to overcome the effects of such past or present discrimination.

(b) Recruitment patterns. A recipient shall not recruit primarily or exclusively at entities which furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of this subpart.

§ 15a.54 Compensation.

A recipient shall not make or enforce any policy or practice which, on the basis of sex:

(a) Makes distinctions in rates of pay or other compensation;

(b) Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

§ 15a.55 Job classification and structure. A recipient shall not:

(a) Classify a job as being for males or for females;

(b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or

(c) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question as set forth in § 15a.61.

§ 15a.56 Fringe benefits.

(a) "Fringe benefits" defined. For purposes of this part, "fringe benefits" means: Any medical, hospital, accident, life insurance or retirement benefit, service, policy or plan, any profit-sharing or bonus plan, leave and any other benefit or service of employment not subject to the provision of § 15a.54.

(b) Prohibitions. A recipient shall not:

(1) Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe

benefits available to spouses, families, or dependents of employees differently upon the basis of the employee's sex;

(2) Administer, operate, offer, or participate in a fringe benefit plan which does not provide either for equal periodic benefits for members of each sex or for equal contributions to the plan by such recipient for members of each sex; or

(3) Administer, operate, offer, or participate in a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which otherwise discriminates in benefits on the basis of

sex.

§ 15a.57 Marital or parental status.

(a) General. A recipient shall not apply any policy or take any employment action:

(1) Concerning the potential marital, parental, or family status of an employee or applicant for employment which treats persons differently on the basis of sex; or

(2) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit.

(b) Pregnancy. A recipient shall not discriminate against or exclude from employment any employee or applicant for employment on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

(c) Pregnancy as a temporary disability. A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom and any temporary disability resulting therefrom as any other temporary disability for all job-related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment.

(d) Pregnancy leave. In the case of a recipient which does not maintain a leave policy for its employees, or in the case of an employee with insuffi

cient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status which she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

§ 15a.58 Effect of State or local law or other requirements.

(a) Prohibitory requirements. The obligation to comply with this subpart is not obviated or alleviated by the existence of any State or local law or other requirement which imposes prohibitions or limits upon employment of members of one sex which are not imposed upon members of the other

sex.

(b) Benefits. A recipient which provides any compensation service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex.

§ 15a.59 Advertising.

A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide occupational qualification for the particular job in question.

§ 15a.60 Pre-employment inquiries.

(a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is "Miss or Mrs."

(b) Sex. A recipient may make preemployment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part.

§ 15a.61 Sex as a bona-fide occupational qualification.

A recipient may take action otherwise prohibited by this subpart provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section which is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex.

Subpart F-Procedures (Interim)

§ 15a.71 Interim procedures.

For the purposes of implementing this part during the period between its effective date and the final issuance by the Department of a consolidated procedural regulation applicable to Title IX and other civil rights authorities administered by the Department, the procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference. These procedures may be found at 7 CFR 15.5-15.11 and 7 CFR 15.60 et seq.

APPENDIX

Programs covered by Title IX include, but are not limited to, the following:

1. Community Facilities Program. 7 U.S.C. 1926(a)(1).

2. Permits for use of National Forests. 16 U.S.C. 497; 16 U.S.C. 432; 7 U.S.C. 1011(c), (d).

3. Permits for use of Government-owned improvements and land used therewith by other than individuals at a nominal charge. 16 U.S.C. 580d.

4. Revenue sharing payment to States: (a) Payment of 25 percent of National Forest receipts to States for schools and roads. 16 U.S.C. 500. (b) Payment to New Mexico and Arizona of proportion of National Forest receipts for common-school fund. Sections 6

and 24, Act of June 20, 1910. 36 Stat. 557, 562, 573. (c) Payment of 25 percent of net revenues from Title III, Bankhead-Jones Farm Tenant Act, lands to counties for school and road purposes. 7 U.S.C. 1012.

5. Technical assistance in forest management. 16 U.S.C. 568c, 568d.

6. General forestry assistance. Annual Appropriation Acts commencing with the Department Appropriation Act of 1905; Organic Act of 1862, 7 U.S.C. 2201.

7. Financial assistance to private timber organizations to carry out timber development programs. 40 U.S.C. 204.

8. Advance of funds for cooperative research. 16 U.S.C. 581i-1.

9. Research cooperation. 16 U.S.C. 581 et seq.

10. Grants for research. 7 U.S.C. 450i. 11. Food Distribution Program. 7 U.S.C. 612c, 1431; 42 U.S.C. 1755, 1758, 1761; 42 U.S.C. 1777.

12. National School Lunch Program. 42 U.S.C. 1751 et seq.

13. Special Milk Program. 42 U.S.C. 1772. 14. School Breakfast Program. 42 U.S.C. 1773.

15. Special Food Service Program for Children. 42 U.S.C. 1761.

16. Special Supplemental Food Program for Women, Infants, and Children. 42 U.S.C. 1786.

17. Cash grants to States for nutrition education. 42 U.S.C. 1787, 1788.

18. Advisory services studies for farmers cooperatives. 7 U.S.C. 451-457.

19. Cooperative Agricultural Extension Service. 7 U.S.C. 341-349; D.C. Code 31-1609. 20. Resource Conservation and Development Program. 16 U.S.C. 590a.

21. Educational Aspects of Agricultural Marketing Act, 7 U.S.C. 1623-1624.

22. Hatch Act research programs. 7 U.S.C. 361a-i.

23. Experiment Station Research Facilities. 7 U.S.C. 390a-k.

24. McIntire-Stennis Cooperative Forestry Research Program. 16 U.S.C. 582a-582a-7.

25. Rural Development and Small Farm Research and Education Program, 7 U.S.C. 2661 et seq.

26. Youth Conservation Corps. 16 U.S.C. 1701 et seq.

27. Young Adult Conservation Corps. 29 U.S.C. 993 et seq.

28. Agricultural Research and Education Grants Program. 7 U.S.C. 3151 et seq.

29. National Food and Human Nutrition Research and Extension Program. 7 U.S.C. 3171 et seq.

30. Animal Health and Disease Research Program. 7 U.S.C. 3191 et seq.

31. The 1890 Land-Grant College Funding Program. 7 U.S.C. 3221 et seq.

32. Solar Energy Research and Development Program. 7 U.S.C. 3241, 3261-62, 3271.

Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (hereinafter called the Act), pursuant to agreements entered into on and after January 1, 1967. Under the Act, the Government of the United States enters into Agricultural Commodities Agreements with governments of the importing countries or private trade entities, covering financing of the sale and exportation of agricultural commodities and products thereof including certain ocean transportation costs.

(2) An Agricultural Commodities Agreement may provide for one or more of the following: Sales for dollars on credit terms, sales for foreign currencies on credit terms which permit conversion to dollars, and sales for foreign currencies, except that an agreement with a private trade entity is limited to a sale for dollars on credit terms.

(3) The regulations in this subpart cover among other things, (i) the making of applications to the General Sales Manager, Office of the General Sales Manager, for authorizations to purchase agricultural commodities and products thereof, (ii) the issuance of purchase authorizations by the General Sales Manager, and (iii) the financing by Commodity Credit Corporation of the sale and exportation of such commodities or products thereof through private trade channels to the maximum extent practicable.

(b) Purchase authorizations and approval of vessels. (1) After approval of the participant's application, a purchase authorization will be issued by the General Sales Manager, OGSM. The participant or its authorized importers or agents will procure the commodities from the U.S. suppliers and will arrange for shipment in U.S.-flag vessels when use of such vessels is required. Following issuance of a purchase authorization, and on application, the Controller, Commodity Credit Corporation will issue letters of commitment to banking institutions designated by the participant and acceptable to CCC, unless the participant elects to procure the commodities under the reimbursement method of financing.

(2) The cost of ocean freight or ocean freight differential will be financed by CCC only when specifically provided for in the purchase authorization. Prior approval for the use of all vessels must be obtained from the appropriate office of the U.S. Department of Agriculture (§ 17.9(b)).

(c) Letters of commitment and reimbursement method of financing. (1) Under the letter of commitment method of financing the U.S. supplier of agricultural commodities will receive payment as provided in the regulations in this subpart under irrevocable letters of credit issued, confirmed or advised by a banking institution for the commodities and, when authorized in the purchase authorization and included as a part of the commodity cost, for the ocean freight or the ocean freight differential, and marine insurance. Notwithstanding any other provision of these regulations, if authorized by the purchase authorization, ocean freight differential shall be financed by CCC under the letter of commitment method of financing in cases where ocean freight is not included as a part of the commodity cost, subject to the applicable provisions of these regulations and such other provisions as may be specified in the purchase authorization. In such case, the U.S. supplier of ocean freight will receive payment for ocean freight differential as provided in these regulations and the purchase authorization under irrevocable letters of credit issued, confirmed or advised by a banking institution.

(2) Under the reimbursement method of financing, the U.S. supplier will obtain payment from the participant or its assignee as provided in the regulations in this subpart for the cost of commodities and, when authorized in the purchase authorization and included as a part of the commodity cost, for the ocean freight or the ocean freight differential, and marine insurance. When ocean freight or ocean freight differential is approved for financing on Form CCC-106 and is to be financed separately from the commodity cost, the supplier of ocean transportation will obtain payment from the participant or its assignee.

(3) To the extent provided in the regulations in this subpart, CCC will reimburse banking institutions for payments made under letters of commitment and CCC will reimburse the participant or its assignee for ocean freight or ocean freight differential financed separately from the commodity and for the commodities procured under the reimbursement method of financing.

(d) Advice of amount financed. Under the letter of commitment method of financing, the banking institutions will forward documents and advice of the amount financed by CCC to the approved applicant or to the bank or agency authorized by the approved applicant to open related letters of credit. Under the reimbursement method of financing, CCC will forward advice of payment to the participant or its assignee.

(e) Where information is obtainable. General information about purchase authorizations and related operations under the regulations in this subpart may be obtained from the Director, Program Operations Division, Office of the General Sales Manager, U.S. Department of Agriculture, Washington, D.C. 20250. Information about financing operations under these regulations including forms prescribed for use thereunder, may be obtained from the Controller, Commodity Credit Corporation, U.S. Department of Agriculture, Washington, D.C. 20250. The Office of the General Sales Manager will make public the issuance of each purchase authorization through a U.S. Department of Agriculture press announcement. A copy of each announcement will be made available to the Office of Small Business Administration to assist small business firms to have adequate and fair opportunity to participate as suppliers.

[31 FR 16818, Dec. 31, 1966; 32 FR 3935, Mar. 10, 1967, as amended at 33 FR 5137, Mar. 29, 1968; 37 FR 16669, Aug. 18, 1972]

§ 17.2 Definition of terms.

Terms used in the regulations in this subpart are defined or identified as follows, subject to amplification in subsequent sections:

(a) Terms relating to the United States, its agencies and officials. (1)

"AMS" means the Agricultural Marketing Service, U.S. Department of Agriculture.

(2) "CCC" means the Commodity Credit Corporation, U.S. Department of Agriculture.

(3) "Controller" means the Controller, Commodity Credit Corporation, or his designee.

(4) "ASCS" means the Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture.

(5) "ASCS Offices" means the ASCS Offices listed in § 17.16, and any other offices or agencies which may succeed to the functions of such offices.

(6) "FGIS" means the Federal Grain Inspection Service, U.S. Department of Agriculture.

(7) "OGSM" means the Office of the General Sales Manager, U.S. Department of Agriculture.

(8) “USDA" means the U.S. Department of Agriculture and includes all or any of the offices mentioned in paragraphs (a) (1) through (7) of this section.

(9) “Secretary” means the Secretary of Agriculture of the United States, or his designee.

(10) "General Sales Manager" and "GSM" mean the General Sales Manager, OGSM, or his designee.

(11) "United States" means the 50 States, the District of Columbia, and Puerto Rico.

(b) Terms relating to ocean transportation. (1) "Dry bulk carriers" mean irregularly scheduled vessels, other than tankers, commonly referred to as "tramps," which go where full cargoes are offered. Rates are negotiated covering the movement of a specific commodity, a specific quantity, at a specific time from a specific port or ports to specific destination port or ports.

(2) "Dry cargo liners" and "liners" are interchangeable terms meaning regularly scheduled vessels on specific trade routes. Shipments can be made on this service of part-cargoes (parcels) generally not exceeding 60 percent of the capacity of the vessel.

(3) "Tankers" mean vessels which are designed to carry full cargoes of liquids and which trade wherever full cargoes are offered. Because of compartmentation, tankers can carry a combination of cargoes, including bulk