[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.406]

[Page 20-21]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF 
 
          Subpart D_Nondiscrimination on the Basis of Handicap
 
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 or activity but who were participants in the program 
or activity when such discrimination occurred;
    (ii) Handicapped persons who would have been participants in the 
program or activity had the discrimination not occurred; or

[[Page 21]]

    (iii) Handicapped persons presently in the program or activity, but 
not receiving full benefits or equal and integrated treatment within the 
program or activity.
    (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 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; 
68 FR 51370, Aug. 26, 2003]