What is the Nine Agency Rule?
The U.S. Department of Agriculture’s (USDA) Office of the Assistant Secretary for Civil Rights (OASCR) enforces the Nine Agency Rule under the authority delegated by the Secretary of Agriculture, pursuant to 7 C.F.R. § 2.25 (a)(1)(3). The Nine Agency Rule is designed to ensure that USDA programs of civil rights, including program delivery, compliance, and equal employment opportunity, adhere to all governing laws, rules, and regulations, including related Executive Orders and Congressional mandates.
On February 14, 2021, President Joseph R. Biden, Jr., signed Executive Order 14015, establishing the White House Office of Faith-Based and Neighborhood Partnerships, emphasizing the importance of partnering with civil society, including faith-based and secular organizations, to serve people in need while adhering to all governing laws. This Executive Order revoked Executive Order 13831 and reinstated key provisions to protect religious liberty.
Key Provisions of the Nine Agency Rule
- Equal Access for Faith-Based Organizations
- Under 7 CFR § 16, faith-based organizations are eligible to access and participate in USDA assistance programs on the same basis as any other organization. USDA and its intermediaries must not discriminate against or for an organization based on its religious character, motives, affiliation, or lack thereof.
- Non-Discrimination Against Beneficiaries
- Organizations receiving direct or indirect Federal financial assistance from USDA must not discriminate against current or prospective beneficiaries based on religion, religious belief, refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
- Separation of Religious Activities
- Organizations that receive USDA direct assistance must separate any explicitly religious activities in time or location from the programs or services funded by USDA direct assistance, ensuring participation in such activities is voluntary. This restriction does not apply to indirect Federal financial assistance.
- Notification Requirements
- Recipients administering USDA social service programs must notify beneficiaries or prospective beneficiaries of their right to be free from religious discrimination and how to report violations.
- Alternative Providers
- If a beneficiary objects to the religious character of a faith-based provider, the USDA awarding agency must make reasonable efforts to refer the beneficiary to an alternative provider.
- Protections for Faith-Based Providers
- Faith-based providers can compete equally with secular organizations for USDA awards while retaining their religious character, provided they comply with all applicable regulations.
Examples of Nine Agency Rule Violations
- Denied Service Based on Religious Beliefs
- A food pantry volunteer denies service to an individual wearing a religious head covering and makes derogatory remarks about their faith.
- Discriminatory Practices by Service Providers
- A service provider receiving USDA funds denies services to a homeowner based on their perceived religion, using offensive language, and failing to address the discrimination.
How to File a Complaint
Any individual who believes they have been discriminated against based on religion, religious belief, refusal to hold a religious belief, or refusal to attend or participate in a religious practice may file a complaint with OASCR. To file a complaint, visit www.usda.gov/oascr/filing-program-discrimination-complaint-usda-customer.
Contact Us
If you have any questions or would like technical assistance, please contact the USDA Office of the Assistant Secretary for Civil Rights by visiting www.usda.gov/oascr/home.
You may contact the Office of the Assistant Secretary for Civil Rights, Information Research Service, at (866) 632-9992 (toll-free) or send an email to the Office of the Assistant Secretary for Civil Rights at CR-INFO@usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities may contact us through the Telecommunication Relay Service at 711 or (800) 845-6136 (Spanish).