[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7620]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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DEPARTMENT OF JUSTICE

 

Immigration Related Employment Discrimination Public Education 
Grants

AGENCY: Office of Special Counsel for Immigration Related Unfair 
Employment Practices, U.S. Department of Justice.

ACTION: Notice of availability of funds and solicitation for grant 
applications.

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SUMMARY: The Office of Special Counsel for Immigration Related Unfair 
Employment Practices (``OSC'') announces the availability of up to 
$900,000 for grants to conduct public education programs about the 
rights afforded potential victims of employment discrimination and the 
responsibilities of employers under the antidiscrimination provision of 
the Immigration Reform and Control Act of 1986 (``IRCA''), 8 U.S.C. 
Sec. 1324b, as amended by Title V, Section C of the Immigration Act of 
1990.
    It is anticipated that a number of grants will be competitively 
awarded to applicants who can demonstrate a capacity to design and 
successfully implement public education campaigns to combat 
immigration-related employment discrimination. Grants will range in 
size from $50,000 to $200,000.
    OSC will accept proposals from applicants who have access to 
potential victims of discrimination or whose experience qualifies them 
to educate employers about the antidiscrimination provisions of IRCA. 
OSC welcomes proposals from diverse nonprofit organizations [501(c)(3) 
status] such as local, regional or national ethnic and immigrants' 
rights advocacy organizations, trade associations, industry groups, 
professional organizations, or other nonprofit entities [501(c)(3) 
status] providing information services to potential victims of 
discrimination and/or employers. Applications will not be accepted from 
public entities, including state and local government agencies, and 
public educational institutions.

APPLICATION DUE DATE: May 2, 1994.

FOR FURTHER INFORMATION CONTACT: Patita McEvoy or Ginette Milanes, 
Public Affairs Specialists. Office of Special Counsel for Immigration 
Related Unfair Employment Practices, 1425 New York Ave., NW., suite 
9000, P.O. Box 27728, Washington, DC 20038-7728. Tel. (202) 616-5594, 
or (202) 616-5525 (TDD for the hearing impaired).

SUPPLEMENTARY INFORMATION: The Office of Special Counsel for 
Immigration Related Unfair Employment Practices of the Department of 
Justice announces the availability of funds to conduct public education 
programs concerning the antidiscrimination provisions of IRCA. Funds 
will be awarded to selected applicants who propose cost effective ways 
of educating employers and/or members of the protected class, or to 
those who can fill a particular need not currently being met.

Background

    On November 6, 1986, President Reagan signed into law the 
Immigration Reform and Control Act of 1986, Pub. L. No. 99-603. 
Additional provisions were signed into law by President Bush in the 
Immigration Act of 1990 on November 29, 1990. IRCA makes hiring aliens 
without work authorization unlawful, and it requires employers to 
verify the identity and work authorization of all new employees. 
Employers who violate this law are subject to sanctions, including 
fines and possible criminal prosecution.
    During the debate of IRCA, Congress foresaw the possibility that 
employers, fearful of sanctions, would refuse employment to individuals 
simply because they looked or sounded foreign. Consequently, Congress 
enacted Section 102 of IRCA, an antidiscrimination provision. Section 
102 prohibits employers of four or more employees from discriminating 
on the basis of citizenship status or national origin in hiring, 
firing, recruitment or referral for a fee. Citizens and certain classes 
of work authorized individuals are protected from citizenship status 
discrimination. Protected non-citizens include permanent residents, 
temporary residents under the amnesty, the Special Agricultural Workers 
(SAWs) or the Replenishment Agricultural Workers (RAWs) programs, 
refugees and asylees who apply for naturalization within six months of 
being eligible to do so. Citizens and all work authorized individuals 
are protected from discrimination on the basis of national origin. 
However, this prohibition applies to employers with four to fourteen 
employees. National origin discrimination complaints against employers 
with fifteen or more employees remain under the jurisdiction of the 
Equal Employment Opportunity Commission under Title VII of the Civil 
Rights Act of 1964.
    Congress created the OSC to enforce Section 102. OSC is responsible 
for receiving and investigating discrimination charges and, when 
appropriate, filing complaints with a specially designated 
administrative tribunal. OSC also initiates independent investigations 
of possible Section 102 violations.
    While OSC has established a record of vigorous enforcement, studies 
by the U.S. General Accounting Office and other sources have shown that 
there is an extensive lack of knowledge on the part of protected 
individuals and employers about the antidiscrimination provisions. 
Enforcement cannot be effective if potential victims of discrimination 
are not aware of their rights. Moreover, discrimination can never be 
eradicated so long as employers are not aware of their 
responsibilities.

Purpose

    OSC seeks to educate both potential victims of discrimination about 
their rights and employers about their responsibilities under the 
antidiscrimination provision of IRCA. Because previous grantees have 
developed a wealth of materials (e.g., brochures, posters, booklets, 
information packets, and videos) to educate these groups, OSC has 
determined that the focus of the program should be on the actual 
delivery of said education. More specifically, in keeping with the 
purpose of the grant program, OSC seeks proposals that will use 
existing materials effectively to educate large numbers of workers or 
employers about exercising their rights or fulfilling their obligations 
under the antidiscrimination provisions.

Program Description

    The program is designed to develop and implement cost effective 
approaches to educate potential victims of employment discrimination 
about their rights and to educate employers about their 
responsibilities under IRCA's antidiscrimination provisions. 
Applications may propose to educate potential victims only, employers 
only, or both in a single campaign. Program budgets must include the 
travel, lodging and other expenses necessary for at least one, but not 
more than two, program staff members to attend the mandatory OSC 
grantee training (2 days) held in Washington, D.C. at the beginning of 
the grant period (late Autumn). Proposals should outline the following 
key elements of the program:

Part I: Targeted Population

    The educational efforts under the grant should be directed to (1) 
work authorized non-citizens who are protected individuals, since this 
group is especially vulnerable to employment discrimination; (2) those 
citizens who are most likely to become victims of employment 
discrimination; and/or to (3) employers. The proposals should define 
the characteristics of the work authorized population or the employer 
group(s) targeted for the educational campaign, and the applicant's 
qualifications to credibly and effectively reach large segments of the 
campaign targets.
    The proposals should also detail the reasons for targeting each 
group of protected individuals or employers by describing particular 
needs or other factors to support the selection. In defining the 
campaign targets and supporting the reasons for the selection, 
applicants may use studies, surveys, or any other sources of 
information of generally accepted reliability.

Part II: Campaign Strategy

    We encourage applicants to devise effective and creative means of 
public education and information dissemination that are specifically 
designed to reach the widest possible targeted audience. Those 
applicants proposing educational campaigns addressing potential victims 
of discrimination should keep in mind that some of the traditional 
methods of public communication may be less than optimal for educating 
members of national or linguistic groups that have limited community- 
based support and communication networks.
    Proposals should discuss the components of the campaign strategy, 
detail the reasons supporting the choice of each component, and explain 
how each component will effectively contribute to the overall objective 
of cost-effective dissemination of useful and accurate information to a 
wide audience of protected individuals or employers. Discussions of the 
campaign strategies and supporting rationale should be clear, concise, 
and based on sound evidence and reasoning.
    Since there presently exists a wealth of materials for use in 
educating the public, proposals should include in their budgets the 
costs for printing from camera-ready materials received from OSC or 
from current/past OSC grantees. To the extent that applicants believe 
the development of original materials particularly suited to their 
campaign is necessary, their proposal should articulate in detail the 
circumstances requiring the development of such materials. All such 
materials must be approved by OSC to ensure legal accuracy and proper 
emphasis prior to production. It should be noted that proposed 
revisions/translations of OSC approved materials must also be submitted 
for clearance. All information distributed should also include mention 
of the OSC as a source of assistance, information and action, and the 
correct address and telephone numbers of the OSC (including the toll-
free and TDD toll-free numbers for the hearing impaired).

Part III: Evaluation of the Strategy

    One of the central goals of this program is determining what public 
education strategies are most effective and thus, should be included in 
future public education efforts.
    Therefore, it is crucial that the methods of evaluating the 
campaign strategy and public education materials and their results be 
carefully detailed. A full evaluation of a project's effectiveness is 
due within 60 days of the conclusion of a campaign.

Selection Criteria

    The final selection of grantees for award will be made by the 
Special Counsel for Immigration Related Unfair Employment Practices. 
Each proposal will evaluated for effectiveness and efficiency with 
emphasis on the various factors enumerated below. Letters of support, 
endorsement, or recommendation will not be accepted or considered.
    Applicants should be aware that some states are currently 
conducting IRCA antidiscrimination outreach and education programs with 
funds made available under the Immigrant Nurses Relief Act of 1989, 
Pub. L. 101-238. Unnecessary duplication of specific efforts under 
those programs should be avoided. OSC will take steps to coordinate 
these efforts but expects that, to the extent practicable, grantees 
will do so as well.
    In determining which applications to fund, OSC will consider the 
following (based on a one-hundred point scale):

1. Program Design (50 points)

    Sound program design and cost effective strategies for educating 
the targeted population are imperative. Consequently, areas that will 
be closely examined include the following:
    a. Evidence of in-depth knowledge of the goals and objectives of 
the project. (15 points)
    b. Selection and definition of the target group(s) for the 
campaign, and the factors that support the selection, including special 
needs, and the applicant's qualifications to effectively reach the 
target. (10 points)
    c. A cost effective campaign strategy for educating targeted 
employers and/or members of the protected class, with a justification 
for the choice of strategy. (15 points)
    d. The evaluation methods proposed by the applicant to measure the 
effectiveness of the campaign and their precision in indicating to what 
degree the campaign is successful. (10 points)

2. Administrative Capability (20 points)

    Proposals will be rated in terms of the capability of the applicant 
to implement the targeting, public education and evaluation components 
of the campaign:
    a. Evidence of proven ability to provide high quality results. (10 
points)
    b. Evidence that the applicant can implement the campaign, and 
complete the evaluation component within the time lines provided. Note: 
OSC's experience during previous grant cycles has shown that a number 
of applicants choose to apply as a consortium of individual entities; 
or, if applying individually, propose the use of sub- contractors to 
undertake certain limited functions. It is essential that these 
applicants demonstrate the proven management capability and experience 
to ensure that, as lead agency, they will be directly accountable for 
the successful implementation, completion, and evaluation of the 
project. (10 points)

3. Staff Capability (10 points)

    Applications will be evaluated in terms of the degree to which:
    a. The duties outlined for grant-funded positions appear 
appropriate to the work that will be conducted under the award. (5 
points)
    b. The qualifications of the grant-funded positions appear to match 
the requirements of these positions. (5 points) NOTE: Should there be 
any change in professional staff during the grant period, hiring is 
subject to review and approval by OSC at that time.

4. Previous Experience (20 points)

    The proposals will be evaluated on the degree to which the 
applicant demonstrates that it has successfully carried out programs or 
work of a similar nature in the past.

Eligible Applicants

    This grant competition is open to nonprofit organizations 
[501(c)(3) status] that serve potential victims of discrimination and/
or employers. Applications will not be accepted from public entities, 
including state and local government agencies, and public educational 
institutions.

Grant Period and Award Amount

    It is anticipated that several grants will be awarded and will 
range in size from $50,000 to $200,000.
    During evaluation, OSC will closely examine those proposals that 
guarantee maximum exposure and penetration in the employer or potential 
victims target populations. Thus, a campaign designed to reach a very 
large proportion of employers (or potential victims) in the state of 
Texas would take precedence over a campaign designed to reach a more 
limited number of employers (or potential victims) nationwide.
    Publication of this announcement does not require OSC to award any 
specific number of grants, to obligate the entire amount of funds 
available, or to obligate any part thereof. The period of performance 
will be twelve months from the date of the grant award. Those grantees 
who successfully achieve their goals may be considered for 
supplementary funding for a second year based on the availability of 
funds.

Application Deadline

    All applications must be received by 5:00 p.m. EDT, May 2, 1994 at 
the Office of Special Counsel for Immigration Related Unfair Employment 
Practices, 1425 New York Ave., N.W., Suite 9000, P.O. Box 27728, 
Washington, DC 20038-7728. Applications submitted via facsimile machine 
will not be accepted or considered.

Application Requirements

    Applicants should submit an original and two (2) copies of their 
completed proposal by the deadline established above. All submissions 
must contain the following items in the order listed below:
    1. A completed and signed Application for Federal Assistance 
(Standard Form 424) and Budget Information (Standard Form 424A).
    2. OJP Form 4061/6 (Certification Regarding Lobbying; Debarment, 
Suspension and Other Responsibility Matters; and Drug-Free Workplace 
Requirements).
    3. An abstract of the full proposal, not to exceed one page.
    4. A program narrative of not more than fifteen (15) double-spaced 
typed pages which include the following:
    a. A clear statement describing the approach and strategy to be 
utilized to complete the tasks identified in the program description;
    b. A clear statement of the proposed goals and objectives, 
including a listing of the major events, activities, products and 
timetables for completion;
    c. The proposed staffing plan (NOTE: Should there be a change in 
professional staff during the grant period, hiring is subject to review 
and approval by OSC at that time); and,
    d. Description of how the project will be evaluated.
    5. A proposed budget outlining all direct and indirect costs for 
personnel, fringe benefits, travel, equipment, supplies, subcontracts, 
and a short narrative justification of each budgeted line item cost. If 
an indirect cost rate is used in the budget, then a copy of a current 
fully executed agreement between the applicant and the Federal 
cognizant agency must accompany the budget.

    Note: Program budgets must include the travel, lodging and other 
expenses necessary for at least one, but not more than two, program 
staff members to attend the mandatory OSC grantee training (2 days) 
held in Washington, D.C. at the beginning of the grant period (late 
Autumn).

    6. Copies of resumes for the professional staff proposed in the 
budget

(Note: OSC expects staff for any proposed project to already be in 
the employ of, or under contract with, the applicant).

    7. Detailed technical materials that support or supplement the 
description of the proposed effort should be included in the appendix.
    In order to facilitate handling, please do not use covers, binders 
or tabs.
    Application forms may be obtained by writing or telephoning: Office 
of Special Counsel for Immigration Related Unfair Employment Practices, 
1425 New York Ave., NW., suite 9000, P.O. Box 27728, Washington, DC 
20038-7728. Tel. (202) 616-5594, or (202) 616-5525 (TDD for the hearing 
impaired).

    Dated: March 25, 1994.
    Approved:
William Ho-Gonzalez,
Special Counsel, Office of Special Counsel for Immigration Related 
Unfair Employment Practices.
[FR Doc. 94-7620 Filed 3-30-94; 8:45 am]
BILLING CODE 4410-01-P