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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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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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728

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Part 46

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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

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833 856

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18.461 Procedures.
APPENDIX A TO SUBPART D OF PART 18-STAT-

UTORY PROVISIONS TO WHICH THIS PART
APPLIES

Subpart D-Nondiscrimination in Federally

Assisted Programs of the Department of Veterans Affairs—Effectuation of Title V of the Civil Rights Act of 1964

GENERAL PROVISIONS 18.401 Purpose. 18.402 Application. 18.403 Definitions. 18.404 Discrimination prohibited. 18.405 Assurances required. 18.406 Remedial action, voluntary action

and self-evaluation. 18.407 Designation of responsible employee

and adoption of grievance procedures, 18.408 Notice. 18.409 Administrative requirements for cer

tain recipients. 18.410 Effect of State or local law or other

requirements and effect of employment opportunities.

EMPLOYMENT PRACTICES 18.411 Discrimination prohibited. 18.412 Reasonable accommodation. 18.413 Employment criteria. 18.414 Preemployment inquiries.

PROGRAM ACCESSIBILITY 18.421 Discrimination prohibited. 18.422 Existing facilities. 18.423 New construction.

Subpart E-Nondiscrimination on the Basis

of Age

GENERAL 18.501 Purpose. 18.502 Application. 18.503 Definitions. STANDARDS FOR DETERMINING AGE

DISCRIMINATION 18.511 Rules against age discrimination. 18.512 Definitions of “normal operation"

and "statutory objective." 18.513 Exceptions to the rules against age

discrimination; normal operation or statutory objective of any program or activ

ity. 18.514 Exceptions to the rules against age

discrimination; reasonable factors other

than age. 18.515 Burden of proof. 18.516 Affirmative action by recipients. RESPONSIBILITIES OF DEPARTMENT OF

VETERANS AFFAIRS RECIPIENTS 18.531 General responsibilities. 18.532 Notice of subrecipients. 18.533 Assurance of compliance and recipi

ent assessment of age distinctions.

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 from others in determining whether is satisfied any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program.

(vi) Deny a person an opportunity to participate in the program through the provision of services or otherwise or afford an opportunity to do so which is different from that afforded others under the program.

(vii) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.

(2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, lor, or national origin.

(3) In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this part applies on the grounds of race, color or national origin; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this part.

(4) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, finan

cial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.

(5) The enumeration of specific forms of prohibited discrimination in this paragraph does not limit the generality of the prohibition in paragraph (a) of this section.

(6)(i) In administering a program regarding which the recipient has previously discriminated against persons on the ground of race, color, or national origin, the recipient must take affirmative action to overcome the effects of prior discrimination.

(ii) Even in the absence of such prior discrimination, a recipient in administering a program may take affirmative action to overcome the effects of conditions which resulted in limiting participation by persons of a particular race, color or national origin.

(c) Medical emergencies. Notwithstanding the foregoing provisions of this section, a recipient of Federal financial assistance shall not be deemed to have failed to comply with paragraph (a) of this section if immediate provision of a service or other benefit to an individual is necessary to prevent his or her death or serious impairment of his or her health, and such service or other benefit cannot be provided except by or through a medical institution which refuses or fails to comply with paragraph (a) of this section.

(d) Employment practices. (1) Whenever a primary objective of the Federal financial assistance to a program to which part 18 applies, is to provide employment, a recipient of such assistance may not (directly or through contractual or other arrangements) subject any individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff, or termination, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and use of facilities). The requirements applicable to construction employment under any such program shall be those specified in or pursuant to part III of Executive Order 11246 (3 CFR Chapter IV) or any Executive order which supersedes it.

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