[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6037-6039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2132]


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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, 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, non-profit groups providing services and assistance to 
potential victims of discrimination.

DATES: Application Due Date: March 21, 2005.

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).

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:
    <bullet> Legal Permanent Residents;
    <bullet> Refugees;
    <bullet> Asylees; and
    <bullet> 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. Applicants must demonstrate the ability to use 
diverse forms of mass and electronic media to educate employers and/or 
employees [in both the public and private 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

[[Page 6038]]

materials or propose to 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, including, for example, 
the use of creative media public service announcements for local 
communities, non-profits 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'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. 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, 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 Special Counsel for Immigration Related Unfair Employment 
Practices. A panel comprised 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, 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 the Special Counsel'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 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

[[Page 6039]]

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 employers and 
employees organizations, faith based groups, non-profit and 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 under served. When developing their 
proposals and budgets and conducting their programs and activities 
grantee should consider the need for language services for limited 
English proficient (LEP) persons served or encountered. The Department 
of Justice has determined that costs associated with providing 
meaningful access for LEP individuals are considered 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 
service or community-based organizations, faith-based organizations 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.
    Application Deadline: All applications must be postmarked by March 
21, 2005. If using regular first classmail, 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 
Antidiscrimination provision of the Immigration and Nationality 
Act'' (box <greek-i>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: January 31, 2005.
William J. Sanchez,
Special Counsel for Immigration Related Unfair Employment Practices.
[FR Doc. 05-2132 Filed 2-3-05; 8:45 am]
BILLING CODE 4410-15-P