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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".

USA118th CongressSJRES-42| Senate 
| Updated: 10/26/2023
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (19)
Joni Ernst (Republican)Rick Scott (Republican)Mike Braun (Republican)Markwayne Mullin (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Mike Lee (Republican)James E. Risch (Republican)J. D. Vance (Republican)Marsha Blackburn (Republican)Tom Cotton (Republican)Roger F. Wicker (Republican)Ted Cruz (Republican)James Lankford (Republican)Josh Hawley (Republican)Marco Rubio (Republican)Steve Daines (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Agriculture, Nutrition, and Forestry Committee

  • 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.

Bill Text Versions

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2 versions available

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Timeline
Jul 27, 2023
Introduced in Senate
Jul 27, 2023
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Oct 17, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
Oct 17, 2023
Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).
Oct 26, 2023
Measure laid before Senate by unanimous consent. (consideration: CR S5210)
Oct 26, 2023
Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
View Vote
Jan 11, 2024

Latest Companion Bill Action

HJRES 118-92
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
  • July 27, 2023
    Introduced in Senate


  • July 27, 2023
    Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.


  • October 17, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.


  • October 17, 2023
    Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).


  • October 26, 2023
    Measure laid before Senate by unanimous consent. (consideration: CR S5210)


  • October 26, 2023
    Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
    View Vote


  • January 11, 2024

    Latest Companion Bill Action

    HJRES 118-92
    Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.

Agriculture and Food

Related Bills

  • HJRES 118-92: 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

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".

USA118th CongressSJRES-42| Senate 
| Updated: 10/26/2023
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.

Bill Text Versions

View Text
2 versions available

Suggested Questions

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

Timeline
Jul 27, 2023
Introduced in Senate
Jul 27, 2023
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Oct 17, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
Oct 17, 2023
Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).
Oct 26, 2023
Measure laid before Senate by unanimous consent. (consideration: CR S5210)
Oct 26, 2023
Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
View Vote
Jan 11, 2024

Latest Companion Bill Action

HJRES 118-92
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
  • July 27, 2023
    Introduced in Senate


  • July 27, 2023
    Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.


  • October 17, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.


  • October 17, 2023
    Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).


  • October 26, 2023
    Measure laid before Senate by unanimous consent. (consideration: CR S5210)


  • October 26, 2023
    Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
    View Vote


  • January 11, 2024

    Latest Companion Bill Action

    HJRES 118-92
    Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (19)
Joni Ernst (Republican)Rick Scott (Republican)Mike Braun (Republican)Markwayne Mullin (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Mike Lee (Republican)James E. Risch (Republican)J. D. Vance (Republican)Marsha Blackburn (Republican)Tom Cotton (Republican)Roger F. Wicker (Republican)Ted Cruz (Republican)James Lankford (Republican)Josh Hawley (Republican)Marco Rubio (Republican)Steve Daines (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Agriculture, Nutrition, and Forestry Committee

Agriculture and Food

Related Bills

  • HJRES 118-92: 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