Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From the U.S. Department of Agriculture, 73191-73201 [2014-28452]

Download as PDF 73191 Rules and Regulations Federal Register Vol. 79, No. 237 Wednesday, December 10, 2014 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. 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 U.S. Department of Agriculture. Direct final rule. AGENCY: 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, rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 FOR FURTHER INFORMATION CONTACT: Anna G. Stroman at (202) 205–5953 or at anna.stroman@ascr.usda.gov. SUPPLEMENTARY INFORMATION: The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ACTION: 1400 Independence Avenue SW., Washington, DC 20250. You can also submit adverse comments at https:// www.regulations.gov. 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10DER1.SGM 10DER1 73192 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 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. rmajette on DSK2VPTVN1PROD with RULES 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. VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 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 subrecipients 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 15cl 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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 § 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. § 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 E:\FR\FM\10DER1.SGM 10DER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 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 VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 (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. § 15c.3 Discrimination prohibited. (a) General. No person in the United States shall, on the basis of age, be excluded from participation in, be PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 73193 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 E:\FR\FM\10DER1.SGM 10DER1 73194 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 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. § 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 subrecipient 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. § 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. rmajette on DSK2VPTVN1PROD with RULES § 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 VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 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. § 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. § 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. § 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. E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations (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 Program 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. § 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 Statute 73195 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 distinction Regulation Farm Service Agency Farm Loan Programs ... 7 U.S.C. 1941 Persons Eligible For Loans. Section 761.2 defines ‘‘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. 7 CFR part 761. Food and Nutrition Service 7 U.S.C. 3007 Senior Farmers’ Market Nutrition Program. Special Supplemental Nutrition Program for Women, Infants, and Children. rmajette on DSK2VPTVN1PROD with RULES Senior Farmer’s Market Nutrition Program. 42 U.S.C. 1786 ........... VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Section 249.2 defines ‘‘senior’’ as meaning an individual 60 years of age or older, or as defined in § 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’’. Section 246.2 defines ‘‘children’’ as 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) 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. Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 7 CFR part 249. 7 CFR part 246. 73196 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations Program Statute Section and age distinction rmajette on DSK2VPTVN1PROD with RULES Commodity SuppleSec. 5, Pub. L. 93–86, mental Food Program. 87 Stat. 249, as added by Sec. 1304 (b)(2), Pub. L. 95– 113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, Pub. L. 98–8, 97 Stat. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98–92, 97 Stat. 611 (7 U.S.C. 612c 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 7 U.S.C. 2011–2036 ... Distribution Program. VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Regulation Section 247.1 defines ‘‘children’’ as meaning persons who are at least 1 year of age but have not reached their sixth birthday. Section 247.1 defines ‘‘elderly persons’’ as meaning persons at least 60 years of age. Section 247.1 defines ‘‘infants’’ as meaning persons under 1 year of age. 7 CFR part 247. Section 271.2 defines ‘‘elderly or disabled member’’ as meaning a member of a household who: (1) Is 60 years of age or older. Section 271.2 defines ‘‘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. 7 CFR part 271 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 7 CFR part 273 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES Program Statute Section and age distinction Regulation 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. VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 73197 10DER1 73198 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations Program Statute Section and age distinction Regulation rmajette on DSK2VPTVN1PROD with RULES 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 § 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 § 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. VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations Program Statute Section and age distinction National School Lunch Program. 42 U.S.C. 1751–1760, 1779. School Breakfast Program. 42 U.S.C. 1773, 1779 Child and Adult Care Food Program. 42 U.S.C. 1766 ........... Summer Food Service Program. 42 U.S.C. 1761 ........... Section 210.2 defines ‘‘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. Section 220.2 defines ‘‘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. Section 1766 outlines 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. Section 1761(a)(1)(B) 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. Regulation 7 CFR part 210. 7 CFR part 220. 7 CFR part 226. 7 CFR part 225. rmajette on DSK2VPTVN1PROD with RULES Forest Service National Parks and Federal Recreational Lands Pass. VerDate Sep<11>2014 16 U.S.C. 6808h ......... 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Section 6808h(b)(1) 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. Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 73199 10DER1 None. 73200 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations Program Statute Section and age distinction Regulation Natural Resources Conservation Service Agriculture Conservation Experienced Services (ACES). 16 U.S.C. 3851 ........... Section 1252 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.’’ None. Rural Development Section 504 Origination Loans and Grants. 42 U.S.C. 1474 ........... Section 515 Rural Rental Housing Loans Program Section 521 Rental Assistance Program. Section 504 loans and 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.’’ Under the Direct Multi-Family Housing 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.’’ 42 U.S.C. 1490a ......... 7 CFR 3550.101 et seq. 7 CFR part 3560. National Institute of Food and Agriculture 7 U.S.C. 3152(j) .......... Hispanic-Serving Institutions—Competitive Grants Program for Hispanic Agricultural Workers and Youth. 7 U.S.C. 3243, as amended. Girl Scouts of the United States of America, the Boy Scouts of America, the National 4–H Council, and the National FFA Organization. Youth Farm Safety and Education Certification (YFSEC). 7 U.S.C. 7630, as amended. Expanded Food and Nutrition Education Program (EFNEP). rmajette on DSK2VPTVN1PROD with RULES Secondary Education, Two-Year Postsecondary Education, and Agriculture in the K–12 Classroom Challenge Grants Program. 7 U.S.C. 3175 ............. VerDate Sep<11>2014 7 U.S.C. 341, et seq.; 7 U.S.C. 343(d). 12:45 Dec 09, 2014 Jkt 235001 PO 00000 Section 1417(j) directs the Secretary to ‘‘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. Section 1456(e)(1), as amended by the Agricultural Act of 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. Section 410(d). Grants for Youth Organizations of the Agricultural, 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. None. The primary purpose of program is to 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.’’ Section 1425 authorizes a national education program to enable lowincome individuals and families. Through EFNEP, the Department delivers several ‘‘youth’’ programs that offer education on nutrition, food preparation, and food safety. 29 CFR part 570, subpart E–1. Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 7 CFR part 3434. None. 7 CFR part 15, subpart A. Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 73201 Program Statute Section and age distinction Regulation The Children, Youth, and Families At-Risk Sustainable Community Projects (CYFAR SCP). 7 U.S.C. 341, et seq.; 7 U.S.C. 343(d). Section 3(d) of the Smith-Lever Act 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. 7 CFR part 3015, 7 CFR part 3019, 7 CFR part 3430. Risk Management Agency Federal Crop Insurance Program. 7 U.S.C. 1501 ............. Dated: November 17, 2014. Thomas J. Vilsack, Secretary. economic impact of label changes. On November 28, 2012, we established January 1, 2016, as the uniform compliance date for food labeling regulations issued between January 1, 2013, and December 31, 2014. DATES: This rule is effective December 10, 2014. Submit electronic or written comments by February 9, 2015. ADDRESSES: You may submit comments by any of the following methods: [FR Doc. 2014–28452 Filed 12–9–14; 8:45 am] BILLING CODE P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. 21 CFR Part 101 [Docket No. FDA–2000–N–0011 (Formerly Docket No. 2000N–1596)] Uniform Compliance Date for Food Labeling Regulations AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. The Food and Drug Administration (FDA or we) is establishing January 1, 2018, as the uniform compliance date for food labeling regulations that are issued between January 1, 2015, and December 31, 2016. We periodically announce uniform compliance dates for new food labeling requirements to minimize the rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:45 Dec 09, 2014 Jkt 235001 Per the Crop 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.’’ Written Submissions Submit written submissions in the following ways: • Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Instructions: All submissions received must include the Docket No. (FDA– 2000–N–0011) for this rulemaking. All comments received may be posted without change to https:// PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 7 CFR parts 400, 402, 457. www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ‘‘Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Michael Ellison, Center for Food Safety and Applied Nutrition (HFS–24), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240–402–2093. SUPPLEMENTARY INFORMATION: I. Background We periodically issue regulations requiring changes in the labeling of food. If the effective dates of these labeling changes were not coordinated, the cumulative economic impact on the food industry of having to respond E:\FR\FM\10DER1.SGM 10DER1

Agencies

DEPARTMENT OF AGRICULTURE

[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Rules and Regulations]
[Pages 73191-73201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28452]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anna G. Stroman at (202) 205-5953 or 
at anna.stroman@ascr.usda.gov.

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

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