; and (2) make the report publicly available. 9. Rule of construction Nothing in this Act shall be construed to imply that intercollegiate athletic associations, State athletic associations, covered institutions of higher education, or covered local educational agencies— (1) are not covered by title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (2) were not covered by that title on the day before the date of enactment of this Act.