US (United States) Code. Title 20. Chapter 38: Discrimination based on sex or blindness

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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publicidad

-CITE-

20 USC CHAPTER 38 - DISCRIMINATION BASED ON SEX OR

BLINDNESS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

.

-HEAD-

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-MISC1-

Sec.

1681. Sex.

(a) Prohibition against discrimination; exceptions.

(b) Preferential or disparate treatment because of

imbalance in participation or receipt of

Federal benefits; statistical evidence of

imbalance.

(c) ''Educational institution'' defined.

1682. Federal administrative enforcement; report to Congressional

committees.

1683. Judicial review.

1684. Blindness or visual impairment; prohibition against

discrimination.

1685. Authority under other laws unaffected.

1686. Interpretation with respect to living facilities.

1687. Interpretation of ''program or activity''.

1688. Neutrality with respect to abortion.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1066c, 1221, 1231e,

7221i, 7283, 7283a, 7283b, 7283d, 7914 of this title; title 29

sections 206, 2938; title 42 sections 290cc-33, 300w-7, 300x-57,

708, 1760, 1988, 2000d-7, 5057, 10406, 12635.

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20 USC Sec. 1681 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1681. Sex

-STATUTE-

(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be

excluded from participation in, be denied the benefits of, or be

subjected to discrimination under any education program or activity

receiving Federal financial assistance, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this

section shall apply only to institutions of vocational education,

professional education, and graduate higher education, and to

public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in

admissions

in regard to admissions to educational institutions, this

section shall not apply (A) for one year from June 23, 1972, nor

for six years after June 23, 1972, in the case of an educational

institution which has begun the process of changing from being an

institution which admits only students of one sex to being an

institution which admits students of both sexes, but only if it

is carrying out a plan for such a change which is approved by the

Secretary of Education or (B) for seven years from the date an

educational institution begins the process of changing from being

an institution which admits only students of only one sex to

being an institution which admits students of both sexes, but

only if it is carrying out a plan for such a change which is

approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with

contrary religious tenets

this section shall not apply to an educational institution

which is controlled by a religious organization if the

application of this subsection would not be consistent with the

religious tenets of such organization;

(4) Educational institutions training individuals for military

services or merchant marine

this section shall not apply to an educational institution

whose primary purpose is the training of individuals for the

military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and

continuing admissions policy

in regard to admissions this section shall not apply to any

public institution of undergraduate higher education which is an

institution that traditionally and continually from its

establishment has had a policy of admitting only students of one

sex;

(6) Social fraternities or sororities; voluntary youth service

organizations

this section shall not apply to membership practices -

(A) of a social fraternity or social sorority which is exempt

from taxation under section 501(a) of title 26, the active

membership of which consists primarily of students in

attendance at an institution of higher education, or

(B) of the Young Men's Christian Association, Young Women's

Christian Association, Girl Scouts, Boy Scouts, Camp Fire

Girls, and voluntary youth service organizations which are so

exempt, the membership of which has traditionally been limited

to persons of one sex and principally to persons of less than

nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to -

(A) any program or activity of the American Legion undertaken

in connection with the organization or operation of any Boys

State conference, Boys Nation conference, Girls State

conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or

educational institution specifically for -

(i) the promotion of any Boys State conference, Boys Nation

conference, Girls State conference, or Girls Nation

conference; or

(ii) the selection of students to attend any such

conference;

(8) Father-son or mother-daughter activities at educational

institutions

this section shall not preclude father-son or mother-daughter

activities at an educational institution, but if such activities

are provided for students of one sex, opportunities for

reasonably comparable activities shall be provided for students

of the other sex; and

(9) Institution of higher education scholarship awards in

''beauty'' pageants

this section shall not apply with respect to any scholarship or

other financial assistance awarded by an institution of higher

education to any individual because such individual has received

such award in any pageant in which the attainment of such award

is based upon a combination of factors related to the personal

appearance, poise, and talent of such individual and in which

participation is limited to individuals of one sex only, so long

as such pageant is in compliance with other nondiscrimination

provisions of Federal law.

(b) Preferential or disparate treatment because of imbalance in

participation or receipt of Federal benefits; statistical

evidence of imbalance

Nothing contained in subsection (a) of this section shall be

interpreted to require any educational institution to grant

preferential or disparate treatment to the members of one sex on

account of an imbalance which may exist with respect to the total

number or percentage of persons of that sex participating in or

receiving the benefits of any federally supported program or

activity, in comparison with the total number or percentage of

persons of that sex in any community, State, section, or other

area: Provided, That this subsection shall not be construed to

prevent the consideration in any hearing or proceeding under this

chapter of statistical evidence tending to show that such an

imbalance exists with respect to the participation in, or receipt

of the benefits of, any such program or activity by the members of

one sex.

(c) ''Educational institution'' defined

For purposes of this chapter an educational institution means any

public or private preschool, elementary, or secondary school, or

any institution of vocational, professional, or higher education,

except that in the case of an educational institution composed of

more than one school, college, or department which are

administratively separate units, such term means each such school,

college, or department.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373;

Pub. L. 93-568, Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L.

94-482, title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub.

L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17,

1979, 93 Stat. 677, 692; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (c), 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 below and Tables.

-MISC2-

AMENDMENTS

1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which

for purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted ''this''

for ''This'' in par. (6) and added pars. (7) to (9).

1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 412(b) of Pub. L. 94-482 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect

upon the date of enactment of this Act (Oct. 12, 1976).''

EFFECTIVE DATE OF 1974 AMENDMENT

Section 3(b) of Pub. L. 93-568 provided that: ''The provisions of

the amendment made by subsection (a) (amending this section) shall

be effective on, and retroactive to, July 1, 1972.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided

that: ''This Act (enacting sections 1687 and 1688 of this title and

section 2000d-4a of Title 42, The Public Health and Welfare,

amending sections 706 and 794 of Title 29, Labor, and section 6107

of Title 42, and enacting provisions set out as notes under

sections 1687 and 1688 of this title) may be cited as the 'Civil

Rights Restoration Act of 1987'.''

SHORT TITLE

Pub. L. 107-255, Oct. 29, 2002, 116 Stat. 1734, provided ''That

title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et

seq.; Public Law 92-318) (title IX of Pub. L. 92-318, enacting this

chapter and amending 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) may be cited as the 'Patsy Takemoto Mink

Equal Opportunity in Education Act'.''

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary'' substituted for ''Commissioner'' in subsec. (a)(2)

pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are

classified to sections 3441(a)(1) and 3507 of this title and which

transferred functions of Commissioner of Education to Secretary of

Education.

-MISC5-

COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS

For provisions relating to the coordination of implementation and

enforcement of the provisions of this chapter by the Attorney

General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2, 1980,

45 F.R. 72995, set out under section 2000d-1 of Title 42, The

Public Health and Welfare.

REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC

ACTIVITIES

Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat.

612, directed Secretary to prepare and publish, not more than 30

days after Aug. 21, 1974, proposed regulations implementing the

provisions of this chapter regarding prohibition of sex

discrimination in federally assisted programs, including reasonable

regulations for intercollegiate athletic activities considering the

nature of the particular sports.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1682, 1687 of this title.

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20 USC Sec. 1682 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1682. Federal administrative enforcement; report to

Congressional committees

-STATUTE-

Each Federal department and agency which is empowered to extend

Federal financial assistance to any education program or activity,

by way of grant, loan, or contract other than a contract of

insurance or guaranty, is authorized and directed to effectuate the

provisions of section 1681 of this title with respect to such

program or activity by issuing rules, regulations, or orders of

general applicability which shall be consistent with achievement of

the objectives of the statute authorizing the financial assistance

in connection with which the action is taken. No such rule,

regulation, or order shall become effective unless and until

approved by the President. Compliance with any requirement adopted

pursuant to this section may be effected (1) by the termination of

or refusal to grant or to continue assistance under such program or

activity to any recipient as to whom there has been an express

finding on the record, after opportunity for hearing, of a failure

to comply with such requirement, but such termination or refusal

shall be limited to the particular political entity, or part

thereof, or other recipient as to whom such a finding has been

made, and shall be limited in its effect to the particular program,

or part thereof, in which such noncompliance has been so found, or

(2) by any other means authorized by law: Provided, however, That

no such action shall be taken until the department or agency

concerned has advised the appropriate person or persons of the

failure to comply with the requirement and has determined that

compliance cannot be secured by voluntary means. In the case of

any action terminating, or refusing to grant or continue,

assistance because of failure to comply with a requirement imposed

pursuant to this section, the head of the Federal department or

agency shall file with the committees of the House and Senate

having legislative jurisdiction over the program or activity

involved a full written report of the circumstances and the grounds

for such action. No such action shall become effective until

thirty days have elapsed after the filing of such report.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 902, June 23, 1972, 86 Stat. 374.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President relating to approval of rules,

regulations, and orders of general applicability under this

section, delegated to Attorney General, see section 1-102 of Ex.

Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out under section

2000d-1 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1683 of this title.

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20 USC Sec. 1683 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1683. Judicial review

-STATUTE-

Any department or agency action taken pursuant to section 1682 of

this title shall be subject to such judicial review as may

otherwise be provided by law for similar action taken by such

department or agency on other grounds. In the case of action, not

otherwise subject to judicial review, terminating or refusing to

grant or to continue financial assistance upon a finding of failure

to comply with any requirement imposed pursuant to section 1682 of

this title, any person aggrieved (including any State or political

subdivision thereof and any agency of either) may obtain judicial

review of such action in accordance with chapter 7 of title 5, and

such action shall not be deemed committed to unreviewable agency

discretion within the meaning of section 701 of that title.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 903, June 23, 1972, 86 Stat. 374.)

-COD-

CODIFICATION

''Section 1682 of this title'', where first appearing,

substituted in text for ''section 1002'' as conforming to intent of

Congress as Pub. L. 92-318 was enacted without any section 1002 and

subsequent text refers to ''section 902'', which is classified to

section 1682 of this title.

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20 USC Sec. 1684 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1684. Blindness or visual impairment; prohibition against

discrimination

-STATUTE-

No person in the United States shall, on the ground of blindness

or severely impaired vision, be denied admission in any course of

study by a recipient of Federal financial assistance for any

education program or activity, but nothing herein shall be

construed to require any such institution to provide any special

services to such person because of his blindness or visual

impairment.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 904, June 23, 1972, 86 Stat. 375.)

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20 USC Sec. 1685 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1685. Authority under other laws unaffected

-STATUTE-

Nothing in this chapter shall add to or detract from any existing

authority with respect to any program or activity under which

Federal financial assistance is extended by way of a contract of

insurance or guaranty.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 905, June 23, 1972, 86 Stat. 375.)

-REFTEXT-

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.

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20 USC Sec. 1686 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1686. Interpretation with respect to living facilities

-STATUTE-

Notwithstanding anything to the contrary contained in this

chapter, nothing contained herein shall be construed to prohibit

any educational institution receiving funds under this Act, from

maintaining separate living facilities for the different sexes.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 907, June 23, 1972, 86 Stat. 375.)

-REFTEXT-

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.

This Act, referred to in text, is Pub. L. 92-318, June 23, 1972,

86 Stat. 235, as amended, known as the Education Amendments 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.

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20 USC Sec. 1687 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1687. Interpretation of ''program or activity''

-STATUTE-

For the purposes of this chapter, the term ''program or

activity'' and ''program'' mean all of the operations of -

(1)(A) a department, agency, special purpose district, or other

instrumentality of a State or of a local government; or

(B) the entity of such State or local government that

distributes such assistance and each such department or agency

(and each other State or local government entity) to which the

assistance is extended, in the case of assistance to a State or

local government;

(2)(A) a college, university, or other postsecondary

institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 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 corporation,

partnership, private organization, or sole proprietorship as a

whole; or

(ii) which is principally engaged in the business of

providing education, health care, housing, social services, or

parks and recreation; or

(B) the entire plant or other comparable, geographically

separate facility to which Federal financial assistance is

extended, in the case of any other corporation, partnership,

private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the

entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except

that such term does not include any operation of an entity which is

controlled by a religious organization if the application of

section 1681 of this title to such operation would not be

consistent with the religious tenets of such organization.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259, Sec.

3(a), Mar. 22, 1988, 102 Stat. 28; amended Pub. L. 103-382, title

III, Sec. 391(g), Oct. 20, 1994, 108 Stat. 4023; Pub. L. 107-110,

title X, Sec. 1076(j), Jan. 8, 2002, 115 Stat. 2091.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

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)''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

FINDINGS OF CONGRESS

Section 2 of Pub. L. 100-259 provided that: ''The Congress finds

that -

''(1) certain aspects of recent decisions and opinions of the

Supreme Court have unduly narrowed or cast doubt upon the broad

application of title IX of the Education Amendments of 1972 (20

U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42

U.S.C. 6101 et seq.), and title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d et seq.); and

''(2) legislative action is necessary to restore the prior

consistent and long-standing executive branch interpretation and

broad, institution-wide application of those laws as previously

administered.''

CONSTRUCTION

Section 7 of Pub. L. 100-259 provided that: ''Nothing in the

amendments made by this Act (see Short Title of 1988 Amendment note

under section 1681 of this title) shall be construed to extend the

application of the Acts so amended (Education Amendments of 1972,

Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a

note under section 1001 of this title, Rehabilitation Act of 1973,

29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C.

6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et

seq.) to ultimate beneficiaries of Federal financial assistance

excluded from coverage before the enactment of this Act (Mar. 22,

1988).''

ABORTION NEUTRALITY

This section not to be construed to force or require any

individual or hospital or any other institution, program, or

activity receiving Federal funds to perform or pay for an abortion,

see section 8 of Pub. L. 100-259, set out as a note under section

1688 of this title.

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20 USC Sec. 1688 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

-HEAD-

Sec. 1688. Neutrality with respect to abortion

-STATUTE-

Nothing in this chapter shall be construed to require or prohibit

any person, or public or private 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.

-SOURCE-

(Pub. L. 92-318, title IX, Sec. 909, as added Pub. L. 100-259, Sec.

3(b), Mar. 22, 1988, 102 Stat. 29.)

-REFTEXT-

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.

-MISC2-

CONSTRUCTION

This section not to be construed to extend application of

Education Amendments of 1972, Pub. L. 92-318, to ultimate

beneficiaries of Federal financial assistance excluded from

coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259,

set out as a note under section 1687 of this title.

ABORTION NEUTRALITY

Section 8 of Pub. L. 100-259 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 Federal Funds (sic) to

perform or pay for an abortion.''

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