[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 229 / Tuesday, November 30, 1999 /
Rules and Regulations
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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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