Federal Coordination And Compliance Section

Subpart A--Nondiscrimination in Federally Assisted Programs of the Department of Agriculture --
Effectuation of Title VI of the Civil Rights Act of 1964

Source: 29 FR 16274, Dec. 4, 1964; 29 FR 16966, Dec. 11, 1964,
unless otherwise noted.

Sec. 15.1 Purpose and application of part.

(a) The purpose of the regulations in this part is to effectuate the
provisions of title VI of the Civil Rights Act of 1964 (hereinafter
referred to as the ``Act'') to the end that no person in the United
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any
program or activity of an applicant or recipient receiving Federal
financial assistance from the Department of Agriculture or any Agency
thereof.
(b) The regulations in this part apply to any program or activity of
an applicant or recipient for which Federal financial assistance is
authorized under a law administered by the Department including, but not
limited to, the Federal financial assistance listed in the appendix to
this part. They apply to money paid, property transferred, or other
Federal financial assistance extended to an applicant or recipient for
its program or activity after the effective date of these regulations
pursuant to an application approved or statutory or other provision made
therefor prior to such effective date. The regulations in this part do
not apply to (1) any Federal financial assistance by way of insurance or
guaranty contract, (2) money paid, property transferred, or other
assistance extended prior to the effective date of the regulations in
this part, (3) any assistance to an applicant or recipient who is an
ultimate beneficiary under any such program, or (4) except as provided
in Sec. 15.3(c), any employment practice of any employer, employment
agency or labor organization. The fact that a specific kind of Federal
financial assistance is not listed in the appendix, shall not mean, if
title VI of the Act is otherwise applicable, that such Federal financial
assistance is not covered. Other Federal financial assistance under
statutes now in force or hereinafter enacted may be added to this list
by notice approved and issued by the Secretary and published in the
Federal Register.

[29 FR 16274, Dec. 4, 1964, as amended at 38 FR 17925, July 5, 1973]

Sec. 15.2 Definitions.

(a) Department means the Department of Agriculture, and includes
each of its operating agencies and other organizational units.
(b) Agency means any service, bureau, agency, office,
administration, instrumentality of or corporation within the U.S.
Department of Agriculture extending Federal financial assistance to any
program or activity, or any officer or employee of the Department to
whom the Secretary delegates authority to carry out any of the functions
or responsibilities of an agency under this part.
(c) Secretary means the Secretary of Agriculture or any officer or
employee of the Department to whom the Secretary has heretofore
delegated, or to whom the Secretary may hereafter delegate, the
authority to act in his stead under the regulations in this part.
(d) Hearing Officer means a hearing examiner appointed pursuant to 5
U.S.C. 3105, and designated to hold hearings under the regulations in
this part or any person authorized to hold a hearing and make a final
decision under the regulations in this part.
(e) Recipient means any State, political subdivision of any State,
or instrumentality of any State or political subdivision, any public or
private agency, institution, or organization, or other entity or any
individual in any State, to whom Federal financial assistance is
extended, directly or through another recipient, for any program,
including any successor, assignee, or transferee thereof, but such term
does not include any ultimate beneficiary under any such program.
(f) Primary recipient includes any recipient which is authorized or
required to extend Federal financial assistance to another recipient for
the purpose of carrying out a program.
(g) Federal financial assistance or financial assistance includes
(1) grants and loans of Federal funds, (2) the grant or donation of
Federal property and interests in property, (3) the detail of Federal
personnel, (4) the sale and lease of, and the permission to use (on
other than a casual or transient basis), Federal property or any
interest in such property or the furnishing of services without
consideration or at a nominal consideration, or at a consideration which
is reduced for the purpose of assisting the recipient, or in recognition
of the public interest to be served by such sale, lease or furnishing of
services to the recipient, and (5) any Federal agreement, arrangement,
or other contract which has as one of its purposes the provision of
assistance.
(h) Grant, loan or contract includes any grant, loan agreement or
commitment to loan, contract or agreement to provide financial
assistance or any other arrangement between the Department or any Agency
and a recipient of financial assistance.
(i) United States means the States of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, Wake Island, the Canal Zone, and the territories and possessions
of the United States, and the term State means any one of the foregoing.
(j) Applicant means one who submits an application, request, or plan
required to be approved by an Agency, or by a primary recipient, as a
condition to eligibility for Federal financial assistance, and
application means such an application, request, or plan.
(k) Program includes any program, project, or activity for the
provision of services, financial aid, or other benefits to individuals
(whether provided through employees of the recipient of Federal
financial assistance or provided by others through contracts or other
arrangements with the recipient, and including work opportunities and
cash or loan or other assistance to individuals), for the provision of
facilities for furnishing services, financial aid or other benefits to
individuals. The services, financial aid, or other benefits provided
under a program receiving Federal financial assistance shall be deemed
to include any services, financial aid, or other benefits provided with
the aid of Federal financial assistance or with the aid of any non-
Federal funds, property, or other resources required to be expended or
made available for the program to meet matching requirements or other
conditions which must be met in order to receive the Federal financial
assistance, and to include any services, financial aid, or other
benefits provided in or through a facility provided with the aid of
Federal financial assistance or such non-Federal resources.
(l) Facility includes all or any portion of structures, equipment,
or other real or personal property or interests therein, and the
provision of facilities includes the construction, expansion,
renovation, remodeling, alteration or acquisition of facilities.

[29 FR 16274, Dec. 4, 1964, as amended at 36 FR 3411, Feb. 24, 1971; 38
FR 17925, July 5, 1973]

Sec. 15.3 Discrimination prohibited.

(a) General. No person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under any program or activity of the applicant or recipient to which
these regulations apply. These regulations apply, but are not
restricted, to unequal treatment in priority, quality, quantity, methods
or charges for service, use, occupancy or benefit, participation in the
service or benefit available, or in the use, occupancy or benefit of any
structure, facility, or improvement.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program to which the regulations in this part apply may not,
directly or through contractual or other arrangements on the ground of
race, color, or national origin:
(i) Deny an individual any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit, to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an individual to segregation or separate treatment in
any matter related to his receipt of any service, financial aid, or
other benefit under the program;
(iv) Restrict an individual in any way in the enjoyment of any
advantage or privilege, enjoyed by others receiving any service,
financial aid, or other benefit under the program;
(v) Treat an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility,
membership or other requirement or condition which individuals must meet
in order to be provided any service, financial aid, or other benefit
provided under the program;
(vi) Deny an individual an opportunity to participate in the program
through the provisions of services or otherwise or afford him an
opportunity to do so which is different from that afforded others under
the program (including the opportunity to participate in the program as
an employee but only to the extent set forth in paragraph (c) of this
section).
(vii) Deny a person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program or the class of individuals to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, utilize criteria
or methods of administration which have the effect of subjecting
individuals to discrimination because of their race, color, or national
origin, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respects individuals
of a particular race, color, or national origin.
(3) In determining the site or location of facilities, an applicant
or recipient may not make selections with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under any of its activities or programs to which
the regulations in this part apply, on the grounds of race, color, or
national origin; or with the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the Act
and the regulations in this part.
(4) As used in this section, the services, financial aid, or other
benefit provided under a program or activity of an applicant or
recipient receiving Federal financial assistance shall be deemed to
include any and all services, financial aid, or other benefit provided
in or through a facility provided or improved in whole or part with the
aid of Federal financial assistance.
(5) The enumeration of specific forms of prohibited discrimination
in these regulations does not limit the applicability of the provisions
of paragraph (a) of this section.
(6)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program may take affirmative action to overcome the
effects of conditions which resulted in limiting participation by
persons of a particular race, color or national origin.
(c) Employment practices. Where a primary objective of the Federal
financial assistance to a program to which the regulations in this part
apply is to provide employment, a recipient may not, directly or through
contractual or other arrangements, subject an individual to
discrimination on the ground of race, color, or national origin in its
employment practices under the program including recruitment or
recruitment advertising, employment, layoff or termination, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and
use of facilities. This paragraph applies to programs where a primary
objective of the Federal financial assistance is (1) to reduce
unemployment, (2) to assist individuals in meeting expenses incident to
the commencement or continuation of their education or training, or (3)
to provide work experience which contributes to education or training.
Where a primary objective of the Federal financial assistance is not to
provide employment, but discrimination on the grounds of race, color, or
national origin in the employment practices of the recipient or other
persons subject to the regulations in this part, tends, on the grounds
of race, color, or national origin, to exclude individuals from
participation in, to deny them the benefits of, or to subject them to
discrimination under any program or activity of the applicant or
recipient to which these regulations apply, the foregoing provisions of
this Sec. 15.3(c) shall apply to
the employment practices of the recipient or other persons subject to
these regulations, to the extent necessary to assure equality of
opportunity to, and nondiscriminatory treatment of, beneficiaries. The
requirements applicable to construction employment under any program or
activity of the applicant or recipient shall be those specified in or
pursuant to part III of Executive Order 11246 or any Executive order
which supersedes it.
(d) Examples. In order that all parties may have a clear
understanding of the applicability of the regulations in this part to
their activities, there are listed in this section programs and
activities together with illustrations, by way of example only, of types
of activity covered by the regulations in this part. These illustrations
and examples, however, are not intended to be all inclusive. The fact
that a particular program is not listed does not, of course, indicate
that it is not covered by the regulations in this part. Moreover, the
examples set forth with respect to any particular listed program are not
limited to that program alone and the prohibited actions described may
also be prohibited in other programs or activities whether or not listed
below.
(1) Cooperative agricultural extension program. (i) Discrimination
in making available or in the manner of making available instructions,
demonstrations, information, and publications offered by or through the
Cooperative Extension Service;
(ii) Discrimination in the use in any program or activity of the
Cooperative Extension Service of any facility, including offices,
training facilities, lecture halls, or other structures or improvements;
or
(iii) Discrimination in training activities, admission to or
participation in fairs, competitions, field days, and encampments,
conducted or sponsored by, or in which the Cooperative Extension Service
participates.
(2) Rural electrification and rural telephone programs. (i) Refusal
or failure by a borrower to accept applications for membership or
applications to purchase shares of stock, or discrimination by a
borrower in the terms and conditions of membership or stock ownership,
where such membership or stock ownership is a condition prerequisite to
the furnishing of electric or telephone service by the borrower, or to
the receipt of any benefits or advantages related to such service;
(ii) Refusal or failure by a borrower to extend, or discrimination
by a borrower in the extension of, electric or telephone service to
unserved persons;
(iii) Denial by a borrower to any person of the benefits of
improvement, expansion or upgrading, or discrimination by a borrower
among consumers or subscribers in improving, expanding or upgrading, of
electric or telephone service;
(iv) Discrimination by a borrower in respect of rates, or terms or
conditions of, service among consumers or subscribers;
(v) Exclusion by a borrower of any member or stockholder, if the
borrower is a cooperative or mutual type of corporation, from
participation in any meeting of members or stockholders of the borrower,
discrimination among its members or stockholders in respect of the
exercise of any of their rights as members or stockholders, or in the
manner of the exercise of such rights; or
(vi) Exclusion by a borrower of any consumer or subscriber from,
denial by a borrower to any consumer or subscriber of the use of, or
discrimination by a borrower against any consumer or subscriber in his
use of, any of the borrower's facilities.
(3) Direct distribution program. (i) Exclusion of an otherwise
eligible recipient agency (school, summer camp for children,
institution, welfare agency or disaster organization) or person from
participation in the direct distribution program.
(ii) Discrimination in the allocation of food to eligible persons.
(iii) Discrimination in the manner in which or the place or times at
which foods donated under the program are distributed by recipient
agencies to eligible persons.
(iv) Segregation of persons served in different meal periods or by
different seating or serving or different food or different size
portions by recipient agencies serving prepared meals containing donated
foods.
(4) National school lunch program. (i) Discrimination by a State
agency in the selection of schools to participate in the program or in
the assignment to schools of rates of reimbursement.
(ii) Exclusion of any child from participation in the program.
(iii) Discrimination by school officials in the selection of
children to receive free or reduced-price lunches.
(iv) Segregation of participating children in different lunch
periods or different seating, and discrimination by serving different
food or different size portions.
(v) Failure to offer free and reduced-price lunches, on an equitable
basis in schools of a school district in which children are assigned to
schools on the basis of race, color, or national origin.
(5) Food stamp program. (i) Discrimination by a State agency in
certifying households as eligible for the program.
(ii) Segregation or other discrimination in the manner in which or
the times at which eligible households are issued food coupons.
(6) Special milk program for children. (i) Discrimination by a State
agency in the selection of schools and child-care institutions to
participate in the program.
(ii) Discrimination by a State agency in the selection of needy
schools to receive reimbursement for milk served free.
(iii) Discrimination by a State agency in the assignment of
reimbursement rates to schools and child-care institutions or in the
adjustment of such rates, or in fixing allowable distribution costs.
(iv) Exclusion of any child from participation in the program and
segregation of participating children in different serving periods or
different places of service.
(v) Discrimination by school officials or child-care institutions in
the selection of children to receive free milk.
(7) Price support programs carried out through producer associations
or cooperatives or through persons who are required to provide specified
benefits to producers. (i) Denial of the benefits of price support for a
producers commodity.
(ii) Denial of membership or stock ownership to any producer by any
association or cooperative.
(iii) Discrimination among producers in the manner of making or
paying any price support advances, loans, or payments.
(iv) Discrimination in the fees or charges collected from or in the
net gains distributed to producers.
(v) Discrimination in the use of facilities and services generally
made available to members or patrons under the price support program.
(8) Forest service programs. (i) Refusal or failure by a recipient
of a permit or lease to provide to any person the benefits from the use
of land administered by the Forest Service, the resources therefrom, or
improvements thereon.
(ii) Refusal or failure by any recipient to provide to any person
the benefits from Federal payments based on a share of the receipts from
lands administered by the Forest Service.
(iii) Refusal or failure by any recipient to provide to any person
the benefits from Federal assistance in cooperative programs for the
protection, development, management, and use of forest resources.
(iv) Refusal or failure by any cooperator or other recipient to
provide to any person the benefits from Federal assistance through
grants or advances of funds for research.
(9) Farmers Home Administration programs--(i) Direct soil and water
loans to association. (a) A borrower's denial of, or discrimination in
furnishing, services under a program or activity financed wholly or
partially with the aid of the loan, as in the case of a water supply
system.
(b) A borrower's denial of, or discrimination or segregation in
permitting, the use of facilities which are part of a project financed
wholly or partially with the aid of the loan, as in the case of a golf
course, swimming pool, tennis courts, parking areas, lounges, dining
rooms, and rest rooms of a recreation association.
(c) Discrimination by a borrower in the terms and conditions of
membership or stock ownership, or refusal or failure of a borrower to
accept applications for membership or for purchase of shares of stock,
or discrimination by a borrower in acting or failing to act upon such
applications, where such membership or stock ownership is a
prerequisite to the participation in services furnished by, or the use
of facilities of, the borrower which are financed wholly or partially
with the aid of the loan or to the receipt of any benefits or advantages
related to such services or the use of such facilities.
(d) Denial or impairment by a borrower of any person's rights as a
member or stockholder of the borrower, or borrower's discrimination
against or segregation of persons in the exercise of their rights as
members or stockholders of the borrower.
(ii) Direct senior citizens rental housing loans to private
nonprofit corporations and consumer cooperatives. (a) A borrower's
exclusion of any person from, discrimination in the terms and conditions
of eligibility for, or discrimination against or segregation of any
person in, the use and occupancy of the housing and related facilities
financed wholly or partially with the aid of the loan.
(b) Discrimination by a borrower in the terms and conditions of
membership or stock ownership, or refusal or failure of a borrower to
accept applications for membership or for purchase of shares of stock,
or discrimination by a borrower in acting or failing to act upon such
applicattions, where such membership or stock ownership is a condition
of eligibility for use and occupancy of the housing and related
facilities financed wholly or partially with the aid of the loan or to
the receipt of any benefits or advantages related to such housing or
facilities.
(c) Denial or impairment by a borrower of any person's rights as a
member or stockholder of the borrower, or a borrower's discrimination
against or segregation of persons in the exercise of their rights as
members or stockholders of the borrower.
(10) Cooperative State research programs. (i) Discrimination in
making available information whether published or provided through
public or private statement, correspondence, demonstration or field day.
(ii) Discrimination in participation in any cooperative research
program or project.
(iii) Discrimination in the use of any facility, including offices,
laboratories, or other structures, or research plots or fields.
(iv) Discrimination in employment of graduate students to conduct
research when such students receive substantial research training
benefits as a result of such employment.

[29 FR 16274, Dec. 4, 1964, as amended at 35 FR 18383, Dec. 3, 1970; 38
FR 17925, July 5, 1973]

Sec. 15.4 Assurances required.

(a) General. (1) Every application for Federal financial assistance
to carry out a program to which these regulations apply, except a
program to which paragraph (b) of this section applies, and every
application for Federal financial assistance to provide a facility,
shall as a condition to its approval and the extension of any Federal
financial assistance pursuant to the application, contain or be
accompanied by an assurance that the applicant's program or activity
will be conducted or the facility operated in compliance with all
requirements imposed by or pursuant to the Act and the regulations in
this part. In the case where the Federal financial assistance is to
provide or is in the form of personal property, or real property or
interest therein, or structures thereon, the assurance shall obligate
the recipient, or, in the case of a subsequent transfer, the transferee,
for the period during which the property is used for the purpose for
which the Federal financial assistance is extended or for another
purpose involving the provision of similar services and benefits or for
as long as the recipient retains ownership or possession of the
property, whichever is longer. In all other cases, the assurance shall
obligate the recipient for the period during which Federal financial
assistance is extended pursuant to the application. The Agency shall
specify the form of the foregoing assurances and the extent to which
like assurances will be required of subgrantees, contractors, and
subcontractors, successors in interest and other participants. Any such
assurance shall include provisions which give the United States a right
to seek its judicial enforcement.
(2) In the case of real property, structures, or improvements
thereon, or interests therein, which was acquired
through Federal financial assistance, or in the case where Federal
financial assistance is provided in the form of a transfer of real
property or interest therein from the Federal Government, the instrument
effecting or recording the transfer shall contain a covenant running
with the land assuring nondiscrimination for the period during which the
real property is used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of
similar services or benefits, or for as long as the recipient retains
ownership or possession of the property, whichever is longer. Where no
transfer of property is involved, but property is improved through
Federal financial assistance, the recipient shall agree to include such
a covenant in any subsequent transfer of such property. Where the
property is obtained from the Federal Government, such covenant may also
include a condition coupled with a right to be reserved by the Agency to
revert title to the property in the event of a breach of the covenant
where, in the discretion of the Agency concerned, such a condition and
right of reverter is appropriate to the purposes of the Federal
financial assistance under which the real property is obtained and to
the nature of the grant and the grantee. In such event, if a transferee
of real property proposes to mortgage or otherwise encumber the real
property as security for financing construction of new, or improvement
of existing, facilities on such property for the purposes for which the
property was transferred, the Agency may agree, upon request of the
transferee and if necessary to accomplish such financing, and upon such
conditions as it deems appropriate to forbear the exercise of such right
to revert title for so long as the lien of such mortgage or other
encumbrance remains effective.
(3) Transfers of surplus property are subject to regulations issued
by the Administrator of General Services (41 CFR 101-6.2).
(b) Every application by a State or a State Agency, including a
State Extension Service, but not including an application for aid to an
institution of higher education, to carry out its program or activity
involving continuing Federal financial assistance to which the
regulations in this part apply shall as a condition to its approval and
the exension of any Federal financial assistance pursuant to the
application (1) contain or be accompanied by a statement that the
program is (or, in the case of a new program, will be) conducted in
compliance with all requirements imposed by or pursuant to this part,
and (2) provide or be accompanied by provision for such methods of
administration for the program as are found by the Agency to give
reasonable assurance that the applicant and all recipients of Federal
financial assistance under such program will comply with all
requirements imposed by or pursuant to the regulations in this part:
Provided, That where no application is required prior to payment, the
State or State Agency, including a State Extension Service, shall, as a
condition to the extension of any Federal financial assistance, submit
an assurance complying with the requirements of paragraphs (b)(1) and
(2) of this section.
(c) Assurances from institutions. The assurance required with
respect to an institution of higher education, or any other institution,
insofar as the assurance relates to the institution's practices with
respect to admission or other treatment of individuals or to the
opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution unless the applicant establishes, to the satisfaction of the
Agency, that the institution's practices in designated parts or programs
of the institution will in no way affect its practices in the program of
the institution for which Federal financial assistance is sought, or the
beneficiaries of or participants in such program. If in any such case
the assistance sought is for the construction of a facility or part of a
facility, the assurance shall in any event extend to the entire facility
and to facilities operated in connection therewith.
(d) Recipients other than applicants. Each recipient not required to
submit an application for Federal financial assistance, shall furnish,
as a condition to the extension of any such assistance, an assurance or
statement as is
required of applicants under paragraphs (a), (b)(1) and (2) of this
section.
(e) Elementary and secondary schools. The requirements of paragraphs
(a), (b), or (d) of this section with respect to any elementary or
secondary school or school system shall be deemed to be satisfied if
such school or school system (1) is subject to a final order of a court
of the United States for the desegregation of such school or school
system, and provides an assurance that it will comply with such order,
including any future modification of such order, or (2) submits a plan
for the desegregation of such school or school system which the
responsible official of the Department of Health, Education, and Welfare
determines is adequate to accomplish the purposes of the Act and this
part, and provides reasonable assurance that it will carry out such
plan; in any case of continuing Federal financial assistance the said
responsible official of the Department of Health, Education, and Welfare
may reserve the right to redetermine, after such period as may be
specified by him, the adequacy of the plan to accomplish the purposes of
the Act and this part within the earliest practical time. In any case in
which a final order of a court of the United States for the
desegregation of such school or school system is entered after
submission of such a plan, such plan shall be revised to conform to such
final order, including any future modification of such order.

[29 FR 16274, Dec. 4, 1964, as amended at 32 FR 3967, Mar. 11, 1967; 35
FR 18383, Dec. 3, 1970; 38 FR 17926, July 5, 1973]

Sec. 15.5 Compliance.

(a) Cooperation and assistance. Each Agency shall to the fullest
extent practicable seek the cooperation of recipients in obtaining
compliance with the regulations and this part and shall provide
assistance and guidance to recipients to help them comply voluntarily
with the regulations in this part. As a normal part of the
administration of programs covered by the regulations in this part,
designated personnel will in their program reviews and other activities
or as specifically directed by the Agency, review the activities of
recipients to determine whether they are complying with the regulations
in this part. Reports by such personnel shall include statements
regarding compliance and instances, if any, of noncompliance. In the
event of noncompliance, the Agency shall seek to secure voluntary
compliance by all appropriate means.
(b) Compliance reports. Each recipient shall keep such records and
submit to the Agency timely, complete and accurate compliance reports at
such times, and in such form and containing such information, as the
Agency may determine to be necessary to ascertain whether the recipient
has complied or is complying with the regulations in this part. In the
case of any program under which a primary recipient extends Federal
financial assistance to any other recipient, such other recipient shall
also submit such compliance reports to the primary recipient as may be
necessary to enable the primary recipient to carry out its obligations
under the regulations in this part. In general, recipients should have
available for the Agency racial and ethnic data showing the extent to
which members of minority groups are beneficiaries of federally assisted
programs.
(c) Access to sources of information. Each recipient shall permit
access by authorized employees of this Department during normal business
hours to such of its books, records, accounts, and other sources of
information, and its facilities as may be pertinent to ascertain
compliance with the regulations in this part. Where any information
required of a recipient is in the exclusive possession of any other
agency, institution or person and this agency, institution or person
shall fail or refuse to furnish this information, the recipient shall so
certify in its report and shall set forth what efforts it has made to
obtain the information.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of the
regulations in this part and their applicability to the program under
which the recipient receives Federal financial assistance, and make such
information available to them in such
manner, as the Department or its Agencies finds necessary to apprise
such persons of the protections against discrimination assured them by
the Act and the regulations in this part.

[29 FR 16274, Dec. 4, 1964, as amended at 29 FR 16966, Dec. 11, 1964; 38
FR 17926, July 5, 1973]

Sec. 15.6 Complaints.

Any person who believes himself/herself or any specific class of
individuals to be subjected to discrimination prohibited by the
regulations in this part may by himself/herself or by an authorized
representative file with the Secretary or any Agency a written
complaint. A complaint must be filed not later than 180 days from the
date of the alleged discrimination, unless the time for filing is
extended by the Agency or by the Secretary. Such complaint shall be
promptly referred to the Assistant Secretary for Administration. The
complaint shall be investigated in the manner determined by the
Assistant Secretary for Administration and such further action taken by
the Agency or the Secretary as may be warranted.

[50 FR 25687, June 21, 1985]

Sec. 15.7 Intimidatory or retaliatory acts prohibited.

No recipient or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with
any right or privilege secured by section 601 of the Act or the
regulations in this part, or because he has made a complaint, testified,
assisted, or participated in any manner in an investigation, proceeding,
or hearing under the regulations in this part. The identity of
complainants shall be kept confidential except to the extent necessary
to carry out the purposes of the regulations in this part, including the
conduct of any hearing or judicial proceeding arising thereunder.

Sec. 15.8 Procedure for effecting compliance.

(a) General. If there appears to be a failure or threatened failure
to comply with the regulations in this part, and if the noncompliance or
threatened noncompliance cannot be corrected by informal means,
compliance with the regulations in this part may be effected by the
suspension or termination of or refusal to grant or to continue Federal
financial assistance, upon a finding, in accordance with the procedure
hereinafter prescribed, or by any other means authorized by law. Such
other means may include, but are not limited to, (1) a reference to the
Department of Justice with a recommendation that appropriate proceedings
be brought to enforce any rights of the United States under any law of
the United States (including other titles of the Act), or any assurance
or other contractual undertaking, and (2) any applicable proceeding
under State or local law.
(b) Noncompliance with Sec. 15.4. If an applicant fails or refuses
to furnish an assurance required under Sec. 15.4 or otherwise fails or
refuses to comply with the requirements imposed by or pursuant to that
section, Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. The Department shall
not be required to provide assistance in such a case during the pendency
of the administrative proceedings under such paragraph, except that the
Department shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to an
application therefor approved prior to the effective date of the
regulations in this part.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating, or refusing to
grant or to continue Federal financial assistance shall become effective
until (1) the Agency has advised the applicant or recipient of his
failure to comply and has determined that compliance cannot be secured
by voluntary means, (2) there has been an express finding on the record,
after opportunity for hearing, of a failure by the applicant or
recipient to comply with the requirement imposed by or pursuant to the
regulations in this part, (3) the action has been approved by the
Secretary pursuant to Sec. 15.10(e), and (4) the expiration of 30 days
after the Secretary has filed with the committee of the House and the
committee of the Senate, having legislative jurisdiction over the
program involved, a
full written report of the circumstances and the grounds for such
action. Any action to suspend or terminate or to refuse to grant or to
continue Federal financial assistance shall be limited to the particular
political entity, or part thereof, or other applicant or recipient as to
whom such a finding has been made and shall be limited in its effect to
the particular program, or part thereof, in which such noncompliance has
been so found.
(d) Other means authorized by law. No action to effect compliance by
any other means authorized by law shall be taken until (1) the Secretary
has determined that compliance cannot be secured by voluntary means, (2)
the recipient or other person has been notified of its failure to comply
and of the action to be taken to effect compliance, and (3) the
expiration of at least ten days from the mailing of such notice to the
recipient or other person. During this period of at least ten days,
additional efforts shall be made to persuade the recipient or other
person to comply with the regulations in this part and to take such
corrective action as may be appropriate.

Sec. 15.9 Hearings.

(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required under the regulations in this part, reasonable notice shall
be given by registered or certified mail, return receipt requested, to
the affected applicant or recipient. This notice shall advise the
applicant or recipient of the action proposed to be taken, the specific
provision under which the proposed action against it is to be taken, and
the matters of fact or law asserted as the basis for this action, and
either (1) fix a date not less than 20 days after the date of such
notice within which the applicant or recipient may request of the
Secretary or the Agency that the matter be scheduled for hearing or (2)
advise the applicant or recipient that the matter in question has been
set down for hearing at a stated place and time. The time and place so
fixed shall be reasonable and shall be subject to change for cause. The
complainant, if any, shall be advised of the time and place of the
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this subsection or to
appear at a hearing for which a date has been set shall be deemed to be
a waiver of the right to a hearing under section 602 of the Act and the
regulations in this part and consent to the making of a decision on the
basis of such information as is available.
(b) Time and place of hearing. Hearings shall be held at the offices
of the Department in Washington, DC, at a time fixed by the hearing
officer or by the Secretary unless it is determined that the convenience
of the applicant or recipient or of the Department requires that another
place be selected. Hearings shall be held before a hearing officer.
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the Department shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision, and
any administrative review thereof shall be conducted in conformity with
5 U.S.C. 554-557, and in accordance with such rules of procedure
promulgated by the Secretary as not inconsistent with this section,
relating to the conduct of the hearing, giving of notices subsequent to
those provided for in paragraph (a) of this section, taking of
testimony, exhibits, arguments and briefs, requests for findings, and
other related matters. Both the Department, and the applicant or
recipient shall be entitled to introduce all relevant evidence on the
issues as stated in the notice for hearing or as determined by the
hearing officer conducting the hearing at the outset of or during the
hearing.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to these regulations in this part, but rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall be
applied where reasonably necessary by the hearing officer. The hearing
officer may exclude irrelevant, immaterial, or unduly repetitious
evidence. All documents and other evidence offered or taken for the
record shall be open to examination by the
parties and opportunity shall be given to refute facts and arguments
advanced on either side of the issues. A transcript shall be made of the
oral evidence except to the extent the substance thereof is stipulated
for the record. All decisions shall be based upon the hearing record and
written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with these
regulations with respect to two or more programs to which the
regulations in this part apply, or noncompliance with the regulations in
this part and the regulations of one or more other Federal Departments
or Agencies issued under title VI of the Act, the Secretary may, by
agreement with such other Departments or Agencies, where applicable
provide for the conduct of consolidated or joint hearings, and for the
application to such hearings of rules of procedure not inconsistent with
the regulations in this part. Final decisions in such cases, insofar as
the regulations in this part are concerned, shall be made in accordance
with Sec. 15.10.

[29 FR 16274, Dec. 4, 1964, as amended at 35 FR 18384, Dec. 3, 1970; 38
FR 17926, July 5, 1973]

Sec. 15.10 Decisions and notices.

(a) Decision by hearing officer or Secretary. (1) The hearing
officer shall either make an initial decision, if so authorized, or
certify the entire record including his recommended findings, and
proposed decision to the Secretary for a final decision, and a copy of
such initial decision or certification shall be mailed to the applicant
or recipient. The applicant or recipient may within 30 days of the
mailing of such notice of initial decision file with the Secretary his
exceptions to the initial decision, with his reasons therefor.
(2) In the absence of exceptions, the Secretary may on his own
motion within 45 days after the initial decision serve on the applicant
or recipient a notice that he will review the decision. Upon the filing
of such exceptions or of such notice of review the Secretary shall
review the initial decision and issue his own decision thereon including
the reasons therefor. In the absence of either exceptions or a notice of
review the initial decision shall constitute the final decision of the
Secretary.
(b) Decisions on record or review. Whenever a record is certified to
the Secretary for decision or he reviews the decision of a hearing
officer pursuant to paragraph (a), the applicant or recipient shall be
given reasonable opportunity to file with him briefs or other written
statements of its contentions, and a copy of the final decision of the
Secretary shall be given in writing to the applicant or recipient, and
to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 15.9(a), a decision shall be made by
the Secretary on the record and a copy of such decision shall be given
in writing to the applicant or recipient, and to the complainant, if
any.
(d) Rulings required. Each decision of a hearing officer shall set
forth his ruling on each finding, conclusion, or exception presented,
and shall identify the requirement or requirements imposed by or
pursuant to the regulations in this part with which it is found that the
applicant or recipient has failed to comply.
(e) Decision by Secretary. The Secretary shall make any final
decision which provides for the suspension or termination of, or the
refusal to grant or continue Federal financial assistance, or the
imposition of any other sanction available under the regulations in this
part or the Act.
(f) Content of orders. The final decision may provide for suspension
or termination of, or refusal to grant or continue Federal financial
assistance, in whole or in part, under the program involved, and may
contain such terms, conditions, and other provisions as are consistent
with and will effectuate the purposes of the Act and the regulations in
this part, including provisions designed to assure that no Federal
financial assistance will thereafter be extended under such program to
the applicant or recipient determined by such decision to be in default
in its performance of an assurance given by it pursuant to the
regulations in this part, or to have otherwise failed to comply
with the regulations in this part, unless and until it corrects its
noncompliance and satisfies the Agency that it will fully comply with
the regulations in this part.
(g) Post termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibilty to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
the Act and the regulations in this part and provides reasonable
assurance that it will fully comply therewith. An elementary or
secondary school or school system which is unable to file an assurance
of compliance with Sec. 15.4 (a), (b), or (d) shall be restored to full
eligibility to receive Federal financial assistance if it complies with
the requirements of a Sec. 15.4(e) and is otherwise in compliance with
the Act and the regulations in this part.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the Secretary to restore fully its eligibility to receive
Federal financial assistance. Any such request shall be supported by
information showing that the applicant or recipient has met the
requirements of paragraph (g)(1) of this section. If the Secretary
determines that those requirements have been satisfied, he shall restore
such eligibility.
(3) If the Secretary denies any such request, the applicant or
recipient may submit a request for a hearing in writing, specifying why
it believes the denial to have been in error. It shall thereupon be
given an expeditious hearing, with a decision on the record, in
accordance with rules of procedure set forth in subpart C of this part.
The applicant or recipient will be restored to such eligibility if it
proves at such a hearing, that it has satisfied the requirements of
paragraph (g)(1) of this section. While proceedings under this paragraph
are pending, the sanctions imposed by the order issued under paragraph
(f) of this section shall remain in effect.

[29 FR 16274, Dec. 4, 1964, as amended at 35 FR 18384, Dec. 3, 1970; 38
FR 17926, July 5, 1973]

Sec. 15.11 Judicial review.

Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.

Sec. 15.12 Effect on other regulations; forms and instructions.

(a) Effect on other regulations. All regulations, orders, or like
directions heretofore issued by any officer of the Department which
impose requirements designed to prohibit any discrimination against
individuals on the ground of race, color, or national origin under any
program to which the regulations in this part apply, and which authorize
the suspension or termination of or refusal to grant or to continue
Federal financial assistance to any applicant for or recipient of such
assistance under such program for failure to comply with such
requirements, are hereby superseded to the extent that such
discrimination is prohibited by the regulations in this part, except
that nothing in the regulations in this part shall be deemed to relieve
any person of any obligation assumed or imposed under any such
superseded regulation, order, instruction, or like direction prior to
the effective date of the regulations in this part. Nothing in these
regulations, however, shall be deemed to supersede any of the following
including future amendments thereof:
(1) Executive Order 11246 and regulations issued thereunder; or
(2) Executive Order 11063 and regulations issued thereunder or any
other regulations or instructions insofar as they prohibit
discrimination on the ground of race, color, or national origin in any
program or situation to which the regulations in this part are
inapplicable, or prohibit discrimination on any other ground.
(b) Forms and instructions. Each Agency shall issue and promptly
make available forms and such implementing instructions and procedures
consistent
with the regulations in this part as may be necessary. Each Agency in
making available Federal financial assistance to any program or activity
may utilize contractual commitments in obtaining compliance with the
regulations in this part, including obtaining compliance by recipients
other than the contracting recipient.
(c) Supervision and coordination. The Secretary may from time to
time assign to officials of other Departments or Agencies of the
Government with the consent of such Department or Agency,
responsibilities in connection with the effectuation of the purposes of
title VI of the Act and the regulations in this part (other than
responsibility for final decision as provided in Sec. 15.10) including
the achievement of effective coordination and maximum uniformity within
the Department and within the Executive Branch of the Government in the
application of title VI and these regulations to similar programs and in
similar situations. Any action taken, determination made, or requirement
imposed by an official of another Department or Agency acting under this
paragraph shall have the same effect as though such action had been
taken by the Secretary or any Agency of this Department.

[29 FR 16274, Dec. 4, 1964, as amended at 38 FR 17927, July 5, 1973]

Appendix to Subpart A--List of USDA-Assisted Programs