{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = \"15c\" and title_number = 7 sorted by section_id", "rows": [["7:7:1.1.1.1.21.0.45.1", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.1 Purpose.", "USDA", "", "", "", "The purpose of this part is to establish the nondiscrimination policy of the USDA on the basis of age in programs and activities funded in whole or in part by USDA, in compliance with the Age Discrimination Act of 1975, as amended (Age Act), and the requirements set by the HHS in its Government-wide regulation at 45 CFR part 90."], ["7:7:1.1.1.1.21.0.45.10", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.10 Exhaustion of administrative remedies.", "USDA", "", "", "", "(a) A complainant may file a civil action, in a United States district court for the district in which the recipient is found or transacts business, following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:\n\n(1) 180 days have elapsed since the complainant filed the complaint and the agency has made no finding with regard to the complaint; or\n\n(2) The agency issues any finding in favor of the recipient.\n\n(b) Before commencing the action, the complainant shall give 30 days' notice by registered mail to the Secretary of HHS, the Attorney General of the United States, the head of the granting USDA agency, and the recipient stating the alleged violation of the Age Act, the relief requested, the court in which the action will be brought, and whether or not attorney's fees are demanded in the event the complainant prevails.\n\n(c) No action shall be brought if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States. A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that these costs must be demanded in the complaint."], ["7:7:1.1.1.1.21.0.45.2", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.2 Definitions.", "USDA", "", "", "", "Action  means any act, activity, policy, rule, standard, or method of administration or use of any policy, rule, standard or method of administration.\n\nAge Act  means The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101  et seq.\n\nAge  means the number of elapsed years from the date of a person's birth.\n\nAge distinction  means any action using age or an age-related term.\n\nAge-related term  means a word or words that necessarily imply a particular age or range of ages ( e.g.  \u201cchildren,\u201d \u201cadult,\u201d or \u201colder person\u201d).\n\nAgency  means a major organizational unit of USDA with delegated authorities to deliver programs, activities, benefits, and services.\n\nAgency Head  means the head of any agency within USDA which may hold the title Administrator, Chief, or Director depending on the agency.\n\nAssistant Secretary for Civil Rights  (ASCR) means the civil rights officer for USDA responsible for the performance and oversight of all civil rights functions within USDA, and who retains the authority to delegate civil rights functions to heads of USDA agencies and offices. The ASCR is also responsible for evaluating agency heads on their performance of civil rights functions.\n\nBeneficiary  means a person or group of persons with an entitlement to receive or enjoy the benefits, services, resources, and information from, or to participate in, the activities and programs funded in whole or in part by USDA.\n\nComplainant  means any person or group of persons who files with any USDA agency a complaint that alleges discrimination in a program or activity funded in whole or in part by USDA.\n\nComplaint  means a written statement that contains the complainant's name and address and describes the alleged discriminatory action in sufficient detail to inform the Office of the Assistant Secretary for Civil Rights (OASCR) of the nature and date of the alleged civil rights violation. The statement must be signed by the complainant(s) or someone authorized to sign on behalf of the complainant(s). The complaint need not be written or signed if submitted in an alternate format to accommodate the complaint filing needs of a person who has Limited English Proficiency, a disability, or other special need. The complaint must be based on one or more prohibited bases.\n\nCompliance Review  means a systematically planned and regularly initiated investigation that assesses and evaluates the civil rights and equal opportunity policies, procedures and practices of a USDA agency or instrumentality to determine compliance with civil rights statutes, regulations, standards, and policies.\n\nDepartment  (used interchangeably with USDA) means the Department of Agriculture, and includes each of its operating agencies and other organizational units.\n\nDiscrimination  means unlawful treatment or denial of benefits, services, terms, conditions, rights, or privileges to a person or persons based on a protected basis, including age.\n\n(1)  Federal Financial Assistance  includes:\n\n(i) Grants and loans of Federal funds;\n\n(ii) The grant or donation of Federal property and interests in property;\n\n(iii) The detail of Federal personnel;\n\n(iv) 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\n\n(v) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.\n\n(2) Federal financial assistance does not include procurement contracts at market value, contracts of guarantee or insurance, regulated programs, licenses, or programs that provide direct benefits. The complaint must be based on one or more prohibited bases.\n\nHHS  means The United States Department of Health and Human Services.\n\nNormal Operation  means the operation of a program or activity without significant changes that would impair its ability to meet its objectives.\n\nProgram or activity  includes all of the operations of:\n\n(1)  State and local governments.  (i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or\n\n(ii) The entity of such State or local government that distributes Federal financial assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government.\n\n(2)  Educational institutions.  (i) A college, university, or other postsecondary institution, or a public system of higher education; or\n\n(ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system.\n\n(3)  Private organizations.  (i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship\u2014\n\n(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or\n\n(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation.\n\n(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship.\n\n(4)  Other organizations receiving Federal financial assistance.  Any other entity which is established by two or more of the entities described in paragraph (r)(1), (2), or (3) of this section; any part of which is extended Federal financial assistance.\n\nRecipient  means any State, political subdivision of any State, or instrumentality of any State or political subdivision (to include the District of Columbia and any United States territories and possessions), any public or private entity, institution, organization or any of their instrumentalities, or any individual (provided the individual is not the ultimate beneficiary) in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program or activity, including any successor, assignee, or transferee thereof.\n\nStatutory Objective  means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected general purpose legislative body."], ["7:7:1.1.1.1.21.0.45.3", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.3 Discrimination prohibited.", "USDA", "", "", "", "(a)  General.  No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.\n\n(b)  Specific discriminatory actions prohibited.  A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements use age distinctions or take any other actions which have the effect, on the basis of age, of:\n\n(1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under, a program or activity receiving Federal financial assistance, or\n\n(2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.\n\n(c)  Specific forms of age discrimination.  The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list.\n\n(d)  Exceptions to the rules against age discrimination.  (1) A recipient is permitted to take an action, otherwise prohibited by this section, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if:\n\n(i) Age is used as a measure or approximation of one or more other characteristics;\n\n(ii) The other characteristic(s) must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity;\n\n(iii) The other characteristic(s) can be reasonably measured or approximated by the use of age; and\n\n(iv) The other characteristic(s) are impractical to measure directly on an individual basis.\n\n(2) A recipient is permitted to take an action otherwise prohibited by this section that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.\n\n(3) If a recipient operating a program or activity provides special benefits to the elderly or to children, such use of age distinctions shall be presumed to be necessary to the normal operation of the program or activity, notwithstanding the provisions of this subpart.\n\n(4) Any age distinctions contained in a rule or regulation issued by USDA shall be presumed to be necessary to the achievement of a statutory objective of the program or activity to which the rule or regulation applies, notwithstanding the provisions of this part."], ["7:7:1.1.1.1.21.0.45.4", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.4 Compliance, assurance, and notice requirements.", "USDA", "", "", "", "(a) USDA recipients have primary responsibility to ensure that their programs and activities are in compliance with the Age Act and this regulation and shall take steps to eliminate violations of the Age Act. Each recipient of Federal financial assistance from USDA shall sign a written assurance as specified by the Department that it shall comply with the Age Act and this regulation. Each recipient initially receiving funds from USDA that makes the funds available to a sub-recipient must notify the sub-recipient of its obligations under the Age Act.\n\n(b) Each recipient shall make necessary information about the Age Act and this regulation available to its beneficiaries in order to inform them about the protections against discrimination provided by the Act and this regulation."], ["7:7:1.1.1.1.21.0.45.5", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.5 Information requirements.", "USDA", "", "", "", "Each recipient shall maintain records in a form and containing information which the agency determines may be necessary to ascertain whether the recipient is complying with the Age Act and this regulation. Each recipient shall provide the agency any information necessary to determine whether the recipient is in compliance with the Age Act and this rule. Each recipient shall also permit reasonable access to the agency of the books, records, accounts, and other facilities and sources of information to the extent necessary to determine whether a recipient is in compliance with the Age Act and this regulation."], ["7:7:1.1.1.1.21.0.45.6", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.6 Compliance reviews.", "USDA", "", "", "", "(a) USDA may conduct compliance reviews or use other similar procedures to review the activities of recipients to determine whether they are complying with the Age Act and this regulation and to investigate and address violations of the Age Act. USDA may conduct these reviews, at any time, even in the absence of a complaint against a recipient. The reviews may be as comprehensive as necessary to determine whether a violation of the Age Act or this regulation has occurred.\n\n(b) If a compliance review indicates a violation of the Age Act or this regulation, USDA shall attempt to achieve voluntary compliance with the Age Act. USDA shall monitor and evaluate a recipient's efforts to remedy a violation to ensure compliance consistent with applicable civil rights requirements until compliance has been achieved. If voluntary compliance cannot be achieved, USDA shall undertake enforcement of the Age Act and this regulation."], ["7:7:1.1.1.1.21.0.45.7", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.7 Complaints.", "USDA", "", "", "", "(a)  Filing of complaints.  Any person who believes he/she or any specific class of individuals has been subject to discrimination by a recipient or believes that the recipient is otherwise in noncompliance with the provisions of the Age Act or this regulation may file a complaint with OASCR. The USDA Program Discrimination Complaint Form may be used to file a complaint.\n\n(b)  Time and place of filing.  All age discrimination complaints alleging discrimination or noncompliance must be filed within 180 days of the last discriminatory act, to be timely. All complaints under this part shall be filed with the Office of the Assistant Secretary for Civil Rights, U.S. Department of Agriculture, Washington, DC 20250.\n\n(c)  Notice of rights and responsibilities.  USDA shall provide notice to the complainant and the recipient of their:\n\n(1) Rights and obligations under complaint procedures including their right to have a representative at all stages of the complaint process;\n\n(2) Rights to contact the agency for information and assistance regarding the complaint resolution process; and\n\n(3) Obligation to participate actively in efforts toward speedy resolution of the complaint.\n\n(d)  Mediation of complaints.  All complaints that allege discrimination based on age shall be mediated in an attempt to resolve disputes at the earliest stage possible. The complainant and the recipient are required to participate in the mediation process. If the complainant and recipient reach a mutually satisfactory resolution of the complaint during the mediation period, they shall reduce the agreement to writing.\n\n(e)  Investigation of complaints.  If the parties are unable to reach a resolution, USDA shall investigate the complaint. During the investigation of the complaint, OASCR or an agency delegated complaint processing authority shall use informal fact finding methods, including joint or separate discussions with the complainant and recipient, to establish the facts and, if possible, settle the complaint on terms that are mutually agreeable to the parties. USDA may seek the assistance of any involved State agency. If informal resolution efforts are unsuccessful, OASCR shall complete the investigation.\n\n(f)  Final determination.  After a complete investigation, OASCR shall make a final determination as to the merits of the complaint. The complainant shall be notified of the final determination and provided notice of his or her right to file a civil action under the Age Act, 42 U.S.C. 6104(e), and 15c.10 of this part.\n\n(g)  Voluntary compliance.  If OASCR or an agency delegated complaint processing authority finds that age discrimination has occurred, USDA shall attempt to obtain voluntary compliance. The recipient shall take any remedial action which USDA may require to overcome the effects of discrimination. If USDA cannot obtain voluntary compliance, it shall undertake enforcement of the Age Act and this regulation."], ["7:7:1.1.1.1.21.0.45.8", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.8 Prohibition against intimidation or retaliation.", "USDA", "", "", "", "A recipient may not engage in acts of intimidation or retaliation against any person who:\n\n(a) Attempts to assert a right protected by the Age Act; or\n\n(b) Cooperates in any mediation, investigation, hearing, or other part of the agency's investigation, conciliation, and enforcement process."], ["7:7:1.1.1.1.21.0.45.9", 7, "Agriculture", "", "", "15c", "PART 15c\u2014NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE", "", "", "", "\u00a7 15c.9 Enforcement.", "USDA", "", "", "", "(a) If USDA finds that a recipient has committed a violation of the Age Act and determines that voluntary compliance cannot be obtained, the Department shall enforce the requirements of the Age Act and this regulation through the termination of a recipient's Federal financial assistance under the program or activity involved where the recipient has violated the Age Act or this regulation. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law judge.\n\n(1) Any termination under this paragraph (a) shall be limited to the particular recipient and particular program or activity receiving Federal financial assistance or portion thereof found to be in violation of the Age Act or this regulation.\n\n(2) No action under this paragraph (a) may be taken until:\n\n(i) OASCR, or designee, has advised the recipient of its failure to comply with the Age Act and this regulation, and has determined that voluntary compliance cannot be obtained; and\n\n(ii) Thirty days have elapsed after the head of the agency involved has sent a written report of the circumstances and grounds of the action to the committees of the Congress having legislative jurisdiction over the program or activity involved.\n\n(3) An agency may defer granting new Federal financial assistance to a recipient when termination proceedings under this paragraph (a) are initiated.\n\n(b) When an agency withholds funds from a recipient under this regulation, the Agency Head may disburse the withheld funds directly to any public or non-profit private organization or agency, or State or political subdivision of the State. These alternate recipients must demonstrate the ability to comply with this regulation and to achieve the goals of the Federal statute authorizing the Federal financial assistance.\n\n(c) USDA may seek to achieve compliance with the Age Act and this regulation by any other means authorized by law."]], "truncated": false, "filtered_table_rows_count": 10, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "15c", "p1": "7"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=15c&title_number=7", "results": [{"value": 7, "label": 7, "count": 10, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=15c", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=15c&title_number=7", "results": [{"value": "USDA", "label": "USDA", "count": 10, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=15c&title_number=7&agency=USDA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=15c&title_number=7", "results": [{"value": "15c", "label": "15c", "count": 10, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=7", "selected": true}], "truncated": false}}, "suggested_facets": [], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 516.1582450382411, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}