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".
Latest action · Oct 26, 2023 Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
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.
- IntroducedJul 27, 2023
- Passed SenateNot reached
- Passed HouseNot 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.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| Senate 272 | On the Joint Resolution S.J.Res. 42 | Joint Resolution Defeated47–50 | Oct 26, 2023 |
Cosponsors 19
Members who signed on, in the order they did. Signatures ran from Jul 27, 2023 to Oct 19, 2023; 9 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-ID | James E. Risch | Original | Jul 27, 2023 |
| R-OK | James Lankford | Original | Jul 27, 2023 |
| R-IA | Joni Ernst | Original | Jul 27, 2023 |
| R-MO | Josh Hawley | Original | Jul 27, 2023 |
| R-TN | Marsha Blackburn | Original | Jul 27, 2023 |
| R-IN | Mike Braun | Original | Jul 27, 2023 |
| R-ID | Mike Crapo | Original | Jul 27, 2023 |
| R-MS | Roger F. Wicker | Original | Jul 27, 2023 |
| R-AR | Tom Cotton | Original | Jul 27, 2023 |
| R-AL | Katie Boyd Britt | Sep 7, 2023 | |
| R-OK | Markwayne Mullin | Sep 20, 2023 | |
| R-NC | Thom Tillis | Sep 27, 2023 | |
| R-OH | J. D. Vance | Oct 4, 2023 | |
| R-UT | Mike Lee | Oct 16, 2023 | |
| R-FL | Marco Rubio | Oct 17, 2023 | |
| R-FL | Rick Scott | Oct 17, 2023 | |
| R-TX | Ted Cruz | Oct 17, 2023 | |
| R-NC | Ted Budd | Oct 18, 2023 | |
| R-MT | Steve Daines | Oct 19, 2023 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Agriculture, Nutrition, and Forestry Committee | Referred Jul 27, 2023Discharged Oct 17, 2023 |
Actions 6
Everything that happened, newest first.
- Oct 26, 2023Measure laid before Senate by unanimous consent. (consideration: CR S5210)
- Oct 26, 2023Failed of passage/not agreed to in Senate: Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
- Oct 17, 2023Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).
- Oct 17, 2023Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
- Jul 27, 2023Introduced in Senate
In the Congressional Record 4
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 |
|---|---|---|---|
| Senate | Debate and remarks S5274 | Elizabeth Warren D-MA | Nov 1, 2023 |
| Senate | Debate and remarks S5206–S5210Recorded votes S5210disapprove | Brian Schatz D-HI, Christopher Murphy D-CT, Debbie Stabenow D-MI, Roger Marshall R-KS, Tammy Baldwin D-WI, Ted Cruz R-TX | Oct 26, 2023 |
| Senate | Debate and remarks S5053Discharge petition S5046 | Charles E. Schumer D-NY | Oct 17, 2023 |
| Senate | Debate and remarks S66 | — | Jan 24, 2023 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HJRES 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". | Identical bill | Jan 11, 2024 |
Titles 1
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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".
Subjects
Assigned by the Library of Congress. Policy area: Agriculture and Food.
Text 2
Each version as it was printed, newest first.
- Oct 17, 2023Placed on Calendar Senate
- Jul 27, 2023Introduced in Senate
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.
