The text of the bill below is as of Mar 22, 1988 (Passed Congress).
You are reading a bill enacted 12,854 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
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
20 use 1681 SECTION 1. This Act may be cited as the "Civil Rights Restoration
note. A c t of 1 9 8 7 " .
FINDINGS OF CONGRESS
20 use 1687 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
of 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'
20 use 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;
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
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;
or
"(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
42 use 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 or 42 use
activity' and the term 'program' mean all of the operations of— 2000d-4a.
"(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;
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.".
RULE OF CONSTRUCTION
SEC. 7. Nothing in the amendments made by this Act shall be 20 u s e 1687
construed to extend the application of the Acts so amended to note.
ultimate beneficiaries of Federal financial assistance excluded from
coverage before the enactment of this Act.
ABORTION NEUTRALITY
S E C 8. No provision of this Act or any amendment made by this 20 u s e 1688
Act shall be construed to force or require any individual or hospital note.
or any other institution, program, or activity receiving Federal
Funds to perform or pay for an abortion.
CLARIFICATION OF INDIVIDUALS WITH HANDICAPS IN THE EMPLOYMENT
CONTEXT
SEC. 9. Section 7(8) of the Rehabilitation Act of 1973 is amended 29 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.".
J I M 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.
