Federal Coordination And Compliance Section

 [Code of Federal Regulations] [Title 38, Volume 2, Parts 18 To End] [Revised as of July 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18]  [Page 5-47]                               VETERANS' RELIEF             CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS--CONTINUED   PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964                             Subpart A--General  Sec. 18.1  Purpose. 18.2  Application of this part. 18.3  Discrimination prohibited. 18.4  Assurances required. 18.6  Compliance information. 18.7  Conduct of investigations. 18.8  Procedure for effecting compliance. 18.9  Hearings. 18.10  Decisions and notices. 18.11  Judicial review. 18.12  Effect on other regulations, forms and instructions. 18.13  Definitions.  Appendix A to Subpart A to Part 18--Statutory Provisions to Which This            Subpart Applies Appendix B to Subpart A to Part 18--Illustrative Applications  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                             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 certain 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.                 Elementary, Secondary, and Adult Education  18.431  Application. 18.432  Location and notification. 18.433  Free appropriate public education. 18.434  Education setting. 18.435  Evaluation and placement. 18.436  Procedural safeguards. 18.437  Nonacademic services. 18.438  Adult education programs. 18.439  Private education programs.                           Postsecondary Education  18.441  Application. 18.442  Admissions and recruitment. 18.443  General treatment of students. 18.444  Academic adjustments. 18.445  Housing. 18.446  Financial and employment assistance to students. 18.447  Nonacademic services.                         Health and Social Services  18.451  Application. 18.452  Health and other social services. 18.453  Drug and alcohol addicts. 18.454  Education of institutionalized persons.                                 Procedures  18.461  Procedures.  Appendix A to Subpart D to Part 18--Statutory Provisions to Which This            Part Applies              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 activity. 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 recipient assessment of age            distinctions.  [[Page 6]]  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 remedies.  Appendix A to Subpart E to Part 18--Statutory Provisions to Which This            Subpart Applies Appendix B to Subpart E to Part 18--List of Age Distinctions Contained            in Statutes and Regulations Governing Federal Financial            Assistance Programs of the Department of Veterans Affairs                             Subpart A--General      Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws  referred to in Appendix A.  Sec. 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]  Sec. 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 application 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 Sec. 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]  Sec. 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;  [[Page 7]]      (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 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.  [[Page 8]]      (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]  Sec. 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 paragraph  (a) or (b) of this section with respect to any elementary or secondary  school or school system shall be deemed to be satisfied if such school  or school system (1) is subject to a final order of a  [[Page 9]]  court of the United States for the desegregation of such school or  school system, and provides an assurance that it will comply with such  order, including any future modification of such order, or (2) submits a  plan for the desegregation of such school or school system which the  responsible agency official determines is adequate to accomplish the  purposes of the Act and this part, at the earliest practicable time, and  provides reasonable assurance that it will carry out such plan; in any  case of continuing Federal financial assistance the responsible agency  official may reserve the right to redetermine, after such period as may  be specified by the official, the adequacy of the plan to accomplish the  purposes of the Act and this part. In any case in which a final order of  a court of the United States for the desegregation of such school or  school system is entered after submission of such a plan, such plan  shall be revised to conform to such final order, including any future  modification of such order.     (d) Extent of application to institution or facility. In the case  where any assurances are required from an academic, a medical care, or  any other institution or facility, insofar as the assurances relate to  the institution's practices with respect to the admission, care, or  other treatment of persons by the institution or with respect to the  opportunity of persons to participate in the receiving or providing of  services, treatment, or benefits, such assurances shall be applicable to  the entire institution or facility. That requirement may be waived by  the responsible agency official if the party furnishing the assurances  establishes to the satisfaction of the responsible agency official that  the practices in designated parts or programs of the institution or  facility will in no way affect its practices in the program of the  institution or facility for which Federal financial assistance is or is  sought to be provided, or affect the beneficiaries of or participants in  such program. If in any such case the assistance is or is sought for the  construction of a facility or part of a facility, the assurances shall  in any event extend to the entire facility and to facilities operated in  connection therewith.  [38 FR 17965, July 5, 1973. Designated subpart A at 45 FR 63268, Sept.  24, 1980, and amended at 51 FR 10384, Mar. 26, 1986]  Sec. 18.6  Compliance information.      (a) Cooperation and assistance. Each responsible agency official  shall to the fullest extent practicable seek the cooperation of  recipients in obtaining compliance with this part and shall provide  assistance and guidance to recipients to help them comply voluntarily  with this part.     (b) Compliance reports. Each recipient shall keep such records and  submit to the responsible agency official or designee, timely, complete  and accurate compliance reports at such times, and in such form and  containing such information, as the responsible agency official or  designee may determine to be necessary to enable the official to  ascertain whether the recipient has complied or is complying with this  part. In the case of any program under which a primary recipient extends  Federal financial assistance to any other recipient, such other  recipient shall also submit such compliance reports to the primary  recipient as may be necessary to enable the primary recipient to carry  out its obligations under this part. In general, recipients should have  available for the agency racial and ethnic data showing the extent to  which members of minority groups are beneficiaries of federally assisted  programs.     (c) Access to sources of information. Each recipient shall permit  access by the responsible agency official or designee during normal  business hours to such of its books, records, accounts, and other  sources of information, and its facilities as may be pertinent to  ascertain compliance with this part. Where any information required of a  recipient is in the exclusive possession of any other agency,  institution or person and this agency, institution or person shall fail  or refuse to furnish this information, the recipient shall so certify in  its report and shall set forth what efforts it has made to obtain the  information.     (d) Information to beneficiaries and participants. Each recipient  shall make available to participants, beneficiaries,  [[Page 10]]  and other interested persons such information regarding the provisions  of this part and its applicability to the program under which the  recipient receives Federal financial assistance, and make such  information available to them in such manner, as the responsible agency  official finds necessary to apprise such persons of the protections  against discrimination assured them by the Act and this part.  [29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17966, July 5, 1973.  Designated subpart A at 45 FR 63268, Sept. 24, 1980 and amended at 51 FR  10384, Mar. 26, 1986]  Sec. 18.7  Conduct of investigations.      (a) Periodic compliance reviews. The responsible agency official or  designee shall from time to time review the practices of recipients to  determine whether they are complying with this part.     (b) Complaints. Any person or any specific class of individuals who  believe they have been subjected to discrimination prohibited by this  part may themselves, or by a representative, file with the responsible  agency official or designee a written complaint. A complaint must be  filed not later than 180 days from the date of the alleged  discrimination unless the time for filing is extended by the responsible  agency offical or designee.     (c) Investigations. The responsible agency official or designee will  initiate a prompt investigation whenever a compliance review, report,  complaint, or any other information indicates a possible failure to  comply with this part. The investigation should include, where  appropriate, a review of the pertinent practices and policies of the  recipient, the circumstances under which the possible noncompliance with  this part occurred, and other factors relevant to a determination as to  whether the recipient has failed to comply with this part.     (d) Resolution of matters. (1) If an investigation pursuant to  paragraph (c) of this section indicates a failure to comply with this  part, the responsible agency official or designee will so inform the  recipient and the matter will be resolved by informal means whenever  possible. If it has been determined that the matter cannot be resolved  by informal means, action will be taken as provided for in Sec. 18.8.     (2) If an investigation does not warrant action pursuant to  paragraph (d)(1) of this section the responsible agency official or  designee will so inform the recipient and the complainant, if any, in  writing.     (e) Intimidatory or retaliatory acts prohibited. No recipient or  other person shall intimidate, threaten, coerce, or discriminate against  any individual for the purpose of interfering with any right or  privilege secured by section 601 of the Act or this part, or because the  individual has made a complaint, testified, assisted, or participated in  any manner in an investigation, proceeding, or hearing under this part.  The identity of complainants shall be kept confidential except to the  extent necessary to carry out the purposes of this part, including the  conduct of any investigation, hearing, or judicial proceeding arising  thereunder.  [29 FR 19301, Dec. 31, 1964. Designated subpart A at 45 FR 63268, Sept.  24, 1980 and amended at 51 FR 10384, Mar. 26, 1986]  Sec. 18.8  Procedure for effecting compliance.      (a) General. If there appears to be a failure or threatened failure  to comply with this part, and if the noncompliance or threatened  noncompliance cannot be corrected by informal means, compliance with  this part may be effected by the suspension or termination of or refusal  to grant or to continue Federal financial assistance or by any other  means authorized by law. Such other means may include, but are not  limited to, (1) a reference to the Department of Justice with a  recommendation that appropriate proceedings be brought to enforce any  rights of the United States under any law of the United States  (including other titles of the Act), or any assurance or other  contractual undertaking, and (2) any applicable proceeding under State  or local law.     (b) Noncompliance with Sec. 18.4. If an applicant fails or refuses  to furnish an assurance required under Sec. 18.4 or otherwise fails or  refuses to comply with a requirement imposed by or pursuant to that  section Federal financial assistance may be refused in accordance with  [[Page 11]]  the procedures of paragraph (c) of this section. The Department of  Veterans Affairs shall not be required to provide assistance in such a  case during the pendency of the administrative proceedings under such  paragraph except that the Department of Veterans Affairs shall continue  assistance during the pendency of such proceedings where such assistance  is due and payable pursuant to an application therefor approved prior to  the effective date of this part.     (c) Termination of or refusal to grant or to continue Federal  financial assistance. No order suspending, terminating or refusing to  grant or continue Federal financial assistance shall become effective  until (1) the responsible agency official has advised the applicant or  recipient of failure to comply and has determined that compliance cannot  be secured by voluntary means, (2) there has been an express finding on  the record, after opportunity for hearing, of a failure by the applicant  or recipient to comply with a requirement imposed by or pursuant to this  part, (3) the action has been approved by the Secretary pursuant to  Sec. 18.10(e), and (4) the expiration of 30 days after the Secretary has  filed with the committee of the House and the committee of the Senate  having legislative jurisdiction over the program involved, a full  written report of the circumstances and the grounds for such action. Any  action to suspend or terminate or to refuse to grant or to continue  Federal financial assistance shall be limited to the particular  political entity, or part thereof, or other applicant or recipient as to  whom such a finding has been made and shall be limited in its effect to  the particular program, or part thereof, in which such noncompliance has  been so found.     (d) Other means authorized by law. No action to effect compliance  with Title VI of the Act by any other means authorized by law shall be  taken by the Department of Veterans Affairs until (1) the responsible  agency official has determined that compliance cannot be secured by  voluntary means, (2) the recipient or other person has been notified of  its failure to comply and of the action to be taken to effect  compliance, and (3) the expiration of at least 10 days from the mailing  of such notice to the recipient or other person. During this period of  at least 10 days, additional efforts shall be made to persuade the  recipient or other person to comply with this part and to take such  corrective action as may be appropriate.  [29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17966, July 5, 1973.  Designated subpart A at 45 FR 63268, Sept. 24, 1980, and amended at 51  FR 10384, Mar. 26, 1986]  Sec. 18.9  Hearings.      (a) Opportunity for hearing. Whenever an opportunity for a hearing  is required by Sec. 18.8(c), reasonable notice shall be given by  registered or certified mail, return receipt requested, to the affected  applicant or recipient. This notice shall advise the applicant or  recipient of the action proposed to be taken, the specific provision  under which the proposed action against it is to be taken, and the  matters of fact or law asserted as the basis for this action, and either  (1) fix a date not less than 20 days after the date of such notice  within which the applicant or recipient may request of the responsible  agency official that the matter be scheduled for hearing or (2) advise  the applicant or recipient that the matter in question has been set down  for hearing at a stated place and time. The time and place so fixed  shall be reasonable and shall be subject to change for cause. The  complainant, if any, shall be advised of the time and place of the  hearing. An applicant or recipient may waive a hearing and submit  written information and argument for the record. The failure of an  applicant or recipient to request a hearing under this paragraph or to  appear at a hearing for which a date has been set shall be deemed to be  a waiver of the right to a hearing under section 602 of the Act and  Sec. 18.8(c) of this part and consent to the making of a decision on the  basis of such information as is available.     (b) Time and place of hearing. Hearings shall be held at the offices  of the Department of Veterans Affairs in Washington, D.C., at a time  fixed by the responsible agency official unless the official determines  that the convenience of the applicant or recipient  [[Page 12]]  or of the Department of Veterans Affairs requires that another place be  selected. Hearings shall be held before the responsible agency official  or, at the official's discretion, before an administrative law judge  appointed in accordance with section 3105 of Title 5, U.S.C., or  detailed under section 3344 of Title 5, U.S.C.     (c) Right to counsel. In all proceedings under this section, the  applicant or recipient and the Department of Veterans Affairs shall have  the right to be represented by counsel.     (d) Procedures, evidence, and record. (1) The hearing decision and  any administrative review thereof shall be conducted in conformity with  the procedures contained in 5 U.S.C. 554-557 (sections 5-8 of the  Administrative Procedure Act) and in accordance with such rules of  procedure as are proper (and not inconsistent with this section)  relating to the conduct of the hearing, giving of notices subsequent to  those provided for in paragraph (a) of this section, taking of  testimony, exhibits, arguments and briefs, requests for findings, and  other related matters. Both the Department of Veterans Affairs and the  applicant or recipient shall be entitled to introduce all relevant  evidence on the issues as stated in the notice for hearing or as  determined by the officer conducting the hearing at the outset of or  during the hearing.     (2) Technical rules of evidence shall not apply to hearings  conducted pursuant to this part, but rules or principles designed to  assure production of the most credible evidence available and to subject  testimony to test by cross-examination shall be applied where reasonably  necessary by the officer conducting the hearing. The hearing officer may  exclude irrelevant, immaterial, or unduly repetitious evidence. All  documents and other evidence offered or taken for the record shall be  open to examination by the parties and opportunity shall be given to  refute facts and arguments advanced on either side of the issues. A  transcript shall be made of the oral evidence except to the extent the  substance thereof is stipulated for the record. All decisions shall be  based upon the hearing record and written findings shall be made.     (e) Consolidated or joint hearings. In cases in which the same or  related facts are asserted to constitute noncompliance with this part  with respect to two or more programs to which this part applies, or  noncompliance with this part and the regulations of one or more other  Federal departments or agencies issued under Title VI of the Act, the  Secretary may, by agreement with such other departments or agencies  where applicable, provide for the conduct of consolidated or joint  hearings, and for the application to such hearings of rules of  procedures not inconsistent with this part. Final decisions in such  cases, insofar as this part is concerned, shall be made in accordance  with Sec. 18.10.  [29 FR 19301, Dec. 28, 1964, as amended at 38 FR 17966, July 5, 1973.  Designated subpart A at 45 FR 63268, Sept. 24, 1980 and amended at 51 FR  10384, Mar. 26, 1986]  Sec. 18.10  Decisions and notices.      (a) Procedure on decisions by an administrative law judge. If the  hearing is held by an administrative law judge such administrative law  judge shall either make an initial decision, if so authorized, or  certify the entire record including recommended findings and proposed  decision to the responsible agency official for a final decision, and a  copy of such initial decision or certification shall be mailed to the  applicant or recipient. Where the initial decision is made by the  administrative law judge the applicant or recipient may within 30 days  of the mailing of such notice of initial decision file with the  responsible agency official exceptions to the initial decision with  reasons therefor. In the absence of exceptions, the responsible agency  official may within 45 days after the initial decision serve on the  applicant or recipient a notice that the decision will be reviewed. Upon  the filing of such exceptions or of such notice of review the  responsible agency official shall review the initial decision and issue  a decision thereon including the reasons therefor. In the absence of  either exceptions or a notice of review the initial decision shall  constitute the final decision of the responsible agency official.     (b) Decisions on record or review by the responsible agency  official. Whenever a  [[Page 13]]  record is certified to the responsible agency official for decision or  the official reviews the decision of an administrative law judge  pursuant to paragraph (a) of this section, or whenever the responsible  agency official conducts the hearing, the applicant or recipient shall  be given reasonable opportunity to file with the official briefs or  other written statements of its contentions, and a written copy of the  final decision of the responsible agency official shall be sent to the  applicant or recipient and to the complainant, if any.     (c) Decisions on record where a hearing is waived. Whenever a  hearing is waived pursuant to Sec. 18.9(a) a decision shall be made by  the responsible agency official on the record and a written copy of such  decision shall be sent to the applicant or recipient, and to the  complainant, if any.     (d) Rulings required. Each decision of an administrative law judge  or responsible agency official shall set forth a ruling on each finding,  conclusion, or exception presented, and shall identify the requirements  imposed by or pursuant to this part with which it is found that the  applicant or recipient has failed to comply.     (e) Approval by Secretary. Any final decision by an administrative  law judge which provides for the suspension or termination of, or the  refusal to grant or continue Federal financial assistance, or the  imposition of any other sanction available under this part of the Act,  shall promptly be transmitted to the Secretary personally, who may  approve such decision, may vacate it, or remit or mitigate any sanction  imposed.     (f) Content of orders. The final decision may provide for suspension  or termination of, or refusal to grant or continue Federal financial  assistance, in whole or in part, under the program involved, and may  contain such terms, conditions, and other provisions as are consistent  with and will effectuate the purposes of the Act and this part,  including provisions designed to assure that no Federal financial  assistance will thereafter be extended under such program to the  applicant or recipient determined by such decision to be in default in  its performance of an assurance given by it pursuant to this part, or to  have otherwise failed to comply with this part, unless and until it  corrects its noncompliance and satisfies the responsible agency official  that it will fully comply with this part.     (g) Post termination proceedings. (1) An applicant or recipient  adversely affected by an order issued under paragraph (f) of this  section shall be restored to full eligibility to receive Federal  financial assistance if it satisfies the terms and conditions of that  order for such eligibility or if it brings itself into compliance with  this section and provides reasonable assurance that it will fully comply  with this part.     (2) Any applicant or recipient adversely affected by an order  entered pursuant to paragraph (f) of this section may at any time  request the responsible agency official to restore fully its eligibility  to receive Federal financial assistance. Any such request shall be  supported by information showing that the applicant or recipient has met  the requirements of paragraph (g)(1) of this section. If the responsible  agency official determines that those requirements have been satisfied,  the official shall restore such eligibility.     (3) If the responsible agency official denies any such request, the  applicant or recipient may submit a request for a hearing in writing,  specifying why it believes such official to have been in error. It shall  thereupon be given an expeditious hearing, with a decision on the  record, in accordance with rules of procedure issued by the responsible  agency official. The applicant or recipient will be restored to such  eligibility if it proves at such a hearing that it satisfied the  requirements of paragraph (g)(1) of this section. While proceedings  under this paragraph are pending, the sanctions imposed by the order  issued under paragraph (f) of this section shall remain in effect.  [29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17966, July 5, 1973.  Designated subpart A at 45 FR 63268, Sept. 24, 1980, and amended at 51  FR 10384, Mar. 26, 1986]  Sec. 18.11  Judicial review.      Action taken pursuant to section 602 of the Act is subject to  judicial review as provided in section 603 of the Act.  [29 FR 19301, Dec. 31, 1964. Designated subpart A at 45 FR 63268, Sept.  24, 1980]  [[Page 14]]  Sec. 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 on 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 departments or agencies, responsibilities in 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  Sec. 18.10) including the achievement of effective coordination 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 requirement 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 official of this Agency.  [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]  Sec. 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 official 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  [[Page 15]]  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  Sec. 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 extended, directly or through another recipient, for any  program, including any successor, assignee, or transferee thereof, but  such term does not include any ultimate beneficiary under any such  program.     (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 to Part 18--Statutory Provisions to Which This                               Subpart Applies      1. Payments to State homes (38 U.S.C. 1741-1743).     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 to Part 18--Illustrative Applications      The following examples, without being exhaustive, will illustrate  the application of the nondiscrimination provisions to certain  [[Page 16]]  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, schools, and similar institutions for  beneficiaries of the program, and to the facilities in which such  services are provided, subject, however, to the provisions of  Sec. 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 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      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  Sec. 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.  Sec. 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.  Sec. 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 Veterans Affairs.  [[Page 17]]      (f) Recipient means any State or its political subdivision, any  instrumentality of a State or its political subdivision, any public or  private agency, institution, organization, or other entity, or any  person to which Federal financial assistance is extended directly or  through another recipient, including any successor, assignee, or  transferee of a recipient but excluding the ultimate beneficiary of the  assistance.     (g) Applicant for assistance means one who submits an application,  request, or plan required to be approved by an Agency official or by a  recipient as a condition to eligibility for Federal financial  assistance.     (h) Federal financial assistance means any grant, loan, contract  (other than a procurement contract or a contract of insurance or  guaranty), or any other arrangement by which the Agency provides or  otherwise makes available assistance in the form of:     (1) Funds, including funds extended to any entity for payment to or  on behalf of students admitted to that entity, extended directly to  those students for payment to that entity, or extended directly to those  students contingent upon their participation in a program of education  or training of that entity;     (2) Services of Federal personnel; or     (3) Real and personal property or any interest in or use of  property, including;     (i) Transfers or leases of such property for less than fair market  value or for reduced consideration; and     (ii) Proceeds from a subsequent transfer or lease of such property  if the Federal share of its fair market value is not returned to the  Federal Government.     (i) Facility means all or any portion of buildings, structures,  equipment, roads, walks, parking lots, or other real or personal  property or interest in such property.     (j) Handicapped person. (1) Handicapped person means any person who:     (i) Has a physical or mental impairment which substantially limits  one or more major life activities;     (ii) Has a record of such an impairment; or     (iii) Is regarded as having such an impairment.     (2) As used in paragraph (j)(1) of this section, the phrase:     (i) Physical or mental impairment means:     (A) Any physiological disorder or condition, cosmetic disfigurement,  or anatomical loss affecting one or more of the following body systems:  Neurological, musculoskeletal; special sense organs including speech  organs; respiratory; cardiovascular; reproductive; digestive;  genitourinary; hemic and lymphatic; skin; and endocrine; or     (B) Any mental or psychological discorder, such as mental  retardation, organic brain syndrome, emotional or mental illness, and  specific learning disabilities.     (C) The term physical or mental impairment includes, but is not  limited to, such diseases and conditions as orthopedic, visual, speech  and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy,  multiple sclerosis, cancer, heart disease, diabetes, mental retardation,  emotional illness, drug addiction and alcoholism.     (ii) Major life activities means functions such as caring for one's  self, performing manual tasks, walking, seeing, hearing, speaking,  breathing, learning and working.     (iii) Has a record of such an impairment means has a history of, or  has been misclassified as having, a mental or physical impairment that  substantially limits one or more major life activities.     (iv) Is regarded as having an impairment means:     (A) Has a physical or mental impairment that does not substantially  limit major life activities but is treated by a recipient as  constituting such a limitation;     (B) Has a physical or mental impairment that substantially limits  major life activities only as a result of the attitudes of others toward  such impairment;     (C) Has none of the impairments defined in paragraph (j)(2)(i) of  this section, but is treated by a recipient as having such an  impairment.     (k) Qualified handicapped person means:     (1) With respect to employment, a handicapped person who, with  reasonable accommodation, can perform the  [[Page 18]]  essential functions of the job in question;     (2) With respect to public elementary, secondary, or adult  educational services, a handicapped person:     (i) Of an age during which nonhandicapped persons are provided such  services;     (ii) Of any age during which it is mandatory under State laws to  provide such services to handicapped persons; or     (iii) To whom a State is required to provide a free appropriate  public education under section 612 of the Education of the Handicapped  Act; and     (3) With respect to postsecondary and vocational education services,  a handicapped person who meets the academic and technical standards  requisite to admission or participation in the recipient's education  program or activity; and     (4) With respect to other services, a handicapped person who meets  the essential eligibility requirements for the receipt of such services.     (l) Handicap means any condition or characteristic that renders a  person a handicapped person as defined in paragraph (j) of this section.  Sec. 18.404  Discrimination prohibited.      (a) General. No qualified handicapped person shall, on the basis of  handicap, be excluded from participation in, be denied the benefits of,  or otherwise be subjected to discrimination under any program or  activity which receives or benefits from Federal financial assistance.     (b) Discriminatory actions prohibited. (1) A recipient, in providing  an aid, benefit, or service, may not, directly or through contractual,  licensing, or other arrangements, on the basis of handicap:     (i) Deny a qualified handicapped person the opportunity to  participate in or benefit from the aid, benefit, or service that is  equal to that afforded others;     (ii) Afford a qualified handicapped person an opportunity to  participate in or benefit from the aid, benefit, or service that is not  equal to that afforded others;     (iii) Provide a qualified handicapped person with an aid, benefit,  or service that is not as effective as that provided to others;     (iv) Provide different or separate aid, benefits, or services to  handicapped persons or to any class of handicapped persons unless such  action is necessary to provide qualified handicapped persons with aid,  benefits, or services that are as effective as those provided to others;     (v) Aid or perpetuate discrimination against a qualified handicapped  person by providing significant assistance to an agency, organization,  or person that discriminates on the basis of handicap in providing any  aid, benefit, or service to beneficiaries of the recipient's program;     (vi) Deny a qualified handicapped person the opportunity to  participate as a member of planning or advisory boards; or     (vii) Otherwise limit a qualified handicapped person in the  enjoyment of any right, privilege, advantage, or opportunity enjoyed by  others receiving an aid, benefit, or service.     (2) Aids, benefits, and services, to be equally effective, are not  required to produce the identical result or level of achievement for  handicapped and nonhandicapped persons, but must give handicapped  persons equal opportunity to obtain the same result, to gain the same  benefit, or to reach the same level of achievement, in the most  integrated setting appropriate to the person's needs.     (3) Despite the existence of separate or different programs or  activities provided in accordance with this part, a recipient may not  deny a qualified handicapped person the opportunity to participate in  programs or activities that are not separate or different.     (4) A recipient may not, directly or through contractual or other  arrangements, utilize criteria or methods of administration that:     (i) Have the effect of subjecting qualified handicapped persons to  discrimination on the basis of handicap,     (ii) Have the purpose or effect of defeating or substantially  impairing accomplishment of the objectives of the recipient's program  with respect to handicapped persons, or     (iii) Perpetuate the discrimination of another recipient if both  recipients are  [[Page 19]]  subject to common administrative control or are agencies of the same  State.     (5) In determining the site or location of a facility, an applicant  for assistance or a recipient may not make selections that:     (i) Have the effect of excluding handicapped persons from, deny them  the benefits of, or otherwise subject them to discrimination under any  program or activity that receives or benefits from Federal financial  assistance, or     (ii) Have the purpose or effect of defeating or substantially  impairing the accomplishment of the objective of the program or activity  with respect to handicapped persons.     (6) As used in this section, the aid, benefit, or service provided  under a program or activity receiving or benefiting from Federal  financial assistance includes any aid, benefit, or service provided in  or through a facility that has been constructed, expanded, altered,  leased or rented, or otherwise acquired, in whole of in part, with  Federal financial assistance.     (c) Programs limited by Federal law. The exclusion of nonhandicapped  persons or the exclusion of a specific class of handicapped persons from  a program limited by Federal statue or Executive order to a different  class of handicapped persons is not prohibited by this part.     (d) Special communication. Recipients shall take appropriate action  to ensure that communications with their applicants, employees, and  beneficiaries are available to persons with impaired vision and hearing.  Sec. 18.405  Assurances required.      (a) Assurances. An applicant for Federal financial assistance for a  program or activity to which this part applies shall submit an assurance  on a form specified by the Secretary, that the program will be operated  in compliance with this part.     (b) Duration of obligation. (1) When Federal financial assistance is  extended in the form of real property or structures on the property, the  assurance will 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 the purpose for which Federal financial  assistance is extended or for another purpose involving the provisions  of similar services or benefits.     (2) Where Federal financial assistance is extended to provide  personal property, the assurance will obligate the recipient for the  period during which it retains ownership or possession of the property.     (3) In all other cases the assurance will obligate the recipient for  the period during which Federal financial assistance is extended.     (c) Extent of application to institution or facility. An assurance  shall apply to the entire institution or facility unless the applicant  establishes, to the satisfaction of the Secretary, that the  institution's practices in designated parts or programs of the  institution will in no way affect its practices in the program of the  institution for which Federal financial assistance is sought, or the  beneficiaries of or participants in such a program. If the assistance is  being received or requested for the construction of a facility or part  of a facility, the assurance shall apply to the entire facility and to  other facilities operated in connection with the facility.     (d) Covenants. (1) Where Federal financial assistance is provided in  the form of real property or interest in the property from the Agency,  the instrument effecting or recording this transfer shall contain a  covenant running with the land to assure nondiscrimination for the  period during which the real property is used for a purpose for which  the Federal financial assistance is extended or for another purpose  involving the provisions of similar services or benefits.     (2) Where no transfer of property is involved but property is  purchased or improved with Federal financial assistance, the recipient  shall agree to include the covenant described in paragraph (b)(2) of  this section in the instrument effecting or recording any subsequent  transfer of property.     (3) Where Federal financial assistance is provided in the form of  real property or interest in the property from the Agency, the covenant  shall also include a condition coupled with a right to be reserved by  the Agency to revert title to the property if there is a  [[Page 20]]  breach of the covenant. If a transferree of real property proposes to  mortgage or otherwise encumber the real property as security for  financing construction of new, or improvement of existing, facilities on  the property for the purpose for which the property was transferred, the  Secretary may, upon request of the transferee and if necessary to  accomplish such financing and upon such conditions as considered  appropriate, agree to forbear the exercise of the right to revert title  for as long as the lien of the mortgage or other encumbrance remains  effective.     (e) Other methods of enforcement. (1) Recipients are required to  keep such records as the responsible VA official deems necessary for  complete and accurate compliance reports. VA can specify intervals for  reporting and prescribe the form and content of information required to  ascertain whether the recipient has complied or is complying with the  law.     (2) Periodic compliance reviews of training establishments will be  conducted by VA compliance officers. During these reviews recipients are  required to permit access by VA compliance officers during normal  business hours to such of their books, records, accounts, facilities and  other sources of information including interviews with personnel and  trainees as may be pertinent to ascertain compliance with the law.     (3) From study of documentation, results of interviews, and  observation of activities during tours of facilities, compliance  officers will evaluate recipients' compliance status.  [45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986]  Sec. 18.406  Remedial action, voluntary action and self-evaluation.      (a) Remedial action. (1) If the Secretary finds that a recipient has  discriminated against qualified persons on the basis of handicap in  violation of section 504 or this part, the recipient shall take such  remedial action as the Secretary considers necessary to overcome the  effects of the discrimination.     (2) Where a recipient is found to have discriminated against  qualified persons on the basis of handicap in violation of section 504  or this part and where another recipient exercises control over the  recipient that has discriminated, the Secretary, where appropriate, may  require either or both recipients to take remedial action.     (3) The Secretary may, where necessary to overcome the effects of  discrimination in violation of section 504 or this part, require a  recipient to take remedial action with respect to:     (i) Handicapped persons who are no longer participants in the  recipient's program but who were participants in the program when such  discrimination occurred;     (ii) Handicapped persons who would have been participants in the  program had the discrimination not occurred; or     (iii) Handicapped persons presently in the program, but not  receiving full benefits or equal and integrated treatment within the  program.     (b) Voluntary action. A recipient may take steps, in addition to any  action that is required by this part, to overcome the effects of  conditions that resulted in limited participation in the recipient's  program or activity by qualified handicapped persons.     (c) Self-evaluation. (1) A recipient shall, within one year of the  effective date of this part:     (i) Evaluate with the assistance of interested persons, including  handicapped persons or organizations representing handicapped persons,  its current policies and practices and the effects of the policies and  practices that do not or may not meet the requirements of this part;     (ii) Modify, after consultation with interested persons, including  handicapped persons or organizations representing handicapped persons,  any policies and practices that do not meet the requirements of this  part; and     (iii) Take, after consultation with interested persons, including  handicapped persons or organizations representing handicapped persons,  appropriate remedial steps to eliminate the effects of any  discrimination that resulted from adherence to these policies and  practices.     (2) A recipient that employs fifteen or more persons shall, for at  least three years following completion of the evaluation required under  paragraph (c)(1) of this section, maintain on file, make  [[Page 21]]  available for public inspection, and provide to the Secretary upon  request:     (i) A list of the interested persons consulted;     (ii) A description of areas examined and any problems identified;  and     (iii) A description of any modifications made and of any remedial  steps taken.     (3) Recipients who become such more than one year after the  effective date of these regulations shall complete these self-evaluation  requirements within one year after becoming recipients of Federal  financial assistance.  (The information collection requirements contained in paragraph (c) have  been approved by the Office of Management and Budget under control  number 2900-0415)  [45 FR 63268, Sept. 24, 1980, as amended at 49 FR 32574, Aug. 15, 1984]  Sec. 18.407  Designation of responsible employee and adoption of            grievance procedures.      (a) Designation of responsible employee. A recipient that employs  fifteen or more persons shall designate at least one person to  coordinate its efforts to comply with this part.     (b) Adoption of grievance procedures. A recipient that employs  fifteen or more persons shall adopt grievance procedures that  incorporate appropriate due process standards and that provide for the  prompt and equitable resolution of complaints alleging any action  prohibited by this part. Such procedures need not be established with  respect to complaints from applicants for employment or from applicants  for admission to postsecondary educational institutions.  Sec. 18.408  Notice.      (a) A recipient that employs fifteen or more persons shall take  appropriate initial and continuing steps to notify participants,  beneficiaries, applicants, and employees, including those with impaired  vision or hearing, and unions or professional organizations holding  collective bargaining or professional agreements with the recipient that  it does not discriminate on the basis of handicap in violation of  section 504 and this part. The notification shall state, where  appropriate, that the recipient does not discriminate in admission or  access to, or treatment, or employment in, its programs and activities.  The notification shall also include an identification of the responsible  employee designated under Sec. 18.407. A recipient shall make the  initial notification required by this paragraph within 90 days of the  effective date of this part. Methods of initial and continuing  notification may include the posting of notices, publication in  newspapers and magazines, placement of notices in recipient's  publication, and distribution of memorandums or other written  communications.     (b) If a recipient publishes or uses recruitment materials or  publications containing general information that it makes available to  participants, beneficiaries, applicants, or employees, it shall include  in those materials or publications a statement of the policy described  in paragraph (a) of this section. A recipient may meet the requirement  of this section either by including appropriate inserts in existing  materials and publications or by revising and reprinting the materials  and publications.  Sec. 18.409  Administrative requirements for certain recipients.      The Secretary may require any recipient with fewer than fifteen  employees, or any class of such recipients, to comply with Secs. 18.407  and 18.408 in whole or in part, when the Secretary finds a violation of  this part or finds that such compliance will not significantly impair  the ability of the recipient or class of recipients to provide benefits  or services.  Sec. 18.410  Effect of State or local law or other requirements and            effect of employment opportunities.      (a) The obligation to comply with this part is not obviated or  alleviated by the existence of any State law or other requirement that,  on the basis of handicap, imposes prohibitions or limits upon the  eligibility of qualified handicapped persons to receive services or to  practice any occupation or profession.     (b) The obligation to comply with this part is not obviated or  alleviated because employment opportunities in any occupation or  profession are or  [[Page 22]]  may be more limited for handicapped persons than for nonhandicapped  persons.                            Employment Practices  Sec. 18.411  Discrimination prohibited.      (a) General. (1) No qualified handicapped person shall, on the basis  of handicap, be subjected to discrimination in employment under any  program or activity to which this part applies.     (2) A recipient shall make all decisions concerning employment under  any program or activity to which this part applies in a manner which  ensures that discrimination on the basis of handicap does not occur and  may not limit, segregate, or classify applicants or employees in any way  that adversely affects their opportunities or status because of  handicap.     (3) A recipient may not participate in a contractual or other  relationship that has the effect of subjecting qualified handicapped  applicants or employees to discrimination in employment. The  relationships referred to in this section include relationships with  employment and referral agencies, with organizations providing or  administering fringe benefits to employees of the recipient, and with  organizations providing training and apprenticeship programs.     (b) Specific activities. Nondiscrimination in employment applies to:     (1) Recruitment, advertising, and the processing of applications for  employment;     (2) Hiring, upgrading, promotion, award of tenure, demotion,  transfer, layoff, termination, right of return from layoff, and  rehiring;     (3) Rates of pay or other forms of compensation and changes in  compensation;     (4) Job assignments, job classifications, organizational structures,  position descriptions, lines of progression, and seniority lists;     (5) Leaves of absence, sick leave, or any other leave;     (6) Fringe benefits available by virtue of employment, whether or  not administered by the recipient;     (7) Selection and financial support for training, including  apprenticeship, professional meetings, conferences, and other related  activities, and selection for leaves of absence to pursue training;     (8) Employer sponsored activities, including social or recreational  programs; and     (9) Any other term, condition, or privilege of employment.     (c) Collective bargaining agreements. A recipient's obligation to  comply with this subpart is not affected by any inconsistent term of any  collective bargaining agreement to which it is a party.  Sec. 18.412  Reasonable accommodation.      (a) A recipient shall make reasonable accommodation to the known  physical or mental limitations of a handicapped applicant or employee if  such accommodation would enable that person to perform the essential  functions of the job unless the recipient can demonstrate that the  accommodation would impose an undue hardship on the operation of its  program.     (b) Reasonable accommodation may include:     (1) Making facilities used by employees readily accessible to and  usable by handicapped persons; and     (2) Job restructuring, part-time or modified work schedules,  acquisition or modification of equipment or devices, the provision of  readers or interpreters and other similar actions.     (c) In determining under paragraph (a) of this section whether an  accommodation would impose an undue hardship on the operation of a  recipient's program, factors to be considered include:     (1) The overall size of the recipient's program with respect to  number of employees, number and type of facilities, and size of budget;     (2) The type of the recipient's operation, including the composition  and structure of the recipient's work force; and     (3) The nature and cost of the accommodation needed.     (d) A recipient may not deny any employment opportunity to a  qualified handicapped employee or applicant if the basis for denial is  the need to make reasonable accommodation to the  [[Page 23]]  physical or mental limitations of the employee or applicant.  [45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986]  Sec. 18.413  Employment criteria.      (a) A recipient may not use any employment test or other selection  criterion that screens out or tends to screen out handicapped persons or  any class of handicapped persons unless:     (1) The test score or other selection criterion, as used by the  recipient, is shown to be job-related for the position in question; and     (2) Alternative job-related tests or criteria that do not screen out  or tend to screen out as many handicapped persons are not shown by the  Secretary to be available.     (b) A recipient shall select and administer tests concerning  employment to best ensure that when administered to an applicant or  employee who has a handicap that impairs sensory, manual, or speaking  skills, the test results accurately reflect the applicant's or  employee's job skills, aptitude, or whatever other factor the test  purports to measure, rather than reflect the applicant's or employee's  impaired sensory, manual, or speaking skills (except when those skills  are the factors that the test purports to measure).  Sec. 18.414  Preemployment inquiries.      (a) Except as provided in paragraphs (b) and (c) of this section, a  recipient may not conduct a preemployment medical examination or may not  make preemployment inquiry of an applicant as to whether the applicant  is a handicapped person or as to the nature or severity of a handicap. A  recipient may, however, make preemployment inquiry into the applicant's  ability to perform job-related functions.     (b) When a recipient is taking remedial action to correct the  effects of past discrimination pursuant to Sec. 18.406(a), when a  recipient is taking voluntary action to overcome the effects of  conditions that resulted in limited participation in its federally  assisted program or activity pursuant to Sec. 18.406(b), or when a  recipient is taking affirmative action pursuant to section 503 of the  Act, the recipient may invite applicants for employment to indicate  whether and to what extent they are handicapped, provided that:     (1) The recipient states clearly on any written questionnaire used  for this purpose or makes clear orally if no written questionnaire is  used that the information requested is intended for use solely in  connection with its remedial action obligations or its voluntary or  affirmative action efforts; and     (2) The recipient states clearly that the information is being  requested on a voluntary basis, that it will be kept confidential as  provided in paragraph (d) of this section, that refusal to provide it  will not subject the applicant or employee to any adverse treatment, and  that it will be used only in accordance with this part.     (c) Nothing in this section shall prohibit a recipient from  conditioning an offer of employment on the results of a medical  examination conducted prior to the employee's entrance on duty, provided  that:     (1) All entering employees are subjected to such an examination  regardless of handicap, and (2) the results of such an examination are  used only in accordance with the requirements of this part.     (d) Information obtained in accordance with this section as to the  medical condition or history of the applicant shall be collected and  maintained on separate forms that shall be accorded confidentiality as  medical records, except that:     (1) Supervisors and managers may be informed regarding restrictions  on the work or duties of handicapped persons and regarding necessary  accommodations;     (2) First aid and safety personnel may be informed, where  appropriate, if the condition might require emergency treatment;     (3) Government officials investigating compliance with the Act shall  be provided relevant information upon request.                            Program Accessibility  Sec. 18.421  Discrimination prohibited.      No qualified handicapped person shall, because a recipient's  facilities are inaccessible to or unusable by handicapped persons, be  denied the  [[Page 24]]  benefits of, be excluded from participation in, or otherwise be  subjected to discrimination under any program or activity to which this  part applies.  Sec. 18.422  Existing facilities.      (a) Program accessibility. A recipient shall operate each program or  activity to which this part applies so that the program or activity,  when viewed in its entirety, is readily accessible to handicapped  persons. This paragraph does not require a recipient to make each of its  existing facilities or every part of a facility accessible to and usable  by handicapped persons.     (b) Methods. A recipient may comply with the requirement of  paragraph (a) of this section through such measures as redesign of  equipment, reassignment of classes or other services to accessible  buildings, assignment of aids to beneficiaries, home visits, delivery of  health, or other social services at alternate accessible sites,  alteration of existing facilities and construction of new facilities in  conformance with Sec. 18.423 or any other methods that make its program  or activity accessible to handicapped persons. A recipient is not  required to make structural changes in existing facilities where other  methods are effective in making its programs or activities readily  accessible to handicapped persons. In choosing among available methods  for complying with paragraph (a) of this section, a recipient shall give  priority to methods that offer programs and activities to handicapped  persons in the most integrated setting appropriate.     (c) Small health, welfare or other social service providers, and  recipients that operate other than educational programs or activities.  If a recipient with fewer than fifteen employees finds after  consultation with a handicapped person seeking its services that there  is no method of complying with paragraph (a) of this section other than  making a significant alteration in its existing facilities, the  recipient may, as an alternative, refer the qualified handicapped person  to other providers whose services are accessible. Where referrals are  necessary, transportation costs shall not exceed costs to and from  recipients' programs.     (d) Time period. A recipient shall comply with paragraph (a) of this  section within 60 days of the effective date of this part except that  when structural changes in facilities are necessary, these changes shall  be made as soon as practicable, but not later than three years after the  effective date of this part.     (e) Transition plan. If structural changes to facilities are  necessary to meet the requirements of paragraph (a) of this section, a  recipient shall develop a transition plan within six months of the  effective date of this part setting forth the steps necessary to  complete such change. The plan shall be developed with the assistance of  interested persons, including handicapped persons or organizations  representing handicapped persons. A copy of the transition plan shall be  available for public inspection. The plan shall, at a minimum:     (1) Identify physical obstacles in the recipient's facilities that  limit the accessibility of its program or activity to handicapped  persons;     (2) Describe in detail the methods that will be used to make the  facilities accessible;     (3) Specify the schedule for taking the steps necessary to achieve  full program accessibility and, if the time period of the transition  plan is longer than one year, identify steps that will be taken during  each year of the transition period; and     (4) Indicate the person responsible for implementation of the plan.     (f) Notice. The recipient shall implement procedures to ensure that  interested persons, including persons with impaired vision or hearing,  can obtain information concerning the existence and location of  services, activities, and facilities that are accessible to and usable  by handicapped persons.  (The information collection requirements contained in paragraph (e) have  been approved by the Office of Management and Budget under control  number 2900-0414)  [45 FR 63268, Sept. 24, 1980, as amended at 49 FR 32574, Aug. 15, 1984]  Sec. 18.423  New construction.      (a) Design and construction. Each facility or part of a facility  constructed  [[Page 25]]  by, on behalf of, or for the use of a recipient shall be designed and  constructed so that the facility or part of the facility is readily  accessible to and usable by handicapped persons, if the construction was  commenced after the effective date of this part.     (b) Alteration. Each facility or part of a facility which is altered  by, on behalf of, or for the use of a recipient after the effective date  of this part in a manner that affects or could affect the usability of  the facility or part of the facility shall, to the maximum extent  feasible, be altered so that the altered portion of the facility is  readily accessible to and usable by handicapped persons.     (c) Conformance with Uniform Federal Accessibility Standards. (1)  Effective as of January 18, 1991, design, construction, or alteration of  buildings in conformance with sections 3-8 of the Uniform Federal  Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6)  shall be deemed to comply with the requirements of this section with  respect to those buildings. Departures from particular technical and  scoping requirements of UFAS by the use of other methods are permitted  where substantially equivalent or greater access to and usability of the  building is provided.     (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall  be interpreted to exempt from the requirements of UFAS only mechanical  rooms and other spaces that, because of their intended use, will not  require accessibility to the public or beneficiaries or result in the  employment or residence therein of persons with physical handicaps.     (3) This section does not require recipients to make building  alterations that have little likelihood of being accomplished without  removing or altering a load-bearing structural member.  [45 FR 63268, Sept. 24, 1980, as amended at 55 FR 52138, 52141, Dec. 19,  1990]                 Elementary, Secondary, and Adult Education  Sec. 18.431  Application.      Sections 18.431 through 18.439 apply to elementary, secondary, and  adult education programs and activities that receive or benefit from  Federal financial assistance from the Department of Veterans Affairs and  to recipients that operate or receive or benefit from Federal financial  assistance for the operation of such programs or activities.  Sec. 18.432  Location and notification.      A recipient that operates a public elementary or secondary  educational program shall annually:     (a) Undertake to identify and locate every qualified handicapped  person residing in the recipient's jurisdiction who is not receiving a  public education; and     (b) Take appropriate steps to notify handicapped persons their  parents or guardians of the recipients's duty under Secs. 18.431 through  18.439.  Sec. 18.433  Free appropriate public education.      (a) General. A recipient that operates a public elementary or  secondary education program shall provide a free appropriate public  education to each qualified handicapped person who is in the recipient's  jurisdiction, regardless of the nature or severity of the person's  handicap.     (b) Appropriate education. (1) The provision of an appropriate  education is the provision of regular or special education and related  aids and services that:     (i) Are designed to meet individual educational needs of handicapped  persons as adequately as the needs of nonhandicapped persons are met;  and     (ii) Are based upon adherence to procedures that satisfy the  requirements of Secs. 18.434, 18.435, and 18.436.     (2) Implementation of an individualized education program developed  in accordance with the Education of the Handicapped Act is one means of  meeting the standard established in paragraph (b)(1)(i) of this section.     (3) A recipient may place a qualified handicapped person in or refer  that person to a program other than the one that it operates as its  means of carrying out the requirements of Secs. 18.431 through 18.439.  The recipients remain responsible for ensuring that the requirements of  Secs. 18.431 through 18.439 are met with respect to any qualified  [[Page 26]]  handicapped person so placed or referred.     (c) Free education. (1) The provision of a free education is the  provision of educational and related services without cost to the  handicapped person, parents or guardian, except for those fees that are  imposed on nonhandicapped persons or their parents or guardian. It may  consist either of the provision of free services or, if a recipient  places a handicapped person in or refers that person to a program not  operated by the recipient as its means of carrying out the requirements  of Secs. 18.431 through 18.439, of payment for the costs of the program.  Funds available from any public or private agency may be used to meet  the requirements of this subpart. Nothing in this section shall be  construed to relieve an insurer or similar third party from an otherwise  valid obligation to provide or pay for services provided to a  handicapped person.     (2) If a recipient places a handicapped person in or refers that  person to a program not operated by the recipient as its means of  carrying out the requirements of this subpart, the recipient shall  ensure that adequate transportation to and from the program is provided  at no greater cost than would be incurred by the person, parents or  guardian if the person were placed in the program operated by the  recipient.     (3) If placement in a public or private residential program is  necessary to provide free appropriate public education to a handicapped  person because of his or her handicap, the program, including non- medical care and room and board, shall be provided at no cost to the  person, parents or guardian.     (4) If a recipient has made available, in conformance with this  section and Sec. 18.434, a free appropriate public education to a  handicapped person and the person's parents or guardian chooses to place  the person in a private school, the recipient is not required to pay for  the person's education in the private school. Disagreements between a  parent or guardian and a recipient regarding whether the recipient has  made such a program available or regarding the question of financial  responsibility are subject to the due process procedures of Sec. 18.436.     (d) Compliance. A recipient may not exclude any qualified  handicapped person from a public elementary or secondary education after  the effective date of this part. A recipient that is not, on the  effective date of this part, in full compliance with the requirements of  paragraphs (a) through (c) of this section shall meet those requirements  at the earliest practicable time, but not later than October 1, 1981.  [45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986;  51 FR 12702, Apr. 15, 1986]  Sec. 18.434  Education setting.      (a) Academic setting. A recipient shall educate, or shall provide  for the education of, each qualified handicapped person in its  jurisdiction with persons who are not handicapped to the maximum extent  appropriate to the needs of the handicapped person. A recipient shall  place a handicapped person in the regular educational environment  operated by the recipient unless it is demonstrated by the recipient  that the education of the person in the regular environment with the use  of supplementary aids and services cannot be achieved satisfactorily. In  deciding whether to place a person in a setting other than the regular  educational environment, a recipient shall consider the proximity of the  alternate setting to the person's home.     (b) Nonacademic settings. In providing or arranging for the  provision of nonacademic and extracurricular services and activities, a  recipient shall ensure that handicapped persons participate with  nonhandicapped persons in those activities and services to the maximum  extent appropriate to the needs of the handicapped person in question.     (c) Comparable facilities. If a recipient in compliance with  paragraph (a) of this section operates a facility that is identifiable  as being for handicapped persons, the recipient shall ensure that the  facility and the services and activities provided in that facility are  comparable to the other facilities, services, and activities of the  recipient.  Sec. 18.435  Evaluation and placement.      (a) Preplacement evaluation. A recipient that operates a public  elementary or secondary education program shall  [[Page 27]]  conduct an evaluation of any qualified person who, because of handicap,  needs or is believed to need special education or related services  before taking any action concerning the initial placement of the person  in a regular or special program and any subsequent change in placement.     (b) Evaluation procedures. Elementary, secondary, and adult  education programs and activities that receive or benefit from Federal  financial assistance shall establish standards and procedures for the  evaluation and placement of persons who, because of handicap, need or  are believed to need special education or related services which ensure  that:     (1) Tests and other evaluation materials have been validated for the  specific purpose for which they are used and are administered by trained  personnel in conformance with the instructions provided by their  producer;     (2) Tests and other evaluation materials include those tailored to  assess specific areas of educational need and not merely those which are  designed to provide a single general intelligence quotient; and     (3) Tests are selected and administered to best ensure that, when a  test is administered to a student with impaired sensory, manual, or  speaking skills, the test results accurately reflect the student's  aptitude or achievement level or whatever other factor the test purports  to measure, rather than reflect the student's impaired sensory, manual,  or speaking skills (except where those skills are the factors that the  test purports to measure.)     (c) Placement procedures. In interpreting evaluation data and in  making placement decisions, a recipient shall:     (1) Draw upon information from a variety of sources, including  aptitude and achievement tests, teacher recommendations, physical  condition, social or cultural background and adaptive behavior;     (2) Establish procedures to ensure that information obtained from  all sources is documented and carefully considered;     (3) Ensure that the placement decision is made by a group of  persons, including persons knowledgeable about the student, the meaning  of the evaluation data and the placement options; and     (4) Ensure that the placement decision is made in accordance with  Sec. 18.434.     (d) Reevaluation. A recipient to which this section applies shall  establish procedures, in accordance with paragraph (b) of this section,  for periodic reevaluation of students who have been provided special  education and related services. A reevaluation procedure consistent with  the Education for the Handicapped Act is one means of meeting this  requirement.  Sec. 18.436  Procedural safeguards.      (a) A recipient that operates a public elementary or secondary  education program shall implement a system of procedural safeguards with  respect to actions regarding the identification, evaluation, or  educational placement of persons who, because of handicap, need or are  believed to need special instruction or related services. The system  shall include:     (1) Notice;     (2) An opportunity for the parents or guardian of the person to  examine relevant records;     (3) An impartial hearing with opportunity for participation by the  person's parents or guardian and representation by counsel; and     (4) Review procedure.     (b) Compliance with the procedural safeguards of section 615 of the  Education of the Handicapped Act is one means of meeting this  requirement.  Sec. 18.437  Nonacademic services.      (a) General. (1) Elementary, secondary, and adult education programs  that receive or benefit from Federal financial assistance shall provide  nonacademic and extracurricular services and activities in a manner  which gives handicapped students an equal opportunity for participation  in these services and activities.     (2) Nonacademic and extracurricular services and activities may  include counseling services, physical recreational athletics,  transportation, health services, recreational activities, special  interest groups or clubs sponsored by the recipient, referrals to  agencies which provide assistance to handicapped persons, and employment  [[Page 28]]  of students, including both employment by the recipient and assistance  in making available outside employment.     (b) Counseling services. Elementary, secondary, and adult education  programs that receive or benefit from Federal financial assistance and  that provide personal, academic, or vocational counseling, guidance, or  placement services to their students shall provide these services  without discrimination on the basis of handicap and shall ensure that  qualified handicapped students are not counseled toward more restrictive  career objectives than are nonhandicapped students with similar  interests and abilities.     (c) Physical education and athletics. (1) In providing physical  education courses and athletics and similar programs and activities to  any of its students, an elementary, secondary, or adult education  program or activity that receives or benefits from Federal financial  assistance may not discriminate on the basis of handicap. A recipient  that offers physical education courses or that operates or sponsors  interscholastic, club, or intramural activities shall provide to  qualified handicapped students an equal opportunity for participation in  these activities.     (2) A recipient may offer to handicapped students physical education  and athletic activities that are separate or different from those  offered to nonhandicapped students only if separation or differentiation  is consistent with the requirements of Sec. 18.434 and only if no  qualified handicapped student is denied the opportunity to compete for  teams or to participate in courses that are not separate or different.  Sec. 18.438  Adult education programs.      A recipient that operates an adult education program or activity may  not, on the basis of handicap, exclude qualified handicapped persons  from the program or activity. The recipient shall take into account the  needs of these persons in determining the aid, benefits, or services to  be provided under the program or activity.  Sec. 18.439  Private education programs.      (a) A recipient that operates a private elementary or secondary  education program may not on the basis of handicap, exclude a qualified  handicapped person from that program if the person can, with minor  adjustments, be provided an appropriate education, as defined in  Sec. 18.433(b)(1), within the recipient's program.     (b) A recipient may not charge more for providing an appropriate  education to handicapped persons than to nonhandicapped persons except  to the extent that any additional charge is justified by a substantial  increase in cost to the recipient.     (c) A recipient to which this section applies that operates special  education programs shall operate those programs in accordance with  Secs. 18.435 and 18.436. Each recipient to which this section applies is  subject to Secs. 18.434, 18.437, and 18.438.                           Postsecondary Education  Sec. 18.441  Application.      Sections 18.441 through 18.447 apply to postsecondary education  programs and activities that receive or benefit from Federal financial  assistance from the Department of Veterans Affairs and to recipients  that operate or receive or benefit from Federal financial assistance for  the operation of such programs or activities.  Sec. 18.442  Admissions and recruitment.      (a) General. Qualified handicapped persons may not, on the basis of  handicap, be denied admission or be subjected to discrimination in  admission or recruitment by a recipient.     (b) Admission. In administering its admission policies, a recipient;     (1) May not apply limitations on the number or proportion of  handicapped persons who may be admitted;     (2) May not use any test or criterion for admission that has a  disproportionate, adverse effect on handicapped persons or any class of  handicapped persons unless:     (i) The test or criterion, as used by the recipient, has been  validated as a predictor of success in the education program or activity  in question; and     (ii) Alternate tests or criteria that have a less disproportionate,  adverse effect are not shown by the Secretary to be available;  [[Page 29]]      (3) Shall assure itself that:     (i) Admissions tests are selected and administered to best ensure  that, when a test is administered to an applicant who has a handicap  that impairs sensory, manual, or speaking skills, the test results  accurately reflect the applicant's aptitude or achievement level or  whatever other factors the test purports to measure, rather than reflect  the applicant's impaired sensory, manual, or speaking skills (except  where those skills are the factors that the test purports to measure);     (ii) Admissions tests that are designed for persons with impaired  sensory, manual, or speaking skills are offered as often and in as  timely a manner as are other admissions tests; and     (iii) Admissions tests are administered in facilities that, on the  whole, are accessible to handicapped persons; and     (4) Except as provided in paragraph (c) of this section, may not  make preadmission inquiries as to whether an applicant for admission is  a handicapped person. After admission, the recipient may inquire on a  confidential basis as to handicaps that may require accommodation.     (c) Preadmission inquiry exception. When a recipient is taking  remedial action to correct the effects of past discrimination under  Sec. 18.406(a) or when a recipient is taking voluntary action to  overcome the effects of conditions that resulted in limited  participation in its federally assisted program or activity under  Sec. 18.406(b), the recipient may invite applicants for admission to  indicate whether and to what extent they are handicapped.     (1) The recipient shall state clearly on any written questionnaire  used for this purpose or make clear orally if no written questionnaire  is used that the information requested is intended for use solely in  connection with its remedial action obligations or its voluntary action  efforts; and     (2) The recipient shall state clearly that the information is being  requested on a voluntary basis, that it will be kept confidential, that  refusal to provide it will not subject the applicant to any adverse  treatment, and that it will be used only in accordance with this part.     (d) Validity studies. For the purpose of paragraph (b)(2) of this  section, a recipient may base prediction equations on first year grades,  but shall conduct periodic validity studies against the criterion of  overall success in the education program or activity in question to  monitor the general validity of the test scores.  Sec. 18.443  General treatment of students.      (a) No qualified handicapped student shall, on the basis of  handicap, be excluded from participation in, be denied the benefits of,  or otherwise be subjected to discrimination under any academic,  research, occupational training, housing, health insurance, counseling,  financial aid, physical education, athletics, recreation,  transportation, other extracurricular, or other program or activity  operated by a recipient to which this subpart applies.     (b) A recipient that considers participation by students in  education programs or activities not operated wholly by the recipient as  part of, or equivalent to, an education program or activity operated by  the recipient shall assure itself that the other education program or  activity, as a whole, provides an equal opportunity for the  participation of qualified handicapped persons.     (c) A recipient to which this subpart applies may not, on the basis  of handicap, exclude any qualified handicapped student from any course,  course of study, or other part of its education program or activity.     (d) A recipient shall operate its programs and activities in the  most integrated setting appropriate.  Sec. 18.444  Academic adjustments.      (a) Academic requirements. A recipient shall make necessary  modifications to its academic requirements to ensure that these  requirements do not discriminate or have the effect of discriminating,  on the basis of handicap, against a qualified handicapped applicant or  student. Modifications may include changes in the length of time  permitted for the completion of degree requirements, substitution of  specific courses required for the completion of degree requirements, and  adaptation of the manner in which specific courses  [[Page 30]]  are conducted. Academic requirements that the recipient can demonstrate  are essential to the program of instruction being pursued by the student  or to any directly related licensing requirement will not be regarded as  discriminatory within the meaning of this section.     (b) Other rules. A recipient may not impose upon handicapped  students other rules, such as the prohibition of tape recorders in  classrooms or guide dogs in campus buildings, that have the effect of  limiting the participation of handicapped students in the recipient's  education program or activity.     (c) Course examinations. In its course examinations or other  procedures for evaluating students' academic achievement in its program,  a recipient shall provide methods for evaluating the achievement of  students who have a handicap that impairs sensory, manual, or speaking  skills that will best ensure that the results of the evaluation  represent the students' achievement in the course, rather than reflect  the students' impaired sensory, manual, or speaking skills (except where  such skills are the factors that the test purports to measure).     (d) Auxiliary aids. (1) A recipient shall ensure that no qualified  handicapped student is denied the benefits of, excluded from  participation in, or otherwise subjected to discrimination under the  education program or activity operated by the recipient because of the  absence of educational auxiliary aids for students with impaired  sensory, manual, or speaking skills.     (2) Auxiliary aids may include taped texts, interpreters or other  effective methods of making orally delivered materials available to  students with hearing impairments, readers in libraries for students  with visual impairments, classroom equipment adapted for use by students  with manual impairments, and other similar services and actions.  Recipients need not provide attendants, individually prescribed devices,  readers for personal use or study, or other devices or services of a  personal nature.  Sec. 18.445  Housing.      (a) Housing provided by a recipient. A recipient that provides  housing to its nonhandicapped students shall provide comparable,  convenient, and accessible housing to qualified handicapped students at  the same cost as to others. At the end of the transition period provided  for in Sec. 18.422(e), this housing shall be available in sufficient  quantity and variety so that the scope of handicapped students' choice  of living accommodations is, as a whole, comparable to that of  nonhandicapped students.     (b) Other housing. A recipient that assists any agency,  organization, or person in making housing available to any of its  students shall assure itself that such housing is, as a whole, made  available in a manner that does not result in discrimination on the  basis of handicap.  Sec. 18.446  Financial and employment assistance to students.      (a) Provision of financial assistance. (1) In providing financial  assistance to qualified handicapped persons, a recipient may not:     (i) On the basis of handicap, provide less assistance than is  provided to nonhandicapped persons, limit eligibility for assistance, or  otherwise discriminate; or     (ii) Assist any entity or person that provides assistance to any of  the recipient's students in a manner that discriminates against  qualified handicapped persons on the basis of handicap.     (2) A recipient may administer or assist in the administration of  scholarships, fellowships, or other forms of financial assistance  established under wills, trusts, bequests, or similar legal instruments  that require awards to be made on the basis of factors that discriminate  or have the effect of discriminating on the basis of handicap only if  the overall effect of the award of scholarships, fellowships, and other  forms of financial assistance is not discriminatory on the basis of  handicap.  [[Page 31]]      (b) Assistance in making available outside employment. A recipient  that assists any agency, organization, or person in providing employment  opportunities to any of its students shall assure itself that these  employment opportunities, as a whole, are made available in a manner  that would not violate Secs. 18.411 through 18.414 if the opportunities  were provided by the recipient.     (c) Employment of students by recipients. A recipient that employs  any of its students may not do so in a manner that violates Secs. 18.411  through 18.414.  Sec. 18.447  Nonacademic services.      (a) Physical education and athletics. (1) In providing physical  education courses and athletics and similar programs and activities to  any of its students, a recipient may not discriminate on the basis of  handicap. A recipient that offers physical education courses or that  operates or sponsors intercollegiate, club or intramural athletics shall  provide to qualified handicapped students an equal opportunity for  participation in these activities.     (2) A recipient may offer to handicapped students physical education  and athletic activities that are separate or different only if  separation or differentiation is consistent with the requirements of  Sec. 18.443(d) and only if no qualified handicapped student is denied  the opportunity to compete for teams or to participate in courses that  are not separate or different.     (b) Counseling and placement services. A recipient that provides  personal, academic, or vocational counseling, guidance, or placement  services to its students shall provide these services without  discrimination on the basis of handicap. The recipient shall ensure that  qualified handicapped students are not counseled toward more restrictive  career objectives than are nonhandicapped students with similar  interests and abilities. This requirement does not preclude a recipient  from providing factual information about licensing and certification  requirements that may present obstacles to handicapped persons in their  pursuit of particular careers.     (c) Social organizations. A recipient that provides significant  assistance to fraternities, sororities, or similar organizations shall  assure itself that the membership practices of these organizations do  not permit discrimination otherwise prohibited by Secs. 18.441 through  18.447.                         Health and Social Services  Sec. 18.451  Application.      Subpart F applies to health, and other social service programs and  activities that receive or benefit from Federal financial assistance  from the Department of Veterans Affairs and to recipients that operate  or receive or benefit from Federal financial assistance for the  operation of such programs or activities.  Sec. 18.452  Health and other social services.      (a) General. In providing health, or other social services or  benefits, a recipient may not, on the basis of handicap:     (1) Deny a qualified handicapped person these benefits or services;     (2) Give a qualified handicapped person the opportunity to receive  benefits or services that are not equal to those offered nonhandicapped  persons.     (3) Provide a qualified handicapped person with benefits or services  that are not as effective (as defined in Sec. 18.404(b)(2)) as the  benefits or services provided to others;     (4) Provide benefits or services in a manner that limits or has the  effect of limiting the participation of qualified handicapped persons;  or     (5) Provide different or separate benefits or services to  handicapped persons except where necessary to provide qualified  handicapped persons with benefits and services that are as effective as  those provided to others.     (b) Notice. A recipient that provides notice concerning benefits or  services or written material concerning waivers of rights of consent to  treatment shall ensure that qualified handicapped persons, including  those with impaired sensory or speaking skills, are not denied effective  notice because of their handicap.     (c) Emergency treatment for the hearing impaired. A recipient  hospital that provides health services or benefits shall  [[Page 32]]  establish a procedure for effective communication with persons with  impaired hearing for the purpose of providing emergency care.     (d) Auxiliary aids. (1) A recipient that employs fifteen or more  persons shall provide appropriate auxiliary aids to persons with  impaired sensory, manual, or speaking skills, where necessary to give  these persons an equal opportunity to benefit from the service in  question.     (2) The Secretary may require recipients with fewer than fifteen  employees to provide auxiliary aids where the provision of aids would  not significantly impair the ability of the recipient to provide its  benefits or services.     (3) Auxiliary aids may include brailled and taped material,  interpreters, and aids for persons with impaired hearing or vision.  Sec. 18.453  Drug and alcohol addicts.      A recipient that operates a general hospital or outpatient facility  may not discriminate, with regard to a drug or alcohol abuser or  alcoholic who is suffering from a medical condition, in the admission of  that person for treatment of the medical condition, or in the treatment  of the medical condition because of the person's drug or alcohol abuse  or alcoholism.  Sec. 18.454  Education of institutionalized persons.      A recipient that operates or supervises a program or activity for  persons who are institutionalized because of handicap and is responsible  for providing training shall ensure that each qualified handicapped  person, as defined in Sec. 18.403(k)(2), in its program or activity is  provided an appropriate education, as defined in Sec. 18.433(b). Nothing  in this section shall be interpreted as altering in any way the  obligations of recipients under Secs. 18.431 through 18.439.  [45 FR 63268, Sept. 24, 1980; 51 FR 12702, Apr. 15, 1986]                                 Procedures  Sec. 18.461  Procedures.      The procedural provisions applicable to Title VI of the Civil Rights  Act of 1964 apply to this part. These procedures are found in Secs. 18.6  through 18.11 and part 18b of this chapter.   Appendix A to Subpart D to Part 18--Statutory Provisions to Which This                                Part Applies  1. Payments to State Homes (38 U.S.C. 1741-1743). 2. State home facilities for furnishing domiciliary, nursing home, and            hospital care (38 U.S.C. 8131-8137). 3. Transfers for nursing home care; adult day health care (38 U.S.C.            1720). 4. Sharing of medical facilities, equipment, and information (38 U.S.C.            8151-8157). 5. Assistance in establishing new state medical schools, grants to            affiliated medical schools; assistance to health manpower            training institutions (38 U.S.C. Chapter 82). 6. Approval of educational institutions (38 U.S.C. 104). 7. Medical care for survivors and dependents of certain veterans (38            U.S.C. 1713). 8. Space and office facilities for representatives of State employment            service (38 U.S.C. 7725(4)). 9. Space and office facilities for representatives of recognized            national service organizations (38 U.S.C. 5902(a)(2)). 10. All-volunteer force educational assistance, vocational            rehabilitation post-Vietnam era veterans educational            assistance; 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). 11. Treatment and rehabilitation for alcohol or drug dependence or abuse            disabilities (38 U.S.C. 1720A). 12. Aid to States for establishment, expansion, and improvement of            veterans cemeteries (38 U.S.C. 2408). 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).  [45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986;  51 FR 12702, Apr. 15, 1986]              Subpart E--Nondiscrimination on the Basis of Age      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101, et seq.; 45 CFR part 90 (1979).      Source: 50 FR 34133, Aug. 23, 1985, unless otherwise noted.  [[Page 33]]                                   General  Sec. 18.501  Purpose.      The purpose of these regulations is to set out Department of  Veterans Affairs (VA) policies and procedures under the Age  Discrimination Act of 1975 and the governmentwide age discrimination  regulations at 45 CFR part 90. The Act and the governmentwide  regulations prohibit discrimination on the basis of age in programs or  activities receiving Federal financial assistance. The Act and the  governmentwide regulations permit federally assisted programs and  activities, and recipients of Federal funds, to continue to use age  distinctions and factors other than age which meet the requirements of  the Act and its implementing regulations.  (Authority: 42 U.S.C. 6101-6107)  [50 FR 34133, Aug. 23, 1985, as amended at 54 FR 34984, Aug. 23, 1989]  Sec. 18.502  Application.      (a) These regulations apply to any program or activity receiving  Federal financial assistance provided by VA directly or through another  recipient.     (b) These regulations do not apply to:     (1) An age distinction contained in that part of a Federal, State,  or local statute or ordinance adopted by an elected, general purpose  legislative body which:     (i) Provides any benefits or assistance to persons based on age; or     (ii) Establishes criteria for participation in age-related terms; or     (iii) Describes intended beneficiaries or target groups in age- related terms.     (2) Any employment practice of any employer, employment agency,  labor organization, or any labor-management joint apprenticeship  training program, except any program or activity receiving Federal  financial assistance for public service employment under the Job  Training Partnership Act, 29 U.S.C. 1501, et seq.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.503  Definitions.      As used in these regulations:     (a) Act means the Age Discrimination Act of 1975, as amended (Title  III of Pub. L. 94-135, 42 U.S.C. 6101-6107).     (b) Action means any act, activity, policy, rule, standard, or  method of administration; or the use of any policy, rule, standard, or  method of administration.     (c) Secretary means the Secretary of Veterans Affairs or designees.     (d) Age means how old a person is, or the number of elapsed years  from the date of a person's birth.     (e) Age discrimination means unlawful treatment based on age.     (f) Age distinction means any action using age or an age-related  term.     (g) Age-related term means a word or words which necessarily imply a  particular age or range of ages (for example, children, adult, older  persons, but not student).     (h) Day means calendar day.     (i) Federal financial assistance means any grant, entitlement, loan,  cooperative agreement, contract (other than a procurement contract or a  contract of insurance or guaranty), or any other arrangement by which a  Federal agency or department provides or otherwise makes available  assistance in the form of:     (1) Funds; or     (2) Services of Federal personnel; or     (3) Real and personal property or any interest in or use of  property, including:     (i) Transfers or leases of property for less than fair market value  or for reduced consideration; and     (ii) Proceeds from a subsequent transfer or lease of property if the  Federal share of its market value is not returned to the Federal  Government.     (j) Recipient means any State or its political subdivision, any  instrumentality of a State or its political subdivision, any public or  private agency, institution, organization, or other entity, or any  person to which Federal financial assistance is extended, directly or  through another recipient. Recipient includes any successor, assignee,  or transferee, but excludes the ultimate beneficiary of the assistance.     (k) Subrecipient means any of the entities in the definition of  recipient to which a recipient extends or passes on Federal financial  assistance. A subrecipient is generally regarded as a recipient of  Federal financial assistance  [[Page 34]]  and has all the duties of a recipient in these regulations.     (l) United States means the fifty States, the District of Columbia,  Puerto Rico, the Virgin Islands, the Canal Zone, the Trust Territories  of the Pacific Islands, the Northern Marianas, and the territories and  possessions of the United States.  (Authority: 42 U.S.C. 6101-6107)                Standards for Determining Age Discrimination  Sec. 18.511  Rules against age discrimination.      The rules in this section are limited by the exceptions contained in  Secs. 18.513 and 18.514 of these regulations.     (a) General rule. No person in the United States shall, on the basis  of age, be excluded from participation in, be denied the benefits of, or  be subjected to discrimination under, any program or activity receiving  Federal financial assistance.     (b) Specific rules. A recipient may not, in any program or activity  receiving Federal financial assistance, directly or through contractual  licensing, or other arrangements, use age distinctions or take any other  actions which have the effect, on the basis of age, of:     (1) Excluding individuals from, denying them the benefits of, or  subjecting them to discrimination under, a program or activity receiving  Federal financial assistance; or     (2) Denying or limiting individuals in their opportunity to  participate in any program or activity receiving Federal financial  assistance.     (c) The specific forms of age discrimination listed in paragraph (b)  of this section do not necessarily constitute a complete list.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.512  Definitions of ``normal operation'' and ``statutory            objective.''      For the purpose of these regulations, the terms normal operation and  statutory objective shall have the following meaning:     (a) Normal operation means the operation of a program or activity  without significant changes that would impair its ability to meet its  objectives.     (b) Statutory objective means any purpose of a program or activity  expressly stated in any Federal statute, State statute, or local statute  or ordinance adopted by an elected, general purpose legislative body.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.513  Exceptions to the rules against age discrimination; normal            operation or statutory objective of any program or activity.      A recipient is permitted to take an action, otherwise prohibited by  Sec. 18.511, if the action reasonably takes into account age as a factor  necessary to the normal operation or the achievement of any statutory  objective of a program or activity. An action reasonably takes into  account age as a factor necessary to the normal operation or the  achievement of any statutory objective of a program or activity, if:     (a) Age is used as a measure or approximation of one or more other  characteristics; and     (b) The other characteristic(s) must be measured or approximated in  order for the normal operation of the program or activity to continue,  or to achieve any statutory objective of the program or activity; and     (c) The other characteristic(s) can be reasonably measured or  approximated by the use of age; and     (d) The other characteristic(s) are impractical to measure directly  on an individual basis.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.514  Exceptions to the rules against age discrimination;            reasonable factors other than age.      A recipient is permitted to take an action otherwise prohibited by  Sec. 18.511 which is based on a factor other than age, even though that  action may have a disproportionate effect on persons of different ages.  An action may be based on a factor other than age only if the factor  bears a direct and substantial relationship to the normal operation of  the program or activity or to the achievement of a statutory objective.  (Authority: 42 U.S.C. 6101-6107)  [[Page 35]]  Sec. 18.515  Burden of proof.      The burden of proving that an age distinction or other action falls  within the exceptions outlined in Secs. 18.513 and 18.514 is on the  recipient of Federal financial assistance.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.516  Affirmative action by recipients.      Even in the absence of a finding of discrimination, a recipient may  take affirmative action to overcome the effects of conditions that  resulted in limited participation in the recipient's program or activity  on the basis of age.  (Authority: 42 U.S.C. 6101-6107)        Responsibilities of Department of Veterans Affairs Recipients  Sec. 18.531  General responsibilities.      Each VA recipient must ensure that its programs and activities are  in compliance with the Act and these regulations.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.532  Notice of subrecipients.      Where a recipient passes on Federal financial assistance from VA to  programs and activities of subrecipients, the recipient shall provide  the subrecipients written notice of their obligations under the Act and  these regulations with respect to such programs and activities.  (Approved by the Office of Management and Budget under control number  2900-0400)  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.533  Assurance of compliance and recipient assessment of age            distinctions.      (a) Each recipient of Federal financial assistance from VA shall  sign a written assurance as specified by the Secretary that it will  comply with the Act and these regulations.     (b) Recipient assessment of age distinctions. (1) As part of a  compliance review under Sec. 18.541 or complaint investigation under  Sec. 18.544, the Secretary may require a recipient employing the  equivalent of 15 of more employees to complete a written self- evaluation, in a manner specified by the responsible agency official, of  any age distinction imposed in its programs or activities receiving  Federal financial assistance from VA to assess the recipient's  compliance with the Act.     (2) Whenever an assessment indicates a violation of the Act or these  regulations, the recipient shall take corrective action.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.534  Information requirements.      Each recipient shall:     (a) Make available upon request to VA information necessary to  determine whether the recipient is complying with the Act and these  regulations.     (b) Permit reasonable access by VA to the books, records, accounts,  and other recipient facilities and sources of information to the extent  necessary to determine whether the recipient is in compliance with the  Act and these regulations.  (Authority: 42 U.S.C. 6101-6107)           Investigation, Conciliation, and Enforcement Procedures  Sec. 18.541  Compliance reviews.      (a) VA may conduct compliance reviews and preaward reviews of  recipients or use other similar procedures that will permit it to  investigate and correct violations of the Act and these regulations. VA  may conduct these reviews even in the absence of a complaint against a  recipient. The review may be as comprehensive as necessary to determine  whether a violation of these regulations has occurred.     (b) If a compliance review or preaward review indicates a violation  of the Act or these regulations, VA will attempt to achieve voluntary  compliance with the Act. If voluntary compliance cannot be achieved, VA  may institute enforcement proceedings as described in Sec. 18.546.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.542  Complaints.      (a) Any person, individually or as a member of a class or on behalf  of others, may file a complaint with VA alleging discrimination  prohibited by the Act or these regulations based on an action occurring  on or after July 1,  [[Page 36]]  1979. A complainant shall file a complaint within 180 days from the date  the complainant first had knowledge of the alleged act of  discrimination. However, for good cause shown, VA may extend this time  limit. Complaints may be submitted to the Director, Office of Equal  Opportunity (06B), Department of Veterans Affairs, 810 Vermont Avenue,  NW., Washington, DC 20420.     (b) VA will attempt to facilitate the filing of complaints wherever  possible, including taking the following measures:     (1) Acknowledging receipt and acceptance of a complaint in writing.     (2) Accepting as a sufficient complaint, any written statement which  identifies the parties involved and the date the complainant first had  knowledge of the alleged violation, describes generally the action or  practice complained of, and is signed by the complainant.     (3) Freely permitting a complainant to add information to the  complaint to meet the requirements of a sufficient complaint.     (4) Widely disseminating information regarding the obligations of  recipients under the Act and these regulations.     (5) Notifying the complainant and the recipient of their rights and  obligations under the complaint procedure, including the right to have a  representative at all stages of the complaint procedure.     (6) Notifying the complainant and the recipient (or their  representatives) of their right to contact VA for information and  assistance regarding the complaint resolution process.     (c) VA will refer a complaint of discrimination based on age to  another appropriate Federal agency when the complaint is outside the  jurisdiction of VA. VA will notify the complainant in writing that the  complaint has been referred; explain the reason why the complaint is not  within the jurisdiction of VA; and give the complainant the name,  agency, and address of the official to whom the complaint was referred.  (Approved by the Office of Management and Budget under control number  2900-0401)  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.543  Mediation.      (a) Referral of complaints for mediation. VA will refer to the  Federal Mediation and Conciliation Service all complaints that:     (1) Fall within the jurisdiction of the Act and these regulations;  and     (2) Contain all information necessary for further processing.     (b) Both the complainant and the recipient shall participate in the  mediation process to the extent necessary to reach an agreement or make  an informed judgment that an agreement is not possible. However, the  recipient and the complainant need not meet with the mediator at the  same time.     (c) If the complainant and the recipient reach an agreement, the  mediator shall prepare a written statement of the agreement and have the  complainant and the recipient sign it. The mediator shall send a copy of  the agreement to VA. VA will take no further action on the complaint  unless the complainant or the recipient fails to comply with the  agreement.     (d) The mediator shall protect the confidentiality of all  information obtained in the course of the mediation process. No mediator  shall testify in any adjunctive proceeding, produce any document, or  otherwise disclose any information obtained in the course of the  mediation process without prior approval of the head of the mediation  agency.     (e) VA will use the mediation process for a maximum of 60 days after  the responsible agency official receives a complaint.     (f) Mediation ends if:     (1) 60 days elapse from the time the responsible agency official  receives the complaint; or     (2) Prior to the end of that 60-day period, an agreement is reached;  or     (3) Prior to the end of that 60-day period, the mediator determines  that an agreement cannot be reached.     (g) The mediator shall return unresolved complaints to VA.  (Authority: 42 U.S.C. 6101-6107)  [[Page 37]]  Sec. 18.544  Investigation.      (a) Informal investigation. (1) VA will investigate complaints that  are reopened because of a violation of a mediation agreement.     (2) As part of the initial investigation VA will use informal fact  finding methods, including joint or separate discussions with the  complainant and recipient to establish the facts and, if possible,  settle the complaint on terms that are mutually agreeable to the  parties. VA may seek the assistance of any involved State program  agency.     (3) VA will put any agreement in writing and have it signed by the  parties and an authorized official from the VA.     (4) The settlement shall not affect the operation of any other  enforcement effort of VA, including compliance reviews and investigation  of other complaints which may involve the recipient.     (5) A settlement need not contain an admission of discrimination or  other wrongdoing by the recipient nor should it be considered a finding  of discrimination against the recipient.     (b) Formal investigation. If VA cannot resolve the complaint through  informal investigation, it will begin to develop formal findings through  further investigation of the complaint. If the investigation indicates a  violation of these regulations, VA will attempt to obtain voluntary  compliance. If voluntary compliance cannot be achieved, VA may institute  enforcement proceedings as described in Sec. 18.546.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.545  Prohibition against intimidation or retaliation.      A recipient may not engage in acts of intimidation or retaliation  against any person who:     (a) Attempts to assert a right protected by the Act or these  regulations; or     (b) Cooperates in any mediation, investigation, hearing, or other  part of VA's investigation, conciliation, and enforcement process.  (Authority: 42 U.S.C. 6101-6107)  Sec. 18.546  Compliance procedure.      (a) VA may enforce the Act and these regulations through:     (1) Termination of Federal financial assistance from VA with respect  to a recipient's program or activity that has violated the Act or these  regulations. The determination of the recipient's violation may be made  only after a recipient has had an opportunity for a hearing on the  record before an administrative law judge. Therefore, cases which are  settled in mediation, or prior to a hearing, will not involve  termination of a recipient's Federal financial assistance from VA.     (2) Any other means authorized by law including but not limited to:     (i) Referral to the Department of Justice for proceedings to enforce  any rights of the United States or obligations of the recipient created  by the Act or these regulations.     (ii) Use of any requirement of or referral to any Federal, State, or  local government agency that will have the effect of correcting a  violation of the Act or these regulations.     (b) VA will limit any termination under paragraph (a)(1) of this  section to the particular program or activity or part of such program  and activity of a recipient that VA finds to be in violation of the Act  or these regulations. VA will not base any part of a termination on a  finding with respect to any program or activity of the recipient which  does not receive Federal financial assistance from VA.     (c) VA will take no action under paragraph (a) of this section  until:     (1) The Secretary has advised the recipient of its failure to comply  with the Act and these regulations and has determined that voluntary  compliance cannot be obtained.     (2) Thirty days have elapsed after the Secretary has sent a written  report of the circumstances and grounds of the action to the committees  of the Congress having legislative jurisdiction over the Federal program  or activity involved. The Secretary will file a report whenever any  action is taken under paragraph (a) of this section.     (d) VA also may defer granting new Federal financial assistance from  VA to a recipient when a hearing under  [[Page 38]]  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)  Sec. 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 Secs. 18.9 through 18.11 and part 18b of this title.  (Authority: 42 U.S.C. 6101-1607)  Sec. 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)  Sec. 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)  Sec. 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  [[Page 39]]  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 to 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).     8. Vocational Rehabilitation; Post-Vietnam 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 Medical 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 to Part 18--List 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.  [[Page 40]]       Age Distinctions in Statutes Governing Federal Financial Assistance Programs of the Department of Veterans                                                      Affairs ----------------------------------------------------------------------------------------------------------------                  Program                            Statute               Section and Age Distinction      CFDA ---------------------------------------------------------------------------------------------------------------- Veterans' Benefits......................  Section 101 of the           Section 101(4)(A) defines the                                            Veterans' Benefits Act of    term ``child'' for the purposes                                            1957, as amended; 38         of Title 38, U.S.C. (except for                                            U.S.C. 101.                  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                                                                         incapable of self-support; or                                                                         (iii) who, after attaining the                                                                         age of eighteen years and until                                                                         completion of education or                                                                         training (but not after                                                                         attaining 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 acknowledged 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. Approval of Educational Institutions....  Section 104 of the           Section 104(a) authorizes the                                            Veterans' Benefits Act of    Secretary to approve or                                            1957, as amended, 38         disapprove an educational                                            U.S.C. 104.                  institution for the purpose of                                                                         determining whether or not                                                                         benefits are payable under                                                                         Title 38, U.S.C. (except                                                                         chapter 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, university, 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. Civilian Health and Medical Program of    Section 103(b) of the        Section 1713(a) authorizes the     64.009  the Department of Veterans Affairs        Veterans Health Care         Secretary to provide medical  (CHAMPA).                                 Expansion Act of 1973, as    care to: ``(1) The spouse or                                            amended; 38 U.S.C. 1713.     child of a veteran who has a                                                                         total disability, permanent in                                                                         nature, resulting from a                                                                         service-connected disability,                                                                         (2) the surviving spouse or                                                                         child of a veteran who (A) died                                                                         as a result of a service-                                                                         connected 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                                                                         misconduct, who are not                                                                         otherwise eligible for medical                                                                         care under Chapter 55 of Title                                                                         10, U.S.C. (CHAMPUS).  [[Page 41]]                                                                          Section 1713(c) provides that                                                                         for the purposes of this                                                                         program, ``a child between the                                                                         ages of eighteen and twenty-                                                                         three (1) who is eligible for                                                                         benefits 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 program of                                                                         education . . . shall remain                                                                         eligible for benefits under                                                                         this section until the end of                                                                         the six-month period beginning                                                                         on the date the disability is                                                                         removed, the end of the two-                                                                         year period beginning on the                                                                         date of the onset of the                                                                         disability, or the twenty-third                                                                         birthday of the child,                                                                         whichever occurs first''. VA Hospital, Domiciliary or Nursing Home  Section 510 of the           Section 1710 authorizes the        64.009  Care.                                     Veterans' Benefits Act of    Secretary, within the limits of   64.010                                            1957, amended; 38 U.S.C.     VA facilities, to furnish         64.015                                            1710.                        hospital care or nursing home     64.016                                                                         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. Post-Vietnam Era Veterans' Educational    Post Vietnam Era Veterans'   Section 3201 states that the       64.120  Assistance.                               Educational Act of 1977,     purpose of Chapter 32 of Title                                            as amended; U.S.C. Chapter   38, U.S.C. is: ``(1) To provide                                            32.                          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 afford,                                                                         and (3) to promote and assist                                                                         the all volunteer military                                                                         program of the United States by                                                                         attracting qualified men and                                                                         women to serve in the Armed                                                                         Forces''. Veterans' Educational Assistance........  Section 2 of the Veterans'   Section 3451 states that the       64.111                                            Readjustment Benefits Act    education program created by                                            of 1966, amended; 38         this chapter is for the purpose                                            U.S.C. Chapter 34.           of: `` . . . (1) Enhancing and                                                                         making more attractive service                                                                         in the Armed Forces of the                                                                         United States, (2) extending                                                                         the benefits of higher                                                                         education to qualified and                                                                         deserving young persons who                                                                         might not otherwise be able to                                                                         afford such an education, (3)                                                                         providing vocational                                                                         readjustment 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)                                                                         aiding 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 certain                                                                         limits, upon certification by                                                                         the educational institution                                                                         that `` . . . (2) the tutor                                                                         chosen to perform 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''.  [[Page 42]]   Survivors' and Dependents' Educational    War Orphans' Educational     Section 3500 states that ``the     64.117  Assistance.                               Assistance Act of 1956, as   educational program established                                            amended; 38 U.S.C. Chapter   by this chapter is for the                                            35.                          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 aggravated in the                                                                         Armed Forces after the                                                                         beginning of the Spanish-                                                                         American War, and for the                                                                         purpose of aiding such children                                                                         in attaining the educational                                                                         status which they might have                                                                         aspired to and attained but for                                                                         the disability or death of such                                                                         parent. The Congress further                                                                         declares 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 purpose of assisting                                                                         them in preparing to support                                                                         themselves and their families                                                                         at a standard of living level                                                                         which the veteran, but for the                                                                         veteran's death or service                                                                         disability, could have expected                                                                         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 service-connected                                                                         disability, (ii) has a total                                                                         disability permanent in nature                                                                         resulting from a service-                                                                         connected disability, or who                                                                         died while a disability so                                                                         evaluated was in existence or                                                                         (iii) at the time of                                                                         application for benefits under                                                                         this chapter is a member of the                                                                         Armed Forces serving on active                                                                         duty listed, pursuant to                                                                         section 556 of Title 37                                                                         [U.S.C.] and regulations issued                                                                         thereunder, by the Secretary                                                                         concerned in one or more of the                                                                         following categories . . . for                                                                         a total of ninety days: (A)                                                                         missing in action, (B) captured                                                                         in line of duty by a hostile                                                                         force, or (C) forcibly detained                                                                         or interned in line of duty by                                                                         a foreign government or power,                                                                         . . .'' Subparagraph (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.  [[Page 43]]                                                                          Section 3512 establishes periods                                                                         of eligibility. Provides that                                                                         the educational program to                                                                         which an eligible child within                                                                         the meaning of this chapter is                                                                         entitled to may be afforded,                                                                         ``. . . during the period                                                                         beginning on the person's                                                                         eighteenth birthday, or on the                                                                         successful completion of the                                                                         person's secondary schooling,                                                                         whichever first occurs, and                                                                         ending on the person's twenty-                                                                         sixth birthday, except that--                                                                         (1) if the person is above the                                                                         age of compulsory school                                                                         attendance under applicable                                                                         State law, and the Secretary                                                                         determines that the person's                                                                         best interests will be served                                                                         thereby, such period may begin                                                                         before the person's eighteenth                                                                         birthday; (2) if the person has                                                                         a mental or physical handicap,                                                                         and . . . the person's best                                                                         interests will be served by                                                                         pursuing a program of special                                                                         restorative training or a                                                                         specialized course of                                                                         vocational training approved                                                                         under section 3536 of this                                                                         title, such period may begin                                                                         before the person's fourteenth                                                                         birthday; (3) if the Secretary                                                                         finds that the parent from whom                                                                         eligibility is derived has a                                                                         service-connected total                                                                         disability permanent in nature,                                                                         or if the death of the parent                                                                         from whom eligibility is                                                                         derived occurs, after the                                                                         eligible person's eighteenth                                                                         birthday but before the                                                                         person's twenty-sixth birthday,                                                                         then (unless paragraph (4)                                                                         applies) such period shall end                                                                         8 years after, whichever date                                                                         last occurs: (A) the date on                                                                         which the Secretary first finds                                                                         that the parent from whom                                                                         eligibility is derived has a                                                                         service-connected total                                                                         disability permanent in nature,                                                                         or (B) the date of death of the                                                                         parent from whom eligibility is                                                                         derived; (4) if the person                                                                         serves on duty with the Armed                                                                         Forces as an eligible person                                                                         after the person's eighteenth                                                                         birthday but before the                                                                         person's twenty-sixth birthday,                                                                         then such period shall end 8                                                                         years after the person's first                                                                         discharge or release from such                                                                         duty with the Armed Forces . .                                                                         . in no event shall such period                                                                         be extended beyond the person's                                                                         thirty-first birthday by reason                                                                         of this paragraph; and (5)(A)                                                                         if the person becomes eligible                                                                         by reason of the the provisions                                                                         of section 3501(a)(1)(A)(ii) of                                                                         this title after the person's                                                                         eighteenth birthday but before                                                                         the person's twenty-sixth                                                                         birthday, then (unless clause                                                                         (4) of this section applies)                                                                         such period shall end eight                                                                         years after the date on which                                                                         the person becomes eligible by                                                                         reason of such provisions, but                                                                         in no event shall such period                                                                         be extended beyond the person's                                                                         thirty-first birthday by reason                                                                         of this clause. . . .''.                                                                        Section 3513 provides that the                                                                         parent or guardian of a person                                                                         or the eligible person (if such                                                                         person has attained legal                                                                         majority) for whom the                                                                         educational assistance is                                                                         sought under Chapter 35 shall                                                                         submit an application to the                                                                         Secretary, which shall be in                                                                         such form and contain such                                                                         information as the Secretary                                                                         shall prescribe.  [[Page 44]]                                                                          Section 3562 provides that the                                                                         commencement of a program of                                                                         education or special                                                                         restorative training under                                                                         Chapter 35 shall be a bar,                                                                         ``(1) to subsequent payments of                                                                         compensation, dependency and                                                                         indemnity compensation, or                                                                         pension based on a death of a                                                                         parent to an eligible person                                                                         over the age of eighteen by                                                                         reason of pursuing a course in                                                                         an educational institution, or                                                                         (2) to increased rates, or                                                                         additional amounts of                                                                         compensation, dependency and                                                                         indemnity compensation, or                                                                         pension because of such a                                                                         person whether eligibility is                                                                         based upon the death or upon                                                                         the total permanent disability                                                                         of the parent''.                                                                        Section 3563 states that ``The                                                                         Secretary shall notify the                                                                         parent or guardian of each                                                                         eligible person as defined in                                                                         section 3501(a)(1)(A) of this                                                                         title of the educational                                                                         assistance available to such                                                                         person under Chapter 35. Such                                                                         notification shall be provided                                                                         not later then the month in                                                                         which such eligible person                                                                         attains such person's                                                                         thirteenth birthday or as soon                                                                         thereafter as feasible''. ----------------------------------------------------------------------------------------------------------------     Age Distinctions in Regulations Governing Federal Financial Assistance Programs of the Department of Veterans                                                      Affairs ----------------------------------------------------------------------------------------------------------------                  Program                           Regulation             Section and Age Distinction      CFDA ---------------------------------------------------------------------------------------------------------------- Veterans' Benefits......................  Adjudication (38 CFR part    Section 3.57 defines the term                                            3).                          ``child'' of a veteran as, ``.                                                                         . . an unmarried person who is                                                                         a legitimate child, a child                                                                         legally adopted before the age                                                                         of 18 years, a stepchild who                                                                         acquired that status before the                                                                         age of 18 years and who is a                                                                         member of the veteran's                                                                         household or was a member of                                                                         the veteran's household at the                                                                         time of the veteran's death, or                                                                         an illegitimate child; and (i)                                                                         who is under the age of 18                                                                         years; or (ii) who, before                                                                         reaching the age of 18 years,                                                                         became permanently incapable of                                                                         self-support; or (iii) who,                                                                         after reaching the age of 18                                                                         years and until completion of                                                                         education or training (but not                                                                         after reaching the age of 23                                                                         years) is pursuing a course of                                                                         instruction at an approved                                                                         educational institution. (2)                                                                         For the purposes of determining                                                                         entitlement of benefits based                                                                         on a child's school attendance,                                                                         the term ``child'' of the                                                                         veteran also includes the                                                                         following unmarried persons:                                                                         (i) A person who was adopted by                                                                         the veteran between the ages of                                                                         18 or 23 years. (ii) A person                                                                         who became a stepchild of a                                                                         veteran between the ages of 18                                                                         or 23 years and who is a member                                                                         of the veteran's household at                                                                         the time of the veteran's                                                                         death. . . .'' Survivors' and Dependents' Educational    Adjudication (38 CFR part    Section 3.807(d) sets forth        64.117  Assistance.                               3).                          basic eligibility criteria for                                                                         the program of educational                                                                         assistance under 38 U.S.C.                                                                         Chapter 35. Defines the term                                                                         ``child'' as the son or                                                                         daughter of a veteran who meets                                                                         the requirements of 38 CFR                                                                         3.57, except as to age or                                                                         marital status.                                           Survivors' and Dependent's   Section 21.3021 describes                                            Educational Assistant        beneficiaries of the program.                                            Under 38 U.S.C. Chapter 35   Paragraph (a) defines the term                                            (38 CFR part 21, subpart     ``eligible person'' as, ``(1) A                                            C).                          child of a: (i) Veteran who                                                                         died of a service-connected                                                                         disability. . . .'' Paragraph                                                                         (b) defines the term ``child''                                                                         as a son or daughter of a                                                                         veteran as defined in 38 CFR                                                                         3.807(d).  [[Page 45]]                                                                          Section 21.3023 states that:                                                                         ``(a) Child; age 18. A child                                                                         who is eligible for educational                                                                         assistance and who is also                                                                         eligible for pension,                                                                         compensation dependency and                                                                         indemnity compensation based on                                                                         school attendance must elect                                                                         whether he or she will receive                                                                         educational assistance or                                                                         pension, compensation or                                                                         dependency and indemnity                                                                         compensation. (1) An election                                                                         of education assistance either                                                                         before or after the age of 18                                                                         years is a bar to subsequent                                                                         payment or increased rates or                                                                         additional amounts of pension,                                                                         compensation or dependency and                                                                         indemnity compensation on                                                                         account of a child based on                                                                         school attendance on or after                                                                         the age of 18 years. . . . (2)                                                                         Payment of pension,                                                                         compensation or dependency and                                                                         indemnity compensation to or on                                                                         account of a child after his or                                                                         her 18th birthday does not bar                                                                         subsequent payments of                                                                         educational assistance. . . .                                                                         (b) Child; under 18 or                                                                         helpless. Educational                                                                         assistance allowance or special                                                                         restorative training allowance                                                                         may generally be paid                                                                         concurrently with pension,                                                                         compensation or dependency and                                                                         indemnity compensation for a                                                                         child under the age of 18 years                                                                         or for a helpless child based                                                                         on the service of one or more                                                                         parents. Where, however,                                                                         entitlement is based on the                                                                         death of more than one parent                                                                         in the same parental line,                                                                         concurrent payments in two or                                                                         more cases may not be                                                                         authorized if the death of one                                                                         such parent occurred on or                                                                         after June 9, 1960. In the                                                                         latter cases, an election of                                                                         educational assistance and                                                                         pension, compensation or                                                                         dependency and indemnity                                                                         compensation in one case does                                                                         not preclude a reelection of                                                                         benefits before attaining age                                                                         18 or while helpless based on                                                                         the service of another parent                                                                         in the same parental line. . .                                                                         .''                                                                        Section 21.3040 sets forth                                                                         criteria for the commencement                                                                         and termination of the program                                                                         of education or special                                                                         restorative training for an                                                                         eligible child under 38 U.S.C.                                                                         Chapter 35. Paragraph (a) of                                                                         this section provides that a                                                                         program of education or special                                                                         restorative training may not be                                                                         afforded prior to the eligible                                                                         persons' 18th birthday or the                                                                         completion of secondary                                                                         schooling, whichever is                                                                         earlier, unless it is                                                                         determined through counseling                                                                         that the best interests of the                                                                         eligible person will be served                                                                         by entering training at an                                                                         earlier date and the eligible                                                                         person has passed: (1)                                                                         Compulsory school attendance                                                                         age under State law; or (2) his                                                                         or her 14th birthday and due to                                                                         physical or mental handicap may                                                                         benefit by special restorative                                                                         or specialized vocational                                                                         training. Paragraph (c) of this                                                                         section provides that no person                                                                         is eligible for educational                                                                         assistance who reached his or                                                                         her 26th birthday on or before                                                                         the effective date of a finding                                                                         of permanent total service-                                                                         connected disability, or on or                                                                         before the date the veteran's                                                                         death occurred, or on or before                                                                         the 91st day of listing by the                                                                         Secretary concerned of the                                                                         member of the Armed Forces or                                                                         whose service eligibility is                                                                         claimed as being is one of the                                                                         missing categories identified                                                                         in 38 CFR 21.3021(a) (1)(iii)                                                                         and (3)(ii). Paragraph (d)                                                                         provides that no person is                                                                         eligible for educational                                                                         assistance beyond his or her                                                                         31st birthday, except in                                                                         certain exceptional cases.  [[Page 46]]                                                                          Section 21.3041 sets forth                                                                         periods of eligibility for an                                                                         eligible child. Paragraph (a)                                                                         of this section provides the                                                                         basic beginning date for the                                                                         educational assistance as the                                                                         person's 18th birthday or                                                                         successful completion of                                                                         secondary schooling, whichever                                                                         occurs first. Paragraph (b)                                                                         authorizes certain exceptions                                                                         to the basic beginning date,                                                                         if: (1) A person has passed                                                                         compulsory school attendance                                                                         under applicable State law, or                                                                         (2) has passed his or her 14th                                                                         birthday and has a physical or                                                                         mental handicap. Paragraph (c)                                                                         provides the basic ending date                                                                         as the person's 26th birthday.                                                                         Paragraphs (d) and (e) set                                                                         forth criteria for modifying or                                                                         extending the ending date.                                           Administration of            Section 21.3300 provides that VA                                            Educational Benefits; 38     may prescribe special                                            U.S.C. Chapter 34, 35, and   restorative training for the                                            36 (38 CFR part 21,          purpose of enabling an eligible                                            subpart D).                  child to pursue a program of                                                                         education, special vocational                                                                         program, or other appropriate                                                                         goal, where needed to overcome                                                                         or lessen the effects of a                                                                         physical or mental disability.                                                                        Section 21.4102(a) requires VA                                                                         to provide counseling for the                                                                         purpose set forth in 38 CFR                                                                         21.4100 to an eligible child                                                                         when: (1) The eligible child                                                                         may require specialized                                                                         vocational or special                                                                         restorative training, or (2)                                                                         the eligible child has reached                                                                         compulsory school attendance                                                                         age under State law, but has                                                                         neither reached his or her 18th                                                                         birthday nor completed                                                                         secondary schooling, or (3) if                                                                         requested by the eligible child                                                                         or his or her parent or                                                                         guardian for the purpose of                                                                         preparing an educational plan.                                                                        Section 21.4139(b) provides that                                                                         VA will make payment of                                                                         educational assistance under 38                                                                         U.S.C. Chapter 35 to the                                                                         eligible person if: (1) He or                                                                         she has attained majority and                                                                         has no known legal disability                                                                         or (2) is in the eligible                                                                         person's best interests, and                                                                         there is no reason not to                                                                         designate the eligible person                                                                         as payee. VA may pay minors                                                                         under this provision.                                                                        Section 21.4141 provides that                                                                         payment of educational                                                                         assistance allowance under 38                                                                         U.S.C. Chapter 35 will be                                                                         subject to offsets of amounts                                                                         of pension, compensation, or                                                                         dependency and indemnity                                                                         compensation paid over the same                                                                         period on behalf of a child                                                                         based on school attendance. VA Hospital, Domiciliary or Nursing Home  Eligiblity for hospital,     Section 17.47(e) provides that     64.009  Care.                                     domiciliary or nursing       within the limits of VA           64.010                                            home care of persons         facilities, hospital or nursing   64.015                                            discharged or released       home care may be provided to      64.016                                            from active military,        any veteran with a nonservice-                                            naval, or air service (38    connected disability if such a                                            CFR 17.47).                  veteran is 65 years of age or                                                                         older.  [[Page 47]]   Civilian Health and Medical Program of    Medical Care for Survivors   Section 17.54 states that          64.009  the Department of Veterans Affairs        and Dependents of Certain    medical care may be provided  (CHAMPA).                                 Veterans (38 CFR 17.54).     for: ``(1) The spouse or child                                                                         of a veteran who has a total                                                                         disability, permanent in                                                                         nature, resulting from a                                                                         service-connected disability,                                                                         and (2) the surviving spouse or                                                                         child of a veteran who--(a)                                                                         died as a result of a service-                                                                         connected 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 . . . Who are not                                                                         otherwise eligible for medical                                                                         care as beneficiaries of the                                                                         Armed Forces under the                                                                         provisions of Chapter 55 of                                                                         Title 10, United States Code                                                                         (CHAMPUS) . . . and (4) An                                                                         eligible child who is pursuing                                                                         a full-time course of                                                                         instruction approved under 38                                                                         U.S.C. Chapter 36, and who                                                                         incurs a disabling illness or                                                                         injury while pursuing such                                                                         course; . . . shall remain                                                                         eligible for medical care                                                                         until: (a) The end of the 6-                                                                         month period beginning on the                                                                         date the disability is removed,                                                                         or (b) the end of the 2-year                                                                         period beginning on the date of                                                                         the onset of the disability; or                                                                         (c) the 23d birthday of the                                                                         child, whichever occurs first.                                                                         . . .'' Veterans' Educational Assistance........  Administration of            Section 21.4135(d) sets forth                                            Educational Benefits; 38     the following dates for the                                            U.S.C. Chapters 34, 35,      discontinuance of the                                            and 36 (38 CFR part 21,      educational assistance                                            subpart D).                  allowance provided for a                                                                         dependent child, under Chapter                                                                         34 of Title 38: ``. . . (1)                                                                         Last day of the in calendar                                                                         year in which marriage occurred                                                                         unless discontinuance is                                                                         required at an earlier date                                                                         under other provisions. (2) Age                                                                         18. Day preceding 18th                                                                         birthday. (3) School                                                                         attendance. Last day of month                                                                         in which 23rd birthday,                                                                         whichever is earlier. (4)                                                                         Helplessness ceased. Last day                                                                         of month school attendance                                                                         ceased or day preceding                                                                         following 60 days after notice                                                                         to payee that helplessness has                                                                         ceased.''                                                                        Section 21.4136 sets forth                                                                         monthly rates for the payment                                                                         of educational assistance                                                                         allowance under 38 U.S.C.                                                                         Chapter 34. Paragraph (f)                                                                         defines the term ``dependent''                                                                         as a spouse, child or dependent                                                                         parent who meets the                                                                         definitions of relationship                                                                         specified in 38 CFR 3.50, 3.51,                                                                         3.57 and 3.59. ----------------------------------------------------------------------------------------------------------------