,,ii #aahth ,,congress #b;d ,session ,s4 #daae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa 7legislative day1 ,april #aj71 #bjbd,mr4 ,kennedy 7for himself and ,mr4 ,schmitt7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to prohibit graduate medical schools from receiving ,federal financial assistance if such schools adopt certain policies and requirements relating to diversity1 equity1 and inclusion4 #a4 ,short title ,this ,act may be cited as the ,embracing anti-,discrimination1 ,unbiased ,curricula1 and ,advancing ,truth in ,education ,act or the ,,educate ,act4 #b4 ,limitation on availability of funds for certain graduate medical schools ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,limitation on availability of funds for certain graduate medical schools 7a7 ,limitation ,notwithstanding any other provision of law1 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 program1 including participation in any federally funded or guaranteed student loan program1 unless the institution certifies to the ,secretary that the institution does not1 and will not1 do any of the following3 7#a7 ,direct1 compel1 or incentivize students1 faculty1 or staff of the medical school to personally state1 pledge1 recite1 affirm1 or otherwise adopt any of the following tenets3 7,a7 ,that any sex1 race1 ethnicity1 religion1 color1 or national origin makes an individual a member of oppressed or oppressor categories4 7,b7 ,that individuals should be adversely treated on the basis of their sex1 race1 ethnicity1 religion1 color1 or national origin4 7,c7 ,that individuals1 by virtue of sex1 race1 ethnicity1 religion1 color1 or national origin1 are inherently responsible for actions committed in the past by other members of the same sex1 race1 ethnicity1 religion1 color1 or national origin4 7,d7 ,that the ,united ,states is systemically1 structurally1 or institutionally racist1 or that racism is weaved into the ordinary business of society1 or that the ,united ,states is an oppressive nation4 7#b7 ,take any action that would deprive or tend to deprive a medical student of educational opportunities or otherwise adversely affect their status as a student1 on the basis of race1 color1 or ethnicity1 including-- 7,a7 making a distinction or classification of medical school students on the basis of race1 color1 or ethnicity2 7,b7 establishing a privilege or benefit for students solely on the basis of race1 color1 or ethnicity2 7,c7 providing a course of instruction for students solely on the basis of race1 color1 or ethnicity2 or 7,d7 otherwise distinguishing students by race1 color1 or ethnicity4 7#c7 ,require a course of instruction or unit of study at the medical school directing or otherwise compelling students1 faculty1 or staff to personally state1 pledge1 recite1 affirm1 or otherwise adopt any of the tenets specified in paragraph 7#a74 7#d7 ,establish1 maintain1 or contract with a diversity1 equity1 and inclusion office1 or any other functional equivalent of such an office1 to serve the medical school4 7#e7 ,require or incentivize an individual to complete a diversity statement professing or adhering to diversity1 equity1 and inclusion as a condition of1 or benefit in1 admission or employment at such school4 7b7 ,definitions ,in this section3 7#a7 ,diversity1 equity1 and inclusion office ,the term diversity1 equity1 and inclusion office means any component of an institution of higher education1 including any division1 unit1 or center of such an institution1 that is responsible for compelling individuals to state1 pledge1 recite1 affirm1 or otherwise adopt ideas that are in violation of title ,,iv or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;c et seq42 #bjjj;d et seq471 including the following3 7,a7 ,that individuals of any race1 sex1 ethnicity1 color1 or national origin are inherently members of an oppressed or oppressor category4 7,b7 ,that individuals should be adversely or advantageously treated on the basis of their race1 sex1 ethnicity1 color1 or national origin4 7,c7 ,that individuals1 by virtue of race1 sex1 ethnicity1 color1 or national origin1 bear collective guilt and are inherently responsible for actions committed in the past or present by other members of the same race1 ethnicity1 color1 or national origin4 7#b7 ,diversity statement ,the term diversity statement means any written or oral statement that-- 7,a7 discusses the immutable characteristics1 including race1 sex1 color1 ethnicity1 or country of origin of any applicant for enrollment1 admission1 employment1 or advancement at an institution of higher education2 7,b7 affirms that individuals of any race1 sex1 ethnicity1 color1 or national origin are inherently superior or inferior2 7,c7 affirms that individuals should be adversely or advantageously treated on the basis of their race1 sex1 ethnicity1 color1 or national origin2 or 7,d7 affirms that individuals1 by virtue of race1 sex1 ethnicity1 color1 or national origin1 bear collective guilt and are inherently responsible for actions committed in the past by other members of the same race1 ethnicity1 color1 or national origin4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb4 4 #c4 ,conforming requirements for accrediting agencies and associations ,section #dif7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77 is amended-- 7#a7 in paragraph 7#g71 by striking and at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 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 education1 such agency or association shall1 in addition to meeting the other requirements of this subpart1 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 #abd as a condition of receiving accreditation from the agency or association4 4 #d4 ,rules of construction ,nothing in this ,act or the amendments made by this ,act shall be construed-- 7#a7 to prohibit a graduate medical school at an institution of higher education from-- 7,a7 providing instruction about unique medical needs or conditions that may be related to an individual's sex1 race1 or other characteristics2 or 7,b7 collecting and maintaining demographic data on students solely for informational purposes2 7#b7 in the case of an institution with a religious mission1 to require or incentivize the institution to take any action that is contrary to the tenets of such religion2 or 7#c7 to restrict or prohibit-- 7,a7 the exercise of ,first ,amendment rights by anyone lawfully present on the grounds of an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb772 7,b7 academic instruction at such an institution1 except to the extent required under paragraphs 7#b77;,c7 and 7#c7 of section #abd7;a7 of the ,higher ,education ,act of #aife 7as added by section #b72 7,c7 research operations at such an institution2 7,d7 the operations of student organizations at such an institution2 7,e7 the invitation of lecturers and other guest speakers to such an institution2 or 7,f7 the ability of an institution to comply with ,federal and ,state anti-discrimination laws4 #e4 ,severability ,if any provision of this ,act or an amendment made by this ,act is held invalid1 the remainder of this ,act and the amendments made by this ,act shall not be affected thereby4