S.Amdt. 6412

SA 6412. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. __. ENCOURAGING MORE EQUITABLE TREATMENT OF OSTEOPATHIC
AND ALLOPATHIC CANDIDATES IN RESIDENCY
APPLICATION AND REVIEW PROCESS.

(a) Short Title.--This section may be cited as ``Fair
Access In Residency Act of 2026'' or the ``FAIR Act of
2026''.
(b) In General.--Section 1886(d)(5)(B) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (i), by inserting at the end the following
new sentence: ``For discharges occurring on or after October
1, 2027, the amount determined under the previous sentence
for a hospital shall be reduced by 2 percent for each prior
fiscal year (beginning with fiscal year 2026) for which the
hospital has not submitted to the Secretary the information
described in subclause (xiv).''; and
(2) by adding at the end the following new clause:
``(xiv) For purposes of clause (i), the information
described in this clause is, with respect to a hospital and a
fiscal year, the following:
``(I) The number of applicants for residency in each of the
hospital's approved medical residency training programs
beginning in such fiscal year--
``(aa) from osteopathic medical schools; and
``(bb) from allopathic medical schools.
``(II) The number of such applicants accepted into each
such program beginning in such fiscal year from each such
type of medical school.
``(III) An affirmation that--
``(aa) the policy of the hospital is to consider for
acceptance to each such program applicants from both
osteopathic and allopathic medical schools; and
``(bb) in the case that the hospital requires applicants to
submit an examination score as a prerequisite for acceptance
in such a program, the hospital accepts scores from, at the
election of the applicant, either the Comprehensive
Osteopathic Medical Licensing Examination of the United
States or the United States Medical Licensing Examination.''.
(c) Publication.--The Secretary of Health and Human
Services shall publish on a public website the information
described in subclauses (I) and (II) of section
1886(d)(5)(B)(xiv) of the Social Security Act, as added by
subsection (b), and the affirmation described in subclause
(III) of such section, that is submitted by a hospital with
respect to an approved medical residency training program (as
defined in section 1886(h)(5)(A) of the Social Security Act
(42 U.S.C. 1395ww(h)(5)(A))) for each fiscal year (beginning
with fiscal year 2026).
(d) Rule of Construction.--Nothing in this Act shall be
construed as federalizing medical education, or as
establishing a mandate for an approved medical residency
training program (as defined in section 1886(h)(5)(A) of the
Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) to accept
students (or to accept a certain number of students) from
osteopathic or allopathic medical schools.
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