CRS REPORT FOR CONGRESS
CIVIL RIGHTS RESTORATION ACT:
Library Services Division
Congressional Research Service
April 29, 1988
T h e Congressional Research Service works exclusi\ely for
the Congress, conducting research, analyzing leqslation, and
providing information at the request of committees. Members, and their staffs.
T h e Service makes such research available, without partisan bias, in many forms including studies, reports, compilations, digests, and background briefings. Upon request, CRS
assists committees in analyzing legislative proposals and
issues, and in assessing the possible effects of these proposals
and their alternatives. T h e Service's senior specialists and
subject analysts are also available for personal consultations
in their respective fields of expertise.
This bibliography includes references to magazine articles, monographs, and congressional documents which discuss civil rights legislation following 1984 Supreme
Court decision in Grove City v. Bell which ruled title IX applies only to the specific
program receiving federal financial assistance.
CIVIL RIGHTS RESTORATION ACT:
Allen, W. B. T h e Grove C i t y case: civil r i g h t s and civil w r o n g s . Lincoln review, v. 6, summer
Argues that proposed legislation to reverse the impact of the Grove City College v. Bell
decision is not in the best interest of the groups that it intends to protect because the liberty of
everyone is further eroded by increased governmental intervention into the lives of the individual.
Baumann, Richard M. Civil r i g h t s litigation: section 1983. Annual survey of American law, v.
1985, Jan. 1986: 203-227.
Article contends that "the Supreme Court has recently been dividing on issues that directly
affect the remedial vitality of section 1983. As a result, section 1983 jurisprudence has become
muddled, and the effectiveness of private federal rights enforcement has undoubtably suffered.
Some observers note a tendency in current Court opinions to cut back on section 1983 litigation at
'The story of
Blow, Richard. Don't look NOW. New republic, v. 198, Apr. 11, 1988: 11-12.
why NOW [National Organization for Women] stood on the sidelines during the most important
legislative battle for women's rights in recent years is a textbook example of how to lose friends
and not influence people on Capitol Hill."
Cohodas, Nadine. B a t t l e s h a p i n g u p in S e n a t e w e r r i g h t s bill. Congressional quarterly, v. 42,
June 9, 1984: 1365-1367.
"HR 5490 and S 2568 address the Grove City issues by making clear that any 'recipient' of
federal aid-rather than any 'program or activity' receiving aid-would be required t o conform to
Cohodas, Nadine. I g n o r i n g R e a g a n , H o u s e passes G r o v e C i t y bill. Congressional quarterly
weekly report, v. 46, Mar. 5, 1988: 563-565.
"After four years of trying and after reluctantly
yielding in a abortion dispute, sponsors of a controversial civil rights bill and their interest-group
allies pushed the measure through Congress March 2."
Czapanskiy, Karen. G r o v e City College v. Bell: t o u c h d o w n or touchback?
review, v. 43, no. 2, 1984: 379-412.
Article concludes that prior to Grove City upotential victims of discrimination had the assurance that they would not be arbitrarily subjected t o discrimination as they moved from one
schoolroom t o another, or one worksite to another. If Congress moves rapidly t o overturn Grove
City, these assumptions need not be disturbed. If it does not, the civil rights laws will be left
Dale, Charles. T h e Civil R i g h t s R e s t o r a t i o n A c t of 1987: legal analysis of S. 557 a n d H.R.
1214, 1 0 0 t h Congress. Apr. 10, 1987. Washington, Congressional Research Service, 1987. 22
As in prior years, there are before the 100th Congress two bills, S. 557 and H.R. 1214, designed
to "restore the . . . broad institution-wide application" of certain Federal civil rights laws in the
wake of the U.S. Supreme Court ruling in Grove City College v. Bell.
Dale, Charles. Legal analysis of H.R. 700, t h e 'Civil R i g h t s R e s t o r a t i o n A c t of 1985," as
reported w i t h amendments b y t h e House Committee o n Education a n d Labor a n d t h e
House J u d i c i a r y C o m m i t t e e . Oct . 31, 1985. Washington, Congressional Research Service,
1985. 17 p.
This report examines the Civil Rights Restoration Act of 1985 (H.R. 700) as reported out of
committee which would "restore the . . . broad institution-wide application" of certain Federal
civil rights laws in the wake of the Supreme Court ruling in Grove City College v. Bell.
Dale, Charles V. H o m o s e x u a l rights: legal analysis of H.R. 709/S. 464, t h e &Civil R i g h t s
A m e n d m e n t s A c t of 1987". Sept. 18, 1987. Washington, Congressional Research Service,
1987. 24 p.
This report analyzes H.R. 709 and S. 464, bills in the 100th Congress to amend the 1964 and
1968 Civil Rights Acts to prohibit discrimination on the basis of "affectional or sexual orientation."
Eddy, Mark A. P r o h i b i t i n g discrimination o n t h e basis of affectional or s e x u a l orientation:
a r g u m e n t s for and a g a i n s t proposed legislation. Oct. 13, 1987. Washington, Congressional
Research Service, 1988. 11 p.
This report summarizes the provisions of the proposed Civil Rights Amendments Act of 1987,
which would prohibit discrimination on the basis of adfectional or sexual orientation, and sets forth
the major arguments for and against the proposed legislation.
Frank, Cheryl. A r e t u r n of sex bias? T i t l e LY. ruling raises f e a r s o n b o t h sides. American
Bar Association journal, v. 70, Aug. 1984: 26-27.
"In its decision, the high court upheld the Reagan administration's narrow reading of the law,
finding that Title IX protection applies only when there's a direct link between federal funds and
specific activities or programs."
Gest, Ted. Civil-rights drive shifts t o l a w gear. U.S. news & world report, v. 97, July 2, 1984:
"Two decades after a landmark bill to end racial bias, opportunities have grown far more
plentiful for minorities, but subtle discrimination lingers on."
Greene, Linda S. T w e n t y y e a r s of civil rights: h o w firm a f o u n d a t i o n ? Rutgers law review, v.
37, summer 1985: 707-754.
"This article examines the progress made toward equality under the twentieth century civil
rights statutes. In particular, developments in housing and employment discrimination are reviewed. In assessing prospects for the future of equality, this article explores the concepts of state
sovereignty and victimization. It concludes that the civil rights statutes have accomplished a great
deal, but that their role as viable avenues to meaningful equality has not yet been fully realized."
Griffin, Joan M. G r o v e C i t y College v. Bell: restricting t h e scope of t i t l e
women's law journal, v. 8, spring 1985: 179194.
Comment concludes that following the Grove City decision 'the government has quickly
adopted the position that the 'purpose and effect' of federal funds will be narrowly construed to
limit the applicability of civil rights laws. This narrow construction will in turn lead to limited
enforcement of these statutes. Congress could not have intended, and should not tolerate, such a
Jones, Gordon S. @Civilrights" can be a deceptive label. Washington, Heritage Foundation,
1985. 4 p. (Issue bulletin no. 112)
Raises objections to the proposed Civil Rights Act of 1984, which failed to pass the 98th
Congress and would have overturned the Supreme Court's 1984 Grove City decision.
Jones, Nmcy Lee. Legal implications of the contagious disease or infections amendment
to the Civil Rights Restoration Act, S. 557. Mar. 14, 1988. Washington, Congressional
Research Service, 1988. 27 p.
S. 557, 100th Congress, as it passed the House and Senate contained an amendment to
the definitional section of the Rehabilitation Act discussing the applicability of section 504 as it
relates to the employment of persons with contagious diseases or infections. This provision would
most likely be interpreted as codifying the existing standards relating to section 504 interpretation
concerning discrimination against individuals with handicaps.
Lascell, David. Grove City College v. Bell: how long is the Federal regulatory reach?
Journal of social, political and economic studies, v. 9, spring 1984: 38-44.
Just prior to the Supreme Court decision, this lawyer defends Grove City College's position
that it should not be subject to Federal regulation since the school does not receive financial
assistance from the Federal Government.
Lewis, Karen. Grave City College v. Bell and its aftermath. Mar. 11, 1985. Washington,
Congressional Research Service, 1985. 23, 3 p.
In Grove City College v. Bell, the United States Supreme Court held that the sex discrimination prohibitions of Title IX of the 1972 Education Amendments were intended to cover
educational institutions receiving either direct or indirect Federal assistance but only to the extent
of the program or activity aided. This report discusses the cases and legislative reaction.
Lewis, Karen J., and Charles V. Dale. The Civil Rights Reatoration Act of 1987: legal analysis
of S. 557. Mar. 1, 1988. Washington, Congressional Research Service, 1988. 40 p.
The Senate in January 1988 passed S. 557 with amendments t o 'restore the . . . broad
institutions-wide applicationn of certain Federal civil rights laws in the wake of the U.S. Supreme
Court ruling in Grove City College v. Bell. This report discusses the background and contents of
Lyke, Robert F. Title M:new legislation to overturn the Grove City College decision.
Congessional Research Service review, v. 5, June 1984: 1416.
"On February 28,1984, the U.S. Supreme Court ruled in Grove City College v. Bell that title
IX applies only to the specific program or activity receiving Federal financial assistance. ...People
who advocate a strong Federal role in combating sex discrimination argue that unless Congress
overturns this decision, title IX's enforcement will be severely impaired. Moreover, they contend
that the enforcement of other civil rights laws with similar statutory language will also be affected."
McClure, Phyllis, and Antonio Califa. Justice denied: the loss of civil rights after the Grove
City College decision; a report compiled by the NAACP Legal Deferme and Educational
Fund, Inc. and the American Civil Liberties Union. Washington, The Union, 1986. 8 p.
"Since the Grove City College ruling, thousands of complaints charging discrimination already
filed with the Department of Education, the Department of Health and Human Services and other
federal agencies have been dismissed on the grounds that the agencies lack jurisdiction. This
report will document a small sampling of these cases and show the extent t o which civil rights
for minorities, women, the disabled and the elderly, once thought t o be secure, now have been
Congressional digest, v. 64, Jan. 1985: whole issue (32 p.).
Partial contents.-Pending civil rights legislation.-Pro & cons: should Congress enact the
proposed Civil Rights Act?
P e n d i n g civil r i g h t s legislation.
Ravitch, Diane. Missing definitions: Congress a n d civil rights. New leader, v. 67, May 28,
"The problem with the Civil Rights Act of 1984, in short, is not the principle it enunciates.
Rather it is Congress' failure t o confront controversial practices. The sponsors of the new legislation
stress that it will break no new ground, but they have an obligation t o clear up the old ground-to
settle many of the issues that have clogged court calendars in recent years."
Reagan, Ronald. L e t t e r t o congressional leaders o n the proposed Civil R i g h t s Restoration
A c t of 1987. Weekly compilation of Presidential documents, v. 24, Mar. 7, 1988: 287.
Rice, Charles E. Civil R i g h t s A c t of 1984; S. 2568/H.R. 5490.
Studies, 1984. 25 p.
Washington, Center for Judicial
Seha, Ann M. The a d m i n i s t r a t i v e enforcement of title M in intercollegiate athletics. Law
& inequality, v. 2, Feb. 1984: 121-326.
Article reviews the development, interpretation, and enforcement of regulations prohibiting
sex discrimination in intercollegiate athletics, a policy mandated by title IX of the 1972 Education
Amendments and administered by the Department of Education's Office for Civil Rights. Appends
(p. 183-326) OCR's findings for 72 intercollegiate programs and the compliance plans ODR has
accepted for remedying inequities.
Spence, Muriel Morisey. T h e Civil R i g h t s Commission double cross. Focus, v. 12, Jan. 1984:
American Civil Liberties Union legislative counsel charges that the Reagan Administration
"violated the nonlegislative understandings that had been part of the agreementn to-preserve the
Spence, Muriel Morisey. In c o n t e m p t of Congress and the courts: the R e a g a n civil rights
record. Washington, American Civil Liberties Union, 1984. 28 p.
"This report documents a series of official acts, many of which have not been widely reported, demonstrating the Reagan Administration's contempt of Congress, in the area of civil
rights. . . .These actions illustrate that the president, his White House advisors, and Justice Department officials have deliberately and systematically undermined civil rights statutes enacted by
M o n t h e line. National voter, v. 34, summer 1984: 22-25.
"Just what is Title IX,and what is the uproar all about? The League of Women Voters believes
that the issue is sex discrimination and that Title IX-as originally conceived and intended-is what
is needed to prevent inequalities from creeping back into our schools. A look a t where Title IX has
come from will show why."
U.S. Congress. House. Committee on Education and Labor. Civil R i g h t s A c t of 1984. J o i n t
hearings before t h e C o m m i t t e e o n E d u c a t i o n a n d L a b o r a n d t h e S u b c o m m i t t e e o n
Civil a n d C o n s t i t u t i o n a l R i g h t s of t h e C o m m i t t e e o n t h e Judiciary, H o u s e of Representatives, 9 8 t h Congress, 2 n d session, o n H.R. 5490. Washington, G.P.O., 1984. 308 p.
"Serial no. 70" Hearings held in Washington, D.C., on May 9-22, 1984.
U.S. Congress. House. Committee on Education and Labor. Civil R i g h t s R e s t o r a t i o n A c t of 1985.
J o i n t hearings before t h e C o m m i t t e e o n E d u c a t i o n a n d L a b o r and t h e S u b c o m m i t t e e
o n Civil a n d C o n s t i t u t i o n a l R i g h t s of t h e C o m m i t t e e on t h e Judiciary, House of R e p resentatives, 99th Congress, 1 s t session o n H.R. 700. Washington, G.P.O., 1986. 1329 p.
"Committee on Education and Labor Serial no. 9487" "Committee on the Judiciary Serial
no. 29" Hearings held in Philadelphia, PA, Mar. 4; Washington, DC, Mar.7-Apr.2; Atlanta, GA,
Mar. 11; Chicago, IL, Mar. 15; Los Angeles, CA, Mar. 22; and Santa Fe, NM, Mar. 25, 1985.
U.S. Congress. House. Committee on Education and Labor. Subcommittee on Postsecondary Education. H e a r i n g s o n higher education civil r i g h t s enforcement. Joint hearings before the
Subcommittee on Pmtsecondary Education of the Committee on Education and Labor and the
Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of
Representatives, 98th Congress, 1st session. Washington, G .P.O., 1984. 438 p.
Hearings held May 17-25, 1983.
U.S. Congress. House. Committee on the Judiciary. Civil R i g h t s A c t of 1984; report to accomWashp a n y H.R. 5490 including cost e s t i m a t e of t h e Congressional B u d g e t Office.
ington, G.P.O., 1984. 2 v. (Report, House, 98th Congress, 2nd session, no. 98-829, pts 1 and 2)
"The purpose of this legislation is simple and straight-forward t o reaffirm pre-Grove City
College judicial and executive branch interpretations and enforcement practices which provided for
broad coverage of these antidiscrimination provisions."
U.S. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights.
Discrimination in federally f u n d e d programs-the i m p a c t of the G r o v e City decision.
Oversight hearing, 99th Congress, 2 n d session. Aug. 7, 1986. Washington, G .P.O., 1987.
"Serial no. 121".
U.S. Congress. Senate. Committee on Agriculture, Nutrition and Forestry. The Civil R i g h t s A c t of
1 9 8 4 4 . 2568. H e a r i n g , 9 8 t h Congress, 2 n d session. J u n e 12, 1984. Washington, G.P.O.,
1984. 65 p. (Hearing, Senate, 98th Congress, 2nd session, S. Hrg. 98-1065)
U.S. Congress. Senate. Committee on Labor and Human Resources. Civil R i g h t s A c t of 1984.
H e a r i n g , 9 8 t h Congress, 2 n d session o n S. 2568. Part 2. J u n e 26, 1984. Washington,
G.P.O., 1984. 394 p. (Hearing, Senate, 98th Congress, 2nd setmion, S. Hrg. 98-1137, part 2)
U.S. Congress. Senate. Committee on Labor and Human Resources. Civil R i g h t s Restoration A c t
of 1987. Hearings, 1 0 0 t h Congress, 1st session o n S. 557. Washington, G.P.O., 1988. 679
p. (Hearing, Senate, 100th Congress, 1st session, S.Hrg. 1W374)
Hearings held Mar. 19 and Apr. 1, 1987.
U.S. Congress. Senate. Committee on Labor and Human Resources. T h e Civil R i g h t s R e s t o r a t i o n
A c t of 1987; r e p o r t t o g e t h e r w i t h m i n o r i t y views t o a c c o m p a n y S. 557. Washington,
G.P.O., 1987. 38 p. (Report, Senate, 100th Congress, 1st session, no. 100-64)
U.S. Congress. Senate. Committee on Labor and Human Resources. P r o p o s e d G r o v e C i t y legislation, religious liberty, a n d p r i v a t e education. Hearings, 9 9 t h Congress, 1 s t session.
Washington, G.P.O., 1986. 243 p. (Hearing, Senate, 99th Congress, 1st session, S. Hrg. 99-467)
Hearings held July 17 and Sept. 20, 1985.
U.S. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Education, Arts
and Humanities. Civil R i g h t s A c t of 1984. J o i n t H e a r i n g before the S u b c o m m i t t e e on
E d u c a t i ~ n ,A r t s a n d H u m a n i t i e s a n d t h e S u b c o m m i t t e e on the H a n d i c a p p e d of t h e
C o m m i t t e e on L a b o r a n d H u m a n Resources, U n i t e d S t a t e s S e n a t e , 9 8 t h Congress, 2 n d
session on S. 2568. P a r t 1. M a y 24, 1984. Washington, G.P.O., 1985. 118 p. (Hearing,
Senate, 98th Congress, 2nd session, S. Hrg. 98-1137, part 1)
U.S. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution. Civil R i g h t s
A c t of 1984. H e a r i n g s , 9 8 t h Congress, 2 n d session on S. 2568.
1984. 575 p. (Hearings, Senate, 98th Congress, 2nd session, S. Hrg. 98-934)
Hearings held May 30 and June 5, 1984. "Serial no. 5-98-122".
U.S. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution. F e d e r a l
1984. 149 p. (Print, Senate, 98th
civil r i g h t s laws: a sourcebook.
Congress, 2nd session, committee print S. Prt. 98-245)
"This publication, prepared by the Subcommittee on the Constitution, in conjunction with
the Congressional Research Service of the Library of Congress, is designed to serve as a concise
reference t o the general civil rights statutes of the Nation, as well as t o constitutional amendments,
Supreme Court decisions, executive orders, and State laws relating to civil rights."