Federal

Stop CRT Act

Source: Congress.gov · 919 words in original text

What This Bill Does

This bill turns an executive order about race and sex stereotyping into federal law. It prevents elementary schools, secondary schools and colleges from receiving federal money if they promote certain race-based theories or force teachers and students to agree with these theories.

Who It Affects

Elementary schools, secondary schools, colleges and universities that receive federal funds. Teachers and students at these schools. State and local education agencies that distribute federal money.

Key Provisions

Schools that "promote race-based theories" cannot receive federal funds allocated by states or local education agencies (Sec. 4(a)). Colleges cannot receive any federal funds if they force teachers or students to affirm or adopt race-based theories (Sec. 4(b)). Schools can still teach about race-based theories in educational contexts as long as they make clear the school does not sponsor, approve or endorse those theories (Sec. 4(c)(3)). Nothing in this bill prevents students or teachers from speaking about these topics outside of school settings (Sec. 4(c)(1)). Nothing in this bill prevents people from accessing materials about race-based theories for research or independent study (Sec. 4(c)(2)).

What Changes

Schools that promote race-based theories would lose access to federal education funding. Schools must be careful about how they teach about race to avoid losing federal money.

Important Definitions

"Race-based theory" means a theory that claims one race is superior or inferior to another, that the United States is fundamentally racist, that founding documents are fundamentally racist, that someone's moral worth is determined by race, that someone is inherently racist based on their race, or that someone is responsible for things done by others of their race. "Promote" means including race-based theories in school materials or classes in a way that appears officially supported, hiring speakers or trainers to advocate these theories, or forcing students to believe these theories.

II 118TH CONGRESS 1ST SESSION S. 558 To codify Executive Order 13950 (relating to combating race and sex stereotyping), and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 28, 2023 Mr. COTTON (for himself, Mr. LANKFORD, and Mrs. BLACKBURN) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop CRT Act’’. 4 SEC. 2. DEFINITIONS. 5 In this Act: 6 (1) ESEA TERMS.—The terms ‘‘elementary 7 school’’, ‘‘local educational agency’’, ‘‘secondary 8 school’’, and ‘‘State’’ have the meanings given those 9 VerDate Sep 11 2014 02:56 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 kjohnson on DSK79L0C42PROD with BILLS 2 •S 558 IS terms in section 8101 of the Elementary and Sec- 1 ondary Education Act of 1965 (20 U.S.C. 7801). 2 (2) INSTITUTION OF HIGHER EDUCATION.—The 3 term ‘‘institution of higher education’’ has the 4 meaning given that term in section 102 of the High- 5 er Education Act of 1965 (20 U.S.C. 1002). 6 (3) PROMOTE.—The term ‘‘promote’’, when 7 used with respect to a race-based theory, means— 8 (A) to include race-based theories or mate- 9 rials that advocate such theories in curricula, 10 reading lists, seminars, workshops, trainings, or 11 other educational or professional settings in a 12 manner that could reasonably give rise to the 13 appearance of official sponsorship, approval, or 14 endorsement; 15 (B) to contract with, hire, or otherwise en- 16 gage speakers, consultants, diversity trainers, 17 and other persons for the purpose of advocating 18 such theories; and 19 (C) to compel students to profess a belief 20 in such theories. 21 (4) RACE-BASED THEORY.—The term ‘‘race- 22 based theory’’ means a theory that— 23 (A) any race is inherently superior or infe- 24 rior to any other race; 25 VerDate Sep 11 2014 02:56 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 kjohnson on DSK79L0C42PROD with BILLS 3 •S 558 IS (B) the United States is a fundamentally 1 racist country; 2 (C) the Declaration of Independence or the 3 Constitution of the United States is a fun- 4 damentally racist document; 5 (D) an individual’s moral worth is deter- 6 mined by the race of the individual; 7 (E) an individual, by virtue of the race of 8 the individual, is inherently racist or oppressive, 9 whether consciously or unconsciously; or 10 (F) an individual, because of the race of 11 the individual, bears responsibility for the ac- 12 tions committed by members of the race of the 13 individual. 14 SEC. 3. CODIFICATION OF EXECUTIVE ORDER. 15 Executive Order 13950 (85 Fed. Reg. 60683; relat- 16 ing to combating race and sex stereotyping) shall have the 17 force and effect of law, except that the Executive order 18 shall not apply to elementary schools, secondary schools, 19 or institutions of higher education. 20 SEC. 4. FEDERAL FUNDS LIMITATION. 21 (a) PROHIBITION ON AWARD OF FUNDS TO CERTAIN 22 ELEMENTARY AND SECONDARY SCHOOLS.—No Federal 23 funds received by a State or a local educational agency 24 may be allocated to an elementary school or secondary 25 VerDate Sep 11 2014 05:32 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 kjohnson on DSK79L0C42PROD with BILLS 4 •S 558 IS school that promotes race-based theories or compels teach- 1 ers or students to affirm, adhere to, adopt, or profess be- 2 liefs contrary to title VI of the Civil Rights Act of 1964 3 (42 U.S.C. 2000d et seq.). 4 (b) PROHIBITION ON AWARD OF FUNDS TO CERTAIN 5 INSTITUTIONS OF HIGHER EDUCATION.—No Federal 6 funds may be awarded to an institution of higher edu- 7 cation if such institution compels teachers or students to 8 affirm, adhere to, adopt, or profess race-based theories or 9 beliefs contrary to title VI of the Civil Rights Act of 1964 10 (42 U.S.C. 2000d et seq.). 11 (c) RULES OF CONSTRUCTION.— 12 (1) PROTECTED SPEECH NOT RESTRICTED.— 13 Nothing in this section shall be construed to restrict 14 the speech of a student, a teacher, or any other indi- 15 vidual outside of a school setting. 16 (2) ACCESS TO MATERIALS FOR THE PURPOSE 17 OF RESEARCH OR INDEPENDENT STUDY.—Nothing 18 in this section shall be construed to prevent an indi- 19 vidual from accessing materials that advocate race- 20 based theories for the purpose of research or inde- 21 pendent study. 22 (3) CONTEXTUAL EDUCATION.—Nothing in this 23 section shall be construed to prevent an elementary 24 school or secondary school from stating race-based 25 VerDate Sep 11 2014 02:56 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 kjohnson on DSK79L0C42PROD with BILLS 5 •S 558 IS theories or assigning materials that advocate race- 1 based theories for educational purposes in contexts 2 that make it clear the school does not sponsor, ap- 3 prove, or endorse such theories or materials. 4 Æ VerDate Sep 11 2014 02:56 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S558.IS S558 kjohnson on DSK79L0C42PROD with BILLS

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