II 

117TH CONGRESS 

1ST SESSION S. 2711 

To amend the Higher Education Act of 1965 and the Elementary and 

Secondary Education Act of 1965 to provide rules of construction that 

nothing in those Acts requires the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds 

that the United States is a Nation founded on white supremacy and 

oppression, or that these forces are at the root of American society. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 11 (legislative day, AUGUST 10), 2021 

Mr. LEE (for himself and Mr. SCOTT of Florida) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to provide rules of construction that nothing in those Acts 

requires the use, teaching, promotion, or recommendation 

of any academic discipline, program, or activity that 

holds that the United States is a Nation founded on 

white supremacy and oppression, or that these forces 

are at the root of American society. 

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


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•S 2711 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Empowering Local 

3 Curriculum Act’’. 

4 SEC. 2. RULES OF CONSTRUCTION ON REQUIREMENTS OF 

5 TEACHING. 

6 (a) HIGHER EDUCATION.—Part B of title I of the 

7 Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 124. RULE OF CONSTRUCTION ON REQUIREMENTS OF 

10 TEACHING. 

11 ‘‘Nothing in this Act shall be construed to require 

12 the use, teaching, promotion, or recommendation of any 

13 academic discipline, program, or activity that holds the 

14 following: 

15 ‘‘(1) The United States is a Nation founded on 

16 white supremacy and oppression, or that these forces 

17 are at the root of American society. 

18 ‘‘(2) One race or sex is inherently superior to 

19 another race or sex. 

20 ‘‘(3) The United States is fundamentally racist 

21 or sexist. 

22 ‘‘(4) An individual, by virtue of his or her race 

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

24 whether consciously or unconsciously. 


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•S 2711 IS

1 ‘‘(5) An individual should be discriminated 

2 against or receive adverse treatment solely or partly 

3 because of his or her race or sex. 

4 ‘‘(6) Members of one race or sex cannot and 

5 should not attempt to treat others without respect to 

6 race or sex. 

7 ‘‘(7) An individual’s moral character is nec8 essarily determined by his or her race or sex. 

9 ‘‘(8) An individual, by virtue of his or her race 

10 or sex, bears responsibility for actions committed in 

11 the past by other members of the same race or sex. 

12 ‘‘(9) Any individual should feel discomfort, 

13 guilt, anguish, or any other form of psychological 

14 distress on account of his or her race or sex. 

15 ‘‘(10) Meritocracy or traits such as a hard work 

16 ethic are racist or sexist, or were created by a par17 ticular race to oppress another race.’’. 

18 (b) ELEMENTARY AND SECONDARY EDUCATION.— 

19 Subpart 2 of part F of title VIII of the Elementary and 

20 Secondary Education Act of 1965 (20 U.S.C. 7901 et 

21 seq.) is amended by adding at the end the following: 

22 ‘‘SEC. 8549D. RULE OF CONSTRUCTION ON REQUIREMENTS 

23 OF TEACHING. 

24 ‘‘Nothing in this Act shall be construed to require 

25 the use, teaching, promotion, or recommendation of any 


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•S 2711 IS

1 academic discipline, program, or activity that holds the 

2 following: 

3 ‘‘(1) The United States is a Nation founded on 

4 white supremacy and oppression, or that these forces 

5 are at the root of American society. 

6 ‘‘(2) One race or sex is inherently superior to 

7 another race or sex. 

8 ‘‘(3) The United States is fundamentally racist 

9 or sexist. 

10 ‘‘(4) An individual, by virtue of his or her race 

11 or sex, is inherently racist, sexist, or oppressive, 

12 whether consciously or unconsciously. 

13 ‘‘(5) An individual should be discriminated 

14 against or receive adverse treatment solely or partly 

15 because of his or her race or sex. 

16 ‘‘(6) Members of one race or sex cannot and 

17 should not attempt to treat others without respect to 

18 race or sex. 

19 ‘‘(7) An individual’s moral character is nec20 essarily determined by his or her race or sex. 

21 ‘‘(8) An individual, by virtue of his or her race 

22 or sex, bears responsibility for actions committed in 

23 the past by other members of the same race or sex. 


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•S 2711 IS

1 ‘‘(9) Any individual should feel discomfort, 

2 guilt, anguish, or any other form of psychological 

3 distress on account of his or her race or sex. 

4 ‘‘(10) Meritocracy or traits such as a hard work 

5 ethic are racist or sexist, or were created by a par6 ticular race to oppress another race.’’. 

Æ 


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