**Part 18a**

**Delegation of Responsibility**

**in Connection with**

**Title VI, Civil Rights Act of 1964**

**Authority:** 5 U.S.C. 301, 38 U.S.C. 501(a) and 38 CFR 18.9(d)

and Appendix A, part 18.

**§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 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 §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 §18.4 of this chapter;

\(ii\) Mailing, receiving, and evaluating compliance reports under
§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 §§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 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.

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