[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3235 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3235
To restrict executive agencies from acting in contravention of
Executive Order 13950.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2021
Mr. Owens (for himself, Mr. Banks, Mr. Allen, Mr. Babin, Mr. Bishop of
North Carolina, Mrs. Boebert, Mr. Brooks, Mr. Buck, Mr. Cawthorn, Mr.
Cloud, Mr. Donalds, Mr. Good of Virginia, Mr. Fallon, Mr. Green of
Tennessee, Mr. Grothman, Mrs. Harshbarger, Mr. Issa, Mr. Jackson, Mr.
Jacobs of New York, Mr. Joyce of Pennsylvania, Mr. Kelly of
Pennsylvania, Mr. Mast, Mr. Moolenaar, Mr. Perry, Mr. Reschenthaler,
Mr. Rice of South Carolina, Mr. Rouzer, Mr. Roy, Mr. Austin Scott of
Georgia, Mr. Stewart, and Mr. Tiffany) introduced the following bill;
which was referred to the Committee on Oversight and Reform, and in
addition to the Committees on Education and Labor, and Armed Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To restrict executive agencies from acting in contravention of
Executive Order 13950.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON EXECUTIVE AGENCIES ACTING IN CONTRAVENTION OF
EXECUTIVE ORDER 13950.
(a) Findings.--Congress finds the following:
(1) On September 22, 2020, President Trump issued Executive
Order (EO) 13950 ``Combating Race and Sex Stereotyping''.
(2) EO 13950 was designed ``to promote economy and
efficiency in Federal contracting, to promote unity in the
Federal workforce, and to combat offensive and anti-American
race and sex stereotyping and scapegoating''.
(3) Specifically EO 13950, among other things, prohibited
Federal agencies from teaching, advocating, acting upon, or
promoting in any training to agency employees certain divisive
concepts, such as those that hold ``(1) one race or sex is
inherently superior to another race or sex; (2) the United
States is fundamentally racist or sexist; (3) an individual, by
virtue of his or her race or sex, is inherently racist, sexist,
or oppressive, whether consciously or unconsciously; (4) an
individual should be discriminated against or receive adverse
treatment solely or partly because of his or her race or sex;
(5) members of one race or sex cannot and should not attempt to
treat others without respect to race or sex; (6) an
individual's moral character is necessarily determined by his
or her race or sex; (7) an individual, by virtue of his or her
race or sex, bears responsibility for actions committed in the
past by other members of the same race or sex; (8) any
individual should feel discomfort, guilt, anguish, or any other
form of psychological distress on account of his or her race or
sex; or (9) meritocracy or traits such as a hard work ethic are
racist or sexist, or were created by a particular race to
oppress another race''.
(4) EO 13950 further required that diversity and inclusion
efforts of Federal agencies must ``first and foremost,
encourage agency employees not to judge each other by their
color, race, ethnicity, sex, or any other characteristic
protected by Federal law''.
(5) EO 13950 was issued soon after Office of Management and
Budget Director Russell Vought issued a September 4, 2020,
memorandum wherein he explained--
(A) millions of taxpayer dollars have been spent on
training Federal Government workers to ``believe
divisive, anti-American propaganda'';
(B) training sessions that have taught ``virtually
all White people contribute [or benefit from] to
racism''; and
(C) training sessions have claimed that ``there is
racism embedded in the belief that America is the land
of opportunity or the belief that the most qualified
person should receive a job''.
(6) In the September 4, 2020, memorandum, Director Vought
further explained that such trainings, ``not only run counter
to the fundamental beliefs for which our Nation has stood since
its inception, but they also engender division and resentment
within the Federal workforce''.
(7) EO 13950 and the September 4, 2020, memorandum stood as
a direct rebuke of so-called ``Critical Race Theory''.
(8) Critical Race Theory, according to Heritage Foundation
visiting fellow Chris Rufo, is ``the idea that the United
States is a fundamentally racist country and that all of our
institutions including the law, culture, business, the economy
are all designed to maintain white supremacy''.
(9) Critical Race Theory is, at its core, un-American,
discriminatory, and based on Marxist ideology.
(10) Critical Race Theory relies on a Marxist analytical
framework, viewing society in terms of oppressed and oppressor,
and instills a defeatist mentality in those it casts as the
oppressed.
(11) Critical Race Theory's objective is the destruction
and replacement of Western Enlightenment Liberalism with a
Marxist influenced government.
(12) Critical Race Theory intentionally seeks to undermine
capitalism and western values, such as property rights, free
speech, and the very concept of Lockean natural rights.
(13) At the Department of Homeland Security, Rufo
explained, trainers ``insisted that statements such as `America
is the land of opportunity', `Everybody can succeed in this
society, if they work hard enough', and `I believe the most
qualified person should get the job' are racist and harmful''.
(14) At a training session at the National Credit Union
Administration, Howard Ross taught that ``It is irrefutable
that [America society] is a system based on racism'' and ``good
and decent [white] people . . . support the status quo [of] a
system of systematized racism''.
(15) According to Rufo, employees of the Department of the
Treasury and Federal financial agencies attended a series of
events at which diversity trainer Howard Ross taught employees
that all White Americans are complicit in White supremacy ``by
automatic response to the ways were taught Whiteness includes
white privilege and white supremacy''.
(16) Martin Luther King Jr., in his ``I have a dream
speech'' said, ``I look to a day when people will not be judged
by the color of their skin, but by the content of their
character''.
(17) By teaching that certain individuals, by virtue of
inherent characteristics, are inherently flawed, Critical Race
Theory contradicts the basic principle upon which our Nation
was founded that all men and women are created equal.
(18) Critical Race Theory's teachings stand in contrast to
the overarching goal of the Civil Rights Act of 1964 to prevent
discrimination on the basis of race, color, or national origin
in the United States.
(19) Critical Race Theory seeks to portray the United
States not as a united Nation of people, families, and
communities striving for a common purpose, but rather one of
many victimized groups based on sex, race, national origin, and
gender.
(20) Critical Race Theory, and its emphasis on
predetermining the thoughts, beliefs, and actions of a person,
flouts the Constitution of the United States guarantee of equal
protection under the law to all men and women.
(21) On January 20, 2021, President Joe Biden issued an
Executive order revoking President Trump's EO 13950.
(22) The American people should defend the civil rights of
all people and seek to eliminate racism wherever it exists.
Critical Race Theory and its propagation within the Federal
Government through President Biden's executive action
desecrates this paramount pursuit.
(b) Prohibition.--No executive agency (as defined in section 105 of
title 5, United States Code) may act in contravention of Executive
Order 13950 (85 Fed. Reg. 60683; relating to combating race and sex
stereotyping), except as such Executive order relates to contractors
and grant recipients.
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