Stop Wrongs to Our Kids’ Educational Meals (W.O.K.E.) Act of 2022
Bill: H.R.8206 | Sponsor: Rep. Grothman, Glenn (R-WI)
Policy area: Agriculture and Food

Summary:
Stop Wrongs to Our Kids' Educational Meals (W.O.K.E.) Act of 2022
This bill repeals Executive Order 13988, titled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, that directs federal agencies to review all policies that implement non-discrimination protections on the basis of sex and extend such protections to the categories of gender identity and sexual orientation.
The bill also prohibits the Department of Agriculture from requiring state or local agencies, program operators, or sponsors that participate in the school meal programs to (1) investigate allegations of discrimination based on gender identity or sexual orientation, or (2) update non-discrimination policies and signage to include prohibitions against discrimination based on gender identity or sexual orientation.

To repeal Executive Order 13988 and prohibit the Secretary of 
 Agriculture from carrying out certain requirements relating to sexual 
   orientation and gender identity for participation in school meal 
                   programs, 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 ``Stop Wrongs to Our Kids' Educational 
Meals (W.O.K.E.) Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In enacting title IX of the Education Amendments of 
        1972 (20 U.S.C. 1681 et seq.), after careful deliberation and 
        debate and more than 250 educational proposals leading up to 
        the introduction and enactment of title IX, Congress explicitly 
        envisioned a prohibition against ``discrimination on the basis 
        of sex,'' to mean any discrimination based on biological 
        distinctions between male and female. This is supported by the 
        plain and ordinary meaning of the statutory text, by the 
        Congressional Record, and by title IX's enacting regulations.
            (2) Executive branch administrative or regulatory actions, 
        policies, or guidances, from the U.S. Department of Education, 
        the U.S. Department of Agriculture, or other agencies or 
        entities, that seek to rewrite or reinterpret the plain and 
        unambiguous language of title IX as having meaning beyond 
        ``sex'' as the biological distinctions between male and 
        female--including such constructs as ``sexual orientation and 
        gender identity''--not only inappropriately misconstrue title 
        IX's plain and clear statutory language, but they also 
        contravene congressional intent behind its enactment, and 
        misapply Supreme Court precedent on sex discrimination. 
        Additionally and importantly, any such administrative actions 
        by fiat usurp and circumvent legislative powers that are the 
        sole province of Congress under article I, section 1 of the 
        Constitution.
            (3) In its 2020 decision Bostock v. Clayton County, 140 S. 
        Ct. (2020), the U.S. Supreme Court expressly limited its 
        decision to and narrowly addressed employment issues, did not 
        construe title IX, and expressly disclaimed application to 
        ``other federal or state laws that prohibit sex 
        discrimination''. Thus, it is altogether and entirely improper, 
        inappropriate, and misguided to construe Bostock as applying to 
        title IX.

SEC. 3. REPEAL OF EXECUTIVE ORDER 13988.

    (a) Repeal.--Executive Order 13988, 86 Fed. Reg. 7023 (January 25, 
2021), is hereby repealed.
    (b) Related Action.--Any regulations, guidance, or other agency 
action related to such Executive order shall not have any force or 
effect and are hereby repealed or revoked, as applicable.

SEC. 4. PROHIBITION ON CERTAIN REQUIREMENTS RELATING TO SEXUAL 
              ORIENTATION AND GENDER IDENTITY FOR PARTICIPATION IN 
              SCHOOL MEAL PROGRAMS.

    In carrying out the school lunch program authorized under the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
and the school breakfast program established by section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773), the Secretary of Agriculture 
shall not require a State or local agency, program operator, or sponsor 
that participates in such programs to--
            (1) investigate allegations of discrimination based on 
        gender identity or sexual orientation; or
            (2) update non-discrimination policies and signage to 
        include prohibitions against discrimination based on gender 
        identity and sexual orientation.
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