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Catalog of Federal Domestic Assistance

Program Descriptions

CATALOG OF FEDERAL DOMESTIC ASSISTANCE

16.110: Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act

Objectives: To educate employers and workers about their rights and responsibilities under the Immigration and Nationality Act in order to prevent employment discrimination based on citizenship status or national origin.

PROGRAM AND AWARD FINANCIAL AND INFORMATION CONTACTS

ELIGIBILITY REQUIREMENTS FINANCIAL AND ADMINISTRATIVE INFO.

APPLICATION AND AWARD PROCESS INFORMATION CONTACTS

RELATED PROGRAMS ASSISTANCE CONSIDERATIONS

PROGRAM ACCOMPLISHMENTS POST ASSISTANCE REQUIREMENTS

16.110 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility: Private, nonprofit institutions/ organizations, state and local government entities, local, regional or national ethnic and immigrants' rights organizations, trade associations, industry groups, professional organizations or other nonprofit entities providing information and/or services to potential victims of discrimination and/or employers.

Beneficiary Eligibility: Small businesses, agricultural producers, immigrant assistance groups — the largest communities of which are Latino and Asian Pacific American, contractors, industries, workers and employers.

Credentials/Documentation: Not applicable.

16.110 APPLICATION AND AWARD PROCESS:

Preapplication Coordination: None. This program is excluded from coverage under E.O. 12372.

Application Procedure: In addition to a narrative outlining the proposed project and strategies, the applicant must submit the following forms: Application for Federal Assistance (SF 424); Budget Information (SF 424A); Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements (DOJ/OJP Form 4061/6); Disclosure Form to Report Lobbying (SF LLL); and the Accounting System and Financial Capability Questionnaire (DOJ/OJP Form 7120/1).

Award Procedure: Federal officials will review and rate grant applications according to standards published in the Federal Register announcement of availability of funds. Final award decisions are made by the Special Counsel for Immigration Related Unfair Employment Practices.

Deadlines: Contact the Office of Special Counsel listed below.

Range of Approval/Disapproval Time: Four to five months.

Appeals: None.

Renewals: Not applicable.

Criteria for Selecting Proposals: In addition to the standards published in the Federal Register (see Award Procedure) geographic location and demonstrated ability to reach potential victims of discrimination and/or employers are considered.

Examples of Funded Projects: Asian Pacific American Legal Center of Southern California; Catholic Charities of Dallas; Catholic Charities, Diocese of Galveston-Houston; Coalition for Humane Immigrant Rights of Los Angeles; Erie Neighborhood House (Chicago); Greater Miami Chamber of Commerce; Korean American Coaltion; Massachusetts Immigrant & Refugee Advocacy Coalition; National Immigration Law Center; Nebraska Appleseed Center for Law in the Public Interest; North Carolina Justice and Community Development Center; Union of Needletrades Industrial and Textile Employees; and Victim Services of New York.

Range and Average of Financial Assistance: $50,000 to $150,000.

16.110 RELATED PROGRAMS:

None.

16.110 PROGRAM ACCOMPLISHMENTS:

In fiscal year 1999, OSC continued to protect the rights of workers and inform employers about their responsibilities under the Immigration and Nationality Act (INA), both through its enforcement and public education activities. Unfair Employment Practices: In fiscal year 1999, OSC increased its number of settlements (71 percent over fiscal year 1998), back pay obtained (290 percent over fiscal year 1998) and civil penalties awarded (358 percent over fiscal year 1998). OSC has continued to collaborate with other federal agencies such as the Equal Employment Opportunity Commission, the Immigration and Naturalization Service, Social Security Administration and the Department of Labor on policy matters concerning immigrant rights, such as monitoring of detention standards for aliens and electronic verification of employment eligibility. In addition to charge referral through its Memorandum of Understanding (MOU) program with the EEOC and the Department of Labor's Office of Federal Contract Compliance (OFCCP), OSC has reinvigorated 41 existing MOUs with state and local human rights agencies throughout the country and signed two new MOUs with the cities of Chicago and Seattle. These MOUs are referral agreements aimed primarily at increasing OSC's presence around the nation and stretching enforcement dollars by educating state and local government fair employment agencies who can then assist in providing local training and refer charges to OSC. Public Outreach: In fiscal year 1999, OSC expanded the reach of its grants program through consolidation of existing grantees' budgets and initiation of projects in previously underserved regions to cover the changing demographics. OSC funded 13 nonprofit organizations throughout the country with grants to conduct public outreach to workers, employers and the general public about their rights and responsibilities under the antidiscrimination provisions of the INA. OSC staff attorneys and grantees made more than 1,000 educational presentations at employer and community conferences, workshops and events across the country. In fiscal year 1999, increased prevention work, presence in non-traditional heavily populated immigrant worker communities (including Nebraska, Massachusetts, Iowa and Arkansas), and presence on the World Wide Web have resulted in an increase in outreach requests, surpassing figures from prior years. In addition to the focus on new regions, the launching of new print, television and radio public service announcements, and new targeted outreach campaigns to more than 500 Hispanic and Asian Pacific American community-based organizations nationwide, have increased and will continue to increase demand for discrimination prevention outreach.

16.110 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency: OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION RELATED UNFAIR EMPLOYMENT PRACTICES, CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE

Type of Assistance: Project Grants; Provision of Specialized Services; Investigation of Complaints.

Obligations: (Grants) FY 99 $752,445; FY 00 est $752,445; and FY 01 est $752,445. (Salaries and Expenses) FY 99 $4,718,555; FY 00 est $5,274,555; FY 01 est $6,153,555.

Budget Account Number: 15-0128-0-1-752.

Authorization: Immigration and Nationality Act, 8 U.S.C. 1324(b).

Regulations, Guidelines, and Literature: 8 U.S.C. 1324(b).

16.110 INFO CONTACTS:

Regional or Local Office: None.

Headquarters Office: Outreach Coordinator, Office of Special Counsel, Civil Rights Division, Department of Justice, P.O. Box 27728, Washington, DC 20038-7728. Phone: (voice) (202) 616-5594, (TDD) (202) 616-5525; toll-free: (voice) 1-800-255-7688, (TDD) 1-800-237-2515. Website address: www.usdoj.gov/crt/osc/index.html.

(See Appendix IV for more contact info.)

16.110 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements: This program has no statutory formula.

Length and Time Phasing of Assistance: Twelve months. Funds are released quarterly.

Uses and Use Restrictions: The antidiscrimination provisions of the INA prohibit employment discrimination on the basis of national origin and citizenship status against U.S. citizens and other legally authorized workers. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) was established to ensure that these are not discriminated against with respect to hiring, firing or recruiting or referral for a fee based on their citizenship status or national origin. INA's prohibition against citizenship status discrimination covers: (1) U.S. citizens and nationals; (2) legal permanent residents; (3) temporary residents under IRCA's legalization program, Special Agricultural Worker program (SAW) or Replenishment Agricultural Worker program (RAW); (4) refugees; and, (5) asylees. INA also makes it illegal for employers with four to 14 employees to discriminate, with respect to hiring, firing, recruitment or referral for a fee, against any individual on the basis of his or her national origin. Employers with 15 or more employees are covered under Title VII of the Civil Rights Act of 1964. Please note that for national origin charges, OSC has jurisdiction over employers with between four and 14 employees. National origin charges against an employer with 15 or more employees come under the jurisdiction of the Equal Employment Opportunity Commission (EEOC), which enforces Title VII of the Civil Rights Act of 1964. There may be exceptions to this general rule, so charges incorrectly filed with OSC are automatically referred to the EEOC and vice versa. All charges of citizenship status discrimination against employers with four or more employees should be filed with OSC. In addition, under the document abuse provisions 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. In addition, employers may not with discriminating intent, require more or different documents than authorized I-9 Form documents that on their face appear to be genuine. The goal of the grant program is to educate workers and employers about the antidiscrimination provisions outlined above in order to reduce the incidents of employment discrimination through nonprofit, private groups and state and local governments and (if applicable) their sub-grantees.

16.110 POST ASSISTANCE REQUIREMENTS:

Reports: Quarterly Financial and Categorical Assistance Project Reports are required.

Audits: Annual audits as required by OMB Circular No. A-133.

Records: Any documents related to the items of expenses under the grant.