S. 1811 — Embracing Anti-Discrimination, Unbiased Curricula, and Advancing Truth in Education Act

This section conditions eligibility for federal funds and other financial assistance—including under any federal program and federally funded or guaranteed student loan programs—on graduate medical schools at institutions of higher education upon the institution's certifications to the Secretary of Education that (1) the school does not and will not direct or compel faculty, staff, or students to express specified tenets on oppression or adverse treatment by sex, race, ethnicity, religion, color, or national origin; deprive students of opportunities based on race, ethnicity, color, or national origin (e.g., through distinctions, privileges, or courses solely on those bases); require courses compelling adoption of those tenets; maintain a diversity, equity, and inclusion (DEI) office or equivalent; or require or incentivize diversity statements as conditions of admission or employment; and (2) the institution will comply with specified civil rights laws, including titles IV and VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975. The section defines DEI office, diversity statement (i.e., statements asserting inherent superiority/inferiority, adverse/advantageous treatment, or collective guilt by race, sex, ethnicity, color, or national origin), and institution of higher education (as defined in section 102 of the Higher Education Act of 1965).

This section adds a new paragraph (9) to the criteria that accrediting agencies or associations must meet for recognition by the Secretary of Education if they have or seek to include the evaluation of graduate medical education within their scope of recognition. Such agencies must demonstrate that they do not require an institution or program to adopt policies or requirements contravening section 124 as a condition of accreditation. (Thus, recognition is conditioned on accreditors not imposing conflicting medical education mandates.)

This section provides rules of construction stating that nothing in this Act or the amendments made by this Act—(1) prohibits a graduate medical school at an institution of higher education from providing instruction about unique medical needs or conditions related to an individual’s sex, race, or other characteristics or from collecting and maintaining demographic data on students solely for informational purposes; (2) in the case of an institution with a religious mission, requires or incentivizes the institution to take any action contrary to the tenets of such religion; or (3) restricts or prohibits—(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); (B) academic instruction at such an institution, except to the extent required under section 124(a)(1)(C) 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.