State Department codifies the EO 14168 definitions in a new CFR part governing foreign assistance

Final ruleDOS

Date
Actor
Department of State (RIN 1400-AG25)
Agency
Department of State (DOS)
Type
Final rule
Section
SUPPLEMENT: THE GOVERNMENT-WIDE CFR 'TERMINOLOGY' RULEMAKINGS ARE ONLY PARTIALLY CAPTURED — TSA'S MAY 2025 FINAL RULE AND THE AUGUST 2026 FDA COMMENT REOPENING ARE MISSING

Summary

Adds a new 2 CFR part 603, "Combating Gender Ideology in Foreign Assistance," which for the first time codifies the EO 14168 definitional apparatus in the Code of Federal Regulations rather than merely conforming existing text to it. The rule defines "gender ideology" as the replacement of biological sex categories with self-assessed gender identity; defines "sex" as an immutable biological classification keyed to reproductive function (females produce ova, males produce sperm); and defines "sex-rejecting procedures" as pharmaceutical or surgical interventions to alter appearance to conform to an asserted identity differing from biological sex. It bars foreign NGOs and international organizations receiving U.S. foreign assistance from promoting gender ideology or subgranting to entities that do, and bars U.S. NGOs from providing sex-rejecting procedures abroad or promoting these concepts within foreign-assistance-funded programs, subject to physical and financial separation for non-federal funds. Issued as a final rule without notice and comment under the APA's grants and foreign-affairs exemptions.

Status

In effect (effective February 26, 2026). Companion rules published the same day: "Combating Discriminatory Equity Ideology in Foreign Assistance Rules" (2026-01517) and "Protecting Life in Foreign Assistance" (2026-01519). (See also section 8; section 9.)

As recorded in the data of . Check the sources for anything newer.

Documents

Sources

Cite this action

Combating Gender Ideology in Foreign Assistance, 91 Fed. Reg. 3332 (Jan. 27, 2026) (codified at 2 C.F.R. pt. 603).

Short form: 91 Fed. Reg. at 3332.