Directive 113.1 

2/10/77 

 ACTION BY: All Divisions and Offices, AMS 

 Nondiscrimination - Agricultural 

 Marketing Service Programs 

 I PURPOSE 

 This Instruction: 

 A States the policy of the Agricultural Marketing Service (AMS) 

 on nondiscrimination in its programs and activities. 

 B Provides the rules and regulations of the U.S. Dept. of 

 Agriculture (7 CFR 15.1-15.52) on Nondiscrimination in 

 Federally Assisted Programs and in Direct USDA Programs 

 and Activities (see Exhibit A, attached). 

 C Outlines Agency responsibilities under the Civil Rights Act of 

 1964, Title VI. 

 D Sets forth procedures for handling complaints of 

 discrimination in AMS programs. 

 II POLICY 

 All AMS employees are charged by law and regulation to conduct official 

 business in such a manner that the Department does not directly or by 

 implication: 

 A Support, encourage, or condoae the practice of segregation or 

 other forms of discrimination; 

 B Conduct programs in ways that permit economic barriers or 

 social inhibitions to limit participation; or 

 C Provide separate or different services for reasons of race, 

 color, national origin, religion, or sex. 

 

 III DEPARTMENTAL RULES AND REGULATIONS 

 The rules and regulations, and amendments thereto, issued by the 

 Department, giving effect to the Civil Rights Act of 1964, are contained 

 in Exhibit A, attached. The Subparts contain the following: 

 A Subpart A (7 CFR 15.1-15.12) pertains to Nondiscrimination in 

 Federally Assisted Programs. This Subpart applies to the Federal- 

 State Marketing Improvement (FSMI) Program. 

 B Subpart B (7 CFR 15.50-15.52) pertains to Nondiscrimination in 

 Direct USDA Programs and Activities. This Subpart applies to all 

 AMS programs other than the FSMI Program. 

 IV RESPONSIBILITIES 

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 A The Administrator, AMS, is responsible for assuring that AMS 

 complies fully with the spirit and intent of the Civil Rights 

 Act of 1964 and Departmental and AMS Regulations 

 governing nondiscrimination. 

 B Deputy Administrators are responsible for continual program 

 review to insure conformance with Subparts A and B of the 

 rules and regulations contained in Exhibit A, attached, and 

 adherence to AMS policies covering nondiscrimination. 

 C Division Directors are responsible for: 

 1 Insuring that programs are operated in conformance with 

 AMS and Departmental civil rights regulations and overall 

 legal requirements of the Civil Rights Act of 1964, as 

 amended. 

 2 Insuring that all Division supervisory personnel are 

 trained in civil rights requirements. 

 3 Scheduling and conducting compliance reviews as set forth 

 in Section VII, below. 

 D The EEO Coordinator serves as the Civil Rights Coordinator for 

 AMS, and is responsible for: 

 1 Assisting in directing and coordinating the day-to-day 

 civil rights activities in AMS. 

 2 Serving as liaison with the Department for all AMS civil 

 rights programs, and for handling complaints of 

 discrimination and matters of compliance with the 

 office of Equal Opportunity (OEO). 

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 (IV D) 

 3 Coordinating reports and specific information requests 

 pertaining to the program. 

 4 Reviewing and approving instructions and new and revised 

 program regulations for compliance and conformance with 

 Agency policy on nondiscrimination 

 V IMPLEMENTATION 

 A Informing Employees. All AMS employees shall be made aware of 

 the AMS and USDA policies set forth in this Instruction. 

 B Nondiscrimination Clauses. 

 1 The following clause shall be included in all new or 

 revised program regulations not presently carrying the 

 statement; 

 "The conduct of all services and the licensing of inspecting/ 

 grading/sampling personnel under these regulations shall be 

 accomplished without discrimination as to race, color, 

 religion, sex, or national origin." 

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 2 In order to acquaint recipients of grading and inspection 

 services with AMS policy on nondiscrimination, the 

 following clause shall be, included on all reprints or 

 revisions of inspection and grading certificates: 

 "The conduct of all services and the licensing of inspecting/ 

 grading/sampling personnel under the regulations governing 

 such services shall be accomplished without discrimination 

 as to race, color, religion, sex, or national origin." 

 C Cooperative Agreements. As required by Departmental regulations 

 (4 AR 54), the following clause shall be included in all new or revised 

 cooperative agreements; 

 "In connection with the work performed under this Agreement, the 

 attached equal opportunity provisions prescribed by Executive 

 order 11246, as amended by Executive Order 11375, are hereby 

 made a part of this Agreement. Also attached and hereby made 

 a part of this Agreement is a certification of nonsegregated 

 facilities required by a Department of Labor order, dated 

` May 9, 1967 (32 C.F.R. 7439)." 

 The referenced attachments are applicable as required by rules, 

 regulations, and relevant orders of the Secretary of Labor 

 (41 CFR Ch. 60). Language appropriate for cooperative agreements will 

 be furnished by the Administrative Services Division. 

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 (V) 

 D Civil Rights Poster. The civil rights poster, And Justice For 

 A11, shall be displayed in all AMS offices, as well as in Federal- 

 State offices. 

 VI NONCOMPLIANCE 

 7 CFR Subparts A and B (see Exhibit A, attached) prohibit discrimination 

 as described. Situations not in accord with these regulations shall be 

 considered as constituting noncompliance. 

 VII COMPLIANCE REVIEWS 

 Regularly scheduled formal compliance reviews are the prescribed method 

 for insuring that AMS and Department nondiscrimination requirements are 

 being met. While compliance reviews may be conducted during the course 

 of a comprehensive field review, the compliance review itself will be a 

 separately identifiable part of the field review. 

 A Form To Be Used. Form AMS-570, Civil Rights 

 Compliance Review, shall be used to record the compliance review. Form 

 AMS-570 is primarily intended for civil rights compliance reviews 

 in AMS offices, but should also be used to the extent possible in 

 reviewing other types of cooperating agencies as described below. 

 Form AMS-570 shall be prepared in duplicate. The original shall 

 be sent to the Civil Rights Coordinator, and one copy 

 shall be retained in the Division. 

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 B Compliance Reviews of AMS Field Offices. Civil rights 

 compliance reviews of AMS field offices and Federal-State offices 

 operating under cooperative agreements with AMS should be 

 scheduled so that all offices are covered at least once every 

 two years. 

 C U.S. Warehouse Act. Compliance reviews of warehouses and 

 elevators will be scheduled in accordance with AMS 

 responsibilities under the U.S. Warehouse Act. 

 D Applicants and Users of AMS Services. While AMS Divisions 

 should not knowingly provide services to applicants or users 

 known to practice discrimination, Divisions do not have authority 

 to conduct civil rights compliance reviews or make civil rights 

 inquiries of applicants or users, or to conduct surveys of 

 employment to obtain minority worker data in warehouses, 

 elevators, or State agencies or offices operating under 

 cooperative agreements. Complaints involving applicants should 

 be handled in accordance with Section IX, below. 

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 VIII COMPLIANCE ENFORCEMENT 

 Procedures for enforcing compliance in federally assisted programs are 

 described in Exhibit A, attached (Subpart A, Sections 15.8-11). 

 Procedures for enforcing compliance in direct USDA programs provided 

 by AMS are described below. 

 A Situations indicating noncompliance must be recorded on 

 Form AMS-570, and must immediately be brought to the attention of the 

 party allegedly in noncompliance. Every effort must be made to achieve 

 voluntary compliance through correspondence, telephone calls, or 

 personal contact. In cases where an AMS office or employee is 

 determined to be in noncompliance, corrective action must be immediate. 

 B Inform the Civil Rights Coordinator of the noncompliance 

 situation and of informal efforts to resolve noncompliance. 

 C If within 60 days compliance has not been achieved through 

 informal methods, send full information regarding the case 

 through the Civil Rights Coordinator to the appropriate Deputy 

 Administrator. 

 D The Deputy Administrator, with assistance of the Civil 

 Rights Coordinator, shall: 

 1 Prepare a letter to the head of the organization in 

 question, describing the nondiscrimination requirements 

 of AMS program regulations and Department Administrative 

 Regulations. The letter shall: 

 a Present the AMS understanding of the compliance 

 problem and review informal efforts to obtain voluntary 

 compliance. 

 b Explain that in the absence of compliance, AMS 

 must move to enforce its regulations, and that the 

 recipient organization will be given an opportunity 

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 for a hearing prior to suspension, revocation, or 

 termination of the cooperative agreement or official 

 designation. (The hearing procedures outlined in 

 Exhibit A, Subpart A 15.9-10, apply.) 

 c State that should the cooperating agency withdraw 

 from the program, hearing and enforcement proceedings 

 will not be necessary and program participation will be 

 reconsidered at the time compliance is assured. 

 d Request a response within 10 days. 

 2 Send a copy of the letter to the Director, OEO. 

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 (VIII) 

 E If within 10 days there is a negative response or no response 

 from the cooperating agency, then the case, together with recommended 

 enforcement action, must be referred to the Director, OEO, for review. 

 F After consideration by the Director, OEO, the Administrator 

 will forward the case to the office of the General Counsel for legal 

 review and initiation of enforcement action necessary under applicable 

 Department regulations. 

 IX COMPLAINTS 

 A Right To File a Complaint. The civil rights poster, And 

 Justice For All, informs recipients of Department services of 

 their right to file a complaint of discrimination in an AMS 

 direct assistance program or federally assisted program. Any 

 person who complains of discriminatory treatment in connection 

 with an AMS direct or federally assisted program must be 

 informed of his right to file a complaint in accordance with 

 the following procedures: 

 1 Complaints alleging discrimination in a federally 

 assisted program must be filed by the individual or 

 his authorized representative not later than 180 days 

 from the date of the alleged discrimination. Complaints 

 alleging discrimination in a direct USDA program must be 

 filed not later than 90 days following the date of the 

 alleged discrimination, unless the Secretary extends 

 the time for filing. 

 2 Complaints must be in writing, although no special format 

 is required. Complaints may be directed to the Secretary 

 of Agriculture, Washington, DC, or to any AMS official. 

 Complaints will be accepted without regard to who is 

 making the complaint or to whom the complaint is directed. 

 Complaints submitted to AMS field personnel will be 

 forwarded through normal supervisory channels to the 

 Division Director. 

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 B Procedures for Handling Complaints. 

 1 Complaints directed to the Secretary may be referred to 

 AMS for resolution in accordance with Agency procedures 

 or directly to the Office of Investigation (OI). 

 Complaints received by OI will be handled in accordance 

 with OI procedures. 

 2 Complaints received directly by AMS or referred to AMS 

 by the Office of the Secretary will be sent immediately 

 to the AMS Civil Rights Coordinator for determination 

 of appropriate methods for handling. Generally, the 

 following guidelines will apply: 

 a Complaints alleging discrimination in a 

 federally assisted (Title VI) program will be referred 

 to OI with a copy to the Director, OEO, accompanied 

 by a proposed acknowledgment for signature. 

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 X B 2) 

 b Complaints alleging discrimination against an 

 employee of a cooperating agency by the cooperating 

 agency will be referred to the appropriate State Equal 

 Employment Opportunity Commission. The U.S. Equal 

 Employment Opportunity Commission may also be notified. 

 c Complaints alleging discrimination against an 

 applicant or user by a cooperating agency will be 

 referred to OI with a copy to the Director, OEO, 

 accompanied by a proposed acknowledgement for signature. 

 2 All complaints sent directly to AMS must be acknowledged 

 immediately by the recipient. Without committing the 

 Agency or the Department to any specific resolution, the 

 complainant must be advised of steps that will be taken to 

 process the complaint. A copy of the acknowledgment 

 should accompany the complaint when it is forwarded to the 

 Civil Rights coordinator. 

 X CIVIL RIGHTS ASPECTS OF ATTENDANCE AT MEETINGS 

 A AMS employees acting in official capacity shall not take part 

 in meetings or speak before groups where any racial group is 

 segregated or excluded from the meetings, from its facilities, 

 or from membership in the group. 

 B Approval to attend meetings that conflict with the standards 

 of this instruction must have the approval of the appropriate 

 Deputy Administrator. 

 Administrator 

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 Attachment 

 

 Attachment - Civil Rights Act of 1964 Title VI is not available 

 Please refer to the printed copy. 

 

Distribution: G07 

Responsible Office: OA 

 

 

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