20 U.S.C. § 1688 — Neutrality with respect to abortion

Page 1029 TITLE 20—EDUCATION § 1688 1 So in original. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. This Act, referred to in text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235, known as the Education Amend- ments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. § 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 govern- ment 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 as- sistance to a State or local government; (2)(A) a college, university, or other postsec- ondary institution, or a public system of high- er education; or (B) a local educational agency (as defined in section section 1 7801 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 cor- poration, 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 recre- ation; or (B) the entire plant or other comparable, geographically separate facility to which Fed- eral 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 para- graph (1), (2), or (3); any part of which is extended Federal financial assistance, except that such term does not in- clude any operation of an entity which is con- trolled by a religious organization if the applica- tion of section 1681 of this title to such oper- ation would not be consistent with the religious tenets of such organization. (Pub. L. 92–318, title IX, § 908, as added Pub. L. 100–259, § 3(a), Mar. 22, 1988, 102 Stat. 28; amended Pub. L. 103–382, title III, § 391(g), Oct. 20, 1994, 108 Stat. 4023; Pub. L. 107–110, title X, § 1076(j), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114–95, title IX, § 9215(bb), Dec. 10, 2015, 129 Stat. 2173.) Editorial Notes 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 Short Title note set out under section 1681 of this title and Tables. AMENDMENTS 2015—Par. (2)(B). Pub. L. 114–95 substituted ‘‘section 7801 of this title), system of vocational education, or other school system;’’ for ‘‘7801 of this title), system of vocational education, or other school system;’’. 2002—Par. (2)(B). Pub. L. 107–110 substituted ‘‘7801’’ for ‘‘8801’’. 1994—Par. (2)(B). Pub. L. 103–382 substituted ‘‘section 8801’’ for ‘‘section 2854(a)(10)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. FINDINGS OF CONGRESS Pub. L. 100–259, § 2, Mar. 22, 1988, 102 Stat. 28, 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 applica- tion of those laws as previously administered.’’ CONSTRUCTION Pub. L. 100–259, § 7, Mar. 22, 1988, 102 Stat. 31, 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 appli- cation of the Acts so amended [Education Amendments of 1972, Pub. L. 92–318, see Short Title of 1972 Amend- ment, 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 ulti- mate beneficiaries of Federal financial assistance ex- cluded 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, pro- gram, 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. § 1688. Neutrality with respect to abortion Nothing in this chapter shall be construed to require or prohibit any person, or public or pri- vate 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. Page 1030 TITLE 20—EDUCATION § 1689 (Pub. L. 92–318, title IX, § 909, as added Pub. L. 100–259, § 3(b), Mar. 22, 1988, 102 Stat. 29.) Editorial Notes 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 Short Title note set out under section 1681 of this title and Tables. Statutory Notes and Related Subsidiaries CONSTRUCTION This section not to be construed to extend applica- tion of Education Amendments of 1972, Pub. L. 92–318, to ultimate beneficiaries of Federal financial assist- ance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100–259, set out as a note under sec- tion 1687 of this title. ABORTION NEUTRALITY Pub. L. 100–259, § 8, Mar. 22, 1988, 102 Stat. 31, provided that: ‘‘No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Fed- eral Funds [sic] to perform or pay for an abortion.’’ § 1689. Task Force on Sexual Violence in Edu- cation (a) Task Force on Sexual Violence in Education Not later than September 1, 2022, the Sec- retary of Education, the Secretary of Health and Human Services, and the Attorney General shall establish a joint interagency task force to be known as the ‘‘Task Force on Sexual Violence in Education’’ that shall— (1) provide pertinent information to the Sec- retary of Education, the Attorney General, Congress, and the public with respect to cam- pus sexual violence prevention, investigations, and responses, including the creation of con- sistent, public complaint processes for viola- tions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 1092(f) of this title; (2) provide recommendations to educational institutions for establishing sexual assault prevention and response teams; (3) develop recommendations for educational institutions on providing survivor resources, including health care, sexual assault kits, sex- ual assault nurse examiners, culturally re- sponsive and inclusive standards of care, trau- ma-informed services, and access to confiden- tial advocacy and support services; (4) develop recommendations in conjunction with student groups for best practices for re- sponses to and prevention of sexual violence and dating violence for educational institu- tions, taking into consideration an institu- tion’s size and resources; (5) develop recommendations for educational institutions on sex education, as appropriate, training for school staff, and various equitable discipline models; (6) develop recommendations on culturally responsive and inclusive approaches to sup- porting survivors, which include consideration of race, ethnicity, national origin, religion, immigrant status, lesbian, gay, bisexual, or transgender (commonly referred to as ‘‘LGBT’’) status, ability, disability, socio-eco- nomic status, exposure to trauma, and other compounding factors; (7) solicit periodic input from a diverse group of survivors, trauma specialists, advo- cates from national, State, and local anti-sex- ual violence advocacy organizations, institu- tions of higher education, and other public stakeholders; (8) assess the Department of Education’s ability under section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) to levy in- termediate fines for noncompliance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the advisability of ad- ditional remedies for such noncompliance, in addition to the remedies already available under Federal law; and (9) create a plan described in subsection (c). (b) Personnel details (1) Authority to detail Notwithstanding any other provision of law, the head of a component of any Federal agen- cy for which appropriations are authorized under the Violence Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any amendments made by that Act, may detail an officer or em- ployee of such component to the Task Force on Sexual Violence in Education or to the Sec- retary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such compo- nent and the Task Force. (2) Terms of detail A personnel detail made under paragraph (1) may be made— (A) for a period of not more than 3 years; and (B) on a reimbursable or nonreimbursable basis. (c) Additional plan Not later than 90 days after the date on which the Task Force on Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress recommenda- tions for recruiting, retaining, and training a highly-qualified workforce employed by the De- partment of Education to carry out investiga- tion of complaints alleging a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 1092(f) of this title, and enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section 1092(f) of this title, with respect to sexual violence in education, which shall include— (1) an assessment to identify gaps or chal- lenges in carrying out such investigation and enforcement, which may include surveying the current investigative workforce to solicit feed- back on areas in need of improvement; (2) an examination of issues of recruiting, re- tention, and the professional development of the current investigative workforce, including the possibility of providing retention bonuses or other forms of compensation for the pur-