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Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".

USA118th CongressHJRES-92| House 
| Updated: 1/11/2024
Scott Franklin

Scott Franklin

Republican Representative

Florida

Cosponsors (28)
Barry Moore (Republican)Adrian Smith (Republican)Clay Higgins (Republican)Jim Banks (Republican)Glenn Thompson (Republican)Andrew Ogles (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Gus M. Bilirakis (Republican)Doug Lamborn (Republican)Nancy Mace (Republican)Roger Williams (Republican)Brad Finstad (Republican)Ron Estes (Republican)W. Gregory Steube (Republican)John R. Moolenaar (Republican)Mark E. Green (Republican)Lauren Boebert (Republican)Byron Donalds (Republican)Mary E. Miller (Republican)Mike Bost (Republican)Russell Fry (Republican)Dale W. Strong (Republican)Bill Posey (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Tracey Mann (Republican)Michael Guest (Republican)

Agriculture Committee, Nutrition and Foreign Agriculture Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This joint resolution nullifies the policy update issued by the Food and Nutrition Service (FNS) on May 5, 2022, related to discrimination on the basis of gender identity and sexual orientation. The Government Accountability Office (GAO) deemed the policy update a rule on June 5, 2023, and therefore subject to the Congressional Review Act (CRA) requirement that a rule must be submitted to Congress and the GAO before it can take effect. The CRA also permits Congress to review and disapprove rules using specified procedures. In June 2020, the U.S. Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, the prohibition on sex discrimination in employment includes discrimination on the basis of sexual orientation and gender identity. The FNS determined that the Bostock analysis also applies to certain FNS-enforced requirements under the Food and Nutrition Act of 2008 and Title IX of the Education Amendments of 1972 because the requirements are sufficiently similar to those in the Civil Rights Act of 1964. The FNS rule concludes that the prohibitions against sex discrimination in the FNS-enforced statutes prohibit discrimination on the basis of gender identity and sexual orientation. The rule also directs state agencies and program operators to handle complaints alleging discrimination on the basis of gender identity and sexual orientation as complaints of prohibited sex discrimination.
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Timeline
Sep 26, 2023
Introduced in House
Sep 26, 2023
Referred to the House Committee on Agriculture.
Oct 26, 2023

Latest Companion Bill Action

SJRES 118-42
Measure laid before Senate by unanimous consent. (consideration: CR S5210)
Jan 11, 2024
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
  • September 26, 2023
    Introduced in House


  • September 26, 2023
    Referred to the House Committee on Agriculture.


  • October 26, 2023

    Latest Companion Bill Action

    SJRES 118-42
    Measure laid before Senate by unanimous consent. (consideration: CR S5210)


  • January 11, 2024
    Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.

Agriculture and Food

Related Bills

  • SJRES 118-42: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".
Administrative law and regulatory proceduresCongressional oversightDepartment of AgricultureFood assistance and reliefPoverty and welfare assistanceSex, gender, sexual orientation discrimination

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".

USA118th CongressHJRES-92| House 
| Updated: 1/11/2024
This joint resolution nullifies the policy update issued by the Food and Nutrition Service (FNS) on May 5, 2022, related to discrimination on the basis of gender identity and sexual orientation. The Government Accountability Office (GAO) deemed the policy update a rule on June 5, 2023, and therefore subject to the Congressional Review Act (CRA) requirement that a rule must be submitted to Congress and the GAO before it can take effect. The CRA also permits Congress to review and disapprove rules using specified procedures. In June 2020, the U.S. Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, the prohibition on sex discrimination in employment includes discrimination on the basis of sexual orientation and gender identity. The FNS determined that the Bostock analysis also applies to certain FNS-enforced requirements under the Food and Nutrition Act of 2008 and Title IX of the Education Amendments of 1972 because the requirements are sufficiently similar to those in the Civil Rights Act of 1964. The FNS rule concludes that the prohibitions against sex discrimination in the FNS-enforced statutes prohibit discrimination on the basis of gender identity and sexual orientation. The rule also directs state agencies and program operators to handle complaints alleging discrimination on the basis of gender identity and sexual orientation as complaints of prohibited sex discrimination.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Sep 26, 2023
Introduced in House
Sep 26, 2023
Referred to the House Committee on Agriculture.
Oct 26, 2023

Latest Companion Bill Action

SJRES 118-42
Measure laid before Senate by unanimous consent. (consideration: CR S5210)
Jan 11, 2024
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
  • September 26, 2023
    Introduced in House


  • September 26, 2023
    Referred to the House Committee on Agriculture.


  • October 26, 2023

    Latest Companion Bill Action

    SJRES 118-42
    Measure laid before Senate by unanimous consent. (consideration: CR S5210)


  • January 11, 2024
    Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Scott Franklin

Scott Franklin

Republican Representative

Florida

Cosponsors (28)
Barry Moore (Republican)Adrian Smith (Republican)Clay Higgins (Republican)Jim Banks (Republican)Glenn Thompson (Republican)Andrew Ogles (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Gus M. Bilirakis (Republican)Doug Lamborn (Republican)Nancy Mace (Republican)Roger Williams (Republican)Brad Finstad (Republican)Ron Estes (Republican)W. Gregory Steube (Republican)John R. Moolenaar (Republican)Mark E. Green (Republican)Lauren Boebert (Republican)Byron Donalds (Republican)Mary E. Miller (Republican)Mike Bost (Republican)Russell Fry (Republican)Dale W. Strong (Republican)Bill Posey (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Tracey Mann (Republican)Michael Guest (Republican)

Agriculture Committee, Nutrition and Foreign Agriculture Subcommittee

Agriculture and Food

Related Bills

  • SJRES 118-42: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresCongressional oversightDepartment of AgricultureFood assistance and reliefPoverty and welfare assistanceSex, gender, sexual orientation discrimination