CHAPTER IVETERANS ADMINISTRATION CONTINUED (Part 18 to End) Part 18 18a 18b 19 21 25 Page Nondiscrimination in federally-assisted programs Vocational rehabilitation and education..... 4 46 48 59 81 18.533 Assurance of compliance and recipi- ent assessment of age distinctions. 18.534 Information requirements. 18.547 Hearings, decisions, post-termina- 18.548 Remedial action by recipient. 18.549 Alternate funds disbursal proce- 18.550 Exhaustion of administrative reme- APPENDIX A TO SUBPART E-STATUTORY PRO- VISIONS TO WHICH THIS SUBPART APPLIES APPENDIX B TO SUBPART E-LIST OF AGE DIS- TINCTIONS CONTAINED IN STATUTES AND REGULATIONS GOVERNING FEDERAL FINAN- CIAL ASSISTANCE PROGRAMS OF THE VETER- Subpart A-General The purpose of this part is to effec- tuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter re- ferred to as the "Act") to the end that no person in the United States shall, on the ground of race, color, or nation- al origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiv- ing Federal financial assistance from [29 FR 19301, Dec. 31, 1964. Designated under any such program after the ef- fective date of this part pursuant to an application approved prior to such ef- fective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty con- tracts, (b) money paid, property trans- ferred, or other assistance extended under any such program before the ef- fective date of this part, (c) any assist- ance to any individual who is the ulti- mate beneficiary under any such pro- gram, or (d) any employment practice, under any such program, of any em- ployer, employment agency, or labor organization, except to the extent de- scribed in § 18.3. The fact that a pro- gram or activity is not listed in Appen- dix A to this subpart shall not mean, if Title VI of the Act is otherwise appli- cable, that such program is not cov- ered. Other programs under statutes now in force or hereinafter enacted may be added to Appendix A to this subpart by notice published in the (i) Deny an individual any service, fi- (ii) Provide any service, financial aid, (iii) Subject an individual to segrega- (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; (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, color, 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, financial 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 death or serious impairment of his 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. (2) In regard to Federal financial assistance which does not have providing employment as a primary objective, the provisions of paragraph (d)(1) of this section apply to the employment practices of the recipient if discrimination on the ground of race, color, or national origin in such employment practices tends, on the grounds of race, color, or national origin, to exclude persons from participation in, to deny them the benefits of or to subject them to discrimination under the program receiving Federal financial assistance. In any such case, the provisions of paragraph (d)(1) of this section shall apply to the extent necessary to assure equality of opportunity to and nondiscriminatory treatment of beneficiaries. [29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17965, July 5, 1973; 42 FR 60144, Nov. 25, 1977. Designated Subpart A at 45 FR 63268, Sept. 24, 1980, and further amended at 51 FR 10384, Mar. 26, 1986] § 18.4 Assurances required. (a) General. (1) Every application for Federal financial assistance to carry out a program to which this part applies, except a program to which paragraph (b) of this section applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain or be accompanied by an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed by or pursuant to this part. Every program of Federal financial assistance shall require the submission of such an assurance. In the case of an application for Federal financial assistance to provide real property or structures thereon, the assurance shall obligate the recipient, or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. In the case of personal property the assurance shall obligate the recipient for the period during which the recipient retains ownership or possession of the property. In all other cases the assurance shall obligate the recipient for the period during which Federal financial assistance is extended pursuant to the application. The responsible agency official shall specify the form of the foregoing assurances for each program, and the extent to which like assurances will be required of subgrantees, contractors and subcontractors, transferees, successors in interest, and other participants in the program. Any such assurance shall include provisions which give the United States a right to seek its judicial enforcement. (2) Transfers of surplus property are subject to regulations issued by the Administrator of General Services (41 CFR Subpart 101-6.2). (b) Continuing State programs. Every application by a State or a State agency to carry out a program involving continuing Federal financial assistance to which this part applies (including the programs listed in Appendix A to this subpart) shall as a condition to its approval and the extension of any Federal financial assistance pursuant to the application (1) contain or be accompanied by a statement that the program is (or, in the case of a new program, will be) conducted in compliance with all requirements imposed by or pursuant to this part, and (2) provide or be accompanied by provision for such methods of administration for the program as are found by the responsible agency official to give reasonable assurance that the applicant and all recipients of Federal financial assistance under such program will comply with all requirements imposed by or pursuant to this part. In any case in which the recipient is claiming financial assistance under a continuing program pursuant to arrangements entered into prior to the effective date of this part, the assurances provided by this paragraph shall be included in the first application or claim for assistance on or after the effective date of this part. (c) Elementary and secondary schools. The requirements of para |