7cfr15.5

Office of the Secretary, USDA

§ 15.5

(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, 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.
(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; 68 FR 53141,
Aug. 26, 2003]

§ 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
Federal financial assistance covered by
the regulations in this part, designated
personnel will in their 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

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§ 15.6

7 CFR Subtitle A (1–1–07 Edition)

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 in 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 for Federal statutes, authorities, or other
means by which Federal financial assistance is extended and 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; 68 FR 51341, Aug. 26, 2003]

§ 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 Civil Rights. The complaint shall be investigated in the manner determined by the Assistant Secretary for Civil Rights and such further
action taken by the Agency or the Secretary as may be warranted.
[50 FR 25687, June 21, 1985, as amended at 68
FR 27449, May 20, 2003]

§ 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.
§ 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

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