[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Notices]
[Pages 13584-13586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6463]


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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, 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 funds for 
grants to conduct public education programs about the rights afforded 
potential victims of employment discrimination and the responsibilities 
of employers under the anti-discrimination 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 unfair employment discrimination. Grants may range in size from 
$35,000 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 anti-
discrimination provision of the INA. OSC welcomes proposals from 
diverse nonprofit organizations providing information services to 
potential victims of discrimination and/or employers, 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.

DATES: Application Due Date: May 7, 2004.

FOR FURTHER INFORMATION CONTACT: Lilia Irizarry, Acting Public Affairs 
Specialist, Office of Special Counsel for Immigration Related Unfair 
Employment Practices, 950 Pennsylvania Ave., Washington, DC 20530. 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 anti-discrimination provision of the INA. Funds will be awarded to 
selected applicants who propose cost-effective ways of educating 
employers, workers covered by this statute, community service 
providers, 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 employment eligibility 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 
with respect to hiring, firing, recruitment or referral for a fee. They 
are also prohibited from committing ``document abuse'' on the basis of 
national origin or citizenship status 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:
     Legal Permanent Residents;
     Refugees;
     Asylees; and
     Temporary Residents.
    Citizens and all work authorized individuals are protected from 
discrimination on the basis of national origin. However, under the INA 
the prohibition against national origin discrimination applies only to 
employers with four to fourteen employees. National origin 
discrimination complaints against employers with fifteen or more 
employees fall 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 cannot request more or different documents than are required 
for completion of the Employment Eligibility Verification (I-9) Form, 
prefer or require one form of documentation over another, or refuse 
documents that appear reasonably genuine on their face, if made for the 
purpose or with the intent of discriminating against an individual on 
the basis of national origin or citizenship status.
    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 
have shown that there is an extensive lack of knowledge on the part of 
protected individuals and employers about the anti-discrimination 
provision 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 anti-discrimination 
provision of the 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 anti-discrimination provision. 
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

[[Page 13585]]

responsibilities under INA's anti-discrimination provision. 
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) 
that will be held in Washington, DC, at the end of September. 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 and 
industries that employ large numbers of work authorized non-U.S. 
citizens. 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 origin 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 anti-
discrimination 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 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. 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 Counsel for Immigration Related Unfair 
Employment Practices. In the event that Office is vacant, the final 
selection will be made by the Assistant Attorney General for Civil 
Rights.
    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. Letters of 
support, endorsement, or recommendation are not part of the grant 
application process and will not be considered.
    In determining which applications to recommend, OSC staff 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. 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. (10 points)
    c. 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). (10 points)
    d. 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. (10 points)
    e. 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

[[Page 13586]]

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 in the proposed staffing plan 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, 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 may range in size from $35,000 to $100,000.
    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, 2004.
    Application Deadline: All applications must be received by 6 p.m. 
e.d.t., May 7, 2004. 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--which OSC encourages due to delays in the delivery of 
regular 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 Anti-
discrimination provision 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 clearly and specifically demonstrates how the 
applicant meets each of the four (4) elements set forth as Selection 
Criteria, above.
    7. 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 not more than two program staff members to 
attend the mandatory OSC grantee training (2 days) that will be held 
in Washington, DC, at the end of September.

    8. Copies of resumes of the professional staff proposed in the 
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: http://www.usdoj.gov/crt/osc. In order to facilitate handling, please do not use covers, 
binders or tabs.

    Dated: March 18, 2004.
Katherine A. Baldwin,
Deputy Special Counsel for Immigration--Related Unfair Employment 
Practices.
[FR Doc. 04-6463 Filed 3-22-04; 8:45 am]
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