[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2346 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2346

  To codify Executive Order 13950 (relating to combating race and sex 
                 stereotyping), and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2021

  Mr. Cotton introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To codify Executive Order 13950 (relating to combating race and sex 
                 stereotyping), 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 ``Stop CRT Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', ``secondary school'', and ``State'' have 
        the meanings given those terms in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (3) Promote.--The term ``promote'', when used with respect 
        to a race-based theory, means--
                    (A) to include race-based theories or materials 
                that advocate such theories in curricula, reading 
                lists, seminars, workshops, trainings, or other 
                educational or professional settings in a manner that 
                could reasonably give rise to the appearance of 
                official sponsorship, approval, or endorsement;
                    (B) to contract with, hire, or otherwise engage 
                speakers, consultants, diversity trainers, and other 
                persons for the purpose of advocating such theories; 
                and
                    (C) to compel students to profess a belief in such 
                theories.
            (4) Race-based theory.--The term ``race-based theory'' 
        means a theory that--
                    (A) any race is inherently superior or inferior to 
                any other race;
                    (B) the United States is a fundamentally racist 
                country;
                    (C) the Declaration of Independence or the 
                Constitution of the United States is a fundamentally 
                racist document;
                    (D) an individual's moral worth is determined by 
                the race of the individual;
                    (E) an individual, by virtue of the race of the 
                individual, is inherently racist or oppressive, whether 
                consciously or unconsciously; or
                    (F) an individual, because of the race of the 
                individual, bears responsibility for the actions 
                committed by members of the race of the individual.

SEC. 3. CODIFICATION OF EXECUTIVE ORDER.

    Executive Order 13950 (85 Fed. Reg. 60683; relating to combating 
race and sex stereotyping) shall have the force and effect of law, 
except that the executive order shall not apply to elementary schools, 
secondary schools, or institutions of higher education.

SEC. 4. FEDERAL FUNDS LIMITATION.

    (a) Prohibition on Award of Funds to Certain Elementary and 
Secondary Schools.--No Federal funds received by a State or a local 
educational agency may be allocated to an elementary school or 
secondary school that promotes race-based theories or compels teachers 
or students to affirm, adhere to, adopt, or profess beliefs contrary to 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
    (b) Prohibition on Award of Funds to Certain Institutions of Higher 
Education.--No Federal funds may be awarded to an institution of higher 
education if such institution compels teachers or students to affirm, 
adhere to, adopt, or profess race-based theories or beliefs contrary to 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
    (c) Rules of Construction.--
            (1) Protected speech not restricted.--Nothing in this 
        section shall be construed to restrict the speech of a student, 
        a teacher, or any other individual outside of a school setting.
            (2) Access to materials for the purpose of research or 
        independent study.--Nothing in this section shall be construed 
        to prevent an individual from accessing materials that advocate 
        race-based theories for the purpose of research or independent 
        study.
            (3) Contextual education.--Nothing in this section shall be 
        construed to prevent an elementary school or secondary school 
        from stating race-based theories or assigning materials that 
        advocate race-based theories for educational purposes in 
        contexts that make it clear the school does not sponsor, 
        approve, or endorse such theories or materials.
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