Civil Rights Restoration Act of 1987
PL 100-259 (S.557), enacted 03/22/1988

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. 
Act of 1987". 
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 o
f
— 
"(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 
activity' and the term 'program' mean all of the operations o
f
— 
"(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.". 
42 use 
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. 
20 u s e 1687 
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. 
20 u s e 1688 
note. 
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.". 
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.