The Code of Federal Regulations of the United States of America

(d) VA also may defer granting new Federal financial assistance from VA to a recipient when a hearing under paragraph (a)(1) of this section is initiated.

(1) New Federal financial assistance from VA includes all assistance for which VA requires an application or approval, including renewal or continuation of existing activities, or authorization of new activities during the deferral period. New Federal financial assistance from VA does not include increases in funding resulting solely from a change in the formula or method of computing awards, nor does it include assistance approved prior to the beginning of a hearing under paragraph (a)(1) of this section.

(2) VA will not begin a deferral until the recipient has received a notice of an opportunity for a hearing under paragraph (a)(1) of this section. VA will not continue a deferral for more than 60 days unless a hearing has begun within that time or the time for beginning the hearing has been extended by mutual consent of the recipient and the Secretary. VA will not continue a deferral for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient.

(Authority: 42 U.S.C. 6101-6107)

§ 18.547 Hearings, decisions, post-termination proceedings.

Certain VA procedural provisions applicable to Title VI of the Civil Rights Act of 1964 apply to VA enforcement of these regulations. They are found at §§ 18.9 through 18.11 and part 18b of this title.

(Authority: 42 U.S.C. 6101-1607)

§ 18.548 Remedial action by recipient.

Where VA finds that a recipient has discriminated on the basis of age, the recipient shall take any remedial action that VA may require to overcome the effects of the discrimination. If another recipient exercises control over the recipient that has discriminated, VA may require both recipients to take remedial action.

(Authority: 42 U.S.C. 6101-1607)

§ 18.549 Alternate funds disbursal procedure.

(a) When VA withholds funds from a recipient under these regulations, the Secretary may disburse the withheld funds directly to an alternate recipient: Any public or non-profit private organization or agency, or State or political subdivision of the State.

(b) The Secretary will require any alternate recipient to demonstrate;

(1) The ability to comply with these regulations; and

(2) The ability to achieve the goals of the Federal statute authorizing the program or activity.

(Authority: 42 U.S.C. 6101-1607)

§ 18.550 Exhaustion of administrative

remedies.

(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:

(1) 180 days have elapsed since the complainant filed the complaint and VA has made no finding with regard to the complaint; or

(2) VA issues any finding in favor of the recipient.

(b) If VA fails to make a finding within 180 days or issues a finding in favor of the recipient, VA will:

(1) Promptly advise the complainant of this fact; and

(2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and

(3) Inform the complainant that:

(i) The complainant may bring a civil action only in a United States district court for the district in which the recipient is found or transacts business;

(ii) A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but the complainant must demand these costs in the complaint;

(iii) Before commencing the action, the complainant shall give 30 days notice by registered mail to the Secretary, the Attorney General of the United States, and the recipient;

(iv) The notice must state: The alleged violation of the Act; the relief requested; the court in which the complainant is bringing the action; and,

whether or not attorney's fees are demanded in the event the complainant prevails; and

(v) The complainant may not bring action if the same alleged violations of the Act by the same recipient is the subject of a pending action in any court of the United States.

(Authority: 42 U.S.C. 6101-6107)

APPENDIX A TO SUBPART E OF PART 18— STATUTORY PROVISIONS TO WHICH THIS SUBPART APPLIES

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

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

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

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

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

6. Payments to State Homes (38 U.S.C. 1741-1743).

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

Post-Viet

8. Vocational Rehabilitation; nam Era Veterans' Educational Assistance; Survivors' and Dependents' Educational Assistance; and Administration of Educational Benefits (38 U.S.C. Chapters 31, 32, 34, 35 and 36 respectively).

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

10. Department of Veterans Affairs Health Professional Scholarship Program (38 U.S.C. 7601-7655).

11. State Home Facilities for Furnishing Domiciliary, Nursing Home and Hospital Care (38 U.S.C. 8131-8137).

12. Sharing of Medical Facilities, Equipment and Information (38 U.S.C. 8151-8157).

13. Assistance in Establishing New State Medical Schools; Grants to Affiliated Med

ical Schools; Assistance to Health Manpower Training Institutions (38 U.S.C. Chapter 82). 14. Emergency Veterans' Job Training (Pub. L. 98-77, 97 Stat. 443-452).

APPENDIX B TO SUBPART E OF PART 18LIST OF AGE DISTINCTIONS CONTAINED IN STATUTES AND REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS

Section 90.31(f) of the governmentwide regulations (45 CFR part 90) requires each Federal agency to publish an appendix to its final regulations containing a list of age distinctions in Federal statutes and regulations affecting financial assistance administered by the agency. This appendix is VA's list of age distinctions contained in Federal statutes and VA regulations which:

(1) Provide benefits or assistance to persons based upon age; or

(2) Establish criteria for participation in age-related terms; or

(3) Describe intended beneficiaries or target groups in age-related terms.

Appendix B deals only with VA's programs of financial assistance covered by the Age Discrimination Act. It does not list age distinctions used by VA in its direct assistance programs, such as veterans' compensation. Also, this appendix contains only age distinctions in Federal statutes and VA regulations in effect on January 1, 1985.

This appendix has two sections: A list of age distinctions in Federal statutes, and a list of age distinctions in VA regulations. The first column contains the name of the program; the second column has the statute name and U.S. Code citation for statutes, or the regulation name and Code of Federal Regulations citation for regulations; the third column contains the section number of the statute or regulation and the description of the age distinction; and the fourth column cites the Catalog of Federal Domestic Assistance number for the program(s) affected where it is available.

AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS

Section and Age Distinction

Section 101(4)(A) defines the term "child" for the
purposes of Title 38, U.S.C. (except for chapter
19 and section 8502(b) of Title 38) as "a person
who is unmarried and—(i) who is under the age
of eighteen years; (ii) who, before attaining the
age of eighteen years, became permanently in-
capable of self-support; or (iii) who, after attain-
ing the age of eighteen years and until comple-
tion of education or training (but not after attain-
ing the age of twenty-three years), is pursuing a
course of instruction at an approved educational
institution; and who is a legitimate child, a legally
adopted child, a stepchild who is a member of a
veteran's household or was a member at the
time of the veteran's death, or an illegitimate
child but, as to the alleged father, only if ac-
knowledged in writing signed by him, or if he has
been judicially ordered to contribute to the child's
support or has been, before his death, judicially
decreed to be the father of such child, or if he is
otherwise shown by evidence statisfactory to the
Secretary to be the father or such child.
Section 101(4)(B) provides that for the purposes of
section 101(4)(A) of Title 38, in the case of an
adoption under the laws of any jurisdiction other
than a State, a person residing outside any of
the States shall not be considered a legally
adopted child of a veteran during the lifetime of
that veteran, unless, among other things, such a
person was less than eighteen years of age at
the time of the adoption.
Section 104(a) authorizes the Secretary to approve
or disapprove an educational institution for the
purpose of determining whether or not benefits
are payable under Title 38, U.S.C. (except chap-
ter 15 of title 38) for a child over the age of
eighteen years and under the age of twenty-
three years who is attending a school, college,
academy, seminary, technical institution, univer-
sity, or other educational institution.
Section 104(b) provides that the Secretary may not
approve an educational institution under section
104 of Title 38, unless the institution has agreed
to report the termination of attendance of any
child. If the educational institution fails to report
any such termination promptly, the approval of
the Secretary shall be withdrawn.
Section 1713(a) authorizes the Secretary to pro-
vide medical care to: "(1) The spouse or child of
a veteran who has a total disability, permanent
in nature, resulting from a service-connected dis-
ability, (2) the surviving spouse or child of a vet-
eran who (A) died as a result of a service-con-
nected disability, or (B) at the time of death had
a total disability permanent in nature, resulting
from a service-connected disability, and (3) the
surviving spouse or child of a person who died in
the active military, naval, or air service in the line
of duty and not due to such person's own mis-
conduct, who are not otherwise eligible for med-
ical care under Chapter 55 of Title 10, U.S.C.
(CHAMPUS).

CFDA

64.009

AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Section and Age Distinction

Section 1713(c) provides that for the purposes of
this program, "a child between the ages of eight-
een and twenty-three (1) who is eligible for ben-
efits under subsection (a) of this section, (2) who
is pursuing a full-time course of instruction at an
educational institution, approved under Chapter
36 of this title, and (3) who while pursuing such
course of instruction, incurs a disabling illness or
injury which results in such child's inability
to continue or resume such child's chosen pro-
gram of education... shall remain eligible for
benefits under this section until the end of the
six-month period beginning on the date the dis-
ability is removed, the end of the two-year period
beginning on the date of the onset of the dis-
ability, or the twenty-third birthday of the child,
whichever occurs first".

Section 1710 authorizes the Secretary, within the
limits of VA facilities, to furnish hospital care or
nursing home care. Among the persons eligible
for such care are veterans with a nonservice-
connected disability if they are sixty-five years of
age or older.
Section 3201 states that the purpose of Chapter 32
of Title 38, U.S.C. is: “(1) To provide educational
asssistance to those men and women who enter
the Armed Forces after December 31, 1976, (2)
to assist young men and women in obtaining an
education they might not otherwise be able to af-
ford, and (3) to promote and assist the all volun-
teer military program of the United States by at-
tracting qualified men and women to serve in the
Armed Forces".

Section 3451 states that the education program
created by this chapter is for the purpose of:

(1) Enhancing and making more attractive
service in the Armed Forces of the United
States, (2) extending the benefits of higher edu-
cation to qualified and deserving young persons
who might not otherwise be able to afford such
an education, (3) providing vocational readjust-
ment and restoring lost educational opportunities
to those service men and women whose careers
have been interrupted or impeded by reason of
active duty after January 31, 1955, and (4) aid-
ing such persons in attaining the vocational and
educational status which they might normally
have aspired to and obtained had they not
served their country".

Section 3492(b) authorizes the Secretary to pay to
an eligible veteran receiving tutorial assistance
pursuant to section 3492(a) of this chapter, the
cost of such tutorial assistance, subject to cer-
tain limits, upon certification by the educational
institution that " (2) the tutor chosen to per-
form such assistance is qualified and is not the
eligible veteran's parent, spouse, child (whether
or not married or over eighteen years of age),
brother, or sister; and (3) the charges for such
assistance do not exceed the customary charges
for such tutorial assistance".

CFDA

64.009

64.010

64.015

64.016

64.120

64.111

AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Section and Age Distinction

Section 3500 states that "the educational program
established by this chapter is for the purpose of
providing opportunities for education to children
whose education would otherwise be impeded or
interrupted by reason of the disability or death of
a parent from a disease or injury incurred or ag-
gravated in the Armed Forces after the begin-
ning of the Spanish-American War, and for the
purpose of aiding such children in attaining the
educational status which they might have as-
pired to and attained but for the disability or
death of such parent. The Congress further de-
clares that the educational program extended to
the surviving spouses of veterans who died of
service-connected total disabilities and to
spouses of veterans with a service-connected
total disability permanent in nature is for the pur-
pose of assisting them in preparing to support
themselves and their families at a standard of
living level which the veteran, but for the vet-
eran's death or service disability, could have ex-
pected to provide for the veteran's family".
Section 3501 defines the term "eligible person" as:
"(A) a child of a person who-(i) died of a serv-
ice-connected disability, (ii) has a total disability
permanent in nature resulting from a service-
connected disability, or who died while a dis-
ability so evaluated was in existence or (iii) at
the time of application for benefits under this
chapter is a member of the Armed Forces serv-
ing on active duty listed, pursuant to section 556
of Title 37 [U.S.C.] and regulations issued there-
under, by the Secretary concerned in one or
more of the following categories. for a total
of ninety days: (A) missing in action, (B) cap-
tured in line of duty by a hostile force, or (C)
forcibly detained or interned in line of duty by a
foreign government or power, ." Subpara-
graph (a)(2) of this section provides that the term
"child" includes individuals who are married and
individuals who are above the age of twenty-
three years.

CFDA

64.117

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