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20 U.S.C. § 1011 — Antidiscrimination
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Institutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s curriculum restricted on the subject of discrimination.
**(b) Limitations on statutory construction** Nothing in this chapter shall be construed to limit the rights or responsibilities of any individual under the Americans with Disabilities Act of 1990 [[42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.], the Rehabilitation Act of 1973 [[29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.], or any other law.
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Source location: Title 20, Chapter 28, § 1011; chapter-028-higher-education-resources-and-student-assistance.md
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**(a) In general** Institutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s curriculum restricted on the subject of discrimination.
**(b) Limitations on statutory construction** Nothing in this chapter shall be construed to limit the rights or responsibilities of any individual under the Americans with Disabilities Act of 1990 [[42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.], the Rehabilitation Act of 1973 [[29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.], or any other law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of State plans**
(1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(2) **Procedures**
(A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim).
(B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions—
(i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal law — U.S. Code and appendices · legal_authorities
Page 206
TITLE 20—EDUCATION
§ 1011
PART B—ADDITIONAL GENERAL PROVISIONS
§ 1011. Antidiscrimination
(a) In general
Institutions of higher education receiving Fed-
eral financial assistance may not use such finan-
cial assistance, directly or indirectly, to under-
take any study or project or fulfill the terms of
any contract containing an express or implied
provision that any person or persons of a par-
ticular race, religion, sex, or national origin be
barred from performing such study, project, or
contract, except that nothing in this subsection
shall be construed to prohibit an institution
from conducting objective studies or projects
concerning the nature, effects, or prevention of
discrimination, or to have the institution’s cur-
riculum restricted on the subject of discrimina-
tion.
(b) Limitations on statutory construction
Nothing in this chapter shall be construed to
limit the rights or responsibilities of any indi-
vidual under the Americans with Disabilities
Act of 1990 [42 U.S.C. 12101 et seq.], the Rehabili-
tation Act of 1973 [29 U.S.C. 701 et seq.], or any
other law.
(Pub. L. 89–329, title I, § 111, as added Pub. L.
105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590;
amended Pub. L. 111–39, title I, § 101(b)(2), July 1,
2009, 123 Stat. 1935.)
Editorial Notes
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in subsec. (b), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(b), is Pub. L. 93–112, Sept. 26, 1973,
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1011
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Federal law — U.S. Code and appendices · legal_authorities
Page 191
TITLE 29—LABOR
§ 701
Sec.
SUBCHAPTER II—RESEARCH AND TRAINING
760.
Declaration of purpose.
761.
Authorization of appropriations.
762.
National Institute on Disability, Independent
Living, and Rehabilitation Research.
762a.
Research and demonstration projects.
763.
Interagency Committee.
764.
Research and other covered activities.
765.
Disability, Independent Living, and Rehabili-
tation Research Advisory Council.
766.
Definition of covered school.
SUBCHAPTER III—PROFESSIONAL DEVELOPMENT
AND SPECIAL PROJECTS AND DEMONSTRATIONS
771.
Declaration of purpose and competitive basis
of grants and contracts.
772.
Training.
773.
Demonstration and training programs.
774, 775.
Repealed.
776.
Measuring of project outcomes and perform-
ance.
SUBCHAPTER IV—NATIONAL COUNCIL ON
DISABILITY
780.
Establishment of National Council on Dis-
ability.
780a.
Independent status of National Council on the
Handicapped.
781.
Duties of National Council.
782.
Compensation of National Council members.
783.
Staff of National Council.
784.
Administrative powers of National Council.
785.
Authorization of appropriations.
SUBCHAPTER V—RIGHTS AND ADVOCACY
790.
Repealed.
791.
Employment of individuals with disabilities.
792.
Architectural and Transportation Barriers
Compliance Board.
793.
Employment under Federal contracts.
794.
Nondiscrimination under Federal grants and
programs.
794a.
Remedies and attorney fees.
794b.
Removal of architectural, transportation, or
communication barriers; technical and fi-
nancial assistance; compensation of experts
or consultants; authorization of appropria-
tions.
794c.
Interagency Disability Coordinating Council.
794d.
Electronic and information technology.
794d–1.
Reports on accessibility of
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
Page 8237
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12101
read as follows: ‘‘The plan shall accompany the Presi-
dent’s annual budget submission to the Congress.’’
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which reports required
under subsecs. (a) and (b) of this section are listed as
the 20th item on page 84 and the 19th item on page 86),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance.
§ 12007. No antitrust immunity or defenses
Nothing in this chapter shall be deemed to
convey to any person, partnership, corporation,
or other entity immunity from civil or criminal
liability under any antitrust law or to create de-
fenses to actions under any antitrust law. As
used in this section, ‘‘antitrust laws’’ means
those Acts set forth in section 12 of title 15.
(Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103
Stat. 1859, known as the Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 12001 of this title and
Tables.
CHAPTER 126—EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec.
12101.
Findings and purpose.
12102.
Definition of disability.
12103.
Additional definitions.
SUBCHAPTER I—EMPLOYMENT
12111.
Definitions.
12112.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101
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