[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10587]


[[Page Unknown]]

[Federal Register: May 3, 1994]


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UNITED STATES INFORMATION AGENCY
 

Public and Private Nonprofit Organizations in Support of 
International Educational and Cultural Activities: Exchange Programs To 
Promote the Strengthening of the Rule of Law in Africa Through Judicial 
and Public Defender Training

AGENCY: United States Information Agency.

ACTION: Notice--Request for proposals.

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SUMMARY: The Office of Citizen Exchange (E/P) of the Bureau of 
Educational and Cultural Affairs announces a competitive grants program 
for nonprofit organizations to develop initiative grant projects on the 
theme of rule of law for audiences in selected African countries. Two 
separate projects are detailed below for judicial training and public 
defender training. USIA is particularly seeking projects linking 
American legal institutions and specialists with partners in Africa. 
Interested organizations are welcome to submit proposals for one or 
both projects; if submitting for both, each project should have a 
separate proposal.

BACKGROUND: Many African countries are striving to create and 
institutionalize more democratic polities by establishing multi-party 
systems, writing new constitutions, holding free elections, creating 
new legal systems and making a variety of political and economic 
reforms. The highest priority of U.S. Missions in Africa is supporting 
democratization, of which one crucial aspect is the growth of strong 
legal systems and legal institutions firmly committed to the rule of 
law.
    The two projects described in this announcement are intended to 
engage American legal professionals, particularly judges, public 
defenders and training institutions, in working with African 
counterparts to enhance the professionalism and efficiency of the 
judiciary and to create or greatly expand public defender and legal aid 
services in the target countries. The projects should also promote 
long-term linkages between American and African institutions.
    Interested applicants are urged to read the complete Federal 
Register announcement before addressing inquiries to the Office or 
submitting their proposals. After the RFP deadline, the Office of 
Citizen Exchanges may not discuss this competition in any way with 
applicants until the final decisions are made.

ANNOUNCEMENT NUMBER: This Announcement number is E/P-24-29. Please 
refer to the title given above and this number in all correspondence or 
telephone calls to USIA.

DATES: Deadline for Proposals: All copies must be received at the U.S. 
Information Agency by 5 p.m. Washington, DC, time on June 24, 1994. 
Faxed documents will not be accepted, nor will documents postmarked 
June 24, 1994, but received at a later date. It is the responsibility 
of each grant applicant to ensure that proposals are received by this 
deadline. Grant activity should begin after October 1.

ADDRESSES: The original and 14 copies of the completed application and 
required forms should be submitted by the deadline to: U.S. Information 
Agency, Ref: E/P-94-29, Office of Grants Management (E/XE), 301 Fourth 
Street, SW.--room 336, Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT:
Interested organizations/institutions should contact the Office of 
Citizen Exchange (E/P), room 224, USIA, 301 Fourth Street, SW., 
Washington, DC 20547, tel. (202) 619-5319, fax (202) 619-4350, to 
request detailed application packages which include all necessary forms 
and guidelines for preparing proposals, including specific budget 
preparation.

SUPPLEMENTARY INFORMATION: 

African Judicial Training Exchange

    USIA will accept proposals designed to develop a two-way exchange 
program to support independent judiciaries and enhance the performance 
of judges and the administrative capacity of court systems in Malawi, 
Zambia, Tanzania, and Uganda. The project should encourage long-term 
relationships between African judicial systems and U.S. counterparts. 
USIA will consider providing funding up to approximately $250,000 of 
which at least $30,000 must be devoted to developing or purchasing 
specialized support materials for participating African institutions. 
For technical information, interested organizations may contact E/P 
Program Specialist Charlotte Peterson at (202) 619-5319.

Project Themes and Objectives

    1. Introduce African judges to the American legal system and the 
principles upon which it is based, particularly the rule of law and the 
independence of the judiciary;
    2. Provide a formal training component for the dual purpose of 
benefiting the individual visiting judges and enabling them to develop 
improved in-service training programs for colleagues in their home 
countries;
    3. Discuss constitutional issues including due process, rules of 
evidence, equal protection and criminal procedure;
    4. Demonstrate various U.S. models for enhancing judicial 
efficiency, including caseload management and trial conduct techniques 
and alternative dispute resolution;
    5. Promote long-term linkages between African and U.S. court 
systems to foster dialogue on issues of common concern and to enhance 
the institutional capabilities of the African judiciaries;
    6. Develop and/or purchase specialized support materials for 
participating institutions in each of the target countries. Such 
materials might include but are not limited to legal reference and 
research books, training videos, textbooks or other instructional 
materials. Grant monies of $30,000 must be used for this purpose.

Participants

    The African participants will be judges selected through 
coordination among U.S. Information Service personnel in the target 
countries, USIA, and the African partner institutions. All participants 
must have strong English-language skills.
    The U.S. consultants who will travel to Africa will be selected by 
the grantee institution in consultation with USIA. The grantee should 
provide the names of American participants and brief, relevant 
biographical data. American participants should be selected on the 
basis of their experience and expertise in the thematic field. 
Experience in communicating to foreign audiences and general knowledge 
of Africa and of the countries involved in the project are highly 
desirable.

Recommended Program Structure

    The following suggestions should not serve as a blueprint, but as a 
stimulus for the development of an original program design.
    Phase One: The program could begin with a 3-4 week U.S. study tour 
for a group of approximately 10-12 judges representing the target 
countries. The study tour should allow the African jurists to visit 
several locations in the U.S. and should include cultural activities as 
well as the following professional components:

--A series of field visits to familiarize the visiting jurists with the 
operations of courts and other legal institutions such as bar 
associations, law schools, and legal training organizations;
--An intensive visit of several days duration to a state court system 
which is of a scale similar to the national courts of the target 
countries;
--Formal judicial training to address the program themes in both the 
constitutional and court administration areas;
--A concluding session to evaluate the study tour, make plans for the 
follow-up visit of American specialists to Africa, and discuss needs 
for the specialized support materials to be provided with grant funds.

    Phase Two: One or more American judges, judicial training 
specialists and/or experienced court administrators would visit each of 
the target countries for consultations, workshops or other activities 
with local counterparts. Ideally, the Americans would work closely with 
Africans who participated in Phase One to build on that earlier phase. 
For example, they might collaborate to train and to plan professional 
development programs for many others. One approach might be for the 
Americans and their Phase One African partners to conduct week-long 
workshops for 10-20 African judges on selected constitutional or court 
management issues; another approach might be to convene 10-20 African 
judges to begin designing a country-specific professional development 
program of coursework and practical experience and technical progress. 
In planning these follow-up activities, the grantee should work closely 
with the African participants in the U.S. study tour and with U.S. 
Information Service personnel in Africa to ensure that the activities 
are tailored to meet the needs of the African countries.
    Phase Three: With careful planning and cost sharing, there may be 
enough money to conduct a third phase, in either the U.S. or Africa, 
which would extend the work of the first two phases.

African Public Defender and Legal Aid Training Exchange

    USIA will accept proposals for a two-way exchange project to foster 
the development of public defender and legal aid services in Ethiopia, 
Tanzania, Uganda and Zambia, and to promote linkages between legal 
professionals in the U.S. and these countries for this purpose. USIA 
will consider providing funding up to approximately $200,000, of which 
$10,000 must be devoted to developing or purchasing specialized support 
materials for participating African institutions. For technical 
information, interested organizations may contact E/P Program 
Specialist Charlotte Peterson at (202) 619-5319.

Project Objectives

    1. Introduce African participants to the U.S. legal system and the 
principles on which it is founded, particularly the rule of law and the 
power of courts to overrule actions of the Executive and Legislative 
branches, and compare the U.S. legal system with those of the target 
countries;
    2. Examine the organizational structure and administrative 
operation of public defender and legal aid organizations in the U.S., 
and explore how U.S. models might be adapted for use in the target 
countries;
    3. Explore techniques of alternative dispute resolution and 
sentencing alternatives such as probation and community service;
    4. Provide a formal training component for the dual purpose of 
benefiting the individual visiting public defenders and legal aid 
attorneys, and of enabling them to develop or enhance training programs 
for colleagues in their home countries;
    5. Discuss the primary constitutional issues affecting criminal 
cases, including due process, equal protection, rules of evidence, and 
criminal procedure;
    6. Explore strategies and modalities for challenging governmental 
actions, including test cases and class action lawsuits;
    7. Promote long-term linkages between African public defenders and 
legal aid organizations and their counterparts in the U.S. in order to 
foster dialogue on issues of common concern and to enhance the 
institutional capabilities of the African organizations;
    8. Develop and/or purchase specialized support materials for 
participating institutions in each of the target countries. Such 
materials might include but are not limited to legal reference and 
research books, training videos, textbooks or other instructional 
materials. Grant monies of $10,000 must be used for this purpose.

Participants

    The African participants will be attorneys active in public defense 
work and/or legal aid in their countries, or seeking to establish such 
services. Participants will be nominated through coordination among 
U.S. Information Service personnel in the target countries, USIA, and 
the African partner institutions. All participants must have strong 
English-language skills.
    The U.S. consultants who will travel to Africa will be selected by 
the grantee institution in consultation with USIA. The grantee should 
provide the names of American participants and brief, relevant 
biographical data. American participants should be selected on the 
basis of their experience and expertise in the thematic field. 
Experience in communicating to foreign audiences and general knowledge 
of Africa and of the countries involved in the project are highly 
desirable.

Program Structure

    The following suggestions should not serve as a blueprint, but as a 
stimulus for the development of an original program design.
    Phase One: The program could begin with a 3-4 week U.S. study tour 
for approximately 12 attorneys representing public defense and legal 
aid services in the target countries. The study tour should allow the 
African lawyers to visit several regions of the U.S. and should include 
cultural activities as well as the following professional components:

--An initial orientation to the U.S. legal system and the constitution 
on which it is founded;
--A series of field visits to familiarize the visiting lawyers with the 
operations of courts and other legal institutions such as bar 
associations, law schools, and legal training facilities;
--Field visits and consultations with NGOs wholly or partly dedicated 
to legal aid, including organizations focused on civil rights, consumer 
protection and public interest issues such as the environment;
--Intensive visits of several days duration to public defender or legal 
aid organizations representing at least two different organizational 
approaches to provision of legal services. Participants might be 
divided into two or more small groups for this portion of the program. 
For example, those focused on criminal defense might spend a few days 
with a large-city public defender's office and then travel to a smaller 
community which provides public defenders through a system of 
appointing private-practice attorneys. Those participants interested 
primarily in legal aid in civil cases might visit a single city to 
observe the various organizations providing legal aid such as legal aid 
societies, NGOs devoted to civil rights or public interest practice, 
and law school clinical programs;
--Formal training in such areas as trial advocacy skills, for the 
benefit of the visiting attorneys and to demonstrate training 
techniques they might establish for colleagues in their home countries;
--A concluding session to evaluate the study tour, make plans for the 
follow-up visit of American specialists to Africa, develop a framework 
for institutional linkages between African public defender/legal aid 
organizations and American counterpart institutions, and discuss needs 
for the specialized support materials to be provided with grant funds.

    Phase Two: One or more American attorneys specializing in criminal 
defense or legal aid services would visit each of the target countries 
for consultations, workshops or other activities with local 
counterparts. In planning these follow-up activities, the grantee 
should work closely with the African participants in the U.S. study 
tour and with U.S. Information Service personnel in Africa to ensure 
that the activities are tailored to meet the needs of the African 
countries. Ideally, the Americans and their African partners would use 
this phase to involve many more African lawyers and to design or launch 
projects which continue after this phase.

Additional Guidelines and Restrictions

    USIA is interested in supporting programs which will lay the 
groundwork for new and continuing relationships between American and 
African legal institutions. Proposals which are overly ambitious and 
those which are very general will not be competitive. Therefore, 
institutions should provide strong evidence of their ability to 
accomplish a few tasks exceptionally well.
    Bureau grants are not given to support projects whose focus is 
limited to technical issues, or for research projects, developing 
publications for dissemination in the United States, individual student 
exchanges, film festivals, or exhibits. Neither does the Office of 
Citizen Exchanges provide scholarships or support for long-term (a 
semester or more) academic studies. Competitions sponsored by other 
Bureau offices are also announced in the Federal Register and may have 
different application requirements as well as different objectives.

Programmatic Considerations

    Pursuant to the legislation authorizing the Bureau of Educational 
and Cultural Affairs, programs must maintain a nonpolitical character 
and should be balanced and representative of the diversity of American 
political, social and cultural life.
    USIA will give priority to proposals from U.S. organizations with 
relevant institutional contacts in the countries involved in the 
projects described above. Partner institutions are encouraged to 
provide cost-sharing or significant in-kind contributions such as local 
housing and transportation, interpreting, translating and other local 
currency costs. These institutions are also encouraged to assist with 
the organization of various program activities.
    The grantee will be responsible for most arrangements associated 
with this program. These include selecting speakers, themes, and topics 
for discussion; organizing a coherent progression of activities; making 
all arrangements associated with the African follow-up portion of the 
program; providing international and domestic travel arrangements for 
all participants; making lodging and local transportation arrangements 
for visitors; orienting and debriefing participants; preparing any 
necessary support materials; and working with host institutions and 
individuals to achieve maximum program effectiveness.
    At the start of the U.S. portion of a program, the grantee should 
conduct an orientation session for the visiting delegation which 
addresses substantive details of the program as well as geographic, 
historical, and cross-cultural factors which they should consider to 
enhance program success.
    At the conclusion of each phase, the grantee institution will 
conduct participant evaluations and submit to E/P a progress report. 
Upon conclusion of the program the grantee will be required to submit a 
report to E/P summarizing results of the entire program including 
project outcomes, anticipated follow-on activities, and any resulting 
institutional linkages.
    Program monitoring and oversight will be provided by appropriate 
USIA elements. Per Diem support from host institutions during an 
internship component is strongly encouraged. However, for all programs 
which include internships, a nonprofit grantee institution which 
receives funds from corporate or other cosponsors should then use those 
monies to provide food, lodging, and pocket money for the participants. 
In no case could the intern receive a wage or be hired by the 
sponsoring institution. Internships should also have an American 
studies/values orientation component at the beginning of the exchange 
program in the U.S. Grantee institutions should try to maximize cost-
sharing in all facets of their program design, and to stimulate U.S. 
private sector (foundation and corporate) support.
    USIS officers in participating countries will facilitate the 
issuance of visas and other program-related materials.

Funding

    Organizations with less than four years of successful experience in 
managing international exchange programs are limited to $60,000.
    Competition for USIA funding support is keen. The final selection 
of a grantee institution will depend on assessment of proposals 
according to the review criteria delineated below.
    While applicants must provide an all-inclusive budget with the 
proposal, they are also encouraged to include separate sub-budgets for 
each program component, phase, location or activity.
    The recipient's proposal shall include the cost of an audit that:
    (1) Complies with the requirements of OMB Circular No. A-133, 
Audits of Institutions of Higher Education and Other Nonprofit 
Institutions;
    (2) Complies with the requirements of American Institute of 
Certified Public Accountants (AICPA) Statement of Position (SOP) No. 
92-9; and
    (3) Includes review by the recipient's independent auditor of a 
recipient-prepared supplemental schedule of indirect cost rate 
computation, if such a rate is being proposed.
    The audit costs shall be identified separately for:
    (1) Preparation of basic financial statements and other accounting 
services; and
    (2) Preparation of the supplemental reports and schedules required 
by OMB Circular No. A-133, AICPA SOP 92-9, and the review of the 
supplemental schedule of indirect cost rate computation.
    USIA will consider funding the following project costs:
    1. International and domestic air fares; visas; transit costs 
(e.g., airport taxes); ground transportation costs.
    2. Per diem: For the U.S. program, organizations have the option of 
using a flat $140/day for international participants or the published 
Federal Travel Regulations per diem rates for individual American 
cities. NOTE: U.S. escorting staff must use the published federal per 
diem rates, not the flat rate. For activities overseas, the Standard 
Government Travel Regulations per diem rates must be used.
    3. Book and cultural allowance: Participants are entitled to a one-
time cultural allowance of $150 per person, plus a book allowance of 
$50. Escorts are reimbursed for actual cultural expenses up to $150. 
U.S. staff do not get these benefits.
    4. Consultants: May be used to provide specialized expertise or to 
make presentations. Honoraria generally do not exceed $250 per day. 
Subcontracting organizations may also be used, in which case the 
written contract(s) must be included in the proposal.
    5. Room rental: generally should not exceed $250 per day.
    6. Materials development: Proposals may contain costs to purchase, 
develop and translate materials for participants, in addition to the 
specialized support materials to be provided to African institutions. 
USIA reserves the rights to these materials for future use.
    7. One working meal per project: Per capita cost may not exceed $5-
8 per lunch and $14-20 per dinner, excluding room rental. The number of 
invited guests may not exceed the number of participants by more than a 
factor of two to one.
    8. Return travel allowance: $70 for each participant which is to be 
used for incidental expenditures incurred during international travel.
    9. Other costs necessary for the effective administration of the 
program, including salaries for grant organization employees, benefits, 
and other direct and indirect costs per detailed instructions in the 
application package.
    E/P encourages cost-sharing, which may be in the form of allowable 
direct or indirect costs. E/P would be especially interested in 
proposals which demonstrate a program vision which goes well beyond 
that which can be supported by the requested USIA grant and which would 
try to use a USIA grant to leverage additional funding from other 
sources to support elements of the broader program plan.
    The Recipient must maintain written records to support all 
allowable costs which are claimed as being its contribution to cost 
participation, as well as costs to be paid by the Federal government. 
Such records are subject to audit. The basis for determining the value 
of cash and in-kind contributions must be in accordance with OMB 
Circular A-110, Attachment E., ``Cost-sharing and Matching,'' and 
should be described in the proposal. In the event the Recipient does 
not meet the minimum amount of cost-sharing as stipulated in the 
Recipient's budget, the Agency's contribution will be reduced in 
proportion to the Recipient's contribution.
    Please note: All delegates will be covered under the terms of a 
USIA-sponsored health insurance policy. The premium is paid by USIA 
directly to the insurance company.

Application Requirements

    Proposals must be structured in accordance with the instructions 
contained in the Application Package. Confirmation letters from U.S. 
and foreign co-sponsors noting their intention to participate in the 
program will enhance a proposal.

Review Process

    USIA will acknowledge receipt of all proposals and will review them 
for technical eligibility. Proposals will be deemed ineligible if they 
do not fully adhere to the guidelines established herein and in the 
Application Package.
    Eligible proposals will be forwarded to panels of USIA officers for 
advisory review. All eligible proposals will be reviewed by the 
appropriate geographic area offices and the budget and contract 
offices. Proposals may also be reviewed by the Office of General 
Counsel or other Agency offices. Funding decisions are at the 
discretion of the Associate Director for Educational and Cultural 
Affairs.
    Final technical authority for grant awards resides with USIA's 
contracting officer. The award of any grant is subject to availability 
of funds.
    The U.S. Government reserves the right to reject any or all 
applications received. USIA will not pay for design and development 
costs associated with submitting a proposal. Applications are submitted 
at the risk of the applicant; should circumstances prevent award of a 
grant, all preparation and submission costs are at the applicant's 
expense. USIA will not award funds for activities conducted prior to 
the actual grant award.

Review Criteria

    USIA will consider proposals based on the following criteria:
    1. Quality of program idea: Proposals should exhibit originality, 
substance, rigor, and relevance to the Agency mission. They should 
demonstrate the matching of U.S. resources to a clearly defined need.
    2. Institutional reputation and ability: Applicant institutions 
should demonstrate their potential for excellence in program design and 
implementation and/or provide documentation of successful programs. If 
an applicant is a previous USIA grant recipient, responsible fiscal 
management and full compliance with all reporting requirements for past 
Agency grants as determined by USIA's Office of Contracts (M/KG) will 
be considered. Relevant substantive evaluations of previous projects 
may also be considered in this assessment.
    3. Project personnel: The thematic and logistical expertise of 
project personnel should be relevant to the proposed program. Resumes 
or C.V.s should be relevant to the specific proposal and no longer than 
two pages each.
    4. Program planning: A detailed agenda and relevant work plan 
should demonstrate substantive rigor and logistical capacity.
    5. Thematic expertise: Proposal should demonstrate the 
organization's expertise in the subject area which promises an 
effective sharing of information.
    6. Cross-cultural sensitivity and area expertise: Evidence should 
be provided of sensitivity to historical, linguistic, religious, and 
other cross-cultural factors, as well as relevant knowledge of the 
target geographic area/country.
    7. Ability to achieve program objectives: Objectives should be 
realistic and feasible. The proposal should clearly demonstrate how the 
grantee institution will meet program objectives.
    8. Multiplier effect: Proposed programs should strengthen long-term 
mutual understanding and contribute to maximum sharing of information 
and establishment of long-term institutional and individual ties.
    9. Cost-effectiveness: Costs to USIA per exchange participant 
(American and foreign) should be kept to a minimum, and all items 
proposed for USIA funding should be necessary and appropriate to 
achieve the program's objectives.
    10. Cost-sharing: Proposals should maximize cost-sharing through 
other private sector support as well as direct funding contributions 
and/or in-kind support from the prospective grantee institution and its 
partners.
    11. Follow-on activities: Proposals should provide a plan for 
continued exchange activity (without USIA support) which ensures that 
USIA-supported programs are not isolated events.
    12. Project evaluation: Proposals should include a plan to evaluate 
the activity's success. USIA recommends that the proposal include a 
draft survey questionnaire or other technique plus description of a 
methodology to use to link outcomes to original project objectives. 
Grantees will be expected to submit intermediate reports after each 
project component is concluded or quarterly, whichever is less 
frequent.

Notice

    The terms and conditions published in this RFP are binding and may 
not be modified by any USIA representative. Explanatory information 
provided by the Agency which contradicts published language will not be 
binding. Issuance of the RFP does not constitute an award commitment on 
the part of the U.S. Government. Awards cannot be made until funds have 
been fully appropriated by Congress and allocated and committed through 
internal USIA procedures.

Notification

    All applicants will be notified of the results of the review 
process on or about September 5, 1994. Awarded grants will be subject 
to periodic reporting and evaluation requirements.

    Dated: April 22, 1994.
Barry Fulton,
Associate Director, Bureau of Educational and Cultural Affairs.
[FR Doc. 94-10587 Filed 5-2-94; 8:45 am]
BILLING CODE 8230-01-M