Federal Terms and Conditions

As a condition of receipt of federal financial assistance, you acknowledge and agree to execute you must ensure that you implement the funded project in full accordance with the US Constitution, federal law, and public policy requirements including, but not limited to, those protecting free speech, religious liberty, public welfare, and the environment, and those prohibiting discrimination (§ 200.300). Also, you must ensure that you implement the funded project in full accordance with all applicable Executive Orders to the extent permitted by law. Executive orders are posted at whitehouse.gov/presidential-actions and federalregister.gov.

All federal award recipients and subrecipients must:

Comply with the terms and conditions of your award, including the GTCs, 2 CFR 200, and any specific terms and conditions that apply to the award (§ 200.100.)
Administer federal funds in a manner consistent with the U.S. Constitution, federal statutes, regulations, applicable executive orders, and the terms and conditions of your federal award (§200.303 (b) and .400).
Maintain accounting practices consistent with the cost principles in 2 CFR 200 and that support the accumulation of costs as required by these cost principles, including maintaining adequate documentation to support costs charged to the federal award.
Maintain a sound financial management system that records separately within its general accounting system the receipt and disbursement of grant funds and cost sharing contributions, and that monitors the expenditure of these funds against the approved award budget (§ 200.302).
Have in place written procedures for determining the allowability of costs, the disbursement of federal funds, procurement, conflict of interests, compensation for personal services, leave policies, classification of participant costs, relocation policies, and travel reimbursement for staff on official business (§ 200.430(g)(7); .112; .318(c); .302, .317-.327; .475).
Comply with requirements concerning record retention and the federal government’s rights of access to records and personnel (§ 200.334 through .338).
Have an audit performed that meets the requirements of 2 CFR 200 Subpart F - Audit Requirements whenever you expend $1,000,000 or more in federal funds during a fiscal year (§ 200.501).

Title VI of the Civil Rights Act of 1964. As amended, and implemented by the National Endowment for the Arts at 45 CFR 1110, provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English proficiency (42 U.S.C. 2000d et seq.).
As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons in conducting your programs and activities. For assistance and information, go to www.arts.gov/about/foia/library. On March 1, 2025, Executive Order 14224, Designating English as the Official Language of the United States, rescinded EO 13166 but does not require or direct any change in the services provided by the federal agency.
Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, provides that award recipients should (A) agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and (B) certify that it does not operate any programs promoting “diversity, equity, and inclusion” (DEI) that violate any applicable Federal anti-discrimination laws.
Title IX of the Education Amendments of 1972. As amended, provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving federal financial assistance (20 U.S.C 1681 et seq.). Your National Endowment for the Arts-approved project cannot unlawfully discriminate based on sexual orientation or gender identity, consistent with the Supreme Court’s reasoning in Bostock v. Clayton County, 140 S. Ct. 1731 (2020).
The Age Discrimination Act of 1975. As amended, provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance (42 U.S.C 6101 et seq.).
The Americans with Disabilities Act of 1990 (ADA), as amended, prohibits discrimination on the basis of disability in employment (Title I); State and local government services (Title II); and places of public accommodation and commercial facilities (Title III) (42 U.S.C 12101-12213).
Design for Accessibility. A Cultural Administrator's Handbook provides guidance on making access an integral part of an organization's staffing, mission, budget, and programs. You may download this handbook and other resources from the NEA website at www.arts.gov. If you have questions, contact the Office of Accessibility at accessibility@arts.gov or (202) 682-5532.
Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance (29 U.S.C 794). Grantees are required to complete the Open Door Arts Self-Assessment, CCI Grantee Accessibility Checklist, the NEA 504 Self-Evaluation Handbook, or another equivalent self-evaluation during the grant period. Grantees must keep this on file for the three years of the grant. These requirements demonstrate a commitment to disability justice, universal design, and accessibility, aligning with CCI's values and principles. Answering ‘no’ and ‘not applicable’ will not impact your grant funding but will alert you to accessibility issues that your organization should address during your next strategic planning process.
Environmental and Historic Preservation Policies. The National Environmental Policy Act of 1969, as amended (NEPA), applies to any federal funds that would support an activity that may have environmental implications. The NEA may ask you to respond to specific questions or provide additional information in accordance with NEPA. If there are environmental implications, the NEA will determine whether a categorical exclusion may apply; to undertake an environmental assessment; or to issue a "finding of no significant impact," pursuant to applicable regulations and 42 U.S.C. Sec. 4332.
The National Historic Preservation Act of 1966, as amended (NHPA), applies to any federal funds that support activities that have the potential to impact any structure eligible for or on the National Register of Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places, or located in a historic district, in accordance with Section 106. This also applies to planning activities that may affect historic properties or districts. The NEA will conduct a review of your project activities, as appropriate, to determine the impact of your project activities on the structure or any affected properties. NEA review must be completed prior to any award funds being released. You may be asked to provide additional information on your project to ensure compliance with NHPA at any time during your award’s period of performance (16 U.S.C. 470).
Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR 180, as adopted by the NEA in 2 CFR 32.3254. There are circumstances under which the NEA may receive information concerning your fitness to carry out a project and administer federal funds, such as:

Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, or making false statements.
Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility.
Any other cause of so serious or compelling a nature that it affects an organization's present responsibility.

The Drug Free Workplace Act requires you to publish a statement about your drug-free workplace program. You must give a copy of this statement to each employee (including consultants and temporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out.

You must maintain a record of the sites where work is performed under this award including the full street address, city, state, and zip code. You must notify the National Endowment for the Arts Office of Grants Management of any employee convicted of a violation of a criminal drug statute that occurs in the workplace (41 U.S.C 701 et seq. and 45 CFR 1155).

Lobbying. You must not conduct political lobbying, as defined in the statutes and regulations listed below, within your NEA-supported project. In addition, you must not use federal funds for lobbying specifically to obtain awards. For definitions and other information on these restrictions, refer to the following:

No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities (18 U.S.C 1913).
Lobbying (§ 200.450) describes the cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements, or loans as an unallowable project cost. The regulation generally defines lobbying as conduct intended to influence the outcome of elections or to influence elected officials regarding pending legislation, either directly or through specific lobbying appeals to the public.

Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121, codified at 31 U.S.C. 1352, prohibits the use of federal funds in lobbying members and employees of Congress, as well as employees of Federal agencies, with respect to the award or amendment of any federal grant, cooperative agreement, contract, or loan. While non-federal funds may be used for such activities, they must not be included in your project budget, and their use must be disclosed to the awarding federal agency. Disclosure of lobbying activities by long-term employees (employed or expected to be employed for more than 130 days by a recipient of federal funds) is, however, not required. In addition, the law exempts from definition of lobbying certain professional and technical services by applicants and awardees.
Davis-Bacon and Related Acts (DBRA), as amended, requires that each contract over $2,000 to which the United States is a party for the construction, alteration, or repair of public buildings or public works (these activities include, but are not limited to, painting, decorating, altering, remodeling, installing pieces fabricated off-site, and furnishing supplies or equipment for a work-site) must contain a clause setting forth the minimum wages to be paid to laborers and mechanics employed under the contract. Under the provisions of DBRA, contractors or their subcontractors must pay workers who qualify under DBRA no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. You can find information about the laborers and projects that fall under DBRA on the U.S Department of Labor’s website at www.dol.gov. DBRA wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5, and with DOL’s Compliance Guide. The provisions of DBRA apply within the 50 states, territories, protectorates, and Native American nations (if the labor is completed by non-tribal laborers).
The Native American Graves Protection and Repatriation Act of 1990 applies to any organization that controls or possesses Native American human remains and associated funerary objects and receives Federal funding, even for a purpose unrelated to this Act (25 U.S.C. 3001 et seq.). For more information see 43 CFR 10 - Native American Graves Protection and Repatriation Regulations at https://www.ecfr.gov/.

If your project includes Native American human remains, funerary objects, sacred objects, and/or objects of cultural patrimony, per the Native American Graves Protection and Repatriation Act (NAGPRA) of November 16, 1990, you are required to:
Consult with lineal descendants, Indian Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or cultural items,
Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or cultural items, and
Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items. Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items.

U.S. Constitution Education Program. Educational institutions (including but not limited to "local educational agencies'' and "institutions of higher education") receiving federal funds from any agency are required to provide an educational program on the U.S. Constitution on September 17 2004 (P.L. 108-447, Division J, Sec. 111(b)). For more information, go to the U.S. Department of Education’s website at www.ed.gov and the Library of Congress website at www.loc.gov.
Prohibition on use of funds to ACORN or its subsidiaries. No NEA funds or cost share funds expended for your NEA project may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries (P.L. 111-88 Sec. 427).
Mandatory Disclosures. Applicants, recipients, and subrecipients of a federal award must promptly disclose whenever, in connection with the federal award, it has credible evidence of the commission of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

Recipients and subrecipients are required to report matters related to recipient integrity and performance in accordance with Appendix XII to Part 200. You are also required to provide this as a written disclosure to the NEA Office of Grants Management at grants@arts.gov and the NEA Office of Inspector General at oig@arts.gov. Failure to make required disclosures can result in any of the remedies described in Section 20. Remedies for Noncompliance and Termination. (See also § 200.339, 2 CFR Part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Conflicts of Interest. Recipients and subrecipients must have written conflict of interest policies that ensure that all employees, board members, officers, or agents engaged in the selection, award, and administration of federal grant and cooperative agreements, avoid conflicts of interest. The standards of conduct must provide for disciplinary actions to be applied for violations by employees, officers, agents, or board members.
Recipients and subrecipients must maintain written standards of conduct covering conflicts of interest and governing the actions of employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the NEA award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
Recipients and subrecipients are required to disclose to us any actual or potential conflicts, including but not limited to the following:

NEA Panelist. Any individuals who serve as NEA panelists cannot review an application from an organization with which they are affiliated as an employee, board member, officer, or agent. If a panelist later becomes associated with an award project that they reviewed, then that individual cannot act as an Authorizing Official for that award. This prohibition is in effect throughout the entire period of performance for the award. Recipients must disclose any affiliations with an NEA panelist to the NEA as soon as they become aware of the affiliation.
National Council on the Arts member. Recipients must disclose whether any of their personnel are National Council on the Arts members. Once an Authorizing Official for an applicant or recipient organization is nominated to the National Council on the Arts, that individual must recuse themselves from deliberating or voting on that organization’s application and award actions, and from submitting payment requests on that organization’s behalf. Recipients must disclose any affiliations with National Council on the Arts members to the NEA as soon as they become aware of the affiliation.

WHISTLEBLOWER PROTECTION (§ 200.217). An employee of a recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The recipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712.
STATUTORY AND NATIONAL POLICY REQUIREMENTS (§ 200.300). Recipients and subrecipients are responsible for complying with all requirements of the federal award, including those based on the following:

Statutory and National Policy Requirements (§ 200.300(a)). Recipients and subrecipients are required to ensure that federal funding is expended, and programs are in full accordance with the U.S. Constitution, applicable federal statutes, regulations including provisions protecting free speech, religious liberty, public welfare, and the environment, and those prohibiting discrimination, including those in general appropriations provisions.
NEA’s Enabling Legislation. Recipients and subrecipients are required to execute their projects in accordance with the NEA’s enabling legislation that requires "artistic excellence and artistic merit." Projects or programs that are determined to be obscene are without artistic merit and shall not be funded. 20 U.S.C. 952(j)-(l); 20 U.S.C. 954(d) and (l).

CASH MANAGEMENT STANDARDS / FEDERAL PAYMENT (§ 200.305). Recipients and subrecipients must have written procedures to minimize the time elapsing between the receipt of federal award funds and the disbursement of federal award funds to avoid having excessive federal funds on hand. Recipients and subrecipients must make timely payments to contractors in accordance with the contract provisions.

Payments may be withheld if:

The recipient or subrecipient has failed to comply with the terms and conditions of the federal award.
The recipient or subrecipient is delinquent in a debt to the United States.
The recipient notifies the NEA, or the subrecipient notifies the pass-through entity, that it is withholding payments from contractors to assure satisfactory completion of work on the award.

Fly America Act (41 CFR 301-10.131 through .143). Recipients and subrecipients are required to follow the provisions of the Fly America Act (49 U.S.C. 40118). All air travel and cargo transport services funded by NEA funds or cost share funds must use a U.S. flag air carrier or a foreign airline under an air transport agreement (codeshare agreement) with the United States when these services are available. To comply with Fly America regulations, recipients and subrecipients must purchase the flight via the U.S. airline’s designator and flight number if the flight is shared between a U.S. and a foreign airline.
TRAFFICKING IN PERSONS Note: The language of this award term is included in, and mandated by, 2 CFR 200. “Severe forms of trafficking in persons” is a term defined by law at 22 U.S.C. 7102(11) as: “(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”

I. Trafficking in Persons
(a) Provisions applicable to a recipient that is a private entity.

(1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient's employees must not engage in:

(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or
(iv) Acts that directly support or advance trafficking in persons, including the following acts:

(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:

(1) Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant or cooperative agreement; or
(2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;

(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
(D) Charging recruited employees a placement or recruitment fee; or
(E) Providing or arranging housing that fails to meet the host country's housing and safety standards.

(2) The federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:

(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:

(A) Associated with the performance under this award; or
(B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by the NEA at 2 CFR 32.3254

(1) The recipient must inform the NEA and the NEA Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The federal agency's right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:

(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the federal agency under this award.

(3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).

(d) Definitions. For purposes of this award term:

Employee means either:

(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in § 200.1.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).