(1) Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794.

(2) 5 USC 301, Authority to Prescribe Departmental Regulations.

(3) Equal Credit Opportunity Act of 1974, Title VII of the Consumer Protection Act of 1974 (as amended), Section 701 of the Equal Credit Opportunity Act of 1974, Pub. L. 93-49, tit. V, 88 Stat. 1500, 15 USC §§ 1691-1691f.

(4) Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 USC 3 601-3 619.

(1) 7 CFR Part 2, Subpart P.

(2) 7 CFR Part 15, Nondiscrimination in USDA-conducted programs and activities.

(3) 7 CFR Part 15e - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the United States Department of Agriculture.

(4) 12 CFR Part 202, Equal Credit Opportunity Regulation B.

(5) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

(1) USDA DR 4300-5, Agency Civil Rights Programs, dated January 14, 1998.

(2) USDA DR 4300-3, Equal Opportunity Public Notification Policy, dated February 25, 1998.

(3) USDA DR 4300-6, Civil Rights Policy for the U.S. Department of Agriculture, dated March 16, 1998.

(4) USDA DR 5600-2, Environmental Justice, dated December 15, 1997.

(5) Secretary's Memorandum 1010-4, Restructuring Departmental Administration, dated May 16, 1997.

(1) Provide overall leadership, coordination and direction for the USDA civil rights compliance and enforcement program;

(2) Delegate to the Director, Office of Civil Rights, full and comprehensive responsibility for the day-to-day management and administration of the Department's civil rights compliance and enforcement activities;

(3) Ensure that agencies and their instrumentalities actively support and adhere to the civil rights policies, directives, findings, and decisions rendered by the Office of Civil Rights; and

(4) Systematically review, evaluate, and hold to a high accountability standard the civil rights performance of agency heads and administrators.

(1) The investigation, adjudication, and resolution of complaints, to include the full authority and sole responsibility for determining whether discrimination has occurred in USDA-conducted programs and activities, and ordering appropriate relief;

(2) Reviewing and evaluating agencies' accomplishment of their civil rights responsibilities through compliance reviews and other appropriate methods;

(3) Issuing policies, directives, procedures, rules, and regulations as necessary to ensure that the Department fully achieves its civil rights compliance and enforcement obligations;

(4) Recommending sanctions as appropriate and where necessary to secure agency compliance with applicable civil rights laws;

(5) Ensuring through training, dissemination of information, technical assistance, and other appropriate methods that the Department's civil rights employee population, including contract employees and consultants, demonstrates and maintains the highest level of current technical competence, skills, knowledge, and abilities;

(6) Providing leadership and proactively promoting civil rights at USDA, and providing guidance and oversight to USDA agencies and recipients;

(7) Developing and implementing a comprehensive civil rights strategic plan that encompasses the full scope of the Department's civil rights obligations, supplemented by an annual operating plan for strategy accomplishment, and disseminating the plan throughout the Department; and

(8) Serving as a clearinghouse for information dissemination and exchange with USDA agencies, the government, and nongovernment civil rights communities.

(1) Establish, maintain and ensure an effective, proactive civil rights compliance and enforcement, program in accordance with the policies, guidelines, and directives promulgated by CR;

(2) Provide adequate and appropriately trained and qualified staff and other resources as necessary to ensure efficient and effective accomplishment of the Department's civil rights obligations;

(3) Timely collect and make available all data and information as necessary and requested by CR to enable efficient and effective monitoring and evaluation of the Department's program of civil rights compliance and enforcement;

(4) Cooperate with and provide assistance as necessary and requested by CR in the investigation of any complaints and compliance reviews, including ensuring access to information and the resolution of any issues of noncompliance; and

(5) Timely and effectively implement corrective actions and remedies in response to a finding resulting from a compliance review or complaint investigation that one or more agency programs or activities are infected by prohibited discriminatory policies, practices, or procedures.

(1) Provide legal expertise, advice, and support to the Office of Civil Rights to ensure the accomplishment of the Department's civil rights compliance and enforcement obligations;

(2) Conduct legal sufficiency reviews for all draft final agency decisions resulting from complaint investigations, settlement agreements, compensatory damages awards, and attorney fees and costs awards prior to final implementation;

(3) Upon request of CR, review settlement agreements, provide legal advice relating to the award of compensatory damages and attorney fees, and other legal issues involved in the complaint and compliance review investigation processes.

(1) technical guidance and assistance for agencies, with the goal of resolving civil rights problems and issues in the administration of agency programs and activities, and

(2) monitoring and evaluations of whether, and the extent to which, agencies meet their civil rights obligations.

(1), The CR, with the assistance of the USDA agencies, will be responsible for conducting compliance reviews of all USDA agencies. The CR will exercise its discretion about whether to conduct an agency review or a program review in response to complaints alleging unlawful discrimination in USDA-conducted programs.

(2) As determined by the Director, CR will decide whether to conduct a compliance review of a USDA-conducted program activity based on consideration of

CR and USDA agencies are strongly encouraged to engage in voluntary compliance where appropriate, at any stage of the compliance review investigation process, and will provide technical assistance to facilitate a voluntary resolution of any noncompliance issues or issues for which there is a high probability of noncompliance.

(1) Unless otherwise stated, all days are calendar days.

(2) CR will complete a compliance review within 180 days following the receipt of information subject to review from the agency.

(3) CR will give as much notice as is practicable to the agency subject to review, but not less than 60 days prior to the date that the compliance review activities will commence. The notice will advise the agency of the date on which the compliance review will commence, the data and information necessary to an efficient and effective compliance review, and the date on which the data and information are to be received by CR.

(4) The agency shall acknowledge the notice within 5 working days and ensure that the requested data and information are transmitted in the amount of time directed by the Director, CR.

(5) CR will notify the agency in writing of the findings of the compliance review within 30 days following its completion. The report shall identify:

(1) When CR issues a report of a compliance review that cites noncompliance findings, the agency must notify CR of its plans and action to correct the violations within 30 days following the agency's receipt of the report.

(2) If CR concludes, or the agency presents adequate documentation that a violation noted during the review was corrected prior to review completion, the compliance review report must state that a violation existed at the time of the review, but that it was voluntarily corrected by the agency. The report similarly must state that the agency voluntarily corrected the violation prior to conclusion of the review.

(3) When issuing a compliance report, CR shall send a copy of the report to the agency head, the agency civil rights director, OGC, the appropriate Under or Assistant Secretary, the Assistant Secretary for Administration, and the Deputy Secretary. To the extent that the compliance review was initiated in response to a complaint(s), and to the extent appropriate and lawful, CR will notify the complainant(s) of the findings of the compliance review and of the actions taken or being taken to remedy the discrimination.

(1) Following receipt of the agency's plan to correct a violation noted in a compliance report, CR will ensure that the plan is sufficient to result in the required corrective actions. The CR will monitor and evaluate an agency's efforts to remedy a violation to ensure compliance consistent with the applicable civil rights requirement(s).

(2) When the agency completes its program of corrective actions, CR will notify the agency head, the agency civil rights director, OGC, the appropriate Under or Assistant Secretary, the Assistant Secretary for Administration, and the Deputy Secretary, following which the review will be closed.

(1) Where an agency disagrees with a CR finding that the agency is in violation of one or more civil rights requirements, the agency must provide CR with a written analysis in support of its position within 15 days after receiving the compliance report. The agency rebuttal must include and is to be limited to the following:

(2) CR must respond to the agency rebuttal within 5 days after receipt. If CR agrees with and accepts the agency's position, CR will issue a revised compliance review report to the agency within 5 days after its notice of acceptance. If CR does not accept the agency's rebuttal, CR must notify the agency of the nonacceptance and the reasons, and re-advise the, agency of the agency's obligation to submit a corrective action plan in accordance with the original timeframes.

(3) Should the agency fail or refuse to correct any violation cited in a compliance review report following CR's rejection of its rebuttal, CR will notify the Assistant Secretary for Administration (ASA), documenting the basis for its finding and requesting that the ASA issue a directive to comply.

(4) The request for the directive to comply will be referenced in all subsequent agency Accountability reports to the ASA and the Secretary until agency compliance has been achieved.

(1) Any person who believes that he/she or any specific class of individuals has been subject to discrimination by any USDA agency may personally or through a representative file a complaint with the Office of Civil Rights, USDA.

(2) If a complaint alleging discrimination is submitted or filed with any agency within USDA other than the Office of Civil Rights, the receiving agency will refer the complaint to CR within 5 calendar days of the date the complaint was received.

(1) CR will acknowledge to the complainant receipt of the complaint, in writing, within 5 calendar days of receipt. CR will notify the agency of its receipt of the complaint concurrent with its acknowledgment of the complaint.

(2) The acknowledgment letter will, at a minimum, include: the date complaint was received, the case number assigned, a statement that the complaint is under review to determine CR jurisdiction, any other information that may be specifically required by the appropriate statute, notice that the complainant should consult an attorney regarding other legal rights they may have that are unaffected by the filing of the complaint, and a contact name and number.

(3) Where CR determines that a complaint is incomplete, the acknowledgment, letter also shall advise the complainant of the information needed to complete the complaint and that the information must be submitted within 15 days of the date of receipt of the acknowledgment letter.

(4) If a complainant does not respond to the request for information necessary to complete his or her complaint, the Director of the Office of Civil Rights may make an additional request, extending the timeframe for submitting the information, or may administratively close the complaint.

(5) If CR closes an incomplete complaint for lack of a response from the complainant, CR will notify the complainant and the agency of the closure in writing.

(1) CR will review each complaint to determine whether it is complete, timely filed, within USDA jurisdiction, subject to the authorities enforced by USDA, whether the complainant has standing, and to determine whether the complaint must be resolved based on an investigation or is appropriate for early resolution or pre-investigation settlement.

(2) CR will make an appropriate referral of any complaints that are not within its jurisdiction or which are the subject of concurrent jurisdiction with another Federal, state, or local agency. The complainant will be notified of the referral in writing.

(1) To be timely, complaints must be filed within 180 calendar days from the date the person knew or should have known of the alleged discrimination.

(2). CR retains the authority to waive the timeliness requirement when it finds that good cause is shown.

(1) All investigations will be impartial processes limited to the facts and evidence pertinent and relevant to a factual determination of whether the complainant was subjected to discrimination in violation of USDA civil rights regulations.

(2) The facts, evidence, and findings of the investigation must result in a record that will withstand legal scrutiny.

(3) When investigating complaints that allege discrimination in USDAconducted programs and activities, CR will be guided by the legal standards, policies, and requirements that have been established in Federal statutes, regulations, Executive Orders, policies, and case law decisions related to discrimination based on race, color, national origin, gender, religion, age, disability, marital status, familial status, sexual orientation, or because all or part of an individual's income is derived from any public assistance source, and made applicable to federally assisted or conducted programs and activities.

(4) CR will complete all complaint investigations within 180 days after determining USDA jurisdiction.

(1) Upon completion of the investigation, CR will review, evaluate, and Upon comp analyze the f4cts and evidence and apply the appropriate standards and legal theories to ensure findings and conclusions consistent with the applicable statutory and regulatory requirements and case law.

(2) The findings of the adjudication process will be set forth in a final agency decision that takes effect when signed by the Director of CR.

(3) If CR concludes, or the agency presents adequate documentation that a violation that existed at the onset of the investigation was corrected prior to the conclusion of the investigation, the final agency decision must state that a violation existed at the onset of the investigation, but was voluntarily corrected by the agency.

(1) The final agency decision may set forth a "no violation!' finding, a "corrected violation finding," a violation finding accompanied by a requirement for a specific remedial action (including damages), or an offer of settlement.

(2) If the final agency decision includes a settlement offer, the Director, Office of Civil Rights, will notify the complainant and agency of the specifics of the offer in Writing.

(3) The agency must comply with the corrective action requirements, including the implementation of any settlement offer identified by CR within the timeframes designated in the final agency decision.

(4) The complainant must accept or reject the settlement offer, or make a counteroffer within 15 days of receipt of the offer of settlement from the CR Director:.

(5) If the complainant rejects the offer of settlement and declines negotiation, the CR Director may continue efforts to effect a settlement or direct that the case be closed and the complainant notified of his/her right to pursue other legal remedies.

(1) Following the issuance of a finding of discrimination, CR will monitor and evaluate the agency's corrective action activities to ensure an outcome that reflects compliance with the corrective action ordered in the final agency decision or agreed to in a settlement.

(2) When the agency completes its program of corrective actions and compliance has been achieved, CR will notify the agency head, the agency civil rights director, OGC, the appropriate Under or Assistant Secretary, the Assistant Secretary for Administration, and the Deputy Secretary, following which the case will be closed.

(3) Where an agency disagrees with a CR finding that the agency is in violation of one or more civil rights requirements, the agency must provide CR with a written analysis in support of its position within 15 days after receiving the final agency decision. The agency rebuttal must include, and is to be limited to, the following:

(4) CR must respond to the agency rebuttal within 5 days after receipt. If CR agrees with and accepts the agency's position, CR will issue a revised final agency decision to the agency within 5 days after its notice of acceptance. If CR does not accept the agency's rebuttal, CR must notify the agency of the nonacceptance and the reasons, and re-advise the agency of the agency's obligation as set forth in the final agency decision as originally presented to the complainant.

(5) Should the agency fail or refuse to correct any violation cited in the final agency decision following CR's rejection of a its rebuttal, CR will notify the Assistant Secretary for Administration (ASA), documenting the basis for its finding and requesting that the ASA issue a directive to comply.

(6) The request for the directive to comply will be referenced in all subsequent agency Accountability reports to the ASA and the Secretary until agency compliance has been achieved.