PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Congressional Research Service
Version 00 · Introduced in House · Sep 26, 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.
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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.
People & committees
Rep. Franklin, C. Scott [R-FL-18] · R–FL
Legislative record
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Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Referred to the House Committee on Agriculture.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Mar 21, 2025. Consult Congress.gov for the current record.
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