Defending Students’ Civil Rights Act of 2021

Defending Students' Civil Rights Act of 2021

This bill prohibits the use of critical race theory or critical race pedagogy in any federally funded program or activity.

Specifically, the bill includes the use of critical race theory or critical race pedagogy as a violation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in federally funded programs or activities.

The bill defines critical race pedagogy as the separation of students or teachers, or the assignment of characteristics or assumptions, based on race, color, or national origin. The bill defines critical race theory as a curriculum that establishes specified principles relating to race or sex, including that (1) one race or sex is inherently superior to another, (2) the United States is fundamentally racist or sexist, and (3) an individual bears responsibility for the past actions of others of the same race or sex.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5398 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5398

   To amend the Civil Rights Act of 1964 to make using critical race 
 theory or critical race pedagogy in any program or activity receiving 
  Federal financial assistance a violation of such Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2021

Mr. Good of Virginia (for himself, Mr. Gosar, Mrs. Miller of Illinois, 
  Mr. Duncan, Mrs. Boebert, Mr. Biggs, Mr. LaMalfa, Mr. Harris, Mrs. 
 Greene of Georgia, Mr. Babin, Mr. Gohmert, Mr. Tiffany, Mr. Weber of 
 Texas, Mr. Posey, Mr. Fallon, Mr. Buck, Mr. Perry, and Mr. Bishop of 
 North Carolina) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Civil Rights Act of 1964 to make using critical race 
 theory or critical race pedagogy in any program or activity receiving 
  Federal financial assistance a violation of such Act, 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 ``Defending Students' Civil Rights Act 
of 2021''.

SEC. 2. RULE OF CONSTRUCTION MAKING CRITICAL RACE THEORY A VIOLATION OF 
              THE CIVIL RIGHTS ACT.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by adding at the end the following new section:
    ``Sec. 607. (a) It is a violation of section 601 to use critical 
race theory or critical race pedagogy in any program or activity 
receiving Federal financial assistance.
    ``(b) In this section:
            ``(1) The term `critical race pedagogy' means--
                    ``(A) separating students or teachers based on 
                race, color, or national origin; or
                    ``(B) assigning characteristics or assumptions to 
                individuals based on race, color, or national origin.
            ``(2) The term `critical race theory' means a curriculum 
        that establishes that--
                    ``(A) one race or sex is inherently superior to 
                another race or sex;
                    ``(B) the United States is fundamentally racist or 
                sexist;
                    ``(C) an individual, by virtue of their race or 
                sex, is inherently racist, sexist, or oppressive, 
                whether consciously or unconsciously;
                    ``(D) an individual should be discriminated against 
                or receive adverse treatment solely or partly because 
                of the race or sex of such individual;
                    ``(E) members of one race or sex cannot and should 
                not attempt to treat others without respect to race or 
                sex;
                    ``(F) an individual's moral character is 
                necessarily determined by the race or sex of such 
                individual;
                    ``(G) an individual, by virtue of their race or 
                sex, bears responsibility for actions committed in the 
                past by other members of the same race or sex;
                    ``(H) any individual should feel discomfort, guilt, 
                anguish, or any other form of psychological distress on 
                account of the race or sex of such individual; and
                    ``(I) meritocracy or traits such as hard work ethic 
                are racist or sexist, or were created by a particular 
                race to oppress another race or individual.''.
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