[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4115 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4115

To amend the Higher Education Act of 1965 to prohibit graduate medical 
  schools from receiving Federal financial assistance if such schools 
adopt certain policies and requirements relating to diversity, equity, 
                             and inclusion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 11 (legislative day, April 10), 2024

  Mr. Kennedy (for himself and Mr. Schmitt) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to prohibit graduate medical 
  schools from receiving Federal financial assistance if such schools 
adopt certain policies and requirements relating to diversity, equity, 
                             and inclusion.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Embracing anti-Discrimination, 
Unbiased Curricula, and Advancing Truth in Education Act'' or the 
``EDUCATE Act''.

SEC. 2. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN GRADUATE 
              MEDICAL SCHOOLS.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is amended by adding at the end the following:

``SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN GRADUATE 
              MEDICAL SCHOOLS.

    ``(a) Limitation.--Notwithstanding any other provision of law, no 
graduate medical school at an institution of higher education shall be 
eligible to receive funds or any other form of financial assistance 
under any Federal program, including participation in any federally 
funded or guaranteed student loan program, unless the institution 
certifies to the Secretary that the institution does not, and will not, 
do any of the following:
            ``(1) Direct, compel, or incentivize students, faculty, or 
        staff of the medical school to personally state, pledge, 
        recite, affirm, or otherwise adopt any of the following tenets:
                    ``(A) That any sex, race, ethnicity, religion, 
                color, or national origin makes an individual a member 
                of oppressed or oppressor categories.
                    ``(B) That individuals should be adversely treated 
                on the basis of their sex, race, ethnicity, religion, 
                color, or national origin.
                    ``(C) That individuals, by virtue of sex, race, 
                ethnicity, religion, color, or national origin, are 
                inherently responsible for actions committed in the 
                past by other members of the same sex, race, ethnicity, 
                religion, color, or national origin.
                    ``(D) That the United States is systemically, 
                structurally, or institutionally racist, or that racism 
                is weaved into the `ordinary business of society', or 
                that the United States is an oppressive nation.
            ``(2) Take any action that would deprive or tend to deprive 
        a medical student of educational opportunities or otherwise 
        adversely affect their status as a student, on the basis of 
        race, color, or ethnicity, including--
                    ``(A) making a distinction or classification of 
                medical school students on the basis of race, color, or 
                ethnicity;
                    ``(B) establishing a privilege or benefit for 
                students solely on the basis of race, color, or 
                ethnicity;
                    ``(C) providing a course of instruction for 
                students solely on the basis of race, color, or 
                ethnicity; or
                    ``(D) otherwise distinguishing students by race, 
                color, or ethnicity.
            ``(3) Require a course of instruction or unit of study at 
        the medical school directing or otherwise compelling students, 
        faculty, or staff to personally state, pledge, recite, affirm, 
        or otherwise adopt any of the tenets specified in paragraph 
        (1).
            ``(4) Establish, maintain, or contract with a diversity, 
        equity, and inclusion office, or any other functional 
        equivalent of such an office, to serve the medical school.
            ``(5) Require or incentivize an individual to complete a 
        diversity statement professing or adhering to diversity, 
        equity, and inclusion as a condition of, or benefit in, 
        admission or employment at such school.
    ``(b) Definitions.--In this section:
            ``(1) Diversity, equity, and inclusion office.--The term 
        `diversity, equity, and inclusion office' means any component 
        of an institution of higher education, including any division, 
        unit, or center of such an institution, that is responsible for 
        compelling individuals to state, pledge, recite, affirm, or 
        otherwise adopt ideas that are in violation of title IV or 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et 
        seq.; 2000d et seq.), including the following:
                    ``(A) That individuals of any race, sex, ethnicity, 
                color, or national origin are inherently members of an 
                oppressed or oppressor category.
                    ``(B) That individuals should be adversely or 
                advantageously treated on the basis of their race, sex, 
                ethnicity, color, or national origin.
                    ``(C) That individuals, by virtue of race, sex, 
                ethnicity, color, or national origin, bear collective 
                guilt and are inherently responsible for actions 
                committed in the past or present by other members of 
                the same race, ethnicity, color, or national origin.
            ``(2) Diversity statement.--The term `diversity statement' 
        means any written or oral statement that--
                    ``(A) discusses the immutable characteristics, 
                including race, sex, color, ethnicity, or country of 
                origin of any applicant for enrollment, admission, 
                employment, or advancement at an institution of higher 
                education;
                    ``(B) affirms that individuals of any race, sex, 
                ethnicity, color, or national origin are inherently 
                superior or inferior;
                    ``(C) affirms that individuals should be adversely 
                or advantageously treated on the basis of their race, 
                sex, ethnicity, color, or national origin; or
                    ``(D) affirms that individuals, by virtue of race, 
                sex, ethnicity, color, or national origin, bear 
                collective guilt and are inherently responsible for 
                actions committed in the past by other members of the 
                same race, ethnicity, color, or national origin.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 102.''.

SEC. 3. CONFORMING REQUIREMENTS FOR ACCREDITING AGENCIES AND 
              ASSOCIATIONS.

    Section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 
1099b(a)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) if such agency or association has or seeks to include 
        within its scope of recognition the evaluation of the quality 
        of institutions or programs offering graduate medical 
        education, such agency or association shall, in addition to 
        meeting the other requirements of this subpart, demonstrate to 
        the Secretary that the agency or association does not require 
        an institution or program to adopt any policies or other 
        requirements in contravention of section 124 as a condition of 
        receiving accreditation from the agency or association.''.

SEC. 4. RULES OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed--
            (1) to prohibit a graduate medical school at an institution 
        of higher education from--
                    (A) providing instruction about unique medical 
                needs or conditions that may be related to an 
                individual's sex, race, or other characteristics; or
                    (B) collecting and maintaining demographic data on 
                students solely for informational purposes;
            (2) in the case of an institution with a religious mission, 
        to require or incentivize the institution to take any action 
        that is contrary to the tenets of such religion; or
            (3) to restrict or prohibit--
                    (A) the exercise of First Amendment rights by 
                anyone lawfully present on the grounds of an 
                institution of higher education (as defined in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002));
                    (B) academic instruction at such an institution, 
                except to the extent required under paragraphs (2)(C) 
                and (3) of section 124(a) of the Higher Education Act 
                of 1965 (as added by section 2);
                    (C) research operations at such an institution;
                    (D) the operations of student organizations at such 
                an institution;
                    (E) the invitation of lecturers and other guest 
                speakers to such an institution; or
                    (F) the ability of an institution to comply with 
                Federal and State anti-discrimination laws.

SEC. 5. SEVERABILITY.

    If any provision of this Act or an amendment made by this Act is 
held invalid, the remainder of this Act and the amendments made by this 
Act shall not be affected thereby.
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