§ 1687. — Interpretation of "program or activity".
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1687]
TITLE 20--EDUCATION
CHAPTER 38--DISCRIMINATION BASED ON SEX OR BLINDNESS
Sec. 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.
(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259,
Sec. 3(a), Mar. 22, 1988, 102 Stat. 28; amended Pub. L. 103-382, title
III, Sec. 391(g), Oct. 20, 1994, 108 Stat. 4023; Pub. L. 107-110, title
X, Sec. 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. 92-318 which 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. 107-110 substituted ``7801'' for
``8801''.
1994--Par. (2)(B). Pub. L. 103-382 substituted ``section 8801'' for
``section 2854(a)(10)''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of this title.
Findings of Congress
Section 2 of Pub. L. 100-259 provided 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 of Pub. L. 100-259 provided 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 of Pub.
L. 100-259, set out as a note under section 1688 of this title.
