‘‘(C) affirms that individuals should be ad-
versely 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 respon-
sible 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. 2. 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 evalua-
tion of the quality of institutions or programs offer-
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ing graduate medical education, such agency or as-
sociation shall, in addition to meeting the other re-
quirements of this subpart, demonstrate to the Sec-
retary that the agency or association does not re-
quire 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. 3. 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 character-
istics; or 
(B) collecting and maintaining demo-
graphic data on students solely for informa-
tional 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— 
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(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 Edu-
cation Act of 1965 (20 U.S.C. 1002)); 
(B) academic instruction at such an insti-
tution, 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 institu-
tion; 
(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. 4. 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. 
Æ 
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