UNITED STATES PUBLIC LAWS
100TH CONGRESS-SECOND SESSION
PUBLIC LAW 100-259 [S. 557]
MARCH 22, 1988
CIVIL RIGHTS RESTORATION ACT OF 1987
100 P.L. 259; 102 Stat. 28; 1988 Enacted S. 557; 100 Enacted S. 557

CIS LEGIS. HISTORY DOCUMENT: <=1> 100 CIS Legis. Hist. P.L. 259

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

[*1]
SECTION 1. <20 USC 1681 note> This Act may be cited as the "Civil Rights Restoration Act of 1987".

FINDINGS OF CONGRESS

[*2]

SEC. 2. <20 USC 1687 note> 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, 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 consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered.

EDUCATION AMENDMENTS AMENDMENT

*3]

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'

"SEC. 908. <20 USC 1687> 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 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 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 --
[**29] "(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 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. <20 USC 1688> Nothing in this title shall be construed to require or 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

[*4]
SEC. 4. <29 USC 794> Section 504 of the Rehabilitation Act of 1973 is amended --
(1) by inserting "(a)" after "SEC. 504."; and
(2) by adding at the end the following new subsections:
"(b) 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 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 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, 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
[**30] "(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.
"(c) Small providers are not required by subsection (a) to make 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 subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection.".

AGE DISCRIMINATION ACT AMENDMENT
[*5]
SEC. 5. <42 USC 6107> 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 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
"(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.".

[**31] [*6]
SEC. 6. Title VI of the Civil Rights Act of 1964 is amended by adding at the end the following new section:

"SEC. 606. <42 USC 2000d-4a> For the purposes of this title, the term 'program or 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 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 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, 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.".

RULE OF CONSTRUCTION

[*7]
SEC. 7. <20 USC 1687 note> 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.

ABORTION NEUTRALITY

[*8]
SEC. 8. <20 USC 1688 note> 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.

CLARIFICATION OF INDIVIDUALS WITH HANDICAPS IN THE EMPLOYMENT CONTEXT
[*9]
SEC. 9. <29 USC 706> Section 7(8) of the Rehabilitation Act of 1973 is amended by adding after subparagraph (B) the following:
"(C) For the purpose of sections 503 and 504, as such sections relate to employment, such term does not include an individual who [**32] 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.".

DESCRIPTORS: DISCRIMINATION AGAINST THE HANDICAPPED; AGE DISCRIMINATION; RACIAL DISCRIMINATION; SEX DISCRIMINATION; DISCRIMINATION IN EDUCATION; SUPREME COURT; FEDERAL AID PROGRAMS; GROVE CITY COLLEGE; ABORTION /\ top