[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Pages 16120-16122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8110]


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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 
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 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 
$40,000 to $100,000.
    OSC will accept proposals from applicants who have access to 
potential victims of discrimination or whose experience qualifies them 
to educate workers, employers and the general public about the 
antidiscrimination provisions of the INA. OSC welcomes proposals from 
diverse nonprofit organizations such as local, regional or national 
ethnic and immigrants' rights advocacy organizations, labor 
organizations, trade associations, industry groups, professional 
organizations, or other nonprofit entities, including state and local 
government agencies, providing information services to potential 
victims of discrimination and/or employers.
    Application Due Date: May 20, 2002.

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). OSC's e-mail address is: 
[email protected].

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 cost-effective public education programs concerning 
the antidiscrimination provisions of INA. Funds will be awarded to 
selected applicants who propose cost-effective ways of educating 
employers, workers covered by this statute, and/or the general public.

Background

    The Immigration and Nationality Act protects work-authorized 
individuals from employment discrimination based on their citizenship 
status and/or national origin. Federal law also makes knowingly hiring 
unauthorized workers 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.
    Employers of four or more employees are prohibited 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.
    U.S. citizens and certain classes of work authorized individuals 
are protected from citizenship status discrimination. Protected non-
citizens include:
     Temporary Residents;
     Legal Permanent Residents;
     Refugees;
     Asylees.
    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.
    OSC is responsible for receiving and investigating discrimination 
charges and, when appropriate, filing complaints with specially 
designated administrative law judges. OSC also initiates independent 
investigations of possible immigration related job discrimination.
    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 of 
the INA. 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 workers and employers about their rights 
and 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 main focus of the 
program should be on the actual delivery of these materials to educate 
further both potential victims and employers. 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. OSC will, of 
course, consider any proposal that articulates and substantiates other 
creative means of reaching these populations.

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 up to two program 
staff members to attend the mandatory OSC grantee training (2 days) 
held in Washington, DC at the beginning

[[Page 16121]]

of the grant period (late autumn). Proposals should outline the 
following key elements of the program:

Part I: Intended Audience(s)

    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 (3) employers, especially small businesses. The 
proposals should define the characteristics of the work authorized 
population or the employer group(s) intended to be the focus of the 
educational campaign, and the applicant's qualifications to reach 
credibly and effectively large segments of the intended audience(s).
    The proposals should also detail the reasons for focusing on each 
group of protected individuals or employers by describing particular 
needs or other factors to support the selection. In defining the 
campaign focuses and supporting the reasons for the selection, 
applicants may use census data, 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 intended 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.
    Grants are an important component of OSC partnerships to better 
serve the public, employers and potential discrimination victims. 
Grantees should plan to include OSC attorneys and other professional 
staff in public outreach programs in order to more successfully reach 
their audiences and prevent discrimination before it occurs or combat 
it where it exists.
    Some grantees who are conducting 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. 
Applicants proposing to combine these efforts should 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, applicants should include in their budget 
proposals 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 prior to production to ensure 
legal accuracy and proper emphasis. Proposed revisions/translations 
of OSC-approved materials must also be submitted for clearance. All 
information distributed should also identify OSC as a source of 
assistance, information and action, and include the correct address 
and telephone numbers of OSC, (including the toll-free numbers, TDD 
numbers) and OSC e-mail and Internet addresses.

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 critical 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. Interim evaluation/activity reports are due at least 
quarterly, or more frequently as needed throughout the grant year.

Selection Criteria

    The final selection of grantees for award will be made by the 
Special Counsel for Immigration Related Unfair Employment Practices.
    A panel made up of OSC staff will review and rate the applications 
and make recommendations to the Special Counsel regarding funding. The 
panel's results are advisory in nature and not binding on the Special 
Counsel. Letters of support, endorsement, or recommendation are not 
part of the grant application process and will not be considered.
    In determining which application 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 intended 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. (10 points)
    b. Selection and definition of the intended audience(s) for the 
campaign, and the factors that support the selection, including special 
needs, and the applicant's qualifications to reach effectively the 
intended audience(s). (15 points)
    c. A cost-effective campaign strategy for educating employers and/
or members of the protected class, with a justification for the choice 
of strategy, including the degree to which the campaign has prevented 
immigration related unfair employment practices and has reached 
individuals with such claims. (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 define the intended audience, reach it and implement the 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. (10 
points)

    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.

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)

[[Page 16122]]

    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, 
including labor organizations, employer groups and state and local 
government agencies.

Grant Period and Award Amount

    It is anticipated that several grants will be awarded and will 
range in size from $40,000 to $100,000.
    Publications 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, 2002.

Application Deadline

    All applications must be received by 6 PM EDT, May 20, 2002. If 
using regular first-class mail, send to: U.S.Department of Justice, 
Civil Rights Division, Office of Special Counsel for Immigration 
Related Unfair Employment Practices, 950 Pennsylvania Avenue NW., 
Washington, DC 20530. If using messengers, overnight or priority mail, 
send to: Office of Special Counsel for Immigration Related Unfair 
Employment Practices, U.S. Department of Justice, 1425 New York Ave., 
NW., Suite 9000, Washington, DC 20005. Applications may not be 
submitted via facsimile machine.

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).

    Note: The Catalogue of Federal Domestic Assistance number is 
16.110 and the title is, Education & Enforcement of the 
Antidiscrimination Provisions of the Immigration and Nationality 
Act, (box #10 of the SF 424).

    2. OJP Form 4061/6 (Certification Regarding Lobbying; Debarment, 
Suspension and Other Responsibility Matters; and Drug-Free Workplace 
Requirements).
    3. Disclosure Form to Report Lobbying (SF LLL).
    4. OJP Form 4000/3 (Assurances).
    5. An abstract of the full proposal, not to exceed one page.
    6. A program narrative of not more than fifteen (15) double-spaced 
typed pages that includes the following:
    a. A clear statement describing the approach and strategy to be 
used 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 and the extent of OSC participation in 
grantee outreach events;
    c. The proposed staffing plan. Note: If 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, hiring is 
subject to review and approval by OSC at that time; and
    d. Description of how the project will be evaluated.
    7. A proposed budget outlining all direct and indirect costs for 
personnel, fringe benefits, travel, equipment, supplies, 
subcontractors, 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 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).

    8. Copies of resumes of the professional staff proposed in budget.
    Application forms may be obtained by writing or telephoning: U.S. 
Department of Justice, Civil Rights Division, Office of Special Counsel 
for Immigration Related Unfair Employment Practices, 950 Pennsylvania 
Avenue NW., Washington, DC 20530. Tel. (202) 616-5594, or (202) 616-
5525 (TDD for the hearing impaired). This announcement and the required 
forms will also appear on the World Wide Web at www.usdoj.gov/crt/osc/ 
In order to facilitate handling, please do not use covers, binders or 
tabs.

    Dated: March 28, 2002.
Juan Carlos Benitez,
Special Counsel for Immigration, Related Unfair Employment Practices.
[FR Doc. 02-8110 Filed 4-3-02; 8:45 am]
BILLING CODE 4410-13-M