[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2221 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2221
To restrict executive agencies from acting in contravention of
Executive Order 13950, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2021
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To restrict executive agencies from acting in contravention of
Executive Order 13950, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Non-Discrimination by
Defunding Critical Race Theory Act'' or the ``END CRT Act''.
SEC. 2. PROHIBITION ON EXECUTIVE AGENCIES ACTING IN CONTRAVENTION OF
EXECUTIVE ORDER 13950.
(a) Definitions.--
(1) EO 13950.--The term ``EO 13950'' means Executive Order
13950 (5 U.S.C. 4103 note; relating to combating race and sex
stereotyping).
(2) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(b) Findings.--Congress finds the following:
(1) On September 22, 2020, President Trump issued EO 13950.
(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 concepts that include a teaching or belief
that ``(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 the Director of the
Office of Management and Budget, Russell Vought, issued a
September 4, 2020, memorandum (referred to in this section as
the ``September 4, 2020, memorandum'') in which he explained
that--
(A) millions of taxpayer dollars have been spent on
training Federal employees to ``believe divisive, anti-
American propaganda'';
(B) training sessions have taught that ``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 the trainings described in paragraph (5)
``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 (referred to in this section as
``Rufo''), is ``the idea that the United States is a
fundamentally racist country and that all of the institutions,
including the law, culture, business, the economy are all
designed to maintain white supremacy''.
(9) Critical race theory is, at its core, anti-American,
discriminatory, and based on Marxist ideology.
(10) Critical race theory relies on a Marxist analytical
framework, viewing society in terms of the oppressed and the
oppressor, and instills a defeatist mentality in the
individuals that critical race theory 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, diversity trainer Howard Ross taught that ``It
is irrefutable that [American 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 individuals in the United States are complicit
in White supremacy ``by automatic response to the ways we're
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 the United
States was founded that all men and women are created equal.
(18) The teachings of critical race theory stand in
contrast to the overarching goal of the Civil Rights Act of
1964 (42 U.S.C. 2000A et seq.) 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 individuals, families, and
communities striving for a common purpose, but rather a Nation
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 an
individual, flouts the guarantee of Constitution of the United
States of equal protection under the law to all men and women.
(21) On January 20, 2021, President Joe Biden issued
Executive Order 13985 (86 Fed. Reg. 7009; relating to advancing
racial equity and support for underserved communities through
the Federal Government) (referred to in this section as ``EO
13985''), which revoked EO 13950.
(22) The people of the United States 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 EO 13985 desecrates this
paramount pursuit to eliminate racism.
(c) Prohibition.--No Executive agency may act in contravention of
EO 13950, except as EO 13950 relates to contractors and grant
recipients.
(d) Limitation on Funds.--An Executive agency or any other
recipient of Federal funds may not use Federal funds to teach or
advance the idea, or otherwise award any grant or subgrant using
Federal funds to any Executive agency, entity, or individual that
teaches or otherwise advances the idea, that--
(1) one race is inherently superior or inferior to another
race;
(2) an individual or a group of individuals, by virtue of
the race of the individual or group of individuals--
(A) is superior or inferior to another individual,
or a group of individuals, who is of a different race;
(B) bears responsibility or moral culpability for
the actions committed by other individuals who are of
the same race as the individual or group of
individuals; or
(C) is inherently racist or oppressive, whether
consciously or unconsciously;
(3) the race of an individual or a group of individuals is
determinative of the moral worth of the individual or group of
individuals;
(4) the United States is a fundamentally racist country; or
(5) the founding documents of the United States, including
the Declaration of Independence and the Constitution of the
United States, are fundamentally racist documents.
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