PART 15d—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE Authority: 5 U.S.C. 301. Source: 64 FR 66709, Nov. 30, 1999, unless otherwise noted. § 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. § 15d.2 Definitions. For the purpose of this part, the following definitions apply: Agency Agency Head Assessment Alternative Dispute Resolution ADR Assistant Secretary for Civil Rights ASCR Complaint Compliance report Conducted Programs and Activities Days Department Discrimination Secretary [79 FR 41410, July 16, 2014] § 15d.3 Discrimination prohibited. (a) No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or gender identity, 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 USDA. (b) No person shall be subjected to reprisal for opposing any practice(s) prohibited by this part, for filing a complaint, or for participating in any other manner in a proceeding under this part. [79 FR 41411, July 16, 2014] § 15d.4 Compliance. (a) Compliance program. (1) OASCR shall oversee the compliance reviews and evaluations, and issue compliance reports that monitor compliance efforts to ensure that there is equitable and fair treatment in conducted programs. (2) OASCR shall monitor all settlement agreements pertaining to program complaints for compliance to ensure full implementation and enforcement. (3) OASCR shall oversee Agency Head Assessments to ensure that Agency Heads are in compliance with civil rights laws and regulations. (4) OASCR shall monitor all findings of non-compliance to ensure that compliance is achieved. (5) OASCR shall require agencies to collect the race, ethnicity and gender of applicants and program participants, who choose to provide such information on a voluntary basis, in USDA-conducted programs, for purposes of civil rights compliance oversight, and evaluation. (b) Agency data collection and compliance reports. (i) Numbers of applicants and participants by race, ethnicity, and gender, subject to appropriate privacy protections, as determined by the Secretary and in accordance with law; and (ii) The application and participation rate, by race, ethnicity, and gender, as a percentage of the total participation rate. (2) Each Agency shall submit to the OASCR timely, complete and accurate program application and participation reports containing the information described in § 15d.4(b)(1), on an annual basis, and upon the request of the OASCR independently of the annual requirement. (c) Complaint reporting compliance. [79 FR 41411, July 16, 2014] § 15d.5 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 (or file through an authorized representative) a written complaint alleging such discrimination. 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 ASCR or designee. Any person who complains of discrimination under this part in any fashion shall be advised of the right to file a complaint as herein provided. (b) All complaints under this part should be filed with the Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave. SW., U.S. Department of Agriculture, Washington, DC 20250, who will investigate the complaints. The ASCR will make final determinations as to the merits of complaints under this part and as to the corrective actions required to resolve program complaints. The complainant will be notified of the final determination on the complaint. (c) Any complaint filed under this part alleging discrimination on the basis of disability will be processed under 7 CFR part 15e. (d) For complaints OASCR deems appropriate for ADR, OASCR shall offer ADR services to complainants. [79 FR 41411, July 16, 2014]