[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Pages 9595-9598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1736]


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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 address immigration related unfair employment 
discrimination. Grants may range in size from $35,000 to $100,000. 
Applicants must demonstrate the ability to educate workers, employers 
and/or the general public about the anti-discrimination provision of 
the INA. OSC welcomes proposals from diverse public service groups, 
organizations or associations providing information services to 
employers and/or potential victims of discrimination, and faith-based 
organizations and nonprofit groups providing services and assistance to 
potential victims of discrimination.

DATES: Application Due Date: April 7, 2006.

FOR FURTHER INFORMATION CONTACT: Katherine A. Baldwin, Deputy Special 
Counsel, 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).

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

[[Page 9596]]

anti-discrimination provision of the INA. Applicants must demonstrate 
the ability to use diverse forms of mass and electronic media to 
educate employers and/or employees in both the private and business 
sectors, as well as agencies providing services to potential victims 
concerning the anti-discrimination provision of the INA. OSC seeks 
proposals that will use existing materials or may develop additional 
materials to effectively educate employees and/or employers about 
exercising their rights or fulfilling their obligations under the anti-
discrimination provision. OSC will consider any proposal that 
articulates and substantiates other creative means of reaching these 
populations. One example is the use of creative media public service 
announcements for local communities, non-profit organizations and 
business groups.
    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'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. 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 and protected non-citizens; (2) citizens at the risk of 
becoming victims of employment discrimination; and/or (3) employers, 
especially those in both large and small businesses and industries that 
employ large numbers of individuals in categories (1) and (2). 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. It must also identify the applicant's 
qualifications to reach credibly and effectively large segments of the 
intended audience(s). The proposals should 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. 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.
    Budget proposals should include 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 
and TDD numbers), and OSC e-mail and Internet addresses.

Part III: Evaluation of the Strategy

    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 quarterly.
    Selection Criteria: The selection of grantees for award will be 
made by the Office of Special Counsel for Immigration Related Unfair 
Employment Practices. A panel comprised of OSC staff will review and 
rate the applications and make recommendations 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, based on a one hundred point 
scale will consider the following:
    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. Demonstration of a clear understanding of the requirements of 
the anti-discrimination provision of the Immigration and Nationality 
Act and OSC's outreach goals. (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. (10 points)
    e. How the applicant proposes to measure the effectiveness and 
success of the education campaign. (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 in 
the public outreach program. (10 points)
    b. Evidence that the applicant can implement the campaign. (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

[[Page 9597]]

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. Service to Underserved Communities (20 points). OSC has 
determined a need to reach out to groups and communities previously 
underserved, or not served at all, by this grant program or by 
comparable service providers. This includes identifying employer and 
employee organizations, faith-based groups, non-profit groups, public 
service groups or other communities not previously served. It also 
includes identifying employers and employer organizations with whom the 
program has not previously interacted. This need is particularly 
relevant in light of recent world events which have raised the 
possibility of immigration-status discrimination for groups that may 
not have previously been subject to such conduct. Applicants should 
identify groups or communities served by their proposed program, which 
may be categorized as previously underserved. Applicants should 
consider the need for language services for limited English proficient 
(LEP) persons served or encountered when developing their proposals, 
including the proposed budget, and while conducting their programs and 
activities. The Department of Justice has determined that costs 
associated with providing meaningful access for LEP individuals are 
considered an allowable program cost.
    Eligible Applicants: This grant competition is open to all 
applicants including labor and immigrant organizations, small and large 
businesses and associations, employer groups and associations, public 
services or community-based organizations, faith-based organizations, 
and state and local government agencies.
    Faith-Based and Community Organizations. Consistent with President 
George W. Bush's Executive Order 13279, dated December 12, 2002, and 28 
CFR Part 38, it is OSC policy that faith-based and community 
organizations that statutorily qualify as eligible applicants under OSC 
s program are invited and encouraged to apply for assistance awards to 
fund eligible grant activities. Faith-based and community organizations 
will be considered for awards on the same basis as any other eligible 
applicants and, if they receive assistance awards, will be treated on 
an equal basis with all other grantees in the administration of such 
awards. No eligible applicant or grantee will be discriminated for or 
against on the basis of its religious character or affiliation, 
religious name, or the religious composition of its board of directors 
or persons working in the organization. Faith-based organizations 
receiving grant awards retain their independence and do not lose or 
have to modify their religious identity (e.g., removing religious 
symbols) to receive awards. OSC grant funds, however, may not be used 
to fund any inherently religious activity, such as prayer or worship. 
Inherently religious activity is permissible, although it cannot occur 
during an activity funded with OSC grant funds; rather, such religious 
activity must be separate in time or place from the OSC funded program. 
Further, participation in such activity by individuals receiving 
services must be voluntary. Programs funded by OSC are not permitted to 
discriminate in the provision of services on the basis of a 
beneficiary's religion.
    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.
    Application Deadline: All applications must be postmarked by April 
7, 2006. 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. In order to improve the statistical reporting of federal grants, 
the Office of Management and Budget has directed federal agencies to 
require all applicants to provide a Dun and Bradstreet Data Universal 
Numbering System (DUNS) number when applying for Federal grants or 
cooperative agreements. All grantees, contractors and potential 
applicants are encouraged to obtain a DUNS number and to assure that an 
accurate DUNS number is included in their application or proposal. If 
your organization does not have a DUNS number, you should take steps to 
obtain a DUNS number in advance of the application deadline. 
Organizations may receive a DUNS number at no cost by calling the 
dedicated toll-free DUNS Number request line at 1-866-705-5711 or by 
visiting the D&B Small Business Web site at http://smallbusiness.dnb.com/default.asp.
    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 Catalog of Federal Domestic Assistance number is 
16.110 and the title is Education & Enforcement of the 
Antidiscrimination 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 (Standard 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, 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

[[Page 9598]]

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 by the end of September 2006.


    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: February 16, 2006.
Katherine A. Baldwin,
Deputy Special Counsel for Immigration-Related Unfair Employment 
Practices.
[FR Doc. 06-1736 Filed 2-23-06; 8:45 am]
BILLING CODE 7020-02-P