Bill Sponsor
Senate Joint Resolution 42
118th Congress(2023-2024)
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".
Active
Active
Failed Senate on Oct 26, 2023
Overview
Text
Introduced
Jul 27, 2023
Latest Action
Oct 26, 2023
Origin Chamber
Senate
Type
Joint Resolution
Joint Resolution
A form of legislative measure used to propose changes in law, or to propose an amendment to the U.S. Constitution. Depending on the chamber of origin, they begin with a designation of either H.J.Res. or S.J.Res. Concurrent resolutions and simple resolutions are other types of resolutions. Bill is another form of legislative measure used to propose law.
Bill Number
42
Congress
118
Policy Area
Agriculture and Food
Agriculture and Food
Primary focus of measure is agricultural practices; agricultural prices and marketing; agricultural education; food assistance or nutrition programs; food industry, supply, and safety; aquaculture; horticulture and plants. Measures concerning international trade in agricultural products may fall under Foreign Trade and International Finance policy area.
Sponsorship by Party
Republican
Kansas
Republican
Arkansas
Republican
Florida
Republican
Indiana
Republican
Mississippi
Republican
Missouri
Republican
North Carolina
Republican
North Carolina
Senate Votes (1)
House Votes (0)
Failed on October 26, 2023
Question
On the Joint Resolution
Status
Failed
Type
Roll Call Vote
Roll Call Vote
A vote that records the individual position of each Member who voted. Such votes occurring on the House floor (by the "yeas and nays" or by "recorded vote") are taken by electronic device. The Senate has no electronic voting system; in such votes, Senators answer "yea" or "nay" as the clerk calls each name aloud. Each vote is compiled by clerks and receives a roll call number (referenced in Congress.gov as a "Record Vote" [Senate] or "Roll no." [House]).
Result
Joint Resolution Defeated
Roll Number
272
Senate Roll Call Votes
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.

Text (2)
Actions (7)
10/26/2023
Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
10/26/2023
Failed of passage/not agreed to in Senate: Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
10/26/2023
Measure laid before Senate by unanimous consent. (consideration: CR S5210)
10/17/2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
10/17/2023
Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).
07/27/2023
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
07/27/2023
Introduced in Senate
Public Record
Record Updated
Feb 16, 2024 3:20:17 PM