grove city college bell argued november decided february section title ix education amendments prohibits sex discrimination education program activity receiving federal financial assistance provides recipient compliance regulations federal agency awarding assistance may secured termination assistance particular program part thereof noncompliance found statute federally assisted program must identified title ix coverage triggered petitioner grove city college college private coeducational liberal arts college accepts direct federal assistance participate regular disbursement system rds department education department whereby amounts federal grants students advanced institution selects eligible students calculates distributes grants however college enrolls students receive direct federal basic educational opportunity grants beog department alternative disbursement system ads department concluded applicable regulations college recipient federal financial assistance college refused execute assurance compliance title ix nondiscrimination provisions required regulations department initiated administrative proceedings resulted order terminating assistance college executed assurance compliance satisfied department compliance regulations college four students filed suit federal district held students beog constituted federal financial assistance college department terminate students aid college refusal execute assurance compliance appeals reversed holding department terminate students beog force college execute assurance compliance held title ix coverage triggered college students receive beog pay education view structure education amendments clear statutory language legislative history including postenactment history showing congress awareness student assistant programs established amendments significantly aided colleges universities longstanding administrative construction phrase receiving federal financial assistance including assistance student uses particular institution title ix coverage foreclosed merely federal funds granted students rather college educational programs pp however receipt beog college students trigger institutionwide coverage title ix purpose effect beog represent financial assistance college financial aid program program may properly regulated title ix nondiscrimination provision limitations college choice participating ads rather rds mechanism administering beog program neither expands contracts breadth program activity receiving federal financial assistance fact federal funds eventually reach college general operating budget subject institutionwide coverage pp refusal execute proper assurance compliance warrants department termination federal assistance student financial aid program college contention termination must preceded finding actual discrimination supported language pp requiring college comply title ix prohibition discrimination condition continued eligibility participate beog program infringes first amendment rights college students pp white delivered opinion burger blackmun powell rehnquist joined part iii brennan marshall stevens joined powell filed concurring opinion burger joined post stevens filed opinion concurring part concurring result post brennan filed opinion concurring part dissenting part marshall joined post david lascell argued cause petitioners briefs robb jones acting solicitor general bator argued cause respondents briefs solicitor general lee assistant attorney general reynolds deputy assistant attorney general cooper john garvey brian landsberg briefs amici curiae urging reversal filed equal employment advisory council robert williams douglas mcdowell edward potter hillsdale college robert barker pacific legal foundation ronald zumbrun john findley briefs amici curiae urging affirmance filed american association university women et al nancy duff campbell margaret kohn council collegiate women athletic administrators lionel sobel lawyers committee civil rights law richard dinkelspiel norman redlich william robinson norman chachkin roger waldman mexican american legal defense educational fund et al robert kapp joseph hassett john keeney joaquin avila morris baller briefs amici curiae filed mountain legal foundation et al maxwell miller wabash college david shane representative claudine schneider et al karen syma shinberg czapanskiy justice white delivered opinion section title ix education amendments pub stat prohibits sex discrimination education program activity receiving federal financial assistance directs agencies awarding types assistance promulgate regulations ensure recipients adhere prohibition compliance departmental regulations may secured termination assistance particular program part thereof noncompliance found means authorized law case presents several questions concerning scope operation provisions regulations established department education must decide first whether title ix applies grove city college accepts direct assistance enrolls students receive federal grants must used educational purposes must identify education program activity grove city receiving federal financial assistance determine whether federal assistance program may terminated solely college violates department regulations refusing execute assurance compliance title ix finally must consider whether application title ix grove city infringes first amendment rights college students petitioner grove city college private coeducational liberal arts college sought preserve institutional autonomy consistently refusing state federal financial assistance grove city desire avoid federal oversight led decline participate direct institutional aid programs also federal student assistance programs college required assess students eligibility determine amounts loans funds grants receive grove city however enrolled large number students receive basic educational opportunity grants beog ed department education alternate disbursement system ads department concluded grove city recipient federal financial assistance terms defined regulations implementing title ix cfr july requested college execute assurance compliance required cfr grove city signed assurance agreed omply extent applicable title ix applicable requirements imposed pursuant department regulation end person shall basis sex subjected discrimination education program activity receives benefits federal financial assistance department app pet cert grove city four students commenced action district western district pennsylvania concluded students beog constituted federal financial assistance grove city held several grounds department terminate students aid college refusal execute assurance compliance grove city college harris supp appeals reversed first examined language legislative history title ix held indirect well direct aid triggered coverage institutions whose students financed educations beog recipients federal financial assistance within meaning title ix although recognized title ix provisions likened assistance flowing grove city students nonearmarked aid one judge dissenting declared federal government furnishes indirect aid institution apparent us institution must program finally appeals concluded department condition financial aid upon execution assurance compliance department acted properly terminating federal financial assistance students grove city despite lack evidence actual discrimination granted certiorari affirm appeals judgment department terminate beog received grove city students force college execute assurance compliance ii defending refusal execute assurance compliance required department regulations grove city first contends neither education program activity college receives federal financial assistance within meaning title ix virtue fact students receive beog use pay education disagree grove city provides liberal arts education variety educational programs student services question whether programs activities receiv es federal financial assistance within meaning title ix students finance education beog structure education amendments congress created beog program imposed title ix nondiscrimination requirement strongly suggests affirmative conclusion beog aptly characterized centerpiece bill cong rec pucinski title ix relate directly central purpose cong rec bayh view connection congress express recognition discrimination administration student financial aid programs indeed anomalous discover one primary components congress comprehensive package federal aid pell intended trigger coverage title ix surprising find therefore language contains hint congress perceived substantive difference direct institutional assistance aid received school students linchpin grove city argument none programs receives federal assistance perceived distinction direct indirect aid distinction finds support text nothing suggests congress elevated form substance making application nondiscrimination principle dependent manner program activity receives federal assistance basis statute view institutions apply federal aid receive checks directly federal government subject regulation cf bob jones university johnson supp sc affirmance order appeals observed inclusive terminology appears encompass forms federal aid education direct indirect emphasis original recognized need accord title ix sweep broad language north board education bell quoting price reluctant read limitation apparent face reluctance grows pause consider available evidence congress intent economic effect direct indirect assistance often indistinguishable see mueller allen marshall dissenting committee public education nyquist norwood harrison beog program structured ensure effectively supplements college financial aid program congress undoubtedly comprehended reality enacting education amendments legislative history amendments replete statements evincing congress awareness student assistance programs established amendments significantly aid colleges universities fact one stated purposes student aid provisions provid assistance institutions higher education pub stat congress awareness purpose effect student aid programs also reflected sparse legislative history title ix title ix patterned title vi civil rights act pub stat et seq ed supp cannon university chicago cong rec bayh drafters title vi envisioned receipt student aid funds trigger coverage since approved identical language discern reason believe congressmen voted title ix intended different result contemporaneous statements attempted give content phrase receiving federal financial assistance admittedly somewhat ambiguous consistent senator bayh declaration title ix authorizes termination aid comes department health education welfare cong rec statements individual legislators given controlling effect least instances consistent plain language title ix senator bayh remarks authoritative guide statute construction north board education bell contemporaneous legislative history short provides basis believing title ix broad language somehow inconsistent congress underlying intent see also persuasive evidence congress intent concerning student financial aid may also gleaned subsequent treatment title ix twice recognized probative value title ix unique postenactment history north board education bell supra cannon university chicago supra department sex discrimination regulations made clear cholarships loans grants extended directly students payment institution constitute federal financial assistance entity fed reg see supra statutory laying procedure general education provisions act pub stat amended ed congress afforded opportunity invalidate aspects regulations deemed inconsistent title ix regulations clear secretary weinberger left doubt concerning department position furnishing student assistance student uses particular institution federal aid covered statute yet neither house passed disapproval resolution congress failure disapprove regulations dispositive recognized north board education bell supra strongly implies regulations accurately reflect congressional intent congress never disavowed implication fact acted consistently number occasions benefit clear statutory language powerful evidence congress intent longstanding coherent administrative construction phrase receiving federal financial assistance little trouble concluding title ix coverage foreclosed federal funds granted grove city students rather directly one college educational programs remains question however identifying education program activity college properly characterized receiving federal assistance grants students attending college iii analysis title ix language legislative history led us conclude north board education bell agency authority title ix promulgate regulations terminate funds subject limitations although legislative history contains isolated suggestions entire institutions subject nondiscrimination provision whenever one programs receives federal assistance see hearings bayh accept appeals conclusion circumstances present grove city program activity may regulated entirety nevertheless find merit grove city contention decision treating beog federal financial assistance reconciled title ix language since beog tied specific education program activity grove city participated beog program rds doubt education program activity receiving federal financial assistance entire college rather student financial aid program rds institutions receive federal funds directly use subsidize expand financial aid programs recruit students might otherwise unable enroll short assistance earmarked recipient financial aid program ignoring title ix language conclude funds received rds awarded eligible students paid back school tuition comes due represent federal aid entire institution see reason reach different conclusion merely grove city elected participate ads although grove city disburse students awards beog clearly augment resources college devotes financial aid true rds however fact federal funds eventually reach college general operating budget subject grove city institutionwide coverage grove city choice administrative mechanisms hold neither expands contracts breadth program activity financial aid program receives federal assistance may regulated title ix extent appeals holding beog received grove city students constitute aid entire institution rests possibility federal funds received one program activity free college resources use elsewhere appeals reasoning doubly flawed first evidence federal aid received grove city students results diversion funds college financial aid program areas within institution second important appeals assumption title ix applies programs receiving larger share school limited resources result federal assistance earmarked use elsewhere within institution inconsistent nature statute federal educational assistance economic ripple effects throughout aided institution difficult impossible determine programs activities derive indirect benefits appeals theory entire school subject title ix merely one students received small beog one departments received earmarked federal grant result squared congress intent appeals analogy student financial aid received educational institution nonearmarked direct grants provides plausible justification holding faulty student financial aid programs believe sui generis neither purpose effect beog fairly characterized unrestricted grants institutions may use whatever purpose desire beog program designed merely increase total resources available educational institutions enable offer services students previously unable afford higher education true course substantial portions beog received grove city students ultimately find way college general operating budget used provide variety services students funds pass however found persuasive evidence suggesting congress intended department regulatory authority follow federally aided students classroom classroom building building activity activity addition congress recognized considering education amendments economic effect student aid far different effect nonearmarked grants institutions since former unlike latter increases institution resources obligations see pub stat cong rec badillo sense student financial aid closely resembles many earmarked grants conclude receipt beog grove city students trigger institutionwide coverage title ix purpose effect beog represent federal financial assistance college financial aid program program may properly regulated title ix iv since grove city operates education program activity receiving federal financial assistance department may properly demand college execute assurance compliance title ix cfr grove city contends however assurance requested sign invalid face interpreted department failed comport title ix character whatever merit objection might time valid basis refusing execute assurance compliance assurance compliance regulation face impose institutionwide obligations recipients must provide assurance education program activity operated part applies operated compliance part cfr emphasis added regulations apply terms every recipient education program activity operated recipient receives benefits federal financial assistance cfr emphasis added regulations like issue north board education bell conform limitations congress enacted department claim regulations reach beyond college student aid program furthermore assurance compliance currently use like one grove city refused execute face purport reach entire college certifies compliance respect education programs activities receiving federal financial assistance see supra opinion consistent requirements title ix covered education program college financial aid program refusal execute proper assurance compliance warrants termination federal assistance student financial aid program college contention termination must preceded finding actual discrimination finds support language plainly authorizes sanction effect ompliance requirement adopted pursuant section regulations authorizing termination assistance refusal execute assurance compliance title vi promulgated cfr upheld gardner alabama cert denied long title ix enacted congress doubt anticipated similar regulations developed implement title ix cong rec bayh conclude therefore department may properly condition federal financial assistance recipient assurance conduct aided program activity accordance title ix applicable regulations grove city final challenge appeals decision conditioning federal assistance compliance title ix infringes first amendment rights college students warrants brief consideration congress free attach reasonable unambiguous conditions federal financial assistance educational institutions obligated accept pennhurst state school hospital halderman grove city may terminate participation beog program thus avoid requirements students affected department action may either take beog elsewhere attend grove city without federal financial assistance requiring grove city comply title ix prohibition discrimination condition continued eligibility participate beog program infringes first amendment rights college students accordingly judgment appeals affirmed footnotes section provides federal department agency empowered extend federal financial assistance education program activity way grant loan contract contract insurance guaranty authorized directed effectuate provisions section respect program activity issuing rules regulations orders general applicability shall consistent achievement objectives statute authorizing financial assistance connection action taken rule regulation order shall become effective unless approved president compliance requirement adopted pursuant section may effected termination refusal grant continue assistance program activity recipient express finding record opportunity hearing failure comply requirement termination refusal shall limited particular political entity part thereof recipient finding made shall limited effect particular program part thereof noncompliance found means authorized law provided however action shall taken department agency concerned advised appropriate person persons failure comply requirement determined compliance secured voluntary means case action terminating refusing grant continue assistance failure comply requirement imposed pursuant section head federal department agency shall file committees house senate legislative jurisdiction program activity involved full written report circumstances grounds action action shall become effective thirty days elapsed filing report emphasis original see et seq ed cfr pt national direct student loans et seq ed supp cfr pt college work study program ed cfr pt supplemental educational opportunity grants department health education welfare functions respect beog transferred department education department education organization act pub stat refer hew doe department secretary discretion established two procedures computing disbursing beog regular disbursement system rds secretary estimates amount institution need grants advances sum institution selects eligible students calculates awards distributes grants either crediting students accounts issuing checks cfr institutions whose students receive beog participate rds ads option made available secretary schools wish minimize involvement administration beog program institutions participating program ads must make appropriate certifications secretary secretary calculates awards makes disbursements directly eligible students cfr title ix regulations recodified without substantive change cfr pt connection establishment department education fed reg references herein currently effective regulations federal financial assistance defined cfr include grant loan federal financial assistance including funds made available ii scholarships loans grants wages funds extended entity payment behalf students admitted entity extended directly students payment entity recipient defined cfr include ny public private agency institution organization entity person federal financial assistance extended directly another recipient operates education program activity receives benefits assistance see also cfr assurance compliance form currently use differs somewhat version quoted text see app brief federal respondents hillsdale college department education pp substance however refers education programs activities receiving federal financial assistance department also sought terminate guaranteed student loans gsl ed received grove city students district held first gsl contract insurance guaranty terminated title ix department challenge conclusion appeal express view aspect district reasoning also concluded grove city required execute assurance compliance subpart title ix regulations prohibits discrimination employment invalid appeals recognized since upheld validity subpart north board education bell district held alternative permitted termination upon actual finding sex discrimination grove city refusal execute assurance justify termination assistance finally reasoned affected students entitled hearings aid discontinued reaching conclusion appeals accepted position argued respondents respondents acknowledged oral argument department position model clarity tr oral arg department initially took position receipt student financial aid trigger institutionwide coverage title ix construed regulations effect pressed position lower courts brief opposition petition certiorari respondents defend aspect appeals opinion argued instead question need resolved decide case brief merits oral argument however respondents conceded appeals erred holding grove city constituted program activity subject regulation title ix department regulations represented may construed manner hence inconsistent statute concession course binding us foreclose review judgment see discrimination women hearings section special subcommittee education house committee education labor may mink griffiths cong rec bayh grove city recognizes problematic nature distinction advances although interpretation logically exclude coverage title ix local school districts receive federal funds state educational agencies see et seq ed grove city wisely attempt defend result fact college concedes ecause federal assistance often passed state agencies type indirect assistance leads title ix jurisdiction education program activity ultimately receives assistance brief petitioners emphasis original grove city proposed principled basis treating differently federal assistance received students federal aid disbursed state agency grove city students receive beog pay education receive college eligibility assistance conditioned upon continued enrollment grove city satisfactory progress studies grants based cost attendance grove city ed includes college tuition fees room board limited amount books supplies miscellaneous expenses cfr amount students families reasonably expected contribute subtracted maximum beog ensure assistance used solely educational expenses ed students required file affidavits stating awards used solely expenses related attendance grove city ed see cfr grove city attempt analogize beog food stamps social security benefits welfare payments forms governmental assistance families unavailing first evidence congress intended receipt federal money manner trigger coverage title ix second general assistance programs unlike student aid programs designed assist colleges universities third educational institutions control indeed perhaps knowledge whether ultimately receive federal funds made available individuals general assistance programs remain free opt federal student assistance programs fourth individuals eligibility general assistance tied attendance educational institution see supplemental views cong rec pell quie steiger cong rec reid pucinski statement isaac beckes letter kingman brewster mitchell see cong rec mcclellan appendix initial title vi regulations identified several programs making assistance available payments students among regulations applied fed reg version force title ix enacted cfr pt appendix see bob jones university johnson supp sc affirmance order current list programs covered title vi includes beog gsl cfr pt appendix grove city assumption congress excluded beog coverage title vi program operational baseless see cong rec mcgovern erlenborn cong rec bentsen grove city relies heavily colloquy senators bayh dominick dominick senator talking every program hew bayh let suggest imagine person sitting head hew administering program reasonable use leverage necessary institution unquestionable judgment directed specific assistance received individual students directed institution secretary expected use good judgment much leverage apply best applied cong rec grove city contends senator bayh statement demonstrates intent exclude student aid coverage title ix believe answer plausibly interpreted suggesting although secretary empowered terminate student aid probably need leverage exerted terminating assistance students course always remain free take assistance elsewhere statutory laying procedure actions taken congress pursuant completely summarized north board education bell sex discrimination regulations hearings subcommittee postsecondary education house committee education labor hearings secretary added view student assistance assistance government furnishes goes directly indirectly institution government aid within meaning title ix easy remedy simply tell us believe base assumption although congress proceeded amend disagreed hew interpretation statute north board education bell supra acquiesced department longstanding assessment types federal aid trigger coverage title ix considering education amendments example congress rejected amendment proposed senator mcclure defined federal financial assistance assistance received institution directly federal government cong rec senator pell objected amendment remove scope title ix funds provided beog program pointed hile dollars paid students flow ultimately go institutions higher education senator bayh raised similar objection amendment rejected see also treatment hatfield amendment also significant congress enacted legislation clarifying intent privacy act ensure institutions serving payment agents beog program considered contractors maintaining system records accomplish function secretary pub stat legislation responded concerns expressed educational institutions additional unnecessary administrative burdens imposed upon deemed contractors sharp contrast congress failed respond repeated requests colleges grove city position legislation exempting coverage title ix statutory authorization beog moreover renewed three times pub stat pub stat pub stat time congress well aware administrative interpretation grants believed trigger coverage title ix history reenactments makes clear congress regards beog forms student aid critical source support educational institutions see reauthorization higher education act related measures hearings subcommittee postsecondary education house committee education labor pt ford view congress consistent failure amend either title ix beog statute way support grove city argument feel fully justified concluding legislative intent correctly discerned north board education bell supra justice stevens assertion need decide jurisdiction decide question puzzling title ix coverage triggered education program activity receiving federal aid unless program identified basis ordering college execute assurance compliance appeals understood much ruled entire college covered educational program unless view statute overturned outstanding authoritative appeals judgment certificate grove city must execute relates entire college without certificate department entitled terminate grants grove city students grove city asks relieved judgment grounds none educational programs receiving federal aid programs receiving aid administration beog program grove city entitled issues addressed otherwise must deal undisturbed judgment appeals entire college subject federal oversight title ix even though secretary changed position longer agrees expansive construction accorded statute appeals still odds grove city extent covered program event modified stance hardly overturn modify judgment eliminate grove city legitimate substantial interest submissions adjudicated merit grove city argument department may regulate administration beog program employees work education program receive federal assistance north board education bell protected title ix even salaries funded federal money also students participate college federally assisted financial aid program receive federal funds protected discrimination basis sex institutions whose students received beog forms assistance required provide assurance continue spend scholarship program sources funds received federal programs less average expenditure per year made purpose recent period three fiscal years requirement altered education amendments pub stat ed longer applies schools whose students receive beog justice powell chief justice justice join concurring agree holding case dictated language legislative history title ix regulations department education join decision reluctantly write briefly record view case unedifying example overzealousness part federal government grove city college grove city may unique among colleges country certainly others like founded century ago grove city independent coeducational liberal arts college describes christian world view freedom philosophy perceiving interrelated app time suit students tuition surprisingly low private college college students receiving basic educational opportunity grants beog obtained guaranteed student loans gsl grants made directly students department education student loans guaranteed federal government apart indirect assistance grove city followed unbending policy refusing forms government assistance whether federal state local policy small college remain wholly independent government assistance recognizing case well illustrates acceptance assistance one surrenders certain measure freedom americans always cherished case involves regulation adopted department implement title ix well bear mind provides person shall basis sex excluded participation denied benefits subjected discrimination education program activity receiving federal financial assistance describes case arises pursuant regulation adopted title ix authorizes secretary obtain recipients federal aid assurance compliance title ix regulations issued thereunder outset litigation department insisted accepting students received beog awards grove city entire institution subject regulation title ix college view policies principles independence record nondiscrimination objected executing assurance one thought department confronted cases national importance involve actual discrimination respected independence admirable record college common sense good judgment failed prevail department chose litigate instituted administrative proceeding compel grove city execute agreement operate programs activities full compliance regulations promulgated title ix despite college record institution operated date full accordance letter spirit title ix administrative law judge heard case september relish task basis evidence included formal published statement grove city strong nondiscrimination policy stated also noted slightest hint failure comply title ix save refusal submit executed assurance compliance title ix refusal obviously matter conscience belief app pet cert emphasis added effect department termination student grants loans limited college indeed direct effect upon students absent availability scholarship funds many abandon college education choose another school avoid serious consequences suit instituted college prevailed district lost appeals grove city brought case department retreat present position title ix applies grove city financial aid office narrow theory department prevailed taken small independent college acknowledges engaged discrimination whatever six years litigation full weight federal government opposing believe department rejoice victory yearly tuition fees room board brief petitioners grove city college harris supp wd ibid findings administrative law judge questioned justice stevens concurring part concurring result two reasons unable join part iii opinion first advisory opinion unnecessary today decision second advice predicated speculation rather evidence controverted issue litigation whether grove city college may required execute assurance compliance title ix tendered secretary order continue receiving benefits federal financial assistance provided beog program appeals affirmed district decision grove city recipient federal financial assistance reversed decision secretary terminate federal financial assistance grove city refused execute assurance today holds part ii opinion grove city recipient federal financial assistance within meaning title ix part iv grove city must execute assurance compliance order continue receiving assistance holdings fully sufficient sustain judgment reviews acknowledges affirming judgment part iii opinion holds grove city required refrain discrimination basis sex except financial aid program stating decides issue dispute assurance compliance merely requires comply title ix extent applicable see ante secretary responsible administering title ix construes statute applicable grove city financial aid program secretary seeks judgment title ix requires grove city promise discriminate financial aid program correctly holds program subject requirements title ix grove city must promise discriminate operation program reason hold grove city need make promise secretary ask make fact making signing assurance order continue receive federal financial assistance soon enough decide question discussed part iii day comes secretary asks grove city make promise order continue receive federal financial assistance moreover record case far adequate decide question raised part iii see consolidated rail darrone post assuming moment participation beog program make title ix applicable entire institution factual inquiry nevertheless necessary grove city programs activities said receive benefit federal financial assistance import applicable regulation upheld today ante title ix applies every recipient education program activity operated recipient receives benefits federal financial assistance cfr overlooks fact regulation disjunctive title ix coverage always depend actual receipt federal financial assistance given program activity record tell us important beog program grove city either absolute relative terms tell us anything benefits program allocated within institution decides small scholarship one student subject entire school coverage ante case judged basis hypothetical example instead different one record showed suggest beog money reserved merely happened used talented athletes tuition payments sufficient support entire athletic program otherwise abandoned hypothetical program covered title ix athletic program discriminated basis sex plausibly contended congress intended beog money used enable program survive know something character particular program inappropriate give advice issue us accordingly subscribe reasoning parts ii iv opinion unable join part iii indeed speculate hypothetical cases consider school comparable private institutions discussed blum yaretsky patients received funds public sources see least theoretically possible educational institution might financed entirely tuition virtually students institution receive federal subsidy suggest grove city college institution suggest improper decide legal issue basis hypothetical examples selected support particular result justice brennan justice marshall joins concurring part dissenting part today concludes grove city college receiving federal financial assistance within meaning title ix education amendments number students receive federal education grants persuasively demonstrates part ii opinion conclusion dictated need accord title ix sweep broad language ante reference analogous statutory language legislative history title vi civil rights act ante reliance unique postenactment history title ix ante recognition strong congressional intent substantive difference direct institutional assistance aid received school students ante nn reasons however join part iii opinion interprets language title ix limits application statute education program activity receiving federal moneys conveniently ignoring controlling indicia congressional intent also ignores primary purposes congress enacted title ix result allowing title ix coverage college financial aid program rejecting institutionwide coverage even though federal moneys benefit entire college may superficially pleasing uncomfortable federal intrusion private educational institutions relationship statutory scheme enacted congress twice occasion ascertain precise scope title ix see north board education bell cannon university chicago cases emphasized broad congressional purposes underlying enactment statute cannon holding title ix confers private cause action individual plaintiffs noted primary congressional purpose behind statute avoid use federal resources support discriminatory practices purpose generally served statutory procedure termination federal financial support institutions engaged discriminatory practices north holding employment discrimination within reach title ix expressed doubt give title ix scope origins dictate must accord sweep broad language quoting price although acknowledged agency authority promulgate regulations terminate funds subject limitation explicitly refused define program time reaching question today completely disregards broad remedial purposes title ix consistently controlled prior interpretations civil rights statute moreover careful examination statute legislative history accepted meaning similar statutory language title vi postenactment history title ix demonstrate narrow definition program activity directly contrary congressional intent statute eventually enacted title ix genesis separate proposals considered house senate respectively house special subcommittee education leadership representative edith green held extensive hearings summer discrimination women see hearings special subcommittee education house committee education labor sess hearings time subcommittee considering package legislation included simple amendment adding word sex list discriminations prohibited title vi civil rights act see north supra cannon supra testimony offered hearings however focused evidence pervasive sex discrimination educational institutions therefore surprising version subcommittee proposal eventually passed full house limited application federally assisted education programs activities see cong rec important present purposes however bill retained overall format subcommittee proposal therefore continued incorporate program activity language enforcement provisions title vi senate action began title ix senator bayh first introduced floor amendment comprehensive education legislation considered amendment higher education act reprinted cong rec written senator bayh proposal clearly intended cover entire institution whenever education program activity conducted institution receiving federal moneys particular amendment expressly prohibited discrimination basis sex program activity conducted public institution higher education school department graduate education recipient federal financial assistance education program activity explained sponsor amendment prohibited sex discrimination public institution higher education institution graduate education receiving federal educational financial assistance amendment eventually ruled nongermane senator bayh forced renew efforts next session reintroduced amendment modified conform substantial part version title ix passed house see cong rec change apparently made ensure adoption antidiscrimination provisions conference committee soon convene see remarks pell principal senate manager bill senator bayh knows said earlier intended support position advocated conference house chosen bring amendment senate thus nothing suggest senate retreated underlying premise original amendment proposed senator bayh sex discrimination prohibited educational institution receiving federal financial assistance indeed senator bayh willingness conform language amendment bill already enacted house proved successful title ix approved conference committee see conf pp enacted law sum although contemporaneous legislative history definitively explain intended meaning language included title ix lends support interpretation adopted clear moreover congress intended enforcement title ix mirror policies procedures utilized enforcement title vi title ix patterned title vi civil rights act cannon except substitution word sex title ix replace words race color national origin title vi limitation title ix education programs activities two statutes use identical language describe scope interpretation critical language already existed title vi therefore crucial understanding congressional intent title ix enacted using language without completely canvassing several volumes congressional record believe safe say including programmatic language title vi congress sought allay fears part many legislators one isolated violation statute antidiscrimination provisions result wholesale termination federal funds particular congress primarily concerned two facets termination power possibility noncompliance single school district might lead termination funds entire state possibility discrimination education program might result termination federal assistance unrelated federally financed programs highways comment rev footnotes omitted see see also even accepting uncertainty concerning understanding program activity need overly concerned whatever doubt surrounds precise intent congress crucial ascertaining meaning language included title ix understanding congress time enacted identical language cf cannon supra two principal indicators accepted interpretation language title vi available members congress title ix enacted existing administrative regulations promulgated title vi available judicial decisions already interpreted provisions title vi regulations first issued department health education welfare remaining effect clearer way applied educational institutions see generally cfr pt example explained assurances required among others institutions higher education received federal financial assistance assurances institutions case application federal financial assistance institution higher education including assistance construction research special training project student loan program purpose assurance required section shall extend admission practices practices relating treatment students assurance required respect institution higher education insofar assurance relates institution practices respect admission treatment individuals students opportunity participate provision services benefits individuals shall applicable entire institution unless applicant establishes satisfaction responsible department official institution practices designated parts programs institution way affect practices program institution federal financial assistance sought beneficiaries participants program case assistance sought construction facility part facility assurance shall event extend entire facility facilities operated connection therewith emphasis added research training demonstration grant university activities conducted graduate school discrimination admission treatment students graduate school prohibited prohibition extends entire university unless satisfies responsible department official practices respect parts programs university interfere directly indirectly fulfillment assurance required respect graduate school outstanding decisions led congress believe title vi much narrower scope principal judicial interpretations title vi prior announced appeals fifth circuit school desegregation case example expressly approved department desegregation guidelines noting broad purposes underlying prohibitory section title vi jefferson county board education adopted en banc per curiam legality based general power congress apply reasonable conditions general seems rather anomalous federal government aid abet discrimination basis race color national origin granting money kinds financial aid quoting cong celler another desegregation case noted title vi reasonable condition may attach grant financial assistance may enforce refusal withdrawal federal assistance bossier parish school board lemon significantly went equate local school system program activity receiving federal aid noting school board accepted federal financial assistance november thereby brought school system within class programs subject section prohibition discrimination ibid finally board public instruction finch spoke directly limitation title vi although refused assume defects one part school system automatically infect whole rejected definition term program offered department also noted purpose title vi cutoff best effectuated separate consideration use intended use federal funds grant statute particular although cases time time particular program within state within county within district even within school effectively insulated otherwise unlawful activities termination federal funds proper administered discriminatory manner support program infected discriminatory environment ibid end remanded case department specific findings relationship three types federal grants received school system federal aid education children families supplementary education centers adult education system discriminatory practices short judicial interpretations title vi existing either agreement expansive reach department regulations bossier parish supra jefferson county supra sanctioned termination federal aid funded programs affected discriminatory practices finch supra see also note geo supporting department treatment school district individual program cf lau nichols treating entire school system school district educational program title vi like existing administrative regulations therefore provide strong support view congress intended expansive interpretation language included title ix members congress repeated ly refer red title vi modes enforcement especially justified presuming representatives aware prior interpretation title vi interpretation reflects intent respect title ix cannon supra doubt remains congressional intent underlying language included title ix removed unique postenactment history statute although postenactment developments accorded weight contemporary legislative history remiss ignored authoritative expressions concerning scope purpose title ix north quoting cannon supra see also ante regulations promulgated department implement title ix proposed fed reg finally adopted fed reg included interpretation program specificity consistent view title vi congressional intent behind title ix outlined particular regulations prohibited sex discrimination academic extracurricular research occupational training education program activity operated recipient receives benefits federal financial assistance codified cfr introductory remarks explained basis agency decision itle ix consistent interpretation similar language contained title vi civil rights act therefore education program activity part thereof operated recipient federal financial assistance administered department subject requirements regulation receives benefits assistance interpretation consistent case specifically ruling language contained title vi holds federal funds may terminated title vi upon finding infected discriminatory environment fed quoting finch moreover pursuant general education provisions act amended pub stat regulations submitted congress review explained north supra quoting laying procedure afforded congress opportunity disapprove regulation found inconsistent act derives authority although regulations interpreting limitations title ix explicitly considered houses congress resolutions disapproval passed legislature particular two resolutions invalidate department regulations proposed senate specifically challenging regulations requirements title ix one resolution provided blanket disapproval regulations con res sess premised part view regulations inconsistent enactment apply programs activities receiving federal funds athletics extracurricular activities cong rec remarks helms resolution aimed particularly regulation athletic programs activities receiving direct federal moneys also premised limitations statute see con res sess neither resolution however acted upon referral appropriate committee house extensive hearings held two separate subcommittees committee education labor primary interest six days hearings held subcommittee postsecondary education review department regulations solely see consistent law intent congress enacting law see sex discrimination regulations hearings subcommittee postsecondary education house committee education labor hearings remarks among numerous witnesses testifying programmatic reach department regulations senator bayh chief senate sponsor legislation see supra hew secretary weinberger strongly supported scope regulations consistent intent evidenced congress see hearings statement bayh testimony bayh testimony secretary weinberger letter secretary weinberger specifically focusing legal basis department regulations secretary noted one places look guidance interpretation courts given similar statutes title vi finch case interpreted way programs educational value educational meaning ones covered regardless whether federal funds go specifically programs words federal funds go institution educational programs institution covered throughout activities essentially ruling respect similar language title vi used interpretation title ix students attending institution higher education receiving benefits various federal educational assistance programs institution activities supported tuition payments students said receiving federal financial assistance emphasis original although failure congress disapprove department regulations determinative len weight argument regulations consistent congressional intent north moreover relatively insubstantial interest given resolutions disapproval introduced seems particularly significant since congress proceeded amend title ix disagreed department interpretation statute ibid indeed amendments exempting reach title ix various facilities services educational institutions receive direct federal aid strongly suggest congress understands statute otherwise encompass programs activities conclusion factors relevant interpretation requirements title ix taken individually collectively demonstrates today limits reach title ix way wholly unintended congress contemporaneous legislative history title ix relevant interpretation similar language title vi administrative legislative interpretations title ix since statute original enactment lead conclusion title ix coverage institution higher education appropriate federal moneys received benefit entire institution ii proper application title ix circumstances case demonstrates beyond peradventure unjustifiably limited statute reach grove city college enrolls approximately students utilize basic educational opportunity grants beog pay education college although grant moneys paid directly students properly concludes use federal moneys college means college receives federal financial assistance within meaning title ix also correctly notes principal purpose underlying congressional enactment beog program provide funds benefit colleges universities whole necessarily follows view entire undergraduate institution operated grove city college subject antidiscrimination provisions included title ix determining scope title ix coverage primary focus purposes meant served particular federal funds received institution case congress clearly indicated beog moneys intended benefit college university enrolls students receiving grants repeatedly recognizes legislative history education amendments replete statements evincing congress awareness student assistance programs established amendments significantly aid colleges universities fact one stated purposes student aid provisions provid assistance institutions higher education pub stat ante omitted see also ante title ix contains hint congress perceived substantive difference direct institutional assistance aid received school students ante student aid programs designed assist colleges universities ante history reenactments statutory authorization beog makes clear congress regards beog forms student aid critical source support educational institutions many respects therefore congress views financial aid students particular beog functional equivalent general aid institutions given undeniable clearly stated congressional purpose seem congress intended colleges universities enrolling students receive beog covered entirety antidiscrimination provisions title ix statute primary purpose ensure federal moneys used support discriminatory practices cannon holding contrast grove city college prohibited discriminating basis sex financial aid program free discriminate programs activities operated institution underlying result unstated unsupportable assumption moneys received beog meant utilized college financial aid program undisputed beog moneys paid institution tuition fees used general operating budget utilized support perhaps facilities services together constitute grove city college absurdity decision demonstrated examining practical effect according financial aid program grove city college may discriminate basis sex covered title ix college prohibited discriminating admissions athletic programs even various academic departments thus sanctions practices congress clearly intended example today decision grove city college free segregate male female students classes run mathematics department even though affected students attending college financial assistance provided federal funds anything title ix ever certain discriminatory practices like one described meant prohibited statute moreover offer defensible justification holding first doubt beog administered regular disbursement system rds received entire college financial aid program thus reasons beog administered alternative disbursement system must also received financial aid program premise syllogism however simply begs question presented today decision considerable doubt concerning reach title ix college university administering beog rds indeed extent title ix covers educational institution receiving beog regardless procedural mechanism chosen college disburse student aid argument therefore simply restating question presented case second rejects notion federal funds disbursed beog program received entire institution effectively free college resources use programs activities operated grove city college coverage entire institution receives beog students dependent upon theory instead title ix coverage whole undergraduate institution grove city college premised congressional intent beog moneys provide aid college university whole therefore whatever merit argument may federal moneys intended solely benefit particular aspect educational institution research grant designed assist specific laboratory professor see supra theory simply irrelevant federal financial assistance meant benefit entire institution third contradicts earlier recognition beog different general aid college university claiming tudent financial aid programs sui generis ante although assertion serves limit severely effect holding wholly unexplained especially light forceful evidence congressional intent contrary indeed accurate say financial aid students prototypical method funneling federal aid institutions higher education finally although explicitly offered rationale holding might explained willingness defer government position represented government filed briefs case consistently argued title ix coverage entire undergraduate institution operated grove city college authorized statute see ante latest position adopted government irrespective motivations might underlie recent change therefore entitled little deference cf north deference appropriate consistent administrative interpretation title ix regulations interpretation statutes important title ix subjected easily shifts policy executive branch iii sum language title ix designed ensure reach statute dependent upon scope federal financial assistance provided institution financial assistance clearly intended serve federal aid entire institution institution whole covered statute prohibition sex discrimination interpretation clearly disregards intent congress severely weakens antidiscrimination provisions included title ix therefore join part iii opinion much commend suggestion made justice stevens part iii opinion advisory opinion unnecessary resolution case unsupported factual findings made see ante concurring part concurring result heeded suggestion however feel compelled express view merits issue decided prohibitory section title vi provides person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance reasons explained infra version title ix eventually enacted congress relevant purposes identical provision see ante text title ix also hearings representatives executive branch first raised objections expansive reach proposal considered subcommittee specifically noted witnesses testifying behalf department health education welfare proposed legislation apply institutions traditionally noncoeducational facilities services within institution dormitories physical recreation areas might properly limited one sex see hearings statement peter muirhead associate commissioner higher education see also statement frankie freeman commissioner commission civil rights eliminate alleged overreaching department justice offered legislation recognized time far narrower reach subcommittee proposal nonetheless even limited scope alternative offered administration prohibited discrimination recipient federal financial assistance education program activity covered facilities services educational institutions receive direct educational grants see hearings testimony jerris leonard assistant attorney general civil rights division administration proposal eventually rejected full house favor bill reported representative green subcommittee see also cong rec doubt much whether even one institution higher education today private public receiving federal assistance remarks bayh see cong rec remarks javits remarks eastland remarks gore see remarks pastore remarks pastore remarks ribicoff remarks sens smathers allott remarks humphrey statement dirksen remarks williams another illustration included department title vi regulations referred explicitly federal moneys granted elementary secondary schools area programs construction aid general support operation elementary secondary schools programs limited support schools acquisition equipment provision vocational education provision guidance counseling services discrimination recipient school district elementary secondary schools admission students treatment students aspect educational process prohibited following illustrations prohibition discrimination treatment students includes prohibition discrimination among students availability use academic dormitory eating recreational facilities grantee recipient cfr north concluded word sentence refers education program activity rather recipient even limiting construction however regulations still apply education program activity receives benefits federal assistance event given department interpretation words quoted text limiting construction may unjustified see hew fact sheet accompanying final title ix regulation implementing education amendments june except specific limited exemptions set forth final regulation applies aspects education programs activities school district institution higher education entity receives federal funds programs sponsor second resolution explained basis proposal senate colleagues college athletic department anywhere country receives federal funds intercollegiate athletics provisions regulations thus inconsistent statute impose requirements college programs receiving federal assistance hew attempts surmount obvious inconsistency recourse semantics statute clearly refers programs receiving federal assistance courts established programs fact separable yet hew argues pressed authority includes programs actually receiving federal assistance indirectly benefit assistance well thus according tortious logic college football receives federal assistance may benefit indirectly federally guaranteed student loans unrelated athletics student athlete may use school library whose construction assisted federal funding needless say rather slender reed upon base social policy magnitude cong rec remarks laxalt despite rhetorical flourish congress consistently endorsed department regulation college athletic programs indeed affirmatively required regulations see pub stat secretary shall prepare publish proposed regulations implementing provisions title ix relating prohibition sex discrimination federally assisted education programs shall include respect intercollegiate athletic activities reasonable provisions considering nature particular sports see also brief council collegiate women athletic administrators amicus curiae cf haffer temple university supp ed aff opinion limited college receives tudent financial aid sui generis ante obviously decide whether athletic programs operated colleges receiving forms federal financial assistance within reach title ix cf discussing many forms federal aid received temple university athletic department see also hearings testimony kathy kelly president national student association testimony mink memorandum american law division library congress memorandum center national policy review statement norma raffel head education committee women equity action league testimony bernice sandler director project status education women association american colleges see testimony darrell royal president american football coaches association testimony john fuzak president national collegiate athletic association statement dallin oaks president brigham young university testimony janet kuhn secretary specifically cited quoted bob jones university johnson supp sc affirmance order decision interpreting application title vi college enrolled students receiving veterans educational benefits bob jones offered several reasons justify finding college educational program receiving federal assistance first payments veterans enrolled approved schools serve defray costs educational program schools thereby releasing institutional funds absence federal assistance spent student econd participation veterans availability federal funds enter educational programs approved school benefits school enlarging pool qualified applicants upon draw educational program finally rant programs frequently use institutions conduits federal funds assistance pass ultimate beneficiaries clearly title vi attaches recipient acting capacity altered method payment current statutes federal moneys go directly students change nature program basic role schools participating program nondiscriminatory participation schools essential benefits statutes flow beneficiaries without regard race footnotes omitted also explained coverage college educational program fully consistent congressional purpose underlying title vi see department published proposed regulations title ix congress excepted social fraternities sororities voluntary youth service organizations statute reach pub stat codified see cong rec later congress provided statutory exemptions activities related conferences activities reasonable opportunities exist opposite sex collegiate scholarships awarded beauty pageant winners pub stat codified see cong rec obviously since none activities receive direct federal support amendments superfluous unless title ix otherwise applied activities conducted educational institutions receiving federal funds congressional developments since issuance department regulations resulted amendments statute lend even support broader view title ix department final regulations went effect example senator helms introduced amendments title ix defined education programs activities mean programs activities integral part required curriculum educational institution sess see cong rec action taken bill similarly senator mcclure sponsored amendment define education program activity programs activities curriculum graduation requirements institutions amendment sess see cong rec amendment rejected recorded vote finally congress recently reaffirmed commitment title ix regulations originally issued thereunder particular house passed resolution expressing belief title ix regulations amended altered manner lessen comprehensive coverage statute eliminating gender discrimination throughout american educational system res sess cong rec see see also res sess today decision take another reaffirmation congressional intent form clarifying amendment title ix ensure original legislative longer frustrated believe beog moneys intended congress benefit institutions higher education entirety find unnecessary case decide whether title ix reach targeted federal aid received institution cases may appropriate examine carefully purposes also actual effects federal moneys received although justice stevens properly notes findings fact particular point see ante concurring part concurring result even forced concede obvious see ante true course substantial portions beog received grove city students ultimately find way college general operating budget used provide variety services students funds pass nonetheless ignores concession claiming persuasive evidence congress intended cover entire institution higher education situation explain part ii however evidence congressional intent quite persuasive convincing