[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Rules and Regulations]
[Pages 66709-66710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30951]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 229 / Tuesday, November 30, 1999 / 
Rules and Regulations  

[[Page 66709]]


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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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