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CHAPTER 1-DEPARTMENT OF VETERANS

AFFAIRS (CONTINUED)

EDITORIAL NOTE: Nomenclature changes affecting chapter I appear at 54 FR 34978, Aug. 23, 1989; 57 FR 31018, July 13, 1992; 57 FR 38610, Aug. 26, 1992; 57 FR 43616, Sept. 22, 1992; 64 FR 30244, June 7, 1999; 65 FR 1545, Jan. 11, 2000; 66 FR 44053, Aug. 22, 2001; 66 FR 66767, Dec. 27, 2001; and 67 FR 16023, Apr. 4, 2002.

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Part 18

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18a

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18b

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50 61 70 111

510

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526

Nondiscrimination in federally-assisted programs

of the Department of Veterans Affairs-effec

tuation of Title VI of the Civil Rights Act of 1964
Delegation of responsibility in connection with

Title VI, Civil Rights Act of 1964
Practice and procedure under Title VI of the Civil

Rights Act of 1964 and Part 18 of this chapter
Board of Veterans' Appeals: Appeals regulations
Board of Veterans' Appeals: Rules of Practice
Vocational rehabilitation and education ........
Nondiscrimination on the basis of sex in education

programs or activities receiving federal financial

assistance
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs
Environmental effects of the Department of Vet-

erans Affairs (VA) actions
Loan guaranty
State cemetery grants
Intergovernmental review of Department of Vet-

erans Affairs programs and activities
Auditing requirements
Standards implementing the Program Fraud Civil
Remedies Act ......

.......
Uniform administrative requirements for grants

and cooperative agreements to State and local

governments .....
Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements

for drug-free workplace (grants) New restrictions on lobbying

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36 39 40

526 531 705

718 721

41 42

728

43

744

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771 792

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Part 46

804

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808

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Policy regarding participation in National Practi

tioner Data Bank
Policy regarding reporting health care profes-

sionals to State Licensing Boards
Per diem for nursing home care of veterans in

State homes
Per diem for adult day health care of veterans in

State homes
Forms
Grants to states for construction or acquisition of

state homes

809

52

833 856

58 59

872

[blocks in formation]
[blocks in formation]

18.534 Information requirements.

INVESTIGATION, CONCILIATION, AND

ENFORCEMENT PROCEDURES 18.541 Compliance reviews. 18.542 Complaints. 18.543 Mediation. 18.544 Investigation. 18.545 Prohibition against intimidation or

retaliation. 18.546 Compliance procedure. 18.547 Hearings, decisions, post-termination

proceedings. 18.548 Remedial action by recipient. 18.549 Alternate funds disbursal procedure. 18.550 Exhaustion of administrative rem

edies. APPENDIX A TO SUBPART E OF PART 18-STAT

UTORY PROVISIONS TO WHICH THIS SUB

PART APPLIES
APPENDIX B TO SUBPART E OF PART 18LIST

OF AGE DISTINCTIONS CONTAINED IN STAT-
UTES AND REGULATIONS GOVERNING FED-
ERAL FINANCIAL ASSISTANCE PROGRAMS
OF THE DEPARTMENT OF VETERANS AF-
FAIRS

cation approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in $ 18.3. The fact that a program or activity is not listed in appendix A to this subpart shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to appendix A to this subpart by notice published in the FEDERAL REGISTER. (38 FR 17965, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 24, 1980)

Subpart A-General

AUTHORITY: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws referred to in Appendix A.

$18.1 Purpose.

The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the Act) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Veterans Affairs. [29 FR 19301, Dec. 31, 1964. Designated subpart A at 45 FR 63268, Sept. 24, 1980)

$ 18.3 Discrimination prohibited.

(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on grounds of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to receipt of any service, financial aid, or other benefit under the program;

(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;

8 18.2 Application of this part.

This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department of Veterans Affairs, including the federally-assisted programs and activities listed in appendix A to this subpart. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of this part pursuant to an appli

(v) Treat an individual differently cial aid, or other benefit provided in or from others in determining whether is through a facility provided with the satisfied any admission, enrollment, aid of Federal financial assistance. quota, eligibility, membership or other (5) The enumeration of specific forms requirement or condition which indi- of prohibited discrimination in this viduals must meet in order to be pro- paragraph does not limit the generality vided any service, financial aid, or

of the prohibition in paragraph (a) of other benefit provided under the pro- this section. gram.

(6)(i) In administering a program re(vi) Deny a person an opportunity to

garding which the recipient has preparticipate in the program through the

viously discriminated against persons provision of services or otherwise or af

on the ground of race, color, or naford an opportunity to do so which is

tional origin, the recipient must take different from that afforded others

affirmative action to overcome the efunder the program.

fects of prior discrimination. (vii) Deny a person the opportunity

(ii) Even in the absence of such prior to participate as a member of a plan

discrimination, a recipient in adminning or advisory body which is an inte

istering a program may take affirmagral part of the program.

tive action to overcome the effects of (2) A recipient, in determining the

conditions which resulted in limiting types of services, financial aid, or other benefits, or facilities which will be pro

participation by persons of a particular vided under any such program, or the

race, color or national origin.

(c) Medical class of individuals to whom, or the sit

emergencies. Notwithuations in which, such services, finan

standing the foregoing provisions of cial aid, other benefits, or facilities

this section, a recipient of Federal fi

nancial assistance shall not be deemed will be provided under any such pro

to have failed to comply with paragram, or the class of individuals to be afforded an opportunity to participate

graph (a) of this section if immediate in any such program, may not, directly

provision of a service or other benefit or through contractual or other ar

to an individual is necessary to prevent rangements, utilize criteria or methods

his or her death or serious impairment of administration which have the effect

of his or her health, and such service or of subjecting individuals to discrimina

other benefit cannot be provided except tion because of their race, color, or na

by or through a medical institution tional origin, or have the effect of de

which refuses or fails to comply with feating or substantially impairing ac

paragraph (a) of this section. complishment of the objectives of the

(d) Employment practices. (1) Whenever program with respect to individuals of a primary objective of the Federal fia particular race, color, or national or

nancial assistance to a program to igin.

which part 18 applies, is to provide em(3) In determining the site or loca- ployment, a recipient of such assisttion of facilities, a recipient or appli- ance may not (directly or through concant may not make selections with the tractual or other arrangements) subpurpose or effect of excluding individ- ject any individual to discrimination uals from, denying them the benefits on the ground of race, color, or naof, or subjecting them to discrimina- tional origin in its employment praction under any program to which this tices under such program (including repart applies on the grounds of race, cruitment or recruitment advertising, color or national origin; or with the employment, layoff, or termination, purpose or effect of defeating or sub- upgrading, demotion, or transfer, rates stantially impairing the accomplish- of pay or other forms of compensation, ment of the objectives of the Act or and use of facilities). The requirements this part.

applicable to construction employment (4) As used in this section the serv- under any such program shall be those ices, financial aid, or other benefits specified in or pursuant to part III of provided under a program receiving Executive Order 11246 (3 CFR Chapter Federal financial assistance shall be IV) or any Executive order which sudeemed to include any service, finan- persedes it.

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