[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Pages 13172-13175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5960]



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DEPARTMENT OF JUSTICE
Office of Special Counsel for Immigration Related Unfair Employment 
Practices


Immigration Related Employment Discrimination Public Education 
Grants

AGENCY: Office of Special Counsel for Immigration Related Unfair 
Employment Practices, Civil Rights Division, 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 $1.5 
million 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 and Nationality Act (INA), 8 U.S.C. 1324b.
    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 $150,000.
    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 provision of INA. OSC 
welcomes proposals from diverse nonprofit organizations such as local, 
regional or national ethnic and immigrants' rights advocacy 
organizations, trade associations, industry groups, professional 
organizations, or other nonprofit entities providing information 
services to potential victims of discrimination and/or employers. 
Applications will not be accepted from individuals or public entities, 
including state and local government agencies, and public educational 
institutions.

APPLICATION DUE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT: Patita McEvoy, Public Affairs 
Specialist, Office of Special Counsel for Immigration Related Unfair 
Employment Practices, 1425 New York Ave., NW., Suite 9000, PO 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 Civil Rights 
Division of the Department of Justice announces the availability of 
funds to conduct public education programs concerning the 
antidiscrimination provisions of INA. 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 (IRCA), Pub. L. No. 99-603, 
which amended the INA. Additional provisions were signed into law by 
President Bush in the Immigration Act (IMMACT 90) on November 29, 1990. 
IRCA and subsequently, IMMACT 90, makes hiring aliens without work 
authorization unlawful, and 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 on IRCA, Congress foresaw the possibility that 
employers, fearful of sanctions, would refuse employment to individuals 
simply [[Page 13173]] 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 INA. 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 INA'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 flowing 
key elements of the program:

Part I: Targeted Population

    The educational efforts under the grant should directed to (1) work 
authorized non-citizens who are protected individuals, since this 
groups 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.
    Proposals will be submitted to a peer review panel. OSC anticipates 
seeking assistance from sources with specialized knowledge in the areas 
of employment and immigration law, as well as in evaluating proposals, 
including the agencies that are members of the Antidiscrimination 
Outreach Task Force: the Department of Labor, the [[Page 13174]] Equal 
Employment Opportunity Commission, the Small Business Administration, 
and the Immigration and Naturalization Service. Each panelist will 
evaluate proposals for effectiveness and efficiency with emphasis on 
the various factors enumerated below. The panel's results are advisory 
in nature and not binding on the Special Counsel. Letters of support, 
endorsement, or recommendation will not be accepted or considered.
    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 provides.

    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 subcontractors 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)
    Applictions 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: If the grant project manager or other member of the 
professional staff is to be hired later as part of the grant, or 
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 that serve potential victims of discrimination and/or 
employers. Applications will not be accepted from individuals or 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 $150,000.
    During evaluation, the panel 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 6:00 p.m. 
EDT, April 24, 1995 at the Office of Special Counsel for Immigration 
Related Unfair Employment Practices, 1425 New York Ave. NW., Suite 
9000, PO. 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 complete 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: if the grant project manager 
or other professional staff member is to be hired later as part of the 
grant, or 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.
    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 [[Page 13175]] 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 6, 1995.

    Approved:
William Ho-Gonzalez,
Special Counsel, Office of Special Counsel for Immigration Related 
Unfair Employment Practices.
[FR Doc. 95-5960 Filed 3-9-95; 8:45 am]
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