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".

Bill: 118-sjres-42
Sponsor: full_name: Sen. Marshall, Roger [R-KS]
Introduced: 2023-07-27
Policy area: Agriculture and Food
Subjects: Administrative law and regulatory procedures

Congressional oversight

Department of Agriculture

Food assistance and relief

Poverty and welfare assistance

Sex, gender, sexual orientation discrimination
Latest action: action_date: 2023-10-26
text: Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.

Summaries:
action_date: 2023-07-27
action_desc: Introduced in Senate
text: <p>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. </p> <p> 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. </p> <p>In June 2020, the U.S. Supreme Court held in<i> Bostock v. Clayton County</i> 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. </p> <p> <p>The FNS determined that the <i>Bostock</i> 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. <p>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.</p>

tv_txt: IIA Calendar No. 229 118th CONGRESS 1st Session S. J. RES. 42 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Marshall (for himself, Mr. Cotton , Mr. Lankford , Mr. Risch , Mrs. Blackburn , Mr. Braun , Mr. Hawley , Mr. Crapo , Mr. Wicker , Ms. Ernst , Mrs. Britt , Mr. Mullin , Mr. Tillis , Mr. Vance , Mr. Lee , Mr. Scott of Florida , Mr. Cruz , and Mr. Rubio ) introduced the following joint resolution; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry October 17, 2023 Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar 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 .

That Congress disapproves the rule submitted by the Food and Nutrition Service relating to Application of Bostock v. Clayton County to Program Discrimination Complaint Processing—Policy Update (issued May 5, 2022, as a memorandum, and a letter of opinion from the Government Accountability Office dated June 5, 2023, printed in the Congressional record on June 7, 2023, on pages S1998–S2000, concluding that such memorandum is a rule under the Congressional Review Act), and such rule shall have no force or effect.

October 17, 2023 Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar

tv_txt: IIA 118th CONGRESS 1st Session S. J. RES. 42 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Marshall (for himself, Mr. Cotton , Mr. Lankford , Mr. Risch , Mrs. Blackburn , Mr. Braun , Mr. Hawley , Mr. Crapo , Mr. Wicker , and Ms. Ernst ) introduced the following joint resolution; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 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 .

That Congress disapproves the rule submitted by the Food and Nutrition Service relating to Application of Bostock v. Clayton County to Program Discrimination Complaint Processing—Policy Update (issued May 5, 2022, as a memorandum, and a letter of opinion from the Government Accountability Office dated June 5, 2023, printed in the Congressional record on June 7, 2023, on pages S1998–S2000, concluding that such memorandum is a rule under the Congressional Review Act), and such rule shall have no force or effect.