Assurances and Certifications

By signing and submitting the Application for Federal Domestic Assistance (Standard Form 424 Short Organizational or Standard Form 424 Individual) applicants to NEH provide the following required Assurances and Certification and agree to comply with the applicable general terms and conditions if accepting an award.

Assurances on Nondiscrimination on the Basis of Disability

Upon application for an NEH award, applicants provide the applicable assurances that the program or activity will be operated in compliance with NEH regulations, Nondiscrimination on the Basis of Disability in Federally Assisted Programs or Activities, located at 45 CFR Part 1170.

Lobbying Certification

When applicants request more than $100,000 in grant funds, they must certify that no federal funds have or will be paid to persons to influence the funding decision (lobby) for the proposal that is being submitted for consideration.

The text of the certification follows:

The applicant certifies, to the best of his or her knowledge and belief, that:

  1. No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a federal contract, the making of a federal grant, the making of a federal loan, the entering into of a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement.
  2. If any funds other than federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall request, complete, and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.
  3. The applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which the Endowment will rely in making funding decisions. If it is later determined that the applicant knowingly provided an erroneous certification or did not comply with the requirements, the Endowment may seek judicial enforcement of the certification or may suspend or terminate the award.

Government-wide Assurances

Performance Labor Assurance

If applicants employ professional performers, scriptwriters, and related or supporting professional personnel they must be paid not less than the minimum union or guild rates. No part of any project/production will be performed or engaged in under working conditions which are unsanitary, hazardous, or dangerous to the health and safety of such individuals. See 29 CFR Part 505 Labor Standards on Projects or Productions Assisted by Grants from the National Endowments for the Arts and Humanities.  Please refer to section 505.5 of these regulations for information on recordkeeping requirements.

Funds will not be released until the NEH has received a signed and completed Assurances as to Labor Standards (form ESA-38), assuring compliance with these labor standards. This form is available at https://www.neh.gov/sites/default/files/inline-files/nehlaborstandards.pdf.  Please complete and submit the form as an attachment to an eGMS Reach message.