[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7725 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7725
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 HOUSE OF REPRESENTATIVES
March 19, 2024
Mr. Murphy (for himself, Mr. Bilirakis, Mr. Norman, Mr. Wenstrup, Ms.
Van Duyne, Mr. Harris, Mr. Babin, Mrs. Harshbarger, Mr. Jackson of
Texas, Mr. Brecheen, Mr. Self, Ms. Greene of Georgia, Ms. Tenney, Mr.
Allen, Mr. Smith of New Jersey, Mr. Wilson of South Carolina, Mr.
LaMalfa, Mr. McCormick, Mr. Austin Scott of Georgia, Mr. Fitzgerald,
Mr. Rouzer, Mr. Lamborn, Mr. Grothman, Mr. Williams of New York, Mr.
Van Drew, Mr. Edwards, Mr. Kelly of Pennsylvania, Mr. Arrington, Mr.
Timmons, Mr. Bishop of North Carolina, Mr. Bentz, Mr. DesJarlais, Mr.
Van Orden, Mrs. Miller-Meeks, Mr. Hern, and Mr. Scott Franklin of
Florida) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
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. 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 America is systemically, structurally,
or institutionally racist, or that racism is weaved
into the `ordinary business of society', or that
America 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 distinguising 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. 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 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. 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 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. 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.
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