[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18a.1]

[Page 47-49]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18a--DELEGATION OF RESPONSIBILITY IN CONNECTION WITH TITLE VI, CIVIL 
RIGHTS ACT OF 1964--Table of Contents
 
Sec. 18a.1  Delegations of responsibility between the Secretary of Veterans 
Affairs and the Secretary, Department of Health and Human Services, and the 
          Secretary, Department of Education.

    (a) Authority has been delegated to the Secretary of Veterans 
Affairs by the Secretary, Department of Health and Human Services, and 
the Secretary, Department of Education to perform responsibilities of 
those Departments and of the responsible Departmental officials under 
Title VI of

[[Page 48]]

the Civil Rights Act of 1964 and the Departments' regulations issued 
thereunder (45 CFR part 80 and 34 CFR part 100) with respect to: 
Proprietary (i.e., other than public or nonprofit) educational 
institutions, except if operated by a hospital; and post secondary, 
nonprofit, educational institutions other than colleges and 
universities, except if operated by a college or university, a hospital, 
or a unit of State or local government (i.e., those operating such 
institutions as an elementary or secondary school, an area vocational 
school, a school for the handicapped, etc.)
    (1) The compliance responsibilities so delegated include:
    (i) Soliciting, receiving, and determining the adequacy of 
assurances of compliance under 45 CFR 80.4 and 34 CFR 100.4;
    (ii) All actions under 45 CFR 80.6 including mailing, receiving, and 
evaluating compliance reports under Sec. 80.6(b) and 34 CFR 100.6(b); 
and
    (iii) All other actions related to securing voluntary compliance, or 
related to investigations, compliance reviews, complaints, 
determinations of apparent failure to comply, and resolutions of matters 
by informal means.
    (2) The Department of Health and Human Services and the Department 
of Education specifically reserve to themselves the responsibilities for 
the effectuation of compliance under 45 CFR 80.8, 80.9, 80.10 and 34 CFR 
100.8, 100.9 and 100.10.
    (b) Authority has been delegated to the Secretary, Department of 
Health and Human Services and the Secretary, Department of Education, to 
perform responsibilities of the Department of Veterans Affairs and of 
the responsible Department of Veterans Affairs official under Title VI 
of the Civil Rights Act of 1964 and the Department of Veterans Affairs 
regulations issued thereunder (part 18 of this chapter) with respect to 
institutions of higher learning, including post-high school institutions 
which offer nondegree courses for which credit is given and which would 
be accepted on transfer by a degree-granting institution toward a 
baccalaureate or higher degree; hospitals and other health facilities 
and elementary and secondary schools and school systems including, but 
not limited to, their activities in connection with providing or seeking 
approval to provide vocational rehabilitation to eligible persons under 
Chapter 31 of Title 38 U.S.C., or education or training to eligible 
persons under Chapters 34, 35, or 36 of Title 38 U.S.C.
    (1) The compliance responsibilities so delegated include:
    (i) Soliciting, receiving, and determining the adequacy of 
assurances of compliance under Sec. 18.4 of this chapter;
    (ii) Mailing, receiving, and evaluating compliance reports under 
Sec. 18.6(b) of this chapter; and
    (iii) All other actions related to securing voluntary compliance or 
related investigations, compliance reviews, complaints, determinations 
of apparent failure to comply and resolutions of matters by informal 
means.
    (2) The Department of Veterans Affairs specifically reserves to 
itself responsibilities for effectuation of compliance under Secs. 18.8, 
18.9, and 18.10 of this chapter. Not included in the delegation to the 
Secretary, Department of Health and Human Services and the Secretary, 
Department of Education and specifically reserved to the Department of 
Veterans Affairs is the exercise of compliance responsibilities with 
respect to:
    (i) Postsecondary schools which do not offer a program or courses 
leading, or creditable, towards the granting of at least a bachelor's 
degree, or its equivalent;
    (ii) Privately-owned and operated proprietary technical, vocational, 
and other private schools at the elementary or secondary level; and
    (iii) Those institutions of higher learning and elementary and 
secondary schools and school systems which, as of January 3, 1969, have 
already been subjected to formal noncompliance proceedings by the 
Department of Health and Human Services or the Department of Education 
and have had their right to receive Federal financial assistance from 
that agency terminated for noncompliance with Title VI of the Civil 
Rights Act of 1964.

The Department of Veterans Affairs also retains the right to exercise 
delegated compliance responsibilities itself in special cases with the 
agreement of

[[Page 49]]

the appropriate official in the Department of Health and Human Services 
or the Department of Education.
    (c) Any institution of higher learning or a hospital or other health 
facility which is listed by the Department of Health and Human Services 
or the Department of Education as having filed an assurance of 
compliance will be accepted as having met the requirements of the law 
for the purpose of payment under 38 U.S.C. Chapters 31, 34, 35, or 36 
and 38 U.S.C. sections 1741, 8131-8137 and 8155.
    (d) If the Department of Health and Human Services or the Department 
of Education finds that a school, hospital or other health facility 
which has signed an assurance of compliance is apparently in 
noncompliance, action will be initiated by that Department to obtain 
compliance by voluntary means. If voluntary compliance is not achieved, 
the Department of Veterans Affairs will join in subsequent proceedings.
    (e) An institution which is on the Department of Health and Human 
Services or the Department of Education list of noncomplying 
institutions will be considered to be in a status of compliance for 
Department of Veterans Affairs purposes if an assurance of compliance is 
filed with the Department of Veterans Affairs and actual compliance is 
confirmed. Certificates of eligibility may be issued and enrollments 
approved and other appropriate payments made until such time as the 
Department of Veterans Affairs has made an independent determination 
that the institution is not in compliance.

[35 FR 10759, July 2, 1970, as amended at 51 FR 10385, Mar. 26, 1986]