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118th Congress Agriculture and Food

S.J.Res. 42: Disapproval of Food and Nutrition Service rule: Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update

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".

ReportedOct 17, 2023

  1. Introduced (completed)Jul 27, 2023
  2. Passed Senate (not reached)
  3. Passed House (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in Senate, Jul 27, 2023

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.

Read the full summary

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.

Key votes

House

Not yet voted

Senate final vote, Oct 26, 2023

On the Joint Resolution

Failed 47–50

Yea 47majority 49Nay 50

  • Democrats0 yea, 46 nay
  • Republicans46 yea, 2 nay
  • Independents1 yea, 2 nay

Broke with their party: Lisa Murkowski (R-AK) and Susan Collins (R-ME) voted Nay; Joe Manchin (I-WV) voted Yea

See how all 97 members voted

Showing 100 of 100 members

Yea 47

Independents (1) broke with their party

Nay 50

Republicans (2) broke with their party

Independents (2)

Not voting 3

Republicans (1)

Democrats (1)

Independents (1)

Roll calls

1 vote on this bill

Showing 1 of 1 roll calls

  • Oct 26, 2023SenateOn the Joint ResolutionFinal passageFailed, yea-nay 47–50
    Roll call 272 tally by party
    PartyYeaNayPresentNot voting
    Democrats04601
    Republicans46201
    Independents1201
    Total475003

    Senate roll call 272: On the Joint Resolution. Joint Resolution Defeated.

    3 crossed party lines: 2 Republicans, 1 Independent

    How each member voted (100)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

19

Who scored on this bill

42 points earned
  1. 1Roger Marshall R-KS SponsorIntroduced, discharged2 events+24
  2. 2Susan Collins R-ME1 maverick vote1 event+6
  3. 2Joe Manchin I-WV1 maverick vote1 event+6
  4. 2Lisa Murkowski R-AK1 maverick vote1 event+6
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Roger Marshall

History

  1. Jul 27, 2023Introduced in the Senate by Roger Marshall.
Show the full action history (7 actions)
  1. Oct 26, 2023Measure laid before Senate by unanimous consent. (consideration: CR S5210)
  2. 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.
  3. Oct 26, 2023Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.
  4. Oct 17, 2023Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).
  5. Oct 17, 2023Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
  6. Jul 27, 2023Introduced in Senate
  7. Jul 27, 2023Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.