II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Non-Dis5 crimination by Defunding Critical Race Theory Act’’ or 

6 the ‘‘END CRT Act’’. 

7 SEC. 2. PROHIBITION ON EXECUTIVE AGENCIES ACTING IN 

8 CONTRAVENTION OF EXECUTIVE ORDER 

9 13950. 

10 (a) DEFINITIONS.— 


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1 (1) EO 13950.—The term ‘‘EO 13950’’ means 

2 Executive Order 13950 (5 U.S.C. 4103 note; relat3 ing to combating race and sex stereotyping). 

4 (2) EXECUTIVE AGENCY.—The term ‘‘Executive 

5 agency’’ has the meaning given the term in section 

6 105 of title 5, United States Code. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) On September 22, 2020, President Trump 

9 issued EO 13950. 

10 (2) EO 13950 was designed ‘‘to promote econ11 omy and efficiency in Federal contracting, to pro12 mote unity in the Federal workforce, and to combat 

13 offensive and anti-American race and sex stereo14 typing and scapegoating’’. 

15 (3) Specifically, EO 13950, among other things, 

16 prohibited Federal agencies from teaching, advo17 cating, acting upon, or promoting in any training to 

18 agency employees certain divisive concepts, such as 

19 concepts that include a teaching or belief that ‘‘(1) 

20 one race or sex is inherently superior to another race 

21 or sex; (2) the United States is fundamentally racist 

22 or sexist; (3) an individual, by virtue of his or her 

23 race or sex, is inherently racist, sexist, or oppressive, 

24 whether consciously or unconsciously; (4) an indi25 vidual should be discriminated against or receive adVerDate Sep 11 2014 03:23 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2221.IS S2221

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1 verse treatment solely or partly because of his or her 

2 race or sex; (5) members of one race or sex cannot 

3 and should not attempt to treat others without re4 spect to race or sex; (6) an individual’s moral char5 acter is necessarily determined by his or her race or 

6 sex; (7) an individual, by virtue of his or her race 

7 or sex, bears responsibility for actions committed in 

8 the past by other members of the same race or sex; 

9 (8) any individual should feel discomfort, guilt, an10 guish, or any other form of psychological distress on 

11 account of his or her race or sex; or (9) meritocracy 

12 or traits such as a hard work ethic are racist or sex13 ist, or were created by a particular race to oppress 

14 another race’’. 

15 (4) EO 13950 further required that diversity 

16 and inclusion efforts of Federal agencies must ‘‘first 

17 and foremost, encourage agency employees not to 

18 judge each other by their color, race, ethnicity, sex, 

19 or any other characteristic protected by Federal 

20 law’’. 

21 (5) EO 13950 was issued soon after the Direc22 tor of the Office of Management and Budget, Rus23 sell Vought, issued a September 4, 2020, memo24 randum (referred to in this section as the ‘‘SepVerDate Sep 11 2014 03:23 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2221.IS S2221

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1 tember 4, 2020, memorandum’’) in which he ex2 plained that— 

3 (A) millions of taxpayer dollars have been 

4 spent on training Federal employees to ‘‘believe 

5 divisive, anti-American propaganda’’; 

6 (B) training sessions have taught that 

7 ‘‘virtually all White people contribute [or ben8 efit from] to racism’’; and 

9 (C) training sessions have claimed that 

10 ‘‘there is racism embedded in the belief that 

11 America is the land of opportunity or the belief 

12 that the most qualified person should receive a 

13 job’’. 

14 (6) In the September 4, 2020, memorandum, 

15 Director Vought further explained that the trainings 

16 described in paragraph (5) ‘‘not only run counter to 

17 the fundamental beliefs for which our Nation has 

18 stood since its inception, but they also engender divi19 sion and resentment within the Federal workforce’’. 

20 (7) EO 13950 and the September 4, 2020, 

21 memorandum stood as a direct rebuke of so-called 

22 ‘‘critical race theory’’. 

23 (8) Critical race theory, according to Heritage 

24 Foundation visiting fellow Chris Rufo (referred to in 

25 this section as ‘‘Rufo’’), is ‘‘the idea that the United 


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1 States is a fundamentally racist country and that all 

2 of the institutions, including the law, culture, busi3 ness, the economy are all designed to maintain white 

4 supremacy’’. 

5 (9) Critical race theory is, at its core, anti6 American, discriminatory, and based on Marxist ide7 ology. 

8 (10) Critical race theory relies on a Marxist an9 alytical framework, viewing society in terms of the 

10 oppressed and the oppressor, and instills a defeatist 

11 mentality in the individuals that critical race theory 

12 casts as the oppressed. 

13 (11) Critical race theory’s objective is the de14 struction and replacement of Western Enlighten15 ment Liberalism with a Marxist-influenced govern16 ment. 

17 (12) Critical race theory intentionally seeks to 

18 undermine capitalism and western values, such as 

19 property rights, free speech, and the very concept of 

20 Lockean natural rights. 

21 (13) At the Department of Homeland Security, 

22 Rufo explained, trainers ‘‘insisted that statements 

23 such as ‘America is the land of opportunity,’ ‘Every24 body can succeed in this society, if they work hard 


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1 enough,’ and ‘I believe the most qualified person 

2 should get the job’ are racist and harmful’’. 

3 (14) At a training session at the National Cred4 it Union Administration, diversity trainer Howard 

5 Ross taught that ‘‘It is irrefutable that [American 

6 society] is a system based on racism’’ and ‘‘good and 

7 decent [White] people . . . support the status quo 

8 [of] a system of systematized racism’’. 

9 (15) According to Rufo, employees of the De10 partment of the Treasury and Federal financial 

11 agencies attended a series of events at which diver12 sity trainer Howard Ross taught employees that all 

13 White individuals in the United States are complicit 

14 in White supremacy ‘‘by automatic response to the 

15 ways we’re taught Whiteness includes White privi16 lege and White supremacy’’. 

17 (16) Martin Luther King, Jr., in his ‘‘I have a 

18 dream speech’’ said, ‘‘I look to a day when people 

19 will not be judged by the color of their skin, but by 

20 the content of their character’’. 

21 (17) By teaching that certain individuals, by 

22 virtue of inherent characteristics, are inherently 

23 flawed, critical race theory contradicts the basic 

24 principle upon which the United States was founded 

25 that all men and women are created equal. 


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1 (18) The teachings of critical race theory stand 

2 in contrast to the overarching goal of the Civil 

3 Rights Act of 1964 (42 U.S.C. 2000A et seq.) to 

4 prevent discrimination on the basis of race, color, or 

5 national origin in the United States. 

6 (19) Critical race theory seeks to portray the 

7 United States not as a united Nation of individuals, 

8 families, and communities striving for a common 

9 purpose, but rather a Nation of many victimized 

10 groups based on sex, race, national origin, and gen11 der. 

12 (20) Critical race theory, and its emphasis on 

13 predetermining the thoughts, beliefs, and actions of 

14 an individual, flouts the guarantee of Constitution of 

15 the United States of equal protection under the law 

16 to all men and women. 

17 (21) On January 20, 2021, President Joe 

18 Biden issued Executive Order 13985 (86 Fed. Reg. 

19 7009; relating to advancing racial equity and sup20 port for underserved communities through the Fed21 eral Government) (referred to in this section as ‘‘EO 

22 13985’’), which revoked EO 13950. 

23 (22) The people of the United States should de24 fend the civil rights of all people and seek to elimi25 nate racism wherever it exists. Critical race theory 


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1 and its propagation within the Federal Government 

2 through EO 13985 desecrates this paramount pur3 suit to eliminate racism. 

4 (c) PROHIBITION.—No Executive agency may act in 

5 contravention of EO 13950, except as EO 13950 relates 

6 to contractors and grant recipients. 

7 (d) LIMITATION ON FUNDS.—An Executive agency or 

8 any other recipient of Federal funds may not use Federal 

9 funds to teach or advance the idea, or otherwise award 

10 any grant or subgrant using Federal funds to any Execu11 tive agency, entity, or individual that teaches or otherwise 

12 advances the idea, that— 

13 (1) one race is inherently superior or inferior to 

14 another race; 

15 (2) an individual or a group of individuals, by 

16 virtue of the race of the individual or group of indi17 viduals— 

18 (A) is superior or inferior to another indi19 vidual, or a group of individuals, who is of a 

20 different race; 

21 (B) bears responsibility or moral culpa22 bility for the actions committed by other indi23 viduals who are of the same race as the indi24 vidual or group of individuals; or 


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1 (C) is inherently racist or oppressive, 

2 whether consciously or unconsciously; 

3 (3) the race of an individual or a group of indi4 viduals is determinative of the moral worth of the in5 dividual or group of individuals; 

6 (4) the United States is a fundamentally racist 

7 country; or 

8 (5) the founding documents of the United 

9 States, including the Declaration of Independence 

10 and the Constitution of the United States, are fun11 damentally racist documents. 

Æ 


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