20 USC § 1687 - Interpretation of “program or activity”

For the purposes of this chapter, the term “program or activity” and “program” mean all of the operations of—

(1)

(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)

(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 7801 of this title), system of vocational education, or other school system;

(3)

(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

Source

(Pub. L. 92–318, title IX, § 908, as added Pub. L. 100–259, § 3(a),Mar. 22, 1988, 102 Stat. 28; amended Pub. L. 103–382, title III, § 391(g),Oct. 20, 1994, 108 Stat. 4023; Pub. L. 107–110, title X, § 1076(j),Jan. 8, 2002, 115 Stat. 2091.)

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title IX of Pub. L. 92–318which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

Amendments

2002—Par. (2)(B). Pub. L. 107–110substituted “7801” for “8801”.

1994—Par. (2)(B). Pub. L. 103–382substituted “section 8801” for “section 2854 (a)(10)”.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 ofPub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Findings of Congress

Section 2 ofPub. L. 100–259provided that: “The Congress finds that—

“(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]; and

“(2) legislative action is necessary to restore the prior consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered.”

Construction

Section 7 ofPub. L. 100–259provided that: “Nothing in the amendments made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to extend the application of the Acts so amended [Education Amendments of 1972, Pub. L. 92–318, see Short Title of 1972 Amendment, set out as a note under section 1001 of this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act [Mar. 22, 1988].”

Abortion Neutrality

This section not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 ofPub. L. 100–259, set out as a note under section 1688 of this title.