(a) Initial assurances. The grantee shall give adequate initial
assurances that not less than the prevailing minimum compensation
determined in accordance with Sec. 505.3 will be paid to all
professional performers and related or supporting professional
personnel, and that no part of the project or production will be
performed under working conditions which are unsanitary or hazardous or
dangerous to the health and safety of the employees, by executing and
filing with the Chairperson of the National Endowment for the Arts or
the Chairperson of the National Endowment for the Humanities, as
appropriate, Form ESA-38.
(b) Continuing assurances. (1) The grantee shall maintain and
preserve sufficient records as an assurance of compliance with section
5(i) (1) and (2) and section 7(g) (1) and (2) of the Act and shall make
such reports therefrom to the Secretary as necessary or appropriate to
assure the adequacy of the assurances given. Such records shall be kept
for a period of three (3) years after the end of the grant period to
which they pertain. These records shall include the following
information relating to each performer and related or supporting
professional personnel to whom a prevailing minimum compensation
determination applies pursuant to Sec. 505.3. In addition the record
required in paragraph (b)(1)(vii) of this section shall be kept for all
employees engaged in the project or production assisted by the grant.
(i) Name.
(ii) Home address.
(iii) Occupation.
(iv) Basic unit of compensation (such as the amount of a weekly or
monthly salary, talent or performance fee, hourly rate or other basis on
which compensation is computed), including fringe benefits or amounts
paid in lieu thereof.
(v) Work performed for each pay period expressed in terms of the
total units of compensation fully and partially completed.
(vi) Total compensation paid each pay period, deductions made, and
date of payment, including amounts paid for fringe benefits and the
person to whom they were paid, and
(vii) Brief description of any injury incurred while performing
under the grant and the dates and duration of disability.
(2) The grantee shall permit the Administrator and the Assistant
Secretary or their representatives to investigate and gather data
regarding the wages, hours, safety, health, and
other conditions and practices of employment related to the project or
production, and to enter and inspect such project or production and such
records (and make such transcriptions thereof), interview such employees
during normal working hours, and investigate such facts, conditions,
practices, or matters as may be deemed necessary or appropriate to
determine whether the grantee has violated the labor standards
contemplated by section 5(i) and section 7(g) of the Act.
(c) Determination of adequacy. The Administrator and Assistant
Secretary shall determine the adequacy of assurances given pursuant to
paragraphs (a) and (b) of this section within each of their respective
areas of responsibilities, and may revise any such determination at any
time.
(The requirements in paragraph (b) were approved by the Office of
Management and Budget under control number 1215-0017)
[53 FR 23541, June 22, 1988; 53 FR 24171, June 27, 1988]
