Outreach spending under federal workforce grants

CLASSIFICATION
     EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA
                 ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
                                                           OWI-DYS
            U.S. DEPARTMENT OF LABOR
                                                           DATE
               Washington, D.C. 20210
                                                           September 6, 2023

 ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 03-23

 TO:             STATE AND LOCAL WORKFORCE AGENCIES
                 STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                 DIRECTORS
                 STATE-LEVEL EQUAL OPPORTUNITY OFFICERS
                 AMERICAN JOB CENTER DIRECTORS
                 ALL DEPARTMENT OF LABOR COMPETITIVE GRANTEES

 FROM:           BRENT PARTON
                 Principal Deputy Assistant Secretary

 SUBJECT:        Allowable Uses of Funds for Outreach Activities for Federal Formula and
                 Competitive Grant Awards

1. Purpose. This guidance 1) clarifies the allowable uses of Workforce Innovation and
   Opportunity Act (WIOA), its successors, and other competitive grant funds for outreach
   activities; and 2) provides examples of how grantees can use grant funds to effectively and
   equitably conduct outreach to meet the needs of and better engage businesses and jobseekers.

2. Summary and Background.

   a. Summary – This Training and Employment Guidance Letter (TEGL) aims to empower
      grantees to maximize the reach of workforce development services by providing clarity
      on how formula and discretionary grant funds can be used to conduct outreach activities.

   b. Background – The public workforce system plays a critical role in connecting talent with
      opportunity, connects diverse customers to employment and training opportunities, and
      helps employers recruit skilled employees that match their employment opportunities. To
      fully communicate the workforce system’s value and expand awareness of its services to
      job seekers and employers, the system must conduct effective and targeted outreach.

       WIOA requires grantees to inform the public about services, conduct proactive outreach
       to underserved populations, and make individuals aware of services that can support their
       employment needs. The Uniform Guidance regulates the administrative and financial
       requirements of federal grant funds, including WIOA formula grants and the Department
       of Labor’s (DOL) competitive grants; see 2 CFR part 200 and DOL’s exceptions at 2
       CFR part 2900. Specifically, 2 CFR 200.421 allows for grantees to recruit program
       participants and to engage businesses by communicating with them. The American Job

   RESCISSIONS                                            EXPIRATION DATE
   None                                                   Continuing

        Center (AJC) brand was created to increase awareness of the services of the public
        workforce system and to facilitate outreach.

        ETA hosted listening sessions where workforce professionals requested additional
        technical assistance on the use of grant funds for allowable outreach activities, including
        examples. In 2022 and 2023, ETA conducted webinars that provide examples of
        allowable outreach activities, available at Workforce GPS on the Outreach and Marketing
        for the Public Workforce Development System resource page.1 This TEGL seeks to
        demonstrate the flexible uses of both formula and competitive grant funds to conduct
        outreach activities and to empower the workforce system to maximize its reach,
        specifically to those in underrepresented communities who are most in need of
        employment and training services.

3. Action Requested. ETA requests that state workforce agencies, state and local workforce
   development boards, and competitive grantees review, revise, or develop and implement
   policies and procedures that guide the allowable use of funds to conduct outreach activities to
   meet program goals.

4. Allowable Outreach Activities. ETA encourages its grantees to conduct outreach activities
   to meet the needs of its customers and to fulfill grant objectives. In fact, WIOA's Section
   188 nondiscrimination and equal opportunity implementing regulations at 29 CFR 38.40
   specifically address the affirmative outreach obligations of WIOA recipients.

    29 CFR 38.40 states, in pertinent part, that "recipients must take appropriate steps to ensure
    that they are providing equal access to their WIOA Title I-financially assisted programs and
    activities. These steps should involve reasonable efforts to include membe rs of the various
    groups protected by these regulations including but not limited to persons of different sexes,
    various racial and/or ethnic national origin groups, various religions, individuals with limited
    English proficiency, individuals with disabilities, and individuals in different age groups."

    In order to achieve this requisite component of affirmative outreach, the regulations
    contemplate a variety of outreach methods such as: "advertising the recipient's programs
    and/or activities in the media, such as newspapers or radio programs" or "sending notices
    about openings in the recipient's programs and/or activities to schools or community service
    groups."

    Grantees may consider creating an outreach plan that details how the purpose of each
    outreach activity is linked to the program’s objectives and indicators and how they would
    help meet performance outcomes or program objectives. Part of a grantee’s success and
    ability to meet expected performance outcomes will depend on how well it communicates
    and promotes the benefits of the program's services to the communities it plans to serve.
    Grantees should make meaningful efforts to ensure outreach activities and/or materials are

1
 See https://nextlevelnow.workforcegps.org/resources/2023/05/25/21/11/Outreach-and-Marketing-for-the-Public-Workforce-Development-System

inclusive of the community it is trying to recruit and serve. In addition to communicating
with potential participants, outreach strategies can include efforts to engage businesses.
Grantees can engage in a variety of activities to effectively conduct outreach to their
customers and educate the public about the services.

This TEGL aims to provide general guidance for both Federally formula-funded grantees and
competitive grantees on how to assess whether certain outreach activities and uses of funds
may be allowable and to highlight the flexibilities and opportunities that exist within current
funding. It is important to note that this TEGL does not provide an exhaustive list of
allowable activities; rather, it gives examples of some of the more common allowable
outreach activities.

As with all Federal award costs, grantees are encouraged to review the Cost Principles
contained in 2 CFR 200.400 – 200.476 of the Uniform Guidance. There you will find the
basic criteria that must be met when charging costs to a Federal award--that such costs are
necessary, reasonable, and allocable. Additionally, grantees should review other relevant
documents, such as state policies and the grant’s Statement of Work for any grant-specific
policies that govern outreach activities, including the Steven’s Amendment requirement (see
more information in Attachment I). Many grantees are party to Memoranda of
Understanding (MOU) that contain the Infrastructure Funding Agreements (IFA) that may
also set out goals or limits to the costs that will be shared jointly by partners for outreach
activities. WIOA section 121(h)(4) includes outreach costs in its definition of “infrastructure
costs.” Attachment I provides specific Uniform Guidance, statutory, and regulatory language
related to outreach.

   a. Defining Advertising and Public Relations: A common misconception is that Federal
      workforce development grant funds cannot be spent on outreach, such as advertising
      and public relations. These activities are not only allowable but are necessary to
      reach both businesses and jobseekers. The key is to make sure that the grantee is
      promoting Federally-funded activities, services, and programs and is not solely
      promoting the organization’s name recognition or image.

       To apply the requirements in the Uniform Guidance, grantees should understand the
       definitions of “advertising” and “public relations” at 2 CFR 200.421. This difference
       is important as there are separate requirements that govern each type of activity.

       Advertising is an allowable cost, and appropriate for outreach for grant activities,
       services, and programs, as described in 2 CFR 200.421(b). Advertising is allowable
       through various media strategies, such as print, electronic, digital, radio, social media,
       billboards/signage, text apps, and Quick Response (QR) code. Allowable activities
       include promoting program outreach and other specific purposes necessary to meet
       the requirements of the grant award. The media strategies used to conduct outreach
       to the public might be personnel or non-personnel costs, and promote the activities of
       the Federal award. Grantees should ensure compliance with the regulations at 2 CFR

   200.421(b) and 200.421(e), their grant award terms, as well as the guidance in
   Attachment I of this TEGL.

   Public relations, on the other hand, includes activities that promote Federally -funded
   activities, services, and programs, and are typically personnel costs. Some public
   relations activities include, but are not limited to, attendance at, facilitation of,
   collaboration with, or participation in job/career/community fairs, rapid response
   events, one-stop satellite centers/mobile one-stops, community access points, high
   school/college career day, podcasts and other interviews, etc. While advertising of
   Federally-funded activities, services, and program offerings might be present at a
   public relations event, public relations differs from advertising in that staff typically
   interact directly with the community, public, or press during public relations
   activities. Public relations are an allowable outreach cost for grant activities,
   services, and programs. The Uniform Guidance at 2 CFR 200.421(d) describes
   allowable public relations activities, and at 2 CFR 200.421(e) lists unallowable public
   relations activities. This TEGL and its attachment provide examples of allowable
   public relations activities as well as general rules of thumb to apply when determining
   what public relations are allowable or unallowable.

   Grantees, especially in AJCs, may have MOUs that describe the combined costs for
   advertising and public relations outreach that encompass the services offered by all its
   partners. Infrastructure costs might include media platforms (print, electronic, radio,
   social media, billboards/signage, text apps, QR codes, etc.) describing one-stop
   partner activities, services, and programs. IFA costs may identify instances and
   potentially additional associated costs for supply purchase customization where these
   purchases are specific to grant outreach activities. ETA broadly interprets grant
   outreach activities that promote the activities, services, and programs of the grant
   award to mean efforts to educate, enroll, employ, or extend referrals to customers
   with interests in ETA’s publicly-funded workforce development system efforts. For
   example, execution of this strategy might include supplies bearing the one-stop
   delivery identifier, at 20 CFR 678.900, as well as a QR code or website that is owned,
   managed, and updated by the grantee and/or signatories to the MOU and directs the
   public to more information about the AJC and other workforce programs.

b. General rules of thumb: The Uniform Guidance regulations and this guidance will not
   necessarily list every possible scenario. The Uniform Guidance generally governs the
   administrative and financial uses of funds. Grantees and their fiscal teams should be
   familiar with those requirements.

   The first step in assessing if a cost is an allowable cost to an ETA grant is to
   determine if the cost is necessary. Some questions to consider are: Is this cost
   necessary for the performance of the grant? Will this cost assist the organization in
   achieving its grant’s outcomes and goals?

   Another step in assessing an allowable cost to an ETA grant is reasonableness. When
   testing for reasonableness of a cost, consider the prudent person theory. In the
   prudent person theory, your organization must consider:

        •   Would a prudent person use Federal funds to purchase such items?
        •   Would you have used your own funds to purchase such items?
        •   Do internal controls (MOU/IFA, policies, sub-recipient agreements,
            contracts, etc.) exist that designate/describe outreach activities and/or limits?
        •   Is the ETA grant receiving a benefit and if so, are costs properly allocated
            based on the relative benefit received?
        •   If costs are to be shared with other funding streams, are costs being
            allocated properly?

   For example, if your organization distributes commemorative coins that simply list
   the name of the organization or just the name of the program with no contact
   information and hands them to the board of directors, a prudent person would view
   these as not advancing awareness of the program’s services or employment for
   participants. These would be considered memorabilia, gifts or souvenirs, and would
   not be allowable under the Uniform Guidance. On the other hand, if your
   organization was trying to inform young parents about program services and attended
   a community event to promote their DOL-funded grant program and provided a tote
   bag with the name of the grant program and contact information as a way for
   individuals to find out about services funded by the grant, a prudent person would
   find that cost reasonable. The tote bag, used as an outreach tool, would benefit the
   program by recruiting potential participants using a very low-cost item that would be
   re-used and seen, and thus help potential participants access those program services.
   These costs would be reasonably calculated to help increase enrollment as opposed to
   just commemorating an event or promoting an organization itself and not the grant
   program and its services.

c. Ways to Conduct Outreach: Once you understand the terms used in the Uniform
   Guidance, and understand how to determine allowability, you can explore the many
   ways to conduct outreach. Below is a list of several examples of activities and
   platforms allowed with grant funds.

        •   In-Person Outreach: Attending a local fair with materials about where to go
            to get help with finding a job, developing a resume, obtaining career advice,
            and learning interview skills is allowable.

            For each type of special or targeted population, the grantee may need a
            unique method or strategy for locating, attracting, and retaining participants
            for your program. If the grantee does not have enough staff, consider
            conducting outreach through organizations that are willing and able to
            spread the grant’s key messages to their audience.

    Consider meeting potential participants at community locations such as
    libraries, religious institutions, laundromats, grocery stores, fairs, industry
    events and other local events. Reach out to local businesses like barber
    shops and hair salons, movie theaters, sporting events, and restaurants and
    ask them to post and share the organization’s poster or sign to educate
    customers about the program or grant-funded services. Consider which
    organizations are trusted by local communities, and where info rmation can
    create subsequent “word-of-mouth” information sharing. Local businesses
    may also allow grantees to join existing events they are planning, or they
    may permit grantees to use their location as a venue for outreach and
    enrollment events to promote the grant's opportunities.

    In addition to asking community partners and community leaders to spread
    the word that grantees are providing services, also ensure that they have
    enough information about the services being provided and where individuals
    might find value, so that they are able to refer individuals to the
    organizations that can best help them.

    Other in-person activities you might undertake for outreach include, but are
    not limited to, attendance at, facilitation of, collaboration with, or
    participation in job/career fairs, rapid response events, one-stop satellite
    centers/mobile one-stops, high school/college career days, and other
    interviews, etc. Consider setting up a recruitment display table so that
    information about grant related services provided by the organization may
    be distributed. It is appropriate to have advertising materials to promote the
    program such as a brochure, pamphlets, or flash drives at a public relations
    event.

    Materials created to achieve grant objectives/outcomes and for the purpose
    of outreach at in-person events, and to facilitate engagement between staff
    and the public are allowable. Materials used to educate the public about the
    award’s activities, services, and program offerings are allowable and
    encouraged.

•   Print: Printed outreach materials are by far the most popular format for
    outreach campaigns and are allowable costs. They can include a variety of
    items such as: advertising and written articles in the local newspape r or
    neighborhood newsletter, informational postcards, brochures and flyers,
    doorknob hangers, pamphlets, and leaflets. Other examples may also
    include bus stop signage, benches, banners, billboards, vehicle wraps, etc.
    QR codes may also be used in print media to direct potential participants to
    online information on the grant funded activities, services, or programs. 29
    CFR 38.40(b) specifically authorizes use of "notices about openings in the
    recipient's programs and/or activities to schools and commun ity service
    groups that serve various populations.”

    ETA broadly interprets printed outreach materials that promote the
    activities, services, and programs of the grant award to mean efforts to
    educate, enroll, employ, and/or extend referrals to customers with interests
    in ETA’s publicly funded workforce development efforts.

•   Radio and TV: Local radio and TV stations are a great way to advertise
    grant services and are usually cost effective for media coverage. Grant
    organizations should research and reach out to members of the media who
    may cover topics related to its grant award. There may be a specific radio or
    TV station reporter who covers a particular neighborhood or local
    community. For media engagement, consider public service announcements
    (PSAs) and press releases. If there is no advertising budget, sharing radio
    PSAs or coordinating on-air interviews with local radio stations is another
    way to build awareness of the services and supports provided by the grant.

•   Websites: The organization or program website is an excellent way to
    provide practical information about how to obtain services to participants
    and to community members that are seeking to engage with your
    organization. The organization will benefit from keeping the website
    current and easy to navigate, especially if using QR codes that direct to the
    site to remind people of the activities, services, and programs of a specific
    event. Note that all websites funded with federal funds must meet the
    accessibility requirements established by section 508 of the Rehabilitation
    Act of 1973. See Section 4e of this TEGL for more information about
    ensuring accessibility of online/electronic and hard copy materials.

•   Email Communication: Email remains a useful way to disseminate
    information to participants and to potential partners in and outside the public
    workforce system. Signature lines can include an additional website link,
    QR code, or description of an upcoming event or workforce activities,
    services, and/or program offerings. Use plain language wherever possible.

•   Text Messaging (SMS) Applications: Grantees can continue outreach to
    program participants with text messaging applications. These may be
    particularly well-suited to grantees who need to communicate with
    participants in real time (e.g., those that pair participants with case
    managers). Additionally, this modality is a way to remind participants of
    upcoming appointments or outstanding documents, to promote a new
    program/service offering, or to blast out employment opportunities. Text
    messaging applications can also bolster traditional and effective word-of-
    mouth outreach by prompting participants who may be in the company of
    other potential eligible candidates to speak about the opportunity, to put it
    on their social media accounts, or to forward the text to others who may
    benefit. Another advantage of some texting tools are functions that can
    automate messages to go out at certain times to groups of people, and even
    to track analytics such as if and when people open the messages or click on

    links. Such data can be helpful for programs to use to adapt their outreach.
    As with all activities, grantees must ensure participant data privacy. Also, it
    is important to review the data privacy policies of these text messaging
    applications and other social media platforms.

•   Social media: The use of grant funds to create social media accounts, such
    as Instagram, Facebook, LinkedIn, and other platform accounts to promote
    the grant services offered, raise awareness of the program, and strengthen
    relations with the community is an effective way to virtually connect with
    customers regardless of distance. This is not an exhaustive list; however,
    grantees must comply with the grant award terms, especially those for
    prohibited platforms/vendors. For instance, the grantee can follow other
    local community-based organizations on social media, like their Facebook
    stories, congratulate their progress on LinkedIn, and share photos and short
    clips of them on its Instagram (and do not forget to tag them!). These are all
    cost-effective ways to create a social media presence online. Please note
    there may be Federal or state laws that prohibit the use of certain platforms,
    so grantees should be aware of any restrictions before use. In addition, grant
    award terms may prohibit certain activities, such as lobbying. These
    restrictions apply to social media activity as well. For more ideas on how to
    develop social media strategies, view the webinar: Yes, WIOA Can! Post,
    Like, Follow, Share! Using Social Media as an Outreach and Marketing
    Tool.

•   Quick Response Codes also known as QR Codes. QR codes are a square
    holding a barcode-like graphic, comprised of machine-readable information.
    When someone uses a cell phone to take a picture of the QR code, the phone
    recognizes the machine-readable information, and can then go to a specific
    website. QR codes are a quick way to disseminate information and are used
    in every facet of life, from viewing a menu at a restaurant to shopping.
    These codes can provide information about a product or service, which is
    then delivered quickly to a user’s device. QR codes require minimal space,
    are easy to scan, can store a good amount of information, and can be used to
    link to text, digital business cards, multimedia, and social media channels.

•   Influencers: Influencers are people that have often amassed large
    followings via different types of media platforms and use their power of
    influence to communicate information. Influencers may be able to assist
    grantees in conducting outreach activities by communicating to potential
    participants what programs and services they offer. Grantees using a
    contracted personality should provide details/speaker’s notes to the
    influencer to promote the Federal award’s activities, services, and programs.
    When considering whether to use an influencer for outreach, one should
    consider the Uniform Guidance’s Cost Principles. Other things that might
    be considered are the influencer’s reputation, follower base , any state or
    local vetting requirements, the receptivity of potential participants, the

             technology access of participants, and the cost/benefit compared to a more
             traditional outreach modality. Influencer use is an outreach strategy that
             may be a powerful recruitment tool when assessed and used properly.

         •   Blog and Podcast Interviews: These platforms are usually interactive
             content that may be individually or serially posted and can discuss a
             Federally-funded activity, service, or program offering to a specifically
             targeted audience. They are typically short in length, and access to some
             podcasts may require a subscription service. The frequency of use, potential
             participant cost, and availability of ongoing content should all be considered
             when undertaking this outreach modality.

         •   Mobile American Job Centers (AJCs) or workforce service delivery
             vehicles: To reach people where they live, shop, and gather, particularly in
             more rural areas, grantees may consider purchasing a vehicle to conduct
             outreach as well as provide employment and training services. The Uniform
             Guidance considers motor vehicles as general-purpose equipment, which are
             allowable under the Cost Principles. Costs to repair and maintain the
             vehicle are also allowable. The costs of the vehicle and its maintenance
             must meet all the “factors of allowability” outlined in 2 CFR 200.403, and in
             some circumstances, prior written approval from DOL-ETA may be
             required. If the motor vehicle benefits two or more programs, the cost of the
             mobile AJC and the costs to maintain the vehicle must be allocated to the
             other programs based on the relative benefit received (2 CFR 200.405(d)).

             ETA encourages grantees to leverage relationships with other partners that
             serve the same community or partners and that may have the same purpose
             or mission when purchasing, staffing, and maintaining a mobile AJC unit.

d. Outreach in Multiple Languages: Grantees can use funds to create materials in
   multiple languages or to procure translation and interpretation services. It is
   important when developing outreach strategies to make sure all potential participants,
   including those that speak languages other than English, are aware of services
   available. Access to vital information, which may include certain outreach materials,
   in a language the participant can understand is key to promote and ensure equity.

   Offering materials translated into the languages used in the community is a key effort
   to improve outreach and, indeed, may be required depending on the circumstances.
   See 29 C.F.R. 38.9. Additionally, as a method to make information accessible to
   people that speak languages not frequently used in the community, consider
   expanding outreach efforts to individuals who have Limited English Proficiency
   (LEP) through the use of a language access guide (called the “I Speak Card”). The “I
   Speak Card is a language identification card/poster that will assist in identifying a
   preferred language for potential participants that speak a language other than English,
   so they can obtain the necessary assistance. Organizations can use such a card to
   pinpoint the appropriate speakers for anyone that requests services through your

           organization. Also, visit the LEP website (https://www.lep.gov/) for tips on
           addressing language barriers. Lastly, consider partnering with local communities that
           serve a diverse population for assistance in drafting culturally competent outreach
           materials in a variety of languages as this will help build a stronger relationship and
           presence with the local community.

       e. Accessibility: Grantees must make information about their services accessible to
          individuals with disabilities by providing auxiliary aids and services, including
          information in alternative formats, and can use funds to ensure outreach materials
          (including, for example, printed materials, forms, and presentation s) are accessible.
          In addition, when developing, procuring, maintaining, or using electronic and
          information technology with Federal funds, including websites and electronically
          stored documents or information, grantees should provide access to and use of
          information and data for individuals with disabilities that is comparable to what is
          provided for individuals without disabilities. Grantees can refer to Government
          Services Administration’s (GSA) website on electronic and information technology
          accessibility (www.Section508.gov) as a resource. GSA is the government’s
          technical advisor for digital accessibility and provides guidance and training in
          numerous areas. Document creation software like Microsoft Word has tools and
          accessible design templates that can help to create accessible content from the start.
          Moreover, when designing websites, accounting for accessibility at the outset is much
          easier than readjusting the site later to make it accessible for customers. Also, please
          note that specific accessibility standards apply to QR codes. DOL’s Office of
          Disability Employment Policy, DOL’s Civil Rights Center, and ETA have created a
          WIOA 188 guide to nondiscrimination for individuals with disabilities, available at
          https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-
          center/statutes/section-188-workforce-innovation-opportunity-act/guide. The guide
          provides several examples of making materials, spaces, and services more fully
          accessible for individuals with disabilities.

   As noted above, this guidance provides multiple examples but does not address every
   potential scenario. ETA encourages grantees to review their outreach plans and consider the
   examples provided in order to most effectively reach and best serve jobseekers and
   employers.

5. Inquiries. Please direct inquiries to the appropriate Regional Office.

6. References.

       •   Workforce Innovation and Opportunity Act (WIOA), Pub. L. 113-128, 29 U.S.C.
           3101 et seq.
       •   The Nondiscrimination and Equal Opportunity Provisions (Section 188) of WIOA:
           https://www.ecfr.gov/current/title-29/subtitle-A/part-38
       •   Rehabilitation Act of 1973, Pub. L. 93-112, 29 U.S.C. 701 et seq.
       •   Uniform Guidance, 2 CFR Part 200, and DOL’s exceptions, 2 CFR Part 2900

      •   TEGL No. 16-16, One-Stop Operations Guidance for the American Job Center
          Network, https://www.dol.gov/agencies/eta/advisories/training-and-employment-
          guidance-letter-no-16-16
      •   TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System,
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-17-16
      •   Training and Employment Notice No. 24-18, Updated Promising Practices in
          Achieving Nondiscrimination and Equal Opportunity: A Section 188 Disability
          Reference Guide, https://www.dol.gov/agencies/eta/advisories/training-and-
          employment-notice-no-24-18
      •   ETA webinar titled Yes, WIOA Can! Post, Like, Follow, Share! Using Social Media
          as an Outreach and Marketing Tool held January 11, 2023. Available at
          https://www.workforcegps.org/events/2023/01/11/19/49/Outreach-and-Marketing-
          for-the-Public-Workforce-Development-System-2
      •   ETA webinar titled Outreach and Marketing for the Public Workforce Development
          System: Exploring the Possibilities! held on October 11, 2022. Available at
          https://www.workforcegps.org/events/2022/10/11/18/35/Outreach-and-Marketing-
          for-the-Public-Workforce-Development-System-Exploring-the-Possibilities

7. Attachment.

      •   Attachment I. Legislative, Regulatory and Uniform Guidance Language Related to
          Outreach

                                                                                   Attachment I

       Statutory and Regulatory Uniform Guidance Language Related to Outreach

This attachment provides citations from relevant statutes and regulations, including the Uniform
Guidance. The Uniform Guidance is a set of regulations issued by the Office of Management
and Budget that apply to all grants in the Federal government.

Accessibility, from Rehabilitation Act of 1973 sec. 508:

All materials produced with federal funds must be accessible to individuals with disabilities,
sometimes referred to as being “508-compliant” in a reference to the statutory requirements of
the Rehabilitation Act of 1973 sec. 508. The full text of the sta tute is available at:
https://www.access-board.gov/law/ra.html. The Access Board is an independent federal agency
that promotes equality for people with disabilities through leadership in accessible design and the
development of accessibility guidelines and standards. Created in 1973 to ensure access to
federally funded facilities, the Access Board is now a leading source of information on
accessible design. The Access Board develops and maintains design criteria for, among other
things, information and communication technology. It also provides technical assistance and
training on these requirements and on accessible design .

The Americans with Disabilities Act (ADA) and the WIOA sec. 188 non-discrimination
requirements also require that services and information about services to be accessible to
individuals with disabilities. The ADA is available at https://www.access-board.gov/law/ada.html, and the WIOA sec. 188 nondiscrimination provisions can be found at
https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-188-workforce-innovation-opportunity-act. WIOA’s implementing regulations also address
accessibility requirements and protections for individuals with disabilities. See 29 C.F.R. 38.5;
38.12-17.

Acknowledging Federal Funding in Public Communications (Stevens Amendment):

Advertising and public relations outreach activities must adhere to grant terms and conditions,
including the Stevens Amendment, a provision included since 1989 in DOL’s annual
appropriation. This provision requires DOL recipients to acknowledge federal funding
contributions when making public any projects or programs that DOL funded through its annual
appropriation. Recipients should maintain support documentation for advertising and public
relations outreach activities in accordance with record retention requirements, where applicable.
Grantees are reminded to follow the terms of their grant agreement as not all programs have the
Stevens Amendment requirement (e.g. H-1B Skills Grants funding).

The Stevens Amendment requires:

       “When issuing statements, press releases, requests for proposals, bid solicitations and
       other documents describing projects or programs funded in whole or in part with Federal
       money, all recipients receiving Federal funds included in WIOA, shall clearly state —
              (1) the percentage of the total costs of the program or project which will be
              financed with Federal money;
              (2) the dollar amount of Federal funds for the project or program; and
              (3) percentage and dollar amount of the total costs of the project or program that
              will be financed by non-governmental sources.”

Advertising and Public Relations Costs, from 2 CFR 200.421, the Uniform Guidance:

“(a) The term advertising costs means the costs of advertising media and corollary administrative
costs. Advertising media include magazines, newspapers, radio and television, direct mail,
exhibits, electronic or computer transmittals, and the like.

(b) The only allowable advertising costs are those which are solely for:
       (1) The recruitment of personnel required by the non-Federal entity for performance of a
       Federal award (See also § 200.463);
       (2) The procurement of goods and services for the performance of a Federal award;
       (3) The disposal of scrap or surplus materials acquired in the performance of a Federal
       award except when non-Federal entities are reimbursed for disposal costs at a
       predetermined amount; or
       (4) Program outreach and other specific purposes necessary to meet the requirements of
       the Federal award.

(c) The term “public relations” includes community relations and means those activities
dedicated to maintaining the image of the non-Federal entity or maintaining or promoting
understanding and favorable relations with the community or public at large or any segment of
the public.

(d) The only allowable public relations costs are:
       (1) Costs specifically required by the Federal award;
       (2) Costs of communicating with the public and press pertaining to specific activities or
       accomplishments which result from performance of the Federal award (these costs are
       considered necessary as part of the outreach effort for the Federal award); or
       (3) Costs of conducting general liaison with news media and government public relations
       officers, to the extent that such activities are limited to communication and liaison
       necessary to keep the public informed on matters of public concern, such as notices of
       funding opportunities, financial matters, etc.

(e) Unallowable advertising and public relations costs include the following:
       (1) All advertising and public relations costs other than as specified in paragraphs (b) and
       (d) of this section;

       (2) Costs of meetings, conventions, convocations, or other events related to other
       activities of the entity (see also § 200.432), including:
               (i) Costs of displays, demonstrations, and exhibits;
               (ii) Costs of meeting rooms, hospitality suites, and other special facilities used in
               conjunction with shows and other special events; and
               (iii) Salaries and wages of employees engaged in setting up and displaying
               exhibits, making demonstrations, and providing briefings;
       (3) Costs of promotional items and memorabilia, including models, gifts, and souvenirs;
       (4) Costs of advertising and public relations designed solely to promote the non -Federal
       entity.”

Affirmative Outreach, from 29 CFR 38.40:

Recipients must take appropriate steps to ensure that they are providing equal access to their
WIOA Title I-financially assisted programs and activities. These steps should involve reasonable
efforts to include members of the various groups protected by these regulations including but not
limited to persons of different sexes, various racial and ethnic/national origin groups, various
religions, individuals with limited English proficiency, individuals with disabilities, and
individuals in different age groups. Such efforts may include, but are not limited to:

(a) Advertising the recipient's programs and/or activities in media, such as newspapers or radio
programs, that specifically target various populations;

(b) Sending notices about openings in the recipient's programs and/or activities to schools or
community service groups that serve various populations; and

(c) Consulting with appropriate community service groups about ways in which the recipient
may improve its outreach and service to various popu lations.

Cost Principles, from the Uniform Guidance at 2 CFR 200.403:

The Cost Principles of the Uniform Guidance describe general criteria all costs must meet in
order to be allowable. Paraphrased below, the full text can also be found at 2 CFR 200.403.
        • Be necessary and reasonable for the performance of your DOL/ ETA award and be
           allocable to the award.
        • Conform with Federal law, guidelines, and grant terms.
        • Be consistent with policies and procedures. Costs must be incurred to support your
           DOL/ETA award, consistent with governing statutes, regulations, and your policies
           and procedures that apply uniformly to both Federal and non -Federal awards.
        • Receive consistent treatment. Costs must receive the same accounting treatment as
           costs that your organization incurred in similar circumstances.
        • Must be in accordance with Generally Accepted Accounting Principles (GAAP).
        • Cannot be included as a cost or used to meet cost-sharing or matching requirements
           of any other Federal award except as specifically provided by federal law or
           regulation.
        • Be properly and adequately documented.

       •   Cost must be incurred during the approved budget period. The Federal awarding
           agency is authorized, at its discretion, to waive prior written approvals to carry
           forward unobligated balances to subsequent budget periods pursuant to
           § 200.308(e)(3).

When testing for reasonableness of a cost, consider the prudent person test. In the prudent
person test, the recipient must consider: Would a prudent person use Federal funds to pay for the
advertising or public relations activities? Would the recipient have used its own funds to
conduct outreach efforts related to these activities? Recipients must be able to demonstrate that
advertising and public relations costs meet all the factors of allowability before it can be charged
to a DOL/ ETA award.

Costs of Infrastructure, from WIOA sec. 121(h)(4):

“The term ‘costs of infrastructure’, used with respect to a one- stop center, means the non-
personnel costs that are necessary for the general operation of the one-stop center, including the
rental costs of the facilities, the costs of utilities and maintenance, equipment (including
assessment-related products and assistive technology for individuals with disabilities), and
technology to facilitate access to the one-stop center, including the center’s planning and
outreach activities.”

Language Access, from Section 188 of WIOA:

29 CFR 38.9 requires that:

A recipient must take reasonable steps to ensure meaningful access to each limited English
proficient (LEP) individual served or encountered so that LEP individuals are effectively
informed about and/or able to participate in the program or activity.
(1) Reasonable steps generally may include, but are not limited to, an assessment of an LEP
individual to determine language assistance needs; providing o ral interpretation or written
translation of both hard copy and electronic materials, in the appropriate non -English languages,
to LEP individuals; and outreach to LEP communities to improve service delivery in needed
languages.

A recipient must provide adequate notice to LEP individuals of the existence of interpretation
and translation services and that these language assistance services are available free of charge.

With regard to vital information:

(1) For languages spoken by a significant number or portion of the population eligible to be
served, or likely to be encountered, a recipient must translate vital information in written
materials into these languages and make the translations readily available in hard copy, upon
request, or electronically such as on a Web site. Written training materials offered or used within
employment-related training programs as defined under § 38.4(t) are excluded from these
translation requirements. However, recipients must take reasonable steps to ensure meaningful
access as stated in § 38.9(b).

(2) For languages not spoken by a significant number or portion of the population eligible to be
served, or likely to be encountered, a recipient must take reasonable steps to meet the
particularized language needs of LEP individuals who seek to learn about, participate in, and/or
access the aid, benefit, service, or training that the recipient provides. Vital information may be
conveyed orally if not translated.

Noting Equal Opportunity in Public Communications, from 29 CFR 38.38:

The WIOA nondiscrimination regulations at 29 CFR 38.38 require that grantees indicate that the
Federally-funded program or activity in question is an equal opportunity program and that
“auxiliary aids and services are available upon request to individuals with disabilities,” in
recruitment brochures and other materials that are ordinarily distributed or communicated in
written and/or oral form, electronically, and/or on paper to staff, clients, or the public at large.