[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR505.4]

[Page 66-67]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 505_LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS 
FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES--Table of Contents
 
Sec. 505.4  Receipt of grant funds.

    (a) The grantee shall not receive funds authorized by section 5 or 
section 7 of the Act until adequate initial assurances have been filed 
with the

[[Page 67]]

Chairperson of the National Endowment for the Arts or the Chairperson of 
the National Endowment for the Humanities, pursuant to sections 5(i) (1) 
and (2) and sections 7(g) (1) and (2) of the Act as provided in Sec. 
505.5(a), that all professional performers and related or supporting 
professional personnel will be paid not less than the prevailing minimum 
compensation and that the safety and health requirements will be 
complied with. Neither shall the grantee receive any such funds if and 
after the Chairperson of the National Endowment for the Arts or 
Chairperson of the National Endowment for the Humanities is advised by 
the Secretary that continuing assurances as provided in Sec. 505.5(b) 
are inadequate or that labor standards contemplated by sections 5(i) (1) 
and (2) or sections 7(g) (1) and (2) of the Act have not been observed.
    (b) In order to facilitate such assurances so that the grantee may 
receive the grant funds promptly, the Chairpersons of the National 
Endowment for the Arts and the National Endowment for the Humanities 
will transmit with the grant letter, to each grantee of a grant that 
will provide assistance to projects or productions employing 
professional performers or related or supporting professional personnel 
under section 5 or section 7 of the Act, a copy of these regulations 
together with two copies of the assurance form (Form No. ESA-38). The 
Chairperson will advise the grantee that before the grant may be 
received, the grantee must give assurances that all professional 
performers and related or supporting professional personnel (other than 
laborers or mechanics with respect to whom labor standards are 
prescribed in section 5(j) and section 7(j) of the Act), will be paid, 
without subsequent deduction or rebate on any account not less than the 
minimum compensation determined in accordance with Sec. 505.3 (a) or 
(b) and that the safety and health requirements under Sec. 505.6 will 
be met. The Chairpersons will maintain on file in Washington, DC, for a 
period of three (3) years and make available upon request of the 
Secretary the original signed Form ESA-38 and a copy of the grant letter 
together with any supplementary documents needed to give a description 
of the project or production to be financed in whole or in part under 
the grant.