C.F.R. » Title 7 » PART 15d—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE

7 C.F.R. § 15d.4

Compliance

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(a) Compliance program. OASCR shall evaluate each agency's efforts to comply with this part and shall make recommendations for improving such efforts.

(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. (1) Each Agency shall, for civil rights compliance, collect, maintain and annually compile data on all program applicants and participants in conducted programs by county and State, including but not limited to, application and participation rate data regarding socially disadvantaged and limited resources applicants and participants. At a minimum, the data should include:

(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. OASCR shall ensure compliance with mandated complaint reporting requirements, such as those required by section 14006 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).

[79 FR 41411, July 16, 2014]
Notes of Decisions
Cited in 5 cases, 2003–2016 · leading case: Garcia v. Vilsack, 563 F.3d 519 (D.C. Cir. 2009).
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Garcia v. Vilsack, 563 F.3d 519 (D.C. Cir. 2009). “See 7 C.F.R. § 15d.4; see also Love v. Connor, 525 F.”
Johnson v. Dep't of Agric., 833 F.3d 948 (8th Cir. 2016). “52 (1967), the predecessor to the current 7 C.F.R. 15d.4). Currently, the USDA’s anti-discrimination policy provides: (a) No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, sexual orientation, disability, age,…”
Love v. Connor, 525 F. Supp. 2d 155 (D.D.C. 2007). “66709; 7 C.F.R. § 15d.4. Also in 1999, the Department promulgated an internal “departmental regulation” specifying, apparently for the first time, the manner in which investigations would be conducted.”
Chiang v. Veneman, 213 F.R.D. 256 (D.V.I. 2003). “" See 7 C.F.R. § 15d.4(a) (emphasis added). . In full, Rule 23(a) provides: (a) Prerequisites to a Class Action.”
Visconti v. Sec'y Agri, 204 F. App'x 150 (3rd Cir. 2006). “In particular, the District Court held (hat the Viscontis’ August 1, 1997 complaint was filed with the USDA within 180 days of the alleged discriminatory events, see 7 C.F.R. § 15d.4, and that the ECOA's two-year statute of limitations was tolled while the Viscontis pursued…”
— 7 C.F.R. § 15d.4(a) — 1 case
Chiang v. Veneman, 213 F.R.D. 256 (D.V.I. 2003). “" See 7 C.F.R. § 15d.4(a) (emphasis added). . In full, Rule 23(a) provides: (a) Prerequisites to a Class Action.”
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