Nondiscrimination in USDA Conducted Programs and Activities

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Parts 15 and 15d

RIN 0503-AA15

Nondiscrimination in USDA Conducted Programs and Activities

AGENCY: Office of the Secretary, Department of Agriculture.

ACTION: Final rule.

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SUMMARY: The United States Department of Agriculture (USDA or the

Department) is revising its regulations governing nondiscrimination in

programs and activities conducted by the Department. On November 10,

1998, the Department published a proposal to do so in the Federal

Register (63 FR 62962). The revision: Removes the current regulation on

this subject found at 7 CFR part 15, subpart B, and places it in a new

part 15d; clarifies that the regulation applies to all Department-

conducted programs and activities, not just to direct assistance

programs; adds familial status, marital status, sexual orientation, and

public assistance status to the protected classes contained in the

regulation; adds a provision on retaliation; adds a provision on

Department agencies' compliance efforts; reflects that the Director of

the Office of Civil Rights has been delegated the authority to make

final determinations as to whether prohibited discrimination occurred

and the corrective action required to resolve program complaints;

removes the appendix to the regulation that lists the Department

programs subject to these provisions; and makes other clarifications to

the regulation.

DATES: Effective: November 30, 1999.

FOR FURTHER INFORMATION CONTACT: Delores H. Ruffin, Office of Civil

Rights, (202) 720-5212; or Ron Walkow, Attorney-Advisor, Office of the

General Counsel, (202) 720-6056. If a copy of this final rule in an

alternate format, e.g., braille, is necessary, contact (202) 720-0353

(voice or TDD).

SUPPLEMENTARY INFORMATION: Subpart B currently contains the

Department's civil rights regulations for programs and activities

conducted by the Department. As noted in the Department's proposed

rule, the rule is in need of revision. The Department's proposal to

revise the rule was published November 10, 1998, and a 30-day comment

period followed. The Department now is prepared to amend the rule as

provided with one modification discussed below.

The only comment the Department received was from a USDA employee

group that applauded the Department's intention to add sexual

orientation as a protected class in the Department's non-discrimination

policy in its conduct programs and activities.

Apart from any comments received, the Department has decided on its

own to make one minor modification to the rule. As discussed in the

preliminary material to the proposed rule, the Department seeks to

prohibit discrimination against individuals in any USDA credit program

because all or part of their income is derived from any public

assistance program since this prohibition is contained in the Equal

Credit Opportunity Act, 15 U.S.C. 1691(a)(3), (63 FR 62963). However,

the Department merely added the term ``public assistance status'' to

the proposed rule rather than using the full phrase and referencing the

applicability to credit programs. In retrospect, this shorthand phrase

is somewhat confusing; therefore, the Department will use the full

phrase in the final rule.

This final rule has been determined to be ``non-significant'' for

purposes of Executive Order 12866, and therefore has not been reviewed

by the Office of Management and Budget. USDA certifies that this final

rule would not have a significant economic impact on a substantial

number of small entities under the Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.). USDA also certifies that this final rule would

not impose any reporting or recordkeeping requirements under the

Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

List of Subjects in 7 CFR Parts 15 and 15d

Nondiscrimination.

Accordingly, the Department of Agriculture hereby amends Title 7 of

the Code of Federal Regulations, Subtitle A, as follows:

PART 15--[AMENDED]

1. The authority citation for Part 15 continues to read as follows:

Authority: 5 U.S.C. 301; 29 U.S.C. 794.

Secs. 15.50-15.52 (Subpart B) and the Appendix to Subpart B [Removed]

2. Part 15, subpart B (Secs. 15.50-15.52) and the appendix to

Subpart B is removed; and

3. A new part 15d is added as follows:

PART 15d--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES CONDUCTED BY

THE UNITED STATES DEPARTMENT OF AGRICULTURE

Sec.

15d.1 Purpose.

15d.2 Discrimination prohibited.

15d.3 Compliance.

15d.1 Complaints.

Authority: 5 U.S.C. 301.

Sec. 15d.1 Purpose.

The purpose of this part is to set forth the nondiscrimination

policy of the United States Department of Agriculture in programs or

activities conducted by the Department, including such programs and

activities in which the Department or any agency thereof makes

available any benefit directly to persons under such programs and

activities.

Sec. 15d.2 Discrimination prohibited.

(a) No agency, officer, or employee of the United States Department

of Agriculture shall, on the ground of race, color, religion, sex, age,

national origin, marital status, familial status, sexual orientation,

or disability, or because all of part of an individual's income is

derived from any public assistance program, exclude from participation

in, deny the benefits of, or subject to discrimination any person in

the United States under any program or activity conducted by the United

States Department of Agriculture.

(b) No person shall be subjected to reprisal for opposing any

practice prohibited by this part or for filing a complaint or

participating in any other manner in a proceeding under this part.

[[Page 66710]]

Sec. 15d.3 Compliance.

The Director of the Office of Civil Rights shall evaluate each

agency's efforts to comply with this part and shall make

recommendations for improving such efforts.

Sec. 15d.4 Complaints.

(a) Any person who believes that he or she (or any specific class

of individuals) has been, or is being, subjected to practices

prohibited by this part may file on his or her own, or through an

authorized representative, a written complaint alleging such

discrimination. No particular form of complaint is required. The

written complaint must be filed within 180 calendar days from the date

the person knew or reasonably should have known of the alleged

discrimination, unless the time is extended for good cause by the

Director of the Office of Civil Rights or his or her designee. Any

person who complains of discrimination under this part in any fashion

shall be advised of his or her right to file a complaint as herein

provided.

(b) All complaints under this part should be filed with the

Director of the Office of Civil Rights, United States Department of

Agriculture, Washington, D.C. 20250, who will investigate the

complaints. The Director of the Office of Civil Rights will make final

determinations as to the merits of complaints under this part and as to

the corrective actions required to resolve program complainants. The

complaint will be notified of the final determination on his or her

complaint.

(c) Any complaint filed under this part alleging discrimination on

the basis of disability will be processed under 7 CFR part 15e.

Dated: November 16, 1999.

Dan Glickman,

Secretary of Agriculture.

[FR Doc. 99-30951 Filed 11-29-99; 8:45 am]

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