{"format":1,"id":"118-sjres-42","congress":118,"number":"S.J.Res. 42","kind":"joint_resolution","group":"bills","title":"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\".","title_source":"Display Title","official_title":"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\".","titles":[{"type":"Official Title as Introduced","title":"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\"."},{"type":"Display Title","title":"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\"."}],"outcome":"failed_senate","law_number":null,"introduced":"2023-07-27","chambers":{"house":{"status":"na","date":null,"vote":null},"senate":{"status":"roll_call","date":"2023-10-26","vote":{"id":"118-2023-s272","question":"On the Joint Resolution","title":"S.J. Res. 42","result":"Joint Resolution Defeated","yea":47,"nay":50,"present":0,"not_voting":3,"source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1181/vote_118_1_00272.xml"}}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.","date":"2023-10-26"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2023-07-27","stage":"Introduced in Senate","blocks":[{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."}],"words":226},"summary":{"main_subject":{"text":"Disapproves, under the Congressional Review Act, the Food and Nutrition Service rule titled \"Application of Bostock v. Clayton County to Program Discrimination Complaint Processing—Policy Update\" and provides that the rule has no force or effect.","cites":[{"label":"Text","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"}]},"core_areas":["Congressional disapproval of a Food and Nutrition Service policy update on program discrimination complaint processing"],"what_it_does":[{"text":"States that Congress disapproves the rule submitted by the Food and Nutrition Service titled \"Application of Bostock v. Clayton County to Program Discrimination Complaint Processing—Policy Update.\"","cite":{"label":"Text","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"}},{"text":"Provides that the disapproved rule shall have no force or effect.","cite":{"label":"Text","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"}},{"text":"Identifies the rule as a memorandum issued May 5, 2022.","cite":{"label":"Text","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"}},{"text":"Refers to a Government Accountability Office letter of opinion dated June 5, 2023, printed in the Congressional Record on June 7, 2023, concluding that the memorandum is a rule under the Congressional Review Act.","cite":{"label":"Text","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"}}],"unexpected":[],"version":{"type":"Placed on Calendar Senate","date":"2023-10-17","rule":"nearest","href":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text/pcs"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42","text":"https://www.congress.gov/bill/118th-congress/senate-joint-resolution/42/text"},"card":{"image":"card/item/118-sjres-42.png","v":"083e4d9b335e","alt":"Votes on Record. S.J.Res. 42, 118th Congress: 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\". Senate: 47 Yea, 50 Nay. Outcome: Failed Senate, 26 Oct 2023."}}