II 118th CONGRESS 2d Session S. 4115 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.

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 . 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: 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. . 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. . 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. 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.