-
ists’ organizations or arts organizations,
‘‘(3) to ensure that panels reviewing and mak-
ing recommendations requiring applications for
grants and contracts to support the arts include rep-
resentatives from arts education associations,
‘‘(4) to ensure that, when feasible, the proce-
dures used by panels to carry out their responsibil-
ities are standardized,
‘‘(5) to require panels—
‘‘(A) to create written records summariz-
ing—
‘‘(i) all meetings and discussions of
such panel, and
‘‘(ii) the recommendations made by
such panel to the Director, and
‘‘(B) to make such records available to the
public in a manner that protects the privacy of
individual applicants and panel members,
‘‘(6) to require, when necessary and feasible,
the use of site visitations to view the work of the ap-
plicant and deliver a written report on the work
being reviewed, in order to assist panelists in mak-
ing their recommendations, and
‘‘(7) to require that the membership of each
panel change substantially from year to year and to
provide that each individual is ineligible to serve on
a panel for more than 3 consecutive years.
‘‘(e) CONFLICT OF INTEREST.—
‘‘(1) DISQUALIFICATION.—In making appoint-
ments to panels, the Director shall ensure that an
individual who is an employee or agent of an entity
with a pending application for financial assistance
under this Act, or does not serve as a member of
any panel before which such application is pending.
‘‘(2) PERIOD OF DISQUALIFICATION.—The pro-
hibition described in the preceding sentence shall
commence with respect to such individual beginning
on the date such application is submitted and shall
continue for so long as such application is pending.
‘‘SEC. 6. FINANCIAL ASSISTANCE TO STATES TO SUPPORT
THE ARTS AND THE HUMANITIES
‘‘(a) PROGRAM.—The Administrator shall establish
and implement a program to carry out the purpose of this
Act by making grants to eligible States in accordance with
this section.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this subsection for a fiscal year, a State shall submit
an application at such time, in such form, and containing
such information and assurances as the Director may re-
quire by rule, including a plan that contains the following:
‘‘(1) The identity of the State agency (herein-
after in this section referred to as the ‘‘State agen-
cy’’) that the State is then designating as the sole
agency for the administration of the State plan.
‘‘(2) Assurances that—
‘‘(A) a grant received under this section by
the State will be expended solely on projects
and productions approved by the State agency
for 1 or more of the uses specified in section 2,
and
‘‘(B) the State agency will make such re-
ports, in such form and containing such infor-
mation, as the Director may from time to time
require, including a description of the progress
made toward achieving the goals of such plan.
‘‘(3) A certification that the State agency has
held, after reasonable notice, public meetings in the
State to allow all artists, individuals involved in the
humanities, interested organizations, and the public
to present views and make recommendations regard-
ing such plan.
‘‘(4) A summary of such recommendations and
the State agency’s response to such recommenda-
tions.
‘‘(5) A description of the level of participation
during the most recent preceding year for which in-
formation is available, by organizations comprised of
artists, organizations comprised of individuals in-
volved in the humanities, arts organizations, and hu-
manities organizations, in projects and productions
for which financial assistance is provided under this
section by the State.
‘‘(6) A description, for the most recent preced-
ing year for which information is available, of the
extent to which projects and productions for which
financial assistance is provided under this section by
the State are available to all people and communities
in the State.
‘‘(7) A description of projects and productions
that receive financial assistance under this sub-
section from the State agency that exist, or are
being developed—
‘‘(A) to secure wider participation of art-
ists, individuals involved in the humanities, arts
organizations, and humanities organizations,
and
‘‘(B) to address the availability of the arts
and the humanities to all people or communities
in the State.
‘‘(c) FEDERAL SHARE.—Funds received under this
section by a State may not be used to pay more than 50
percent of the project or production for which the State
provides financial assistance under this section.
‘‘(d) MAINTENANCE OF EFFORT.—Funds received
under this section by a State shall not be used to supplant
non-Federal funds.
‘‘SEC. 7. ADDITIONAL CONDITIONS APPLICABLE TO FINAN-
CIAL ASSISTANCE TO SUPPORT THE ARTS.
‘‘It shall be a condition of the receipt of financial as-
sistance to support the arts, provided under sections 5 and
6 by the Director or the State agency, that the applicant
for such assistance include in its application—
‘‘(1) a detailed description of the proposed
project, production, or workshop for which the appli-
cant requests such assistance,
‘‘(2) a timetable for the completion of such pro-
posed project, production, or workshop, and
‘‘(3) an assurance that the applicant will sub-
mit—
‘‘(A) interim reports describing the appli-
cant’s—
‘‘(i) progress in carrying out such
project, production, or workshop, and
‘‘(ii) compliance with this Act and the
conditions of receipt of such assistance,
‘‘(B) if such proposed project, production,
or workshop will be carried out during a period
exceeding 1 year, an annual report describing
the applicant’s—
‘‘(i) progress in carrying out such
project, production, or workshop, and
‘‘(ii) compliance with this Act and the
conditions of receipt of such assistance,
and
‘‘(C) not later than 90 days after—
‘‘(i) the end of the period for which
the applicant receives such assistance, or
‘‘(ii) the completion of such project,
production, or workshop,
whichever occurs earlier, a final report to the
Director or the State agency (as the case may
be) describing the applicant’s compliance with
this Act and the conditions of receipt of such
assistance.
‘‘SEC. 8. ADDITIONAL CONDITIONS APPLICABLE TO ALL FI-
NANCIAL ASSISTANCE.
‘‘(a) MINIMUM
WAGE
AND
SAFETY
REQUIRE-
MENTS.—It shall be a condition of the receipt of financial
assistance provided under this Act that the group of excep-
tional talent or the State receiving such assistance furnish
adequate assurances to the Secretary of Labor that—
‘‘(1) all professional performers and related or
supporting professional personnel (other than labor-
ers and mechanics with respect to whom labor
standards are prescribed in subsection (b) of this
section) employed on projects, productions, or work-
shops that are financed in whole or in part under
this Act will be paid, without subsequent deduction
or rebate on any account, not less than the mini-
mum compensation as determined by the Secretary
of Labor to be the prevailing minimum compensa-
tion for persons employed in similar activities, and
‘‘(2) no part of any project or production which
is financed in whole or in part under this Act will
be performed or engaged in under working condi-
tions which are unsanitary or hazardous or dan-
gerous to the health and safety of the employees en-
gaged in such project, production, or workshop.
Compliance with the safety and sanitary laws of the State
in which the performance or part thereof is to take place
shall be prima facie evidence of compliance. The Secretary
of Labor shall have the authority to prescribe standards,
regulations, and procedures as the Secretary of Labor may
deem necessary or appropriate to carry out this sub-
section.
‘‘(b) PREVAILING WAGE.—It shall be a condition of
the receipt of financial assistance provided under this Act
that the group of exceptional talent or the State receiving
such grant furnish adequate assurances to the Secretary
of Labor that all laborers and mechanics employed by con-
tractors or subcontractors on construction projects as-
sisted under this Act shall be paid wages at rates not less
than those prevailing on similar construction in the local-
ity as determined by the Secretary of Labor in accordance
with the Act of March 3, 1931, ch. 411, 46 Stat. 1494
(40 U.S.C. 276a–276a–5), commonly known as the Davis-
Bacon Act. The Secretary of Labor shall have with respect
to the labor standards specified in this subsection the au-
thority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z–15)
and section 2 of the Act of June 13, 1934, as amended
(40 U.S.C. 276c).
‘‘SEC. 9. DIVISION AND ALLOTMENT OF APPROPRIATED
FUNDS.
‘‘(a) DIVISION
OF FUNDS.—Of the funds appro-
priated for any fiscal year to carry out this Act—
‘‘(1) 50 percent shall be available to make
grants and contracts in accordance with sections 5
and 6 to support the arts, and
‘‘(2) 50 percent shall be available to make
grants and contracts in accordance with sections 5
and 6 to support the humanities.
‘‘(b) ALLOTMENT OF FUNDS AVAILABLE TO SUP-
PORT THE ARTS.—The amount referred to in subsection
(a)(1) shall be allotted in accordance with this subsection.
‘‘(1) To carry out section 6 to support the arts,
the Director shall reserve not less than 50 percent
of the amount referred to in subsection (a)(1) and
shall allot the reserved amount as follows:
‘‘(A) Each eligible State shall be allotted
the sum of—
‘‘(i) an equal share of the reserved
amount until the reserved amount equals
$10,000,000 available for allotment under
this clause, and