BACKGROUND | POLICY | DEFINITIONS | REFERENCES
SUPERSEDES | WEBSITE | INQUIRIES

Recipients of federal funds have long been subject to restrictions on lobbying activities and related unallowed costs. Prohibitions and restrictions exist on attempting to influence congressional members or staff regarding grants, contracts, or legislation. There are also cost prohibitions related to staff costs, travel, or other expenditures. Certification statements are required in all grant and contract general conditions, and disclosure documents must be filed when appropriate.

The following are major federal and state directives on lobbying. Entities receiving WIA funds should review any relevant policies and procedures they may have with the following regulations, and make changes if necessary. Source documents should be consulted for details necessary to understand what is specifically required, and what is applicable for different organizations.

• 20 CFR Section 667.200 (e)--Restrictions on Lobbying states that all WIA Title I grant recipients and subrecipients must comply with the restrictions on lobbying in the DOL Regulations at 29 CFR Part 93.

• 20 CFR Section 667.200 (c) Allowable Costs/Cost Principles states that all recipients and subrecipients must follow the Federal allowable cost principles that apply to their kind of organization including OMB Circulars.

• 20 CFR Section 667.264(a)(3) states WIA Title I funds must not be spent on expenses prohibited under any other Federal, State or local law or regulation.

• Department of Labor Regulation 29 CFR Part 93 .100 Restrictions on Lobbying includes:

(a)—No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any Federal contract, the making of any Federal grant, loan, or entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b)—Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification according to Appendix A (of Part 93) that the person has not made, and will not make any payment prohibited in paragraph (a) above.

(c)—Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form (see Appendix B of Part 93) if such person made or agreed to make any payment using nonappropriated funds (including profits from any covered Federal action) which would be prohibited in paragraph (a) of 93.100.

• 29 CFR Part 93.110 – Discusses requirements for certification and disclosure. No reporting is required for an activity if that activity is allowable under 93.200 Agency and legislative liaison and professional and technical services. 29 CFR 93.605 Department of Labor regulations cover specific certification language regarding lobbying for contracts, grants, loans, cooperative agreements and related disclosure documents. The certification statement can be found in Appendix A at: http://www.dol.gov/dol/allcfr/Title_29/Part_93/toc.htm.

• A-87—State, Local Governments, and Indian Tribal Governments (Aug. 29, 1997). See Attachment B. Selected Items of Cost.

See Section 27, Lobbying --The cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements, or loans in an unallowable cost, see details.

Unallowed activities which could be relevant to lobbying include Sections 2) Advertising and public relations costs; 13) Contributions and donations and 21) Fund raising and investment management costs.

• A-122—Non-Profit Organizations (revised). Some references are listed below that are included in Attachment B, Selected Items of Cost:

See Paragraph 25, Lobbying for activities that are unallowable and those activities that are excepted from coverage. For example, unallowed activities would be any attempt to influence the introduction of Federal or State legislation; or the enactment or modification of any pending Federal or State legislation through communication with any member or employee of the Congress or State legislature (including efforts to influence State or local officials to engage in similar lobbying activities).

Unallowed activities which could be relevant to lobbying include Paragraphs: 23) with respect to costs of fundraising, financial campaigns, solicitation of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions 1) with respect to advertising and public relations costs; 29) with respect to meetings and conferences; and 30) with respect to memberships, subscriptions, and professional activity costs.

• A-21—Educational Institutions (institutions of higher education) and J. Section 24 (Aug. 8, 2000).

RCW 42.17.190—including (2)--No public funds may be used directly or indirectly for lobbying; provided this does not prevent officers or employees of an agency from communicating with a member of the legislature on the request of that member; or

communicating to the legislature, through the proper official channels. Restrictions also apply that in the absence of specific legal authorization any public agency cannot expend its funds to lobby for or against legislation.

For general reference on state and local agency lobbying on state legislation see the Public Disclosure Commission document Public Agency Lobbying which can be accessed at http://www.pdc.wa.gov/filerassistance/manuals/pdf/L5Manual.pdffor.

Recipients and subrecipients of WIA Title I B funds must comply with the restrictions or prohibitions on WIA funded lobbying activities and related costs. Entities receiving Workforce Investment Act funds should ensure that all applicable state and federal restrictions on lobbying are adhered to. This includes appropriate Federal Registers, Circulars, and state grant terms and conditions related to certification requirements.

A local policy on lobbying must be established.

DEFINITIONS

Definitions in the source documents are applicable.

REFERENCES

Workforce Investment Act Final Regulations, Aug. 11, 2000.
20 CFR 627.435 -Department of Labor Regulations.
29 CFR Part 93--Department of Labor Byrd Anti-Lobbying Amendment Common Rule (31 U.S.C. 1352).
OMB Circular A-21, Cost Principles for Educational Institutions (institutions of higher education), Revised Aug. 8, 2000.
OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, Revised May 4, 1995, as Further Amended August 29, 1997.
OMB Circular A-122, Cost Principles for Non-Profit Organizations, Revised June 1, 1998.
Revised Code of Washington (RCW), including 42.17.190.
Washington Administrative Code (WAC)

SUPERCEDES: None

WEBSITE:

http://www.wa.gov/esd/policies

DIRECT INQUIRIES TO:

Leslye Miller
Phone: (360) 438-3268
E-Mail: lmiller@esd.wa.gov

Return to Top

Home

Title I-B Home