 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
             SUBCHAPTER X--PROGRAMS OF NATIONAL SIGNIFICANCE
 
                        Part D--Arts in Education
 
     subpart 2--cultural partnerships for at-risk children and youth
 
Sec. 8104. Payments; amounts of award; cost share; limitations


(a) Payments

                           (1) In general

        The Secretary shall pay to each eligible recipient having an 
    application approved under section 8103(c) of this title the Federal 
    share of the cost of the activities described in the application.

                          (2) Special rule

        (A) Grants awarded under this subpart shall be of sufficient 
    size, scope, and quality to be effective.
        (B) The Secretary shall award grants under this subpart so as to 
    ensure nonduplication of services provided by grant recipients and 
    services provided by--
            (i) the National Endowment for the Humanities;
            (ii) the National Endowment for the Arts; and
            (iii) the Institute of Museum and Library Services.

(b) Cost share

                          (1) Federal share

        The Federal share of a grant under this subpart shall be 80 
    percent of the cost of carrying out the activities described in the 
    application.

                        (2) Non-Federal share

        The non-Federal share of a grant under this subpart shall be 20 
    percent of the cost of carrying out the activities described in the 
    application and may be in cash or in kind, fairly evaluated, 
    including the provision of equipment, services, or facilities.

(c) Limitations

                    (1) Noninstructional services

        Not more than 25 percent of the grant funds provided in any 
    fiscal year under this subpart may be used for noninstructional 
    activities such as the activities described in paragraphs (4), (5), 
    and (12) of section 8103(a) of this title.

                   (2) Supplement and not supplant

        Grant funds awarded under this part shall be used to supplement 
    not supplant the amount of funds made available from non-Federal 
    sources, for the activities assisted under this subpart, in amounts 
    that exceed the amounts expended for such activities in the year 
    preceding the year for which the grant is awarded.

                      (3) Administrative costs

        (A) The Secretary may reserve not more than five percent of the 
    grant funds received under this subpart in each fiscal year for the 
    costs of administration.
        (B) Each eligible recipient may reserve not more than 5 percent 
    of any grant funds received under this subpart in each fiscal year 
    for the costs of administration.

(Pub. L. 89-10, title X, Sec. 10414, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3836; amended Pub. L. 104-208, div. 
A, title I, Sec. 101(e) [title VII, Sec. 709(b)(3)(C)], Sept. 30, 1996, 
110 Stat. 3009-233, 3009-313.)


                               Amendments

    1996--Subsec. (a)(2)(B)(iii). Pub. L. 104-208 added cl. (iii) and 
struck out former cl. (iii) which read as follows: ``the Institute of 
Museum Services.''
