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".
Latest action · Jan 11, 2024 Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Progress
Where this resolution reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedSep 26, 2023
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 28
Members who signed on, in the order they did. Signatures ran from Sep 26, 2023 to Dec 13, 2023; 19 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Adrian Smith | Original | Sep 26, 2023 |
| R-TN | Andrew Ogles | Original | Sep 26, 2023 |
| R-FL | Bill Posey | Original | Sep 26, 2023 |
| R-MN | Brad Finstad | Original | Sep 26, 2023 |
| R-LA | Clay Higgins | Original | Sep 26, 2023 |
| R-CO | Doug Lamborn | Original | Sep 26, 2023 |
| R-FL | Gus M. Bilirakis | Original | Sep 26, 2023 |
| R-SC | Jeff Duncan | Original | Sep 26, 2023 |
| R-IN | Jim Banks | Original | Sep 26, 2023 |
| R-MI | John R. Moolenaar | Original | Sep 26, 2023 |
| R-CO | Lauren Boebert | Original | Sep 26, 2023 |
| R-IL | Mary E. Miller | Original | Sep 26, 2023 |
| R-MS | Michael Guest | Original | Sep 26, 2023 |
| R-IL | Mike Bost | Original | Sep 26, 2023 |
| R-SC | Nancy Mace | Original | Sep 26, 2023 |
| R-TX | Randy K. Weber, Sr. | Original | Sep 26, 2023 |
| R-TX | Roger Williams | Original | Sep 26, 2023 |
| R-KS | Tracey Mann | Original | Sep 26, 2023 |
| R-FL | W. Gregory Steube | Original | Sep 26, 2023 |
| R-PA | Glenn Thompson | Sep 28, 2023 | |
| R-TN | Mark E. Green | Sep 29, 2023 | |
| R-SC | Russell Fry | Oct 2, 2023 | |
| R-AL | Barry Moore | Oct 10, 2023 | |
| R-FL | Byron Donalds | Oct 10, 2023 | |
| R-AL | Dale W. Strong | Oct 11, 2023 | |
| R-NC | David Rouzer | Oct 26, 2023 | |
| R-VA | Ben Cline | Dec 13, 2023 | |
| R-KS | Ron Estes | Dec 13, 2023 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Agriculture Committee | Referred Sep 26, 2023 |
| Nutrition and Foreign Agriculture Subcommittee | Referred Jan 11, 2024 |
Actions 3
Everything that happened, newest first.
- Jan 11, 2024Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
- Sep 26, 2023Introduced in House
- Sep 26, 2023Referred to the House Committee on Agriculture.
In the Congressional Record 1
Days the Record’s own index lists this resolution, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Lists H4501H.J. Res. 92 | — | Sep 26, 2023 |
Research
What has been written about this resolution: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 156, September 26, 2023, page H4501.
Titles 1
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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".
Subjects
Assigned by the Library of Congress. Policy area: Agriculture and Food.
Text 1
Each version as it was printed, newest first.
- Sep 26, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this resolution on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
