Lane v. Pe–a, 518 U.S. 187, 9 (1996)

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Cite as: 518 U. S. 187 (1996)

Opinion of the Court

of our resolution of the broader sovereign immunity question. Reply Brief for Petitioner 8-9. We disagree. The Department of Transportation, whatever its other activities, is not a "Federal provider" of financial assistance with respect to the Merchant Marine Academy, which the Department itself administers through the Maritime Administration. At oral argument, Lane's counsel effectively conceded as much. See Tr. of Oral Arg. 7 (acknowledging that the Department of Transportation is not a federal provider with respect to the Academy "because of this Court's decision in [Department of Transp. v. Paralyzed Veterans of America, 477 U. S. 597, 612 (1986)], which indicates that funds that are actually provided to an entity that the Federal Government manages itself, which is what DOT does here . . . for the Merchant Marine Academy," do not render the agency a "Federal provider"). Lane argues that § 505(a)(2)'s reference to "Federal provider[s]" is not limited by the text of the provision itself to the funding activities of those providers, but instead reaches "any act" of an agency that serves as a "Federal provider" in any context. Reply Brief for Petitioner 9, and n. 11. In light of our established practice of construing waivers of sovereign immunity narrowly in favor of the sovereign, however, we decline Lane's invitation to read the statutory language so broadly.

Lane next encourages us to look not only at the language of the liability and remedies provisions but at the larger statutory scheme, from which he would discern congressional intent to "level the playing field" by subjecting the Federal Government to the same remedies as any and all other § 504(a) defendants. A statutory scheme that would subject the Federal Government to awards of injunctive relief, attorney's fees, and monetary damages when it acts as a "Federal provider," but would not subject it to monetary damages awards when, and only when, a federal Executive agency itself commits a violation of § 504(a), Lane posits, is so illogi-

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