Page images
PDF
EPUB

record is certified to the responsible or to have otherwise failed to comply agency official for decision or the offi- with this part, unless and until it corcial reviews the decision of an adminis- rects its noncompliance and satisfies trative law judge pursuant to para- the responsible agency official that it graph (a) of this section, or whenever will fully comply with this part. the responsible agency official con- (g) Post termination proceedings. (1) An ducts the hearing, the applicant or re- applicant or recipient adversely afcipient shall be given reasonable oppor

fected by an order issued under paratunity to file with the official briefs or graph (f) of this section shall be reother written statements of its conten- stored to full eligibility to receive Fedtions, and a written copy of the final eral financial assistance if it satisfies decision of the responsible agency offi

the terms and conditions of that order cial shall be sent to the applicant or re- for such eligibility or if it brings itself cipient and to the complainant, if any. into compliance with this section and

(c) Decisions on record where a hearing provides reasonable assurance that it is waived. Whenever a hearing is waived will fully comply with this part. pursuant to $18.9(a) a decision shall be (2) Any applicant or recipient admade by the responsible agency official

versely affected by an order entered on the record and a written copy of

pursuant to paragraph (f) of this secsuch decision shall be sent to the appli

tion may at any time request the recant or recipient, and to the complain

sponsible agency official to restore ant, if any.

fully its eligibility to receive Federal (d) Rulings required. Each decision of

financial assistance. Any such request an administrative law judge or respon

shall be supported by information sible agency official shall set forth a

showing that the applicant or recipient ruling on each finding, conclusion, or

has met the requirements of paragraph exception presented, and shall identify

(g)(1) of this section. If the responsible the requirements imposed by or pursu

agency official determines that those ant to this part with which it is found

requirements have been satisfied, the that the applicant or recipient has

official shall restore such eligibility. failed to comply.

(3) If the responsible agency official (e) Approval by Secretary. Any final

denies any such request, the applicant decision by administrative law

or recipient may submit a request for a judge which provides for the suspension

hearing in writing, specifying why it or termination of, or the refusal to

believes such official to have been in grant or continue Federal financial as

error. It shall thereupon be given an sistance, or the imposition of any other

expeditious hearing, with a decision on sanction available under this part of

the record, in accordance with rules of the Act, shall promptly be transmitted

procedure issued by the responsible to the Secretary personally, who may

agency official. The applicant or recipi

ent will be restored to such eligibility approve such decision, may vacate it, or remit or mitigate any sanction im

if it proves at such a hearing that it posed.

satisfied the requirements of paragraph (f) Content of orders. The final deci

(g)(1) of this section. While proceedings sion may provide for suspension or ter

under this paragraph are pending, the mination of, or refusal to grant or con

sanctions imposed by the order issued tinue Federal financial assistance, in

under paragraph (f) of this section shall whole or in part, under the program in

remain in effect. volved, and may contain such terms, [29 FR 19301, Dec. 31, 1964, as amended at 38 conditions, and other provisions as are

FR 17966, July 5, 1973. Designated subpart A consistent with and will effectuate the

at 45 FR 63268, Sept. 24, 1980, and amended at purposes of the Act and this part, in

51 FR 10384, Mar, 26, 1986] cluding provisions designed to assure

$ 18.11 Judicial review. that no Federal financial assistance will thereafter be extended under such

Action taken pursuant to section 602 program to the applicant or recipient

of the Act is subject to judicial review determined by such decision to be in

as provided in section 603 of the Act. default in its performance of an assur- [29 FR 19301, Dec. 31, 1964. Designated subpart ance given by it pursuant to this part, A at 45 FR 63268, Sept. 24, 1980)

an

ments or agencies, responsibilities ir connection with the effectuation of the purposes of Title VI of the Act and this part (other than responsibility for final decision as provided in § 18.10) including the achievement of effective coordina tion and maximum uniformity within the Department of Veterans Affairs and within the executive branch of the Government in the application of Title VI and this part to similar programs and in similar situations. Any action taken, determination made, or require ment imposed by an official of another department or agency acting pursuant to an assignment of responsibility under this paragraph shall have the same effect as though such action has been taken by the responsible officia of this Agency. (29 FR 19301, Dec. 31, 1964, as amended at 3: FR 17967, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 24, 1980)

$18.12 Effect on other regulations,

forms and instructions. (a) Effect on other regulations. All regulations, orders, or like directions issued before the effective date of this part by any officer of the Department of Veterans Affairs which impose requirements designed to prohibit any discrimination against individuals on the grounds of race, color or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof):

(1) Executive Orders 10925 (3 CFR, 1959–1963 Comp., p. 448), 11114 (3 CFR, 1959–1963, p. 774), and 11246 (3 CFR, 1965 Supp., p. 167) and regulations issued thereunder, or

(2) Executive Order 11063 (3 CFR, 1959–1963 Comp., p. 652) and regulations issued thereunder, or any other orders, regulations or instructions, insofar as such orders, regulations, or instructions prohibit discrimination on the grounds of race, color or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination any other ground.

(b) Forms and instructions. Each responsible agency officials shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.

(c) Supervision and coordination. The Secretary may from time to time assign to officials of the Department of Veterans Affairs or to officials of other departments or agencies of the Government with the consent of such depart

$ 18.13 Definitions.

As used in this part:

(a) The term agency means the Department of Veterans Affairs, and includes each of its operating agencies and other organization units.

(b) The term Secretary means the Secretary of Veterans Affairs.

(c) The term responsible agency officia with respect to any program receiving Federal financial assistance means the Secretary or other official of the Department of Veterans Affairs or an official of another department or agency to the extent the Secretary has delegated authority to such official.

(d) The term United States means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term State means any one of the foregoing.

(e) The term Federal financial assistance includes (1) grants of Federal funds, (2) the grant or donation of Federal property and interests in property. (3) the detail of Federal personnel, (4) 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 without

on

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 or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(f) The term program, except those specifically excluded in $18.2, includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals conducted under a law administered by the Department of Veterans Affairs, including but not limited to the programs and activities listed in appendix A to this subpart. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.

(g) The term facility includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(h) The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in the United States, to whom Federal financial assistance is tended, directly or through another recipient, for any program, including any successor, assignee,

transferee thereof, but such term does not include any ultimate beneficiary under any such program.

ex

or

(i) The term applicant means a person who submits an application, request, or plan required to be approved by the Secretary, or by a recipient, as a condition to eligibility for Federal financial assistance, and application means such an application, request, or plan. (29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17967, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 24, 1980, and amended at 51 FR 10385, Mar. 26, 1986)

APPENDIX A TO SUBPART A OF PART 18

STATUTORY PROVISIONS TO WHICH
THIS SUBPART APPLIES

1. Payments to State homes (38 U.S.C. 17411743).

2. State home facilities for furnishing domiciliary, nursing home, and hospital care (38 U.S.C. 8131-8137).

3. Space and office facilities for representatives of recognized national organizations (38 U.S.C. 5902(a)(2)).

4. All-volunteer force educational assistance, vocational rehabilitation, post-Vietnam era veterans' educational assistance, survivors' and dependents' educational assistance, and administration of educational benefits (38 U.S.C. Chapters 30, 31, 32, 34, 35 and 36, respectively).

5. Sharing of medical facilities, equipment, and information (38 U.S.C. 8151-8157).

6. Approval of educational institutions (38 U.S.C. 104).

7. Space and office facilities for representatives of State employment services (38 U.S.C. 7725(1).

8. Medical care for survivors and dependents of certain veterans (38 U.S.C. 1713).

9. Transfers for nursing home care; adult day health care (38 U.S.C. 1720).

10. Treatment and rehabilitation for alcohol or drug dependence or abuse disabilities (38 U.S.C. 1720A).

11. Aid to States for establishment, expansion, and improvement of veterans cemeteries (38 U.S.C. 2408).

12. Assistance in establishing new medical schools; grants to affiliated medical schools; assistance to health manpower training institutions (38 U.S.C. Chapter 82).

13. Department of Veterans Affairs health professional scholarship program (38 U.S.C. 7601--7655).

14. Emergency veterans job training (Pub. L. 98–77, 97 Stat. 443-452). (51 FR 10385, Mar. 26, 1986)

APPENDIX B TO SUBPART A OF PART 18

ILLUSTRATIVE APPLICATIONS The following examples, without being exhaustive, will illustrate the application of the nondiscrimination provisions to certain

individuals of a particular race, color, or national origin. (38 U.S.C. 1741, 1744, 8131-8137, 8155, 5902(a)(2), Chapters 31, 34, 35 and 36) [38 FR 17968, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 24, 1980]

Subparts B-C [Reserved] Subpart D-Nondiscrimination in

Federally-Assisted Programs of the Department of Veterans Affairs-Effectuation of Title VI of the Civil Rights Act of 1964

schools and sim

AUTHORITY: 29 U.S.C. 794; 42 U.S.C. 2000d-1 to 2000d-4, 6101-6107.

SOURCE: 45 FR 63268, Sept. 24, 1980, unless otherwise noted.

GENERAL PROVISIONS

grants of the Department of Veterans Affairs. (In all cases the discrimination prohibited is discrimination on the grounds of race. color, or national origin prohibited by title VI of the Act and this part, as a condition of the receipt of Federal financial assistance.)

(a) In grants which support the provision of health or welfare services for veterans in State homes, discrimination in the selection or eligibility of individuals to receive the services, and segregation or other discriminatory practices in the manner of providing them, are prohibited. This prohibition extends to all facilities and services provided by the State as grantee under the program or by a political subdivision of the State. It extends also to services purchased or otherwise obtained by the grantee (or political subdivision) from hospitals, nursing homes,

institutions

for beneficiaries of the program, and to the facilities in which such services are provided, subject, however, to the provisions of $18.3(c).

(b) In grants to assist in the construction of facilities for the provision of health or welfare services assurances will be required that services will be provided without discrimination, to the same extent that discrimination would be prohibited as a condition of Federal operating grants for the support of such services. Thus, as a condition of grants for the construction of a State home for furnishing nursing home care, assurances will be required that there will be no discrimination in the admission or treatment of patients. In the case of such grants the assurance will apply to patients, to interns, residents, student nurses, and other trainees, and to the privilege of physicians, dentists, and other professionally qualified persons to practice in the nursing home, and will apply to the entire facility for which, or for a part of which, the grant is made, and to facilities operated in connection therewith.

(c) Upon transfers of real or personal surplus property for health or educational uses, discrimination is prohibited to the same extent as in the case of grants for the construction of facilities or the provision of equipment for like purposes

(d) A recipient may not take action that is calculated to bring about indirectly what this part forbids it to accomplish directly. Thus a State, in selecting or approving projects or sites for the construction of a nursing home which will receive Federal financial assistance, may not base its selections or approvals on criteria which have the effect of defeating or of substantially impairing accomplishment of the objectives of the Federal assistance program with respect to

$18.401 Purpose.

The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.

$ 18.402 Application.

This part applies to each recipient of Federal financial assistance from the Department of Veterans Affairs and to each program or activity that receives or benefits from such assistance.

$18.403 Definitions.

As used in this part, the term: (a) The Act means the Rehabilitation Act of 1973, Pub. L. 93–112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, and Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978. Pub. L. 95-602, 29 U.S.C. 794.

(b) Section 504 means section 504 of the Act.

(c) Education of the Handicapped Act means that statute as amended by the Education for all Handicapped Children Act of 1975, Pub. L. 94-142, 20 U.S.C. 1401 et seq.

(d) Agency means the Department of Veterans Affairs.

(e) Secretary means the Secretary of (iii) Is regarded as having such an imVeterans Affairs.

pairment. (f) Recipient means any State or its (2) As used in paragraph (j)(1) of this political subdivision, any instrumen section, the phrase: tality of a State or its political sub- (i) Physical or mental impairment division, any public or private agency, means: institution, organization, or other enti- (A) Any physiological disorder or ty, or any person to which Federal fi- condition, cosmetic disfigurement, or nancial assistance is extended directly

anatomical loss affecting one or more or through another recipient, including of the following body systems: Neuroany successor, assignee, or transferee logical, musculoskeletal; special sense of a recipient but excluding the ulti- organs including speech organs; resmate beneficiary of the assistance. piratory; cardiovascular; reproductive;

(g) Applicant for assistance means one digestive; genitourinary; hemic and who submits an application, request, or lymphatic; skin; and endocrine; or plan required to be approved by an (B) Any mental or psychological Agency official or by a recipient as a discorder, such as mental retardation, condition to eligibility for Federal fi- organic brain syndrome, emotional or nancial assistance.

mental illness, and specific learning (h) Federal financial assistance means disabilities. any grant, loan, contract (other than a (C) The term physical or mental improcurement contract or a contract of pairment includes, but is not limited to, insurance or guaranty), or any other such diseases and conditions as orthoarrangement by which the Agency pro pedic, visual, speech and hearing imvides or otherwise makes available as pairments, cerebral palsy, epilepsy, sistance in the form of:

muscular dystrophy, multiple sclerosis, (1) Funds, including funds extended cancer, heart disease, diabetes, mental to any entity for payment to or on be- retardation, emotional illness, drug adhalf of students admitted to that enti- diction and alcoholism. ty, extended directly to those students (ii) Major life activities means funcfor payment to that entity, or extended tions such as caring for one's self, perdirectly to those students contingent forming manual tasks, walking, seeing, upon their participation in a program hearing, speaking, breathing, learning of education or training of that entity; and working.

(2) Services of Federal personnel; or (iii) Has a record of such an impairment

(3) Real and personal property or any means has a history of, or has been interest in or use of property, includ- misclassified as having, a mental or ing;

physical impairment that substantially (i) Transfers or leases of such prop- limits one or more major life activierty for less than fair market value or ties. for reduced consideration; and

(iv) Is regarded as having an impair(ii) Proceeds from a subsequent ment means: transfer or lease of such property if the (A) Has a physical or mental impairFederal share of its fair market value ment that does not substantially limit is not returned to the Federal Govern major life activities but is treated by a ment.

recipient as constituting such a limita(i) Facility means all or any portion tion; of buildings, structures, equipment, (B) Has a physical or mental impairroads, walks, parking lots, or other ment that substantially limits major real or personal property or interest in life activities only as a result of the atsuch property.

titudes of others toward such impair(j) Handicapped person. (1) Handi- ment; capped person means any person who: (C) Has none of the impairments de

(i) Has a physical or mental impair- fined in paragraph (j)(2)(i) of this secment which substantially limits one or tion, but is treated by a recipient as more major life activities;

having such an impairment. (ii) Has a record of such an impair (k) Qualified handicapped person ment; or

means:

« PreviousContinue »