          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 8801 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.)

                       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 
Tables.


                               Amendments

    1994--Par. (2)(B). Pub. L. 103-382 substituted ``section 8801'' for 
``section 2854(a)(10)''.


                          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.
