[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Notices]
[Pages 9803-9806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5304]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Civil Rights Division


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

[[Page 9804]]

Employment practices, Civil Rights Division, U.S. Department of 
Justice.

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

-----------------------------------------------------------------------

SUMMARY: The Office of Special Counsel for Immigration Related Unfair 
Employment Practices (OSC) announces the availability of funds for 
grants to conduct public education programs about the rights afforded 
potential victims of employment discrimination and the responsibilities 
of employers under the antidiscrimination provisions 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 provisions 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.

APPLICATION DUE DATE: May 5, 1997.

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, 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 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), Public Law 99-603, 8 
U.S.C. 1324b, et seq., 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 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, and prohibits employers from 
engaging in document abuse in the employment eligibility verification 
process.
    Citizens and certain classes of work authorized individuals are 
protected from citizenship status discrimination. Protected non-
citizens include permanent residents, temporary residents under the 
1986 amnesty, the Special Agricultural Workers (SAWs) or the 
Replenishment Agricultural Workers (RAWs) programs, and 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 only 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 pursuant to Title VII of the 
Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.
    In addition, under the document abuse provision of the law, 
employers must accept all forms of work authorization and proof of 
identity allowed by the Immigration and Naturalization Service (INS) 
for completion of the Employment Eligibility Verification (I-9) Form. 
Employers may not prefer or require one form of documentation over 
another for hiring purposes. Requiring more or specific documents to 
prove identity and work authorization may constitute document abuse.
    On October 1, 1996, Congress passed the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (IIRIRA). IIRIRA will expand 
the existing electronic employment eligibility pilot programs being 
carried out by the INS, and will reduce the number of documents that 
employers can accept to verify an individual's work eligibility. These 
changes are expected to take place October 1, 1997.
    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 provisions 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 these materials to educate further both potential victims 
and employers. 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

[[Page 9805]]

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, DC 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 reach credibly and effectively 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.
    Some grantees who are implementing citizenship campaigns, have, in 
the past, combined those efforts and resources with the INA 
antidiscrimination education campaigns in order to maximize the scope 
and breadth of the project and to reach a larger number of individuals 
in the targeted population. If an applicant proposes to combine these 
efforts, please discuss how the programs will interact and how the 
budgets will be administered.
    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 distribution of 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 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 reach effectively 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)


[[Page 9806]]


    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.

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. All things being equal, a 
campaign designed to reach a very large number of employers (or 
potential victims) in the state of Texas might score higher than 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, or to obligate all or any part of available 
funds. The period of performance will be twelve months from the date of 
the grant award, in most cases beginning October 1, 1997.

Application Deadline

    All applications must be received by 6:00 p.m. EDT, May 5, 1997, at 
the 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. 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. A Standard Form LLL (Disclosure Form to Report Lobbying).
    4. An abstract of the full proposal, not to exceed one page.
    5. 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.
    6. 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 cognizant 
Federal 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, DC at the beginning of the grant period (late 
Autumn).

    7. OJP Form 7120/1 (Accounting System and Financial Capability 
Questionnaire).
    8. Copies of resumes for the professional staff proposed in the 
budget.
    9. 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: February 27, 1997.
James S. Angus,
Acting Special Counsel, Office of Special Counsel for Immigration, 
Related Unfair Employment Practices.
[FR Doc. 97-5304 Filed 3-3-97; 8:45 am]
BILLING CODE 4410-01-M