118th Congress Agriculture and Food
H.J.Res. 92: Disapproval of Food and Nutrition Service rule: Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update
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
- Introduced (completed)
- Passed House (not reached)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not 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.
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Lauren Boebert R-COOriginal
- Gus Bilirakis R-FLOriginal
- Mike Bost R-ILOriginal
- Jim Banks R-INOriginal
- Jeff Duncan R-SCOriginal
- Brad Finstad R-MNOriginal
- Michael Guest R-MSOriginal
- Clay Higgins R-LAOriginal
- Doug Lamborn R-COOriginal
- Nancy Mace R-SCOriginal
- Tracey Mann R-KSOriginal
- John Moolenaar R-MIOriginal
- Mary Miller R-ILOriginal
- Andrew Ogles R-TNOriginal
- Bill Posey R-FLOriginal
- Adrian Smith R-NEOriginal
- W. Steube R-FLOriginal
- Randy Weber R-TXOriginal
- Roger Williams R-TXOriginal
- Glenn Thompson R-PA
- Mark Green R-TN
- Russell Fry R-SC
- Byron Donalds R-FL
- Barry Moore R-AL
- Dale Strong R-AL
- David Rouzer R-NC
- Ben Cline R-VA
- Ron Estes R-KS
Who scored on this bill
- 1C. Franklin SponsorIntroduced, reached a cosponsor milestone2 events+6
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Other bills by C. Franklin
History
- Introduced in the House by C. Franklin.
Show the full action history (3 actions)
- Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
- Introduced in House
- Referred to the House Committee on Agriculture.