102 STAT. 28 PUBLIC LAW 100-259—MAR. 22, 1988 Public Law

102 STAT. 28 PUBLIC LAW

100-259—MAR.

22, 1988

Public Law 100-259

100th Congress

An Act

Mar 22

1988 '^°

restore the broad scope of coverage and to clarify the application of title IX of the

Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the

[S.

557]

^gg

Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964.

Be it enacted by the Senate and House of Representatives of the

Civil Rights

United States of America in Congress

assembled.

Restoration Act

°^

^^^^-

SHORT TITLE

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1681

SECTION 1. This Act may be cited as the "Civil Rights Restoration

note.

Act

of 1987".

FINDINGS OF CONGRESS

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SEC.

2. The Congress finds that—

"o*-^-

(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,

section 504 of the Rehabilitation Act of 1973, the Age

Discrimination Act of 1975, and title VI of the Civil Rights Act

1964;

and

(2) legislative action is necessary to restore the prior consist-

ent and long-standing executive branch interpretation and

broad, institution-wide application of those laws as previously

administered.

EDUCATION AMENDMENTS AMENDMENT

SEC.

3. (a) Title IX of the Education Amendments of 1972 is

amended by adding at the end the following new sections:

"INTERPRETATION OF 'PROGRAM OR ACTIVITY'

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1687. "SEC.

908. For the purposes of this title, 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 distrib-

utes 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 institu-

tion, or a public system of higher education; or

"(B) a local educational agency (as defined in section 198(a)(10)

of the Elementary and Secondary Education Act of 1965),

system of vocational education, or other school system;

"(3)(A) an entire corporation, partnership, or other private

organization, or an entire sole

proprietorship—

PUBLIC LAW

100-259—MAR.

22, 1988 102 STAT. 29

"(i)

if assistance is extended to such corporation, partner-

ship,

private organization, or sole proprietorship as a whole;

"(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

901 to such operation would not be consistent with the religious

tenets of such organization.".

(b) Notwithstanding any provision of this Act or any amendment

adopted thereto:

"NEUTRALITY WITH RESPECT TO ABORTION

"SEC.

909. Nothing in this title shall be construed to require or

20 USC

1688.

prohibit any person, or public or private entity, to provide or pay for

any benefit or service, including the use of facilities, related to an

abortion. Nothing in this section shall be construed to permit a

penalty to be imposed on any person or individual because such

person or individual is seeking or has received any benefit or service

related to a legal abortion.".

REHABILITATION ACT AMENDMENT

SEC.

4. Section 504 of the Rehabilitation Act of 1973 is amended—

29 USC

794.

(1) by inserting "(a)" after

"SEC.

504."; and

(2) by adding at the end the following new subsections:

"Ob)

For the purposes of this section, the term 'program or activity'

means 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 distrib-

utes 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 institu-

tion, or a public system of higher education; or

"(B) a local educational agency (as defined in section 198(a)(10)

of the Elementary and Secondary Education Act of 1965),

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, partner-

ship,

private organization, or sole proprietorship as a whole;

"(ii) which is principally engaged in the business of

providing education, health care, housing, social services, or

parks and recreation; or

102 STAT. 30 PUBLIC LAW

100-259—MAR.

22, 1988

"(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.

Health care "(c) Small providers are not required by subsection (a) to make

facilities. significant structural alterations to their existing facilities for the

purpose of assuring program accessibility, if alternative means of

providing the services are available. The terms used in this subsec-

tion shall be construed with reference to the regulations existing on

the date of the enactment of this subsection.".

AGE DISCRIMINATION ACT AMENDMENT

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6107.

SEC. 5. Section 309 of the Age Discrimination Act of 1975 is

amended—

(1) by striking out "and" at the end of paragraph (2);

(2) by striking out the period at the end of paragraph (3) and

inserting "; and" in lieu

thereof;

and

(3) by inserting after paragraph (3) the following new

paragraph:

"(4) the term 'program or activity' means all of the operations

of—

"(A)(i) a department, agency, special purpose district, or

other instrumentality of a State or of a local government; or

"(ii) 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;

"(B)(i)

a college, university, or other postsecondary

institution, or a public system of higher education; or

"(ii) a local educational agency (as defined in section

198(a)(10), of the Elementary and Secondary Education Act

of 1965), system of vocational education, or other school

system;

"(C)(i) 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 proprietor-

ship as a whole; or

"(II) which is principally engaged in the business of

providing education, health care, housing, social serv-

ices,

or parks and recreation; or

"(ii) 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

"(D) any other entity which is established by two or more

of the entities described in subparagraph (A), (B), or (C);

any part of which is extended Federal financial assistance.".

PUBLIC LAW

100-259—MAR.

22, 1988

102 STAT. 31

CIVIL RIGHTS ACT AMENDMENT

SEC.

6. Title VI of the Civil Rights Act of 1964 is amended by

adding at the end the following new section:

"SEC.

606. For the purposes of this title, the term

'program

activity' and the term '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 distrib-

utes such assistance and each such department or agency (and

each other State

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 institu-

tion, or a public system of higher education; or

"(B) a local educational agency (as defined in section 198(a)(10)

of the Elementary and Secondary Education Act of 1965),

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, partner-

ship,

private organization, or sole proprietorship as a whole;

"(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.".

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2000d-4a.

RULE OF CONSTRUCTION

SEC.

7. Nothing in the amendments made by this Act shall be

construed to extend the application of the Acts so amended to

ultimate beneficiaries of Federal financial assistance excluded from

coverage before the enactment of this Act.

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note.

ABORTION NEUTRALITY

SEC

8. No provision of this Act or any amendment made by this

Act shall 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.

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note.

CLARIFICATION OF INDIVIDUALS WITH HANDICAPS IN THE EMPLOYMENT

CONTEXT

SEC.

9. Section 7(8) of the Rehabilitation Act of 1973 is amended

USe 706.

by adding after subparagraph (B) the following:

"(C) For the purpose of sections 503 and 504, as

su^h

sections

relate to employment, such term does not include an individual who

102 STAT. 32 PUBLIC LAW

100-259—MAR.

22, 1988

has a currently contagious disease or infection and who, by reason of

such disease or infection, would constitute a direct threat to the

health or safety of other individuals or who, by reason of the

currently contagious disease or infection, is unable to perform the

duties of the job.".

JIM WRIGHT

Speaker of the House of Representatives.

HARRY M.

REID

Acting President of the Senate pro tempore.

IN THE SENATE OF THE UNITED STATES,

March 22 (legislative day, March 21), 1988.

The Senate having proceeded to reconsider the bill (S. 557) entitled "An Act to

restore the broad scope of coverage and to clarify the application of title IX of the

Education Amendments of

1972,

section 504 of the Rehabilitation Act of

1973,

the Age

Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964", returned by

the President of the United States with his objections, to the Senate, in which it

originated, it was

Resolved, That the said bill pass, two-thirds of the Senators present having voted in

the affirmative.

Attest:

WALTER J. STEWART

Secretary.

I certify that this Act originated in the Senate.

WALTER J. STEWART

Secretary.

IN THE HOUSE OF REPRESENTATIVES, U.S.,

March 22, 1988.

The House of Representatives having proceeded to reconsider the bill (S. 557)

entitled "An Act to restore the broad scope of coverage and to clarify the application

of title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act

of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of

1964",

returned by the President of the United States with his objections, to the

Senate, in which it originated, and passed by the Senate on reconsideration of the

same, it was

Resolved. That the said bill pass, two-thirds of the House of Representatives

agreeing to pass the same.

Attest:

DONNALD K. ANDERSON

Clerk.

LEGISLATIVE

HISTORY—S.

557:

SENATE REPORTS: No. 100-64 (Comm. on Labor and Human

Resourcesl

CONGRESSIONAL RECORD, Vol. 134 (1988):

Jan. 26-28, considered and passed Senate.

Mar. 2, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988):

Mar. 16, Presidential veto messages.

CONGRESSIONAL RECORD, Vol. 134 (1988):

Mar. 22, Senate and House overrode veto.