To restrict executive agencies from acting in contravention of Executive Order 13950.
Bill: H.R.3235 | Sponsor: Rep. Owens, Burgess (R-UT)
Policy area: Government Operations and Politics

Summary:
This bill prohibits any executive agency from contravening Executive Order 13950 (Combating Race and Sex Stereotyping), except as such order relates to contractors and grant recipients.

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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