[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Rules and Regulations]
[Pages 73191-73201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28452]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 /
Rules and Regulations
[[Page 73191]]
DEPARTMENT OF AGRICULTURE
7 CFR Part 15c
RIN 0503-AA57
Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Financial Assistance From the U.S. Department of
Agriculture
AGENCY: U.S. Department of Agriculture.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture (USDA) seeks to issue a
Department-wide regulation to implement the Age Discrimination Act of
1975, as amended (``Age Act''), and the Government-wide Age
Discrimination regulation promulgated by the U.S. Department of Health
and Human Services (HHS). The Age Act and HHS regulations prohibit age
discrimination in programs and activities receiving Federal financial
assistance. The Direct final regulation intends to ensure compliance
with the Age Act and HHS regulations and provide guidance to USDA
agencies, employees, recipients, and beneficiaries on Age Act
requirements.
DATES: This rule is effective January 9, 2015 unless the Agency
receives written adverse comments on or before January 9, 2015. If we
receive adverse comments or notices, the Office of the Assistant
Secretary for Civil Rights (OASCR) will publish a timely document in
the Federal Register withdrawing the rule. Comments received will be
considered under the proposed rule published in this edition of the
Federal Register in the proposed rule section. A second public comment
period will not be held. Written comments must be received by the
Agency or carry a postmark or equivalent no later than January 9, 2015.
ADDRESSES: Submit adverse comments to Anna G. Stroman, Chief, Policy
Division, by mail at Office of the Assistant Secretary for Civil
Rights, 1400 Independence Avenue SW., Washington, DC 20250. You can
also submit adverse comments at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Anna G. Stroman at (202) 205-5953 or
at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Age Act, 42 U.S.C. Sections 6101-6107, et seq., prohibits
discrimination on the basis of age in programs or activities receiving
Federal financial assistance. The Age Act, which applies to persons of
all ages, also contains certain exceptions that permit, under limited
circumstances, use of age distinctions or factors other than age that
may have a disproportionate effect on the basis of age.
The Age Act requires the head of each Federal department or agency
that extends Federal financial assistance to any program or activity by
way of grant, entitlement, loan, or contract other than a contract of
insurance or guaranty, to publish agency-specific regulations setting
standards regarding the Age Act to be followed by the agency's
employees, recipients, and beneficiaries.
This Direct final rule establishes policy and provides guidance to
USDA agencies, employees, recipients, and beneficiaries to ensure
compliance with the Age Act and the requirements set by HHS in the
Government-wide regulation at 45 CFR part 90. This regulation applies
to each USDA recipient and to each program and activity receiving
Federal financial assistance in whole or in part from USDA, its
agencies and instrumentalities. The final rule does not apply to:
a. Conducted programs which is direct assistance, in which Federal
funds flow directly and unconditionally from USDA to individual
beneficiaries;
b. Age distinctions established under authority of any Federal,
State, or local statute or ordinance adopted by an elected, general
purpose legislative body which:
(1) Provides any benefits or assistance to persons based on age; or
(2) Establishes criteria for participation in age-related terms; or
(3) Describes intended beneficiaries or target groups in age-
related terms;
c. Discrimination on the basis of age in employment, which is
covered by the Age Discrimination in Employment Act of 1967, as
amended, which is administered by the United States Equal Employment
Opportunity Commission; and
d. Discrimination on the basis of age in programs or activities
conducted by USDA, which is covered by 7 CFR part 15d
``Nondiscrimination in Programs or Activities Conducted by the United
States Department of Agriculture.''
Executive Orders 12866 and 13563
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives, and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health, and safety effects;
distributive impacts; and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and promoting flexibility.
The Office of Management and Budget (OMB) designated this rule as
not significant under Executive Order 12866, and, therefore, OMB was
not required to review this direct final rule.
Regulatory Flexibility Act
OASCR has determined that, under section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601, et seq., as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996), the final rule
will not have a significant economic impact on a substantial number of
small entities. In making this determination, OASCR used the definition
of small entity set forth in the RFA: (1) A small business, as defined
by the Small Business Administration in 13 CFR part 121.201; (2) a
small governmental jurisdiction, which is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization, which is any non-profit
enterprise that is independently owned and operated and is not dominant
in its field.
Executive Order 12988
This direct final rule has been reviewed in accordance with
Executive Order 12988, ``Civil Justice Reform.'' This direct final rule
would not preempt State and or local laws, and rules, or
[[Page 73192]]
policies unless they present an irreconcilable conflict with this rule.
Before any judicial action may be brought regarding the provisions of
this rule, the administrative appeal provisions of 7 CFR parts 11 and
780 must be exhausted.
Executive Order 13175
This direct final rule has been reviewed for compliance with
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' The review reveals that this direct final rule
will not have substantial and direct effects on Tribal Governments and
will not have significant Tribal implications. OASCR provided a copy of
the direct final rule to the USDA Office of Tribal Relations, who has
indicated that the direct final rule will not impact or have direct
effects on Tribal Governments and will not have significant Tribal
implications. OASCR continues to consult with the USDA Office of Tribal
Relations to have meaningful collaboration on the development and
strengthening of departmental regulations.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4 (2
U.S.C. 1501 et seq.), does not apply to the rule because it does not
apply to regulatory actions that establish or enforce statutory rights
that prohibit discrimination on the basis of race, color, religion,
sex, national origin, age, handicap or disability. Further, the rule
contains no ``Federal mandate'' under Title II of UMRA because UMRA
excludes from the definitions of ``Federal intergovernmental mandate''
and ``Federal private sector mandate'' duties that arise from
conditions of Federal assistance and duties that arise from
participation in a voluntary Federal program. Congress mandated in the
Age Act the establishment of these agency-specific regulations to
enforce the prohibition of discrimination on the basis of age in
programs or activities receiving Federal financial assistance. These
regulations do not apply to any program or activity unless it applies
for and receives financial assistance from USDA. Application for, and
receipt of, USDA assistance is entirely voluntary. In addition, USDA
has determined that the rule will not significantly or uniquely affect
state, local, and tribal governments. These regulations apply uniformly
to all organizational recipients of USDA financial assistance.
Paperwork Reduction Act of 1995
USDA has determined that the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., does not apply because the rule does not impose
any new information collection requirements that require OMB approval.
Section 3518(c)(1)(B) of the PRA exempts from OMB approval, collections
of information ``during the conduct of . . . (ii) an administrative
action or investigation involving an agency against specific
individuals or entities.'' These regulations provide USDA with
discretionary authority to require information from recipients as part
of an investigation, thereby eliminating any PRA concerns, because it
is discretionary and tied to USDA's authority to investigate. Further,
the rule provides that individuals ``may file'' complaints and requires
that recipients provide notice to sub-recipients of their obligations
under the Age Act and the regulations, neither of which involve a
``collection of information'' under the PRA.
E-Government Act Compliance
OASCR is committed to complying with the E-Government Act, which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible.
List of Subjects in 7 CFR Part 15c
For the reasons set forth in the preamble, USDA adds 7 CFR part 15c
to read as follows:
PART 15c_ NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE UNITED
STATES DEPARTMENT OF AGRICULTURE
Sec.
15c.1 Purpose.
15c.2 Definitions.
15c.3 Discrimination prohibited.
15c.4 Assurance and notice requirements.
15c.5 Information requirements.
15c.6 Compliance.
15c.7 Complaints.
15c.8 Prohibition against intimidation and retaliation.
15c.9 Enforcement.
15c.10 Exhaustion of administrative remedies.
Appendix A to 7 CFR part 15c--Age Distinctions in Federal Statutes
or Regulations Affecting Financial Assistance Administered by the
United States Department of Agriculture
Authority: 5 U.S.C. 301; 42 U.S.C. 6101 et seq.
Sec. 15c.1 Purpose.
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.
Sec. 15c.2 Definitions.
Action means any act, activity, policy, rule, standard, or method
of administration or use of any policy, rule, standard or method of
administration.
Age Act means The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq.
Age means the number of elapsed years from the date of a person's
birth.
Age distinction means any action using age or an age-related term.
Age-related term means a word or words that necessarily imply a
particular age or range of ages (e.g. ``children,'' ``adult,'' or
``older person'').
Agency means a major organizational unit of USDA with delegated
authorities to deliver programs, activities, benefits, and services.
Agency Head means the head of any agency within USDA which may hold
the title Administrator, Chief, or Director depending on the agency.
Assistant 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.
Beneficiary 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.
Complainant 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.
Complaint 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
[[Page 73193]]
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.
Compliance 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.
Department (used interchangeably with USDA) means the Department of
Agriculture, and includes each of its operating agencies and other
organizational units.
Discrimination 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.
(1) Federal Financial Assistance includes:
(i) Grants and loans of Federal funds;
(ii) The grant or donation of Federal property and interests in
property;
(iii) The detail of Federal personnel;
(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
(v) Any Federal agreement, arrangement, or other contract which has
as one of its purposes the provision of assistance.
(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.
HHS means The United States Department of Health and Human
Services.
Normal Operation means the operation of a program or activity
without significant changes that would impair its ability to meet its
objectives.
Program or activity includes all of the operations of:
(1) State and local governments. (i) A department, agency, special
purpose district, or other instrumentality of a State or of a local
government; or
(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.
(2) Educational institutions. (i) A college, university, or other
postsecondary institution, or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system.
(3) Private organizations. (i) An entire corporation, partnership,
or other private organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation.
(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.
(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.
Recipient 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.
Statutory 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.
Sec. 15c.3 Discrimination prohibited.
(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.
(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:
(1) Excluding individuals from, denying them the benefits of, or
subjecting them to discrimination under, a program or activity
receiving Federal financial assistance, or
(2) Denying or limiting individuals in their opportunity to
participate in any program or activity receiving Federal financial
assistance.
(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.
(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:
(i) Age is used as a measure or approximation of one or more other
characteristics;
(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;
(iii) The other characteristic(s) can be reasonably measured or
approximated by the use of age; and
(iv) The other characteristic(s) are impractical to measure
directly on an individual basis.
(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.
(3) If a recipient operating a program or activity provides special
benefits to the elderly or to children, such use of
[[Page 73194]]
age distinctions shall be presumed to be necessary to the normal
operation of the program or activity, notwithstanding the provisions of
this subpart.
(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.
Sec. 15c.4 Compliance, assurance, and notice requirements.
(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.
(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.
Sec. 15c.5 Information requirements.
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.
Sec. 15c.6 Compliance reviews.
(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.
(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.
Sec. 15c.7 Complaints.
(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.
(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.
(c) Notice of rights and responsibilities. USDA shall provide
notice to the complainant and the recipient of their:
(1) Rights and obligations under complaint procedures including
their right to have a representative at all stages of the complaint
process;
(2) Rights to contact the agency for information and assistance
regarding the complaint resolution process; and
(3) Obligation to participate actively in efforts toward speedy
resolution of the complaint.
(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.
(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.
(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.
(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.
Sec. 15c.8 Prohibition against intimidation or retaliation.
A recipient may not engage in acts of intimidation or retaliation
against any person who:
(a) Attempts to assert a right protected by the Age Act; or
(b) Cooperates in any mediation, investigation, hearing, or other
part of the agency's investigation, conciliation, and enforcement
process.
Sec. 15c.9 Enforcement.
(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.
(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.
[[Page 73195]]
(2) No action under this paragraph (a) may be taken until:
(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
(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.
(3) An agency may defer granting new Federal financial assistance
to a recipient when termination proceedings under this paragraph (a)
are initiated.
(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.
(c) USDA may seek to achieve compliance with the Age Act and this
regulation by any other means authorized by law.
Sec. 15c.10 Exhaustion of administrative remedies.
(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:
(1) 180 days have elapsed since the complainant filed the complaint
and the agency has made no finding with regard to the complaint; or
(2) The agency issues any finding in favor of the recipient.
(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.
(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.
Appendix A to 7 CFR Part 15c--Age Distinctions in Federal Statutes or
Regulations Affecting Financial Assistance Administered by the United
States Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Section and age
Program Statute distinction Regulation
----------------------------------------------------------------------------------------------------------------
Farm Service Agency
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs................ 7 U.S.C. 1941 Persons Section 761.2 defines 7 CFR part 761.
Eligible For Loans. ``rural youth'' as
meaning a person who
has reached the age
of 10 but has not
reached the age of
21 and resides in a
rural area or any
city or town with a
population of 50,000
or fewer people.
----------------------------------------------------------------------------------------------------------------
Food and Nutrition Service
----------------------------------------------------------------------------------------------------------------
Senior Farmer's Market Nutrition 7 U.S.C. 3007 Senior Section 249.2 defines 7 CFR part 249.
Program. Farmers' Market ``senior'' as
Nutrition Program. meaning an
individual 60 years
of age or older, or
as defined in Sec.
249.6(a)(1).
Section 249.6(a)(1)
establishes
categorical
eligibility for the
Senior Farmers'
Market Nutrition
Program. The
categorical
eligibility states
that: ``participants
must be not less
than 60 years of
age, except that
State agencies may
exercise the option
to deem Native
Americans who are 55
years of age or
older as
categorically
eligible for SFMNP
benefits. State
agencies may, at
their discretion,
also deem disabled
individuals less
than 60 years of age
who are currently
living in housing
facilities occupied
primarily by older
individuals where
congregate nutrition
services are
provided, as
categorically
eligible to receive
SFMNP benefits''.
Special Supplemental Nutrition 42 U.S.C. 1786....... Section 246.2 defines
Program for Women, Infants, and ``children'' as
Children. meaning persons who
have had their first
birthday but have
not yet attained
their fifth birthday.
Section 246.2 defines
``infants'' as
meaning persons
under 1 year of age.
Section 246.10(e) 7 CFR part 246.
establishes category
and nutritional
needs of the
participant for each
of the seven food
packages available
under the program.
Food Packages I, II,
and IV contain age
distinctions. (e)(1)
Food Package
I_Infants birth
through 5 months_(i)
Participant category
served. This food
package is designed
for issuance to
infant participants
from birth through
age 5 months who do
not have a condition
qualifying them to
receive Food Package
III. (ii) Infant
feeding
categories_(A) Birth
to one month. Three
infant feeding
options are
available during the
first month after
birth(B) . . . One
through 5 months.
Three infant feeding
options are
available from 1
month through 5
months . . . (2)
Food Package
II_Infants 6 through
11 months_(i)
Participant category
served. This food
package is designed
for issuance to
infant participants
from 6 through 11
months of age . . .
(4) Food Package
IV_Children 1
through 4 years_(i)
Participant category
served. This food
package is designed
for issuance to
participants 1
through 4 years of
age.
[[Page 73196]]
Commodity Supplemental Food Sec. 5, Pub. L. 93- Section 247.1 defines 7 CFR part 247.
Program. 86, 87 Stat. 249, as ``children'' as
added by Sec. meaning persons who
1304(b)(2), Pub. L. are at least 1 year
95-113, 91 Stat. 980 of age but have not
(7 U.S.C. 612c reached their sixth
note); sec. 1335, birthday.
Pub. L. 97-98, 95 Section 247.1 defines
Stat. 1293 (7 U.S.C. ``elderly persons''
612c note); sec. as meaning persons
209, Pub. L. 98-8, at least 60 years of
97 Stat. 35 (7 age.
U.S.C. 612c note); Section 247.1 defines
sec. 2(8), Pub. L. ``infants'' as
98-92, 97 Stat. 611 meaning persons
(7 U.S.C. 612c under 1 year of age.
note); sec. 1562,
Pub. L. 99-198, 99
Stat. 1590 (7 U.S.C.
612c note); sec.
101(k), Pub. L. 100-
202; sec. 1771(a),
Pub. L. 101-624, 101
Stat. 3806 (7 U.S.C.
612c note); sec
402(a), Pub. L. 104-
127, 110 Stat. 1028
(7 U.S.C. 612c
note); sec. 4201,
Pub. L. 107-171, 116
Stat. 134 (7 U.S.C.
7901 note); sec.
4221, Pub. L. 110-
246, 122 Stat. 1886
(7 U.S.C. 612c note).
Food Stamp and Food Distribution 7 U.S.C. 2011-2036... Section 271.2 defines 7 CFR part 271
Program. ``elderly or
disabled member'' as
meaning a member of
a household who: (1)
Is 60 years of age
or older.
Section 271.2 defines 7 CFR part 273
``Thrifty food
plan'' as meaning
the diet required to
feed a family of
four persons
consisting of a man
and a woman 20
through 50, a child
6 through 8, and a
child 9 through 11
years of age,
determined in
accordance with the
Secretary's
calculations.
Section 273.1 defined
``Elderly and
disabled persons''
as meaning an
otherwise eligible
member of a
household who is 60
years of age or
older and is unable
to purchase and
prepare meals
because he or she
suffers from a
disability
considered permanent
under the Social
Security Act or a
non-disease-related,
severe, permanent
disability may be
considered.
Section 273.1(b)
outlines special
household
requirements. (b)
Special household
requirements_(1)
Required household
combinations. The
following
individuals who live
with others must be
considered as
customarily
purchasing food and
preparing meals with
the others, even if
they do not do so,
and thus must be
included in the same
household, unless
otherwise
specified.(i)
Spouses; (ii) A
person under 22
years of age who is
living with his or
her natural or
adoptive parent(s)
or step-parent(s);
and (iii) A child
(other than a foster
child) under 18
years of age who
lives with and is
under the parental
control of a
household member
other than his or
her parent. A child
must be considered
to be under parental
control for purposes
of this provision if
he or she is
financially or
otherwise dependent
on a member of the
household, unless
State law defines
such a person as an
adult.
Section 273.1(d)
outlines head of
household
requirements. When
designating the head
of household, the
State agency shall
allow the household
to select an adult
parent of children
(of any age) living
in the household, or
an adult who has
parental control
over children (under
18 years of age)
living in the
household, as the
head of household
provided that all
adult household
members agree to the
selection.
[[Page 73197]]
Section
273.4(a)(4)(iii)
outlines household
members meeting
citizenship or alien
status requirements.
An unmarried
dependent child of
such Hmong or
Highland Laotian who
is under the age of
18 or if a full-time
student under the
age of 22; an
unmarried child
under the age of 18
or if a full time
student under the
age of 22 of such a
deceased Hmong or
Highland Laotian
provided the child
was dependent upon
him or her at the
time of his or her
death; or an
unmarried disabled
child age 18 or
older if the child
was disabled and
dependent on the
person prior to the
child's 18th
birthday. For
purposes of this
paragraph
(a)(4)(iii), child
means the legally
adopted or
biological child of
the person described
in paragraph
(a)(4)(i) of this
section,
Section
273.4(a)(5)(ii)
outlines household
members meeting
citizenship or alien
status requirements
which includes an
alien who has been
subjected to a
severe form of
trafficking in
persons and who is
under the age of 18,
to the same extent
as an alien who is
admitted to the
United States as a
refugee under
Section 207 of the
INA;
Section
273.4(a)(5)(iii)
outlines household
members meeting
citizenship or alien
status requirements
which includes the
spouse, child,
parent or unmarried
minor sibling of a
victim of a severe
form of trafficking
in persons under 21
years of age, and
who has received a
derivative T visa,
to the same extent
as an alien who is
admitted to the
United States as a
refugee under
Section 207 of the
INA.
Section
273.4(a)(5)(iv)
outlines household
members meeting
citizenship or alien
status requirements
which includes the
spouse or child of a
victim of a severe
form of trafficking
in persons 21 years
of age or older, and
who has received a
derivative T visa,
to the same extent
as an alien who is
admitted to the
United States as a
refugee under
Section 207 of the
INA.
Section
273.4(a)(6)(ii)(A)
outlines the
criteria for a
qualified alien
which includes an
alien age 18 or
older lawfully
admitted for
permanent residence
under the INA who
has 40 qualifying
quarters as
determined under
Title II of the SSA,
including qualifying
quarters of work not
covered by Title II
of the SSA, based on
the sum of: quarters
the alien worked;
quarters credited
from the work of a
parent of the alien
before the alien
became 18 (including
quarters worked
before the alien was
born or adopted);
and quarters
credited from the
work of a spouse of
the alien during
their marriage if
they are still
married or the
spouse is deceased.
Section
273.4(a)(6)(ii)(G)(3
) outlines the
criteria for a
qualified alien with
military connections
which includes the
spouse and unmarried
dependent children
of a person
described in
paragraph
(a)(6)(ii)(G)(1) or
(2) of this section,
including the spouse
of a deceased
veteran, provided
the marriage
fulfilled the
requirements of 38
U.S.C. 1304, and the
spouse has not
remarried. An
unmarried dependent
child for purposes
of this paragraph
(a)(6)(ii)(G)(3) is:
a child who is under
the age of 18 or, if
a full-time student,
under the age of 22;
such unmarried
dependent child of a
deceased veteran
provided such child
was dependent upon
the veteran at the
time of the
veteran's death; or
an unmarried
disabled child age
18 or older if the
child was disabled
and dependent on the
veteran prior to the
child's 18th
birthday. For
purposes of this
paragraph
(a)(6)(ii)(G)(3),
child means the
legally adopted or
biological child of
the person described
in paragraph
(a)(6)(ii)(G)(1) or
(2) of this section.
Section
273.4(a)(6)(ii)(I)
outlines the
criteria for a
qualified alien
which includes an
individual who on
August 22, 1996, was
lawfully residing in
the U.S., and was
born on or before
August 22, 1931.
Section
273.4(a)(6)(ii)(J)
outlines the
criteria for a
qualified alien
which includes an
individual who is
under 18 years of
age.
Section
273.4(a)(6)(iii)(A)
outlines qualified
aliens that must be
in a qualified
status for 5 years
before being
eligible to receive
food stamps which
includes an alien
age 18 or older
lawfully admitted
for permanent
residence under the
INA.
Section
273.4(c)(3)(vi)
outlines exempt
aliens which
includes a sponsored
alien child under 18
years of age of a
sponsored alien.
Section
273.4(c)(3)(vii) )
outlines exempt
aliens which
includes a citizen
child under age 18
of a sponsored alien.
Section 273.5 (b)(1)
outlines criteria
for student
eligibility for the
program which
includes be age 17
or younger or age 50
or older.
Section 273.5(b)(8)
outlines criteria
for student
eligibility for the
program which
includes a person
who is responsible
for the care of a
dependent household
member under the age
of 6.
[[Page 73198]]
Section 273.5(b)(9)
outlines criteria
for student
eligibility for the
program which
includes a person
who is responsible
for the care of a
dependent household
member who has
reached the age of 6
but is under age 12.
Section 273.5(b)(10)
outlines criteria
for student
eligibility for the
program which
includes a single
parent enrolled in
an institution of
higher education on
a full-time basis
(as determined by
the institution) and
be responsible for
the care of a
dependent child
under age 12.
Section 273.5(b)(4)
states that if the
household is unable
to provide an SSN or
proof of application
for an SSN at its
next recertification
within 6 months
following the baby's
birth, the State
agency shall
determine if the
good cause
provisions of
paragraph (d) of
this section are
applicable.
Section
273.7(b)(1)(i)
outlines exemptions
from work
requirements which
includes a person
younger than 16
years of age or a
person 60 years of
age or older and a
person age 16 or 17
who is not the head
of a household or
who is attending
school, or is
enrolled in an
employment training
program, on at least
a half-time basis,
is also exempt. If
the person turns 16
(or 18 under the
preceding sentence)
during a
certification
period, the State
agency must register
the person as part
of the next
scheduled
recertification
process, unless the
person qualifies for
another exemption.
Section
273.9(b)(1)(v)
defines income which
includes the phrase
this provision does
not apply to
household members
under 19 years of
age who are under
the parental control
of another adult
member, regardless
of school attendance
and/or enrollment.
Section 273.9(d)(4)
outlines income
deduction which
include dependent
care stating the
maximum monthly
dependent care
deduction amount
households shall be
granted under this
provision is $200 a
month for each
dependent child
under two (2) years
of age and $175 a
month for each other
dependent.
Section
273.10(e)(2)(i)(A)
outlines eligibility
benefits states
households which
contain an elderly
or disabled member
as defined in Sec.
271.2.
Section
273.10(e)(2)(i)(B)
outlines eligibility
benefits which
states in addition
to meeting the net
income eligibility
standards,
households which do
not contain an
elderly or disabled
member shall have
their gross income,
as calculated in
accordance with
paragraph
(e)(1)(i)(A) of this
section, compared to
the gross monthly
income standards
defined in Sec.
273.9(a)(1).
Section
273.10(e)(2)(i)(D)
outlines eligibility
benefits which
states if a
household contains a
member who is 59
years old on the
date of application,
but who will become
60 before the end of
the month of
application, the
State agency shall
determine the
household's
eligibility in
accordance with
paragraph
(e)(2)(i)(A) of this
section.
Section 273.24(c)(1)
outlines exceptions
for when the time
limit does not apply
to an individual
which include a
person under 18 or
50 years of age or
older.
Section 273.24(c)(3)
outlines exceptions
for when the time
limit does not apply
to an individual
which include a
parent (natural,
adoptive, or step)
of a household
member under age 18,
even if the
household member who
is under 18 is not
himself eligible for
food stamps.
Section 273.24(c)(4)
outlines exceptions
for when the time
limit does not apply
to an individual
which include a
person residing in a
household where a
household member is
under age 18, even
if the household
member who is under
18 is not himself
eligible for food
stamps.
[[Page 73199]]
National School Lunch Program..... 42 U.S.C. 1751-1760, Section 210.2 defines 7 CFR part 210.
1779. ``Child'' as meaning
a (a) a student of
high school grade or
under as determined
by the State
educational agency,
who is enrolled in
an educational unit
of high school grade
or under as
described in
paragraphs (a) and
(b) of the
definition of
``School,''
including students
who are mentally or
physically disabled
as defined by the
State and who are
participating in a
school program
established for the
mentally or
physically disabled;
or (b) a person
under 21
chronological years
of age who is
enrolled in an
institution or
center as described
in paragraph (c) of
the definition of
``School;'' or (c)
For purposes of
reimbursement for
meal supplements
served in
afterschool care
programs, an
individual enrolled
in an afterschool
care program
operated by an
eligible school who
is 12 years of age
or under, or in the
case of children of
migrant workers and
children with
disabilities, not
more than 15 years
of age.
Section 12(d) defines
``Child'' as meaning
an individual,
regardless of age,
who_(i) is
determined by a
State educational
agency, in
accordance with
regulations
prescribed by the
Secretary, to have
one or more
disabilities; and
(ii) is attending
any institution, as
defined in section
17(a), or a
nonresidential
public or nonprofit
private school of
high school grade or
under, for the
purpose of
participating in a
school program
established for
individuals with
disabilities.
School Breakfast Program.......... 42 U.S.C. 1773, 1779. Section 220.2 defines 7 CFR part 220.
``Child'' as meaning
a (1) A student of
high school grade or
under as determined
by the State
educational agency,
who is enrolled in
an educational unit
of high school grade
or under as
described in
paragraphs (1) and
(2) of the
definition of
``School'',
including students
who are mentally or
physically disabled
as defined by the
State and who are
participating in a
school program
established for the
mentally or
physically disabled;
or (2) a person
under 21
chronological years
of age who is
enrolled in an
institution or
center as described
in paragraph (3) of
the definition of
School in this
section.
Child and Adult Care Food Program. 42 U.S.C. 1766....... Section 1766 outlines 7 CFR part 226.
that reimbursement
may be provided
under this section
only for supplements
served to school
children who are not
more than 18 years
of age, except that
the age limitation
provided by this
subsection shall not
apply to a child.
Section 1766(a)(3)
and 7 CFR 226.2
outlines that
reimbursement are
permitted for meals
served to children
through the age of
12, children of
migrant workers
through the age of
15, and persons with
disabilities, in
child care centers
and day care homes.
Section 1766(o)(1)
and 7 CFR 226.2
outlines that adult
day care centers
receive
reimbursement for
meals served to
enrolled adults who
are functionally
impaired or age 60
and older.
Section 1766(t)(5);
and 7 CFR 226.2
outlines that
reimbursement are
permitted for
emergency shelters
for up to three
meals served each
day to residents age
18 and younger.
Section 1766(r) and 7
CFR 226.17a(c)
outlines that
reimbursement are
permitted in at-risk
afterschool care
programs for meals
served during the
regular school year
to children through
the age of 18.
Summer Food Service Program....... 42 U.S.C. 1761....... Section 1761(a)(1)(B) 7 CFR part 225.
and 7 CFR 225.2
outlines that
Children age 18 and
under may receive
meals through SFSP.
A person 19 years of
age and over who has
a mental or physical
disability (as
determined by a
State of local
educational agency)
and who participates
during the school
year in a public or
private non-profit
school program
(established for the
mentally or
physically disabled)
is also eligible to
receive meals. In
certain
circumstances,
pregnant women who
receive Early Head
Start services are
also eligible to
receive meals
through SFSP if they
are age 18 or under.
To establish
eligibility,
prospective mothers
must be enrolled in
Early Head Start and
be eligible to
receive school meals
through the NSLP or
another child
nutrition program.
----------------------------------------------------------------------------------------------------------------
Forest Service
----------------------------------------------------------------------------------------------------------------
National Parks and Federal 16 U.S.C. 6808h...... Section 6808h(b)(1) None.
Recreational Lands Pass. AGE DISCOUNT._The
Secretary shall make
the National Parks
and Federal
Recreational Lands
Pass available, at a
cost of $10.00, to
any United States
citizen or person
domiciled in the
United States who is
62 years of age or
older, if the
citizen or person
provides adequate
proof of such age
and such citizenship
or residency.
----------------------------------------------------------------------------------------------------------------
[[Page 73200]]
Natural Resources Conservation Service
----------------------------------------------------------------------------------------------------------------
Agriculture Conservation 16 U.S.C. 3851....... Section 1252 None.
Experienced Services (ACES). authorizes and
directs the
Secretary to
``establish a
conservation
experienced services
program (in this
section referred to
as the ``ACES
Program'') for the
purpose of utilizing
the talents of
individuals who are
age 55 or older, but
who are not
employees of the
Department of
Agriculture or a
State agriculture
department, to
provide technical
services in support
of the conservation-
related programs and
authorities carried
out by the
Secretary.''
----------------------------------------------------------------------------------------------------------------
Rural Development
----------------------------------------------------------------------------------------------------------------
Section 504 Origination Loans and 42 U.S.C. 1474....... Section 504 loans and 7 CFR 3550.101 et seq.
Grants. grants are intended
to help very low-
income owner-
occupants in rural
areas repair their
properties. Section
3550.103 provides
that ``to be
eligible for grant
assistance, an
application must be
62 years of age or
older at the time of
the application.''
Section 515 Rural Rental Housing 42 U.S.C. 1490a...... Under the Direct 7 CFR part 3560.
Loans Program Section 521 Rental Multi-Family Housing
Assistance Program. Loan and Grants,
Section 515 Rural
Rental Housing
program supplies
apartments for
elderly and disabled
people that are
equipped with
special amenities.
USDA provides
assistance through
the separately
appropriated Section
521 Rental
Assistance Program,
which brings
tenants' rent down
to 30 percent of
their adjusted
incomes. Section
3560 defines
``elderly person''
as ``a person who is
at least 62 years
old.''
----------------------------------------------------------------------------------------------------------------
National Institute of Food and Agriculture
----------------------------------------------------------------------------------------------------------------
Secondary Education, Two-Year 7 U.S.C. 3152(j)..... Section 1417(j) None.
Postsecondary Education, and directs the
Agriculture in the K-12 Classroom Secretary to
Challenge Grants Program. ``promote
complementary and
synergistic linkages
among secondary, 2-
year postsecondary,
and higher education
programs in the food
and agricultural
sciences in order to
promote excellence
in education and
encourage more young
Americans to pursue
and complete a
baccalaureate or
higher degree in the
food and
agricultural
sciences.'' The Act
further empowers the
Secretary to make
competitive or
noncompetitive
grants to public
secondary schools,
institutions of
higher education
that award an
associate's degree,
other institutions
of higher education,
and nonprofit
organizations [to] .
. . (C) to interest
young people in
pursuing higher
education in order
to prepare for
scientific and
professional careers
in the food and
agricultural
sciences; . . . and
(G) to support
current agriculture
in the classroom
programs for grades
K-12.
Hispanic-Serving 7 U.S.C. 3243, as Section 1456(e)(1), 7 CFR part 3434.
Institutions_Competitive Grants amended. as amended by the
Program for Hispanic Agricultural Agricultural Act of
Workers and Youth. 2014, states that
the ``Secretary
shall establish a
competitive grants
program . . . (B) to
award competitive
grants to Hispanic-
serving agricultural
colleges and
universities to
provide for training
in the food and
agricultural
sciences of Hispanic
agricultural workers
and Hispanic youth
working in the food
and agricultural
sciences.
Girl Scouts of the United States 7 U.S.C. 7630, as Section 410(d). None.
of America, the Boy Scouts of amended. Grants for Youth
America, the National 4-H Organizations of the
Council, and the National FFA Agricultural,
Organization. Research, Extension
and Education Reform
Act of 1998, directs
the Secretary to
make grants
available to the
designated youth
organizations for
the organizations'
establishment of
pilot projects to
expand their
programs in rural
areas and small
towns. Eligibility
is limited to the
four statutorily-
identified youth
organizations.
Youth Farm Safety and Education 7 U.S.C. 341, et The primary purpose 29 CFR part 570, subpart E-1.
Certification (YFSEC). seq.; 7 U.S.C. of program is to
343(d). develop a
coordinated approach
to agricultural
safety and health
education for youth.
YFSEC Program
notices define
``youth'' as
``children or
adolescents who have
reached their 12th
birthday; but not
their 20th
birthday.''
Expanded Food and Nutrition 7 U.S.C. 3175........ Section 1425 7 CFR part 15, subpart A.
Education Program (EFNEP). authorizes a
national education
program to enable
low-income
individuals and
families. Through
EFNEP, the
Department delivers
several ``youth''
programs that offer
education on
nutrition, food
preparation, and
food safety.
[[Page 73201]]
The Children, Youth, and Families 7 U.S.C. 341, et Section 3(d) of the 7 CFR part 3015, 7 CFR part
At-Risk Sustainable Community seq.; 7 U.S.C. Smith-Lever Act 3019, 7 CFR part 3430.
Projects (CYFAR SCP). 343(d). authorizes the
Department to
administer the CYFAR
SCP. Per Program
notices, CYFAR SCP
supports community
educational programs
for at-risk
children, youth, and
families which are
based on locally
identified needs,
soundly grounded in
research, and which
lead to the
accomplishment of
one of four CYFAR
National Outcomes;
and (2) [t]o
integrate CYFAR
programming into
ongoing Extension
programs for
children, youth, and
families_insuring
that at-risk, low
income children,
youth, and families
continue to be part
of Extension and/or
4-H programs and
have access to
resources and
educational
opportunities.
----------------------------------------------------------------------------------------------------------------
Risk Management Agency
----------------------------------------------------------------------------------------------------------------
Federal Crop Insurance Program.... 7 U.S.C. 1501........ Per the Crop 7 CFR parts 400, 402, 457.
Insurance Handbook,
which provides the
official FCIC
approved
underwriting
standards for
policies
administered by
Approved Insurance
Providers under the
Common Crop
Insurance Policy
Basic Provisions, 7
CFR part 457
including the
Catastrophic Risk
Protection
Endorsement, 7 CFR
part 402, and the
Actual Production
History Regulation 7
CFR part 400 Subpart
G for the 2014 and
succeeding crop
years, to be
eligible for crop
insurance the
applicant must be of
``legal majority.''
Legal majority is
defined as ``where
the individual has
reached 18 years old
or was conferred
legal majority by a
court. (1) For
individuals less
than 18 years of age
or where legal
majority has not
been conferred by a
court, to be
eligible for crop
insurance: (a) A
minor must provide
evidence an
insurable share
exists; and (b) a
court-appointed
guardian or parent
must co-sign the
application. (2)
When a court-
appointed guardian
or parent cosigns
the application: (a)
An acknowledgement
guaranteeing payment
of the annual
premium must be
included with the
application; and (b)
a written statement
describing the
farming operation
and the insurable
share must be
provided. (3) For
CAT coverage only, a
minor who is
competent to enter
into a binding
contract, may insure
a crop at CAT level
without a cosigner;
however, if not
competent to enter
into a binding
contract, a court-
appointed guardian
or parent must sign
the application.''
----------------------------------------------------------------------------------------------------------------
Dated: November 17, 2014.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2014-28452 Filed 12-9-14; 8:45 am]
BILLING CODE P