[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3388-S3389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6216. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. EDUCATE ACT.
(a) Short Title.--This section may be cited as the
``Embracing anti-Discrimination, Unbiased Curricula, and
Advancing Truth in Education Act'' or the ``EDUCATE Act''.
(b) 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
[[Page S3389]]
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.''.
(c) 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.''.
(d) Rules of Construction.--Nothing in this section or the
amendments made by this section 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.
(e) Severability.--If any provision of this section or an
amendment made by this section is held invalid, the remainder
of this section and the amendments made by this section shall
not be affected thereby.
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