S.J.Res. 42Senate118th Congress (2023-2025)Failed

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".

Introduced July 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 10:38 AM UTC

The joint resolution seeks to use the Congressional Review Act to overturn a rule issued by the Food and Nutrition Service that updates how the agency applies the Supreme Court’s Bostock decision to discrimination complaints. If approved, the rule would be nullified and have no legal effect. The action affects the Food and Nutrition Service and any programs that would have followed the rule’s guidance.

Key Provisions

  • Congress disapproves the Food and Nutrition Service’s rule on applying Bostock v. Clayton County to program discrimination complaint processing, rendering the rule ineffective.

Legislative Activity

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6 earlier actions
SenateFloor Latest Action

Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.

October 26, 2023

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SenateIntro Referral

Introduced in Senate

July 27, 2023

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

July 27, 2023

SenateCommittee

Senate Committee on Agriculture, Nutrition, and Forestry discharged, by petition, pursuant to 5 U.S.C. 802(c).

October 17, 2023

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.

October 17, 2023

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S5210)

October 26, 2023

SenateFloor

Failed of passage/not agreed to in Senate: Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.

October 26, 2023

SenateFloor

Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.

October 26, 2023

Floor Debate

24 members

What members said about S.J.Res. 42 on the floor

13 Republicans9 Democrats2 Independents
Charles E. Schumer
Sen. Charles E. SchumerD-NY · Nov 1, 2023

Mr. President, so last night, I filed cloture on President Biden's nominees to serve as Chief of Naval Operations and Chief of Staff to the Air Force, the remaining vacancies on the Joint Chiefs of…

Bernard Sanders
Sen. Bernard SandersI-VT · Nov 1, 2023

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the situation in Gaza today is a disaster. Congress must take action. The administration must…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Nov 1, 2023

Madam President, let me say that I associate myself with the remarks that were just made by the previous two speakers--the senior Senator from the State of North Dakota and the distinguished Senator…

Mitch McConnell
Sen. Mitch McConnellR-KY · Nov 1, 2023

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I have spoken frequently about the clear links between the biggest national security challenges…

Shelley Moore Capito
Sen. Shelley Moore CapitoR-WV · Nov 1, 2023

Madam President, I rise today to address this Chamber at an increasingly important moment in our Nation's history, to discuss the national security issues that we are currently facing and the ways in…

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Patty Murray
Sen. Patty MurrayD-WA · Nov 1, 2023

Mr. President, for the information of the Senate, starting at 2:30 p.m. today, the following amendments are expected to be called up and made pending: Cruz No. 1249 and Lee No. 1121. Upon disposition…

Roger Marshall
Sen. Roger MarshallR-KS · Oct 26, 2023

Mr. President, it is always a great honor to come to this hallowed floor to fight for our youth, our Nation's greatest treasure. I would ask the White House to leave our kids alone. They are the ones…

John Thune
Sen. John ThuneR-SD · Nov 1, 2023

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we recently learned that fiscal year 2023 set a new record for the number of illegal immigrants…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Nov 1, 2023

Madam President, we just heard from the Senator of North Dakota talking about the imperative of ensuring that our borders are secure, particularly at the southern border. We had an opportunity…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Nov 1, 2023

Madam President, I rise to discuss the Senate's urgent need to confirm nominations of Rebecca Lutzko to be U.S. attorney for the Northern District of Ohio and April Perry to serve as U.S. attorney…

Christopher Murphy
Sen. Christopher MurphyD-CT · Oct 26, 2023

I ask unanimous consent that I be permitted to speak for up to 5 minutes and Senator Stabenow be permitted to speak up to 1 minute prior to the scheduled vote. Mr. President, on the merits, this…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Oct 26, 2023

Mr. President, also from Michigan, it is wonderful to see you in the Chair. Mr. President, I want to explain how we got here today because you are going to hear a lot of things that are just false…

Deb Fischer
Sen. Deb FischerR-NE · Nov 1, 2023

Madam President, we have heard story after story this past month about Hamas's brutal ground attacks on Israel. Hamas militants murdered Israelis and Americans alike as they stormed places, from…

Show 11 more
John Hoeven
Sen. John HoevenR-ND · Nov 1, 2023

Madam President, yesterday, the Senate Appropriations Committee heard from the Secretary of Defense and the Secretary of State about the administration's request for supplemental appropriations. We…

Rand Paul
Sen. Rand PaulR-KY · Nov 1, 2023

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that there be up to 4 minutes of debate equally divided on Senate…

Ted Cruz
Sen. Ted CruzR-TX · Oct 26, 2023

Mr. President, I rise today to support Senator Marshall's resolution of disapproval of this outrageous rule. I have to say, as I sat here on the Senate floor, I listened to my friend from Hawaii give…

Kevin Cramer
Sen. Kevin CramerR-ND · Nov 1, 2023

Mr. President, I call up my amendment No. 1241 and ask that it be reported by number, as I intend to withdraw the amendment shortly due to majority party mischief. Mr. President, the Senate has been…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Nov 1, 2023

Madam President, the Senate is about to cast its vote--a key vote--on passage of the first package of fiscal year 2024 appropriations bills. They include the Military Construction-VA bill, the…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Nov 1, 2023

Mr. President, I rise today about a resolution to make it harder for students--all students--to have access to school meals. I am referring to S.J. Res. 42. We deal with a lot of complex issues here…

Brian Schatz
Sen. Brian SchatzD-HI · Oct 26, 2023

Mr. President, Republicans need to leave the kids alone-- leave the kids alone. Right now, they are trying to deny food to LGBTQ kids because they have disagreements about policies concerning trans…

J. D. Vance
Sen. J. D. VanceR-OH · Nov 1, 2023

Madam President, reserving the right to object, the Senator from Illinois has made two comments that I would like to respond to. First of all, I think it takes a special amount of gall to be from Joe…

Sherrod Brown
Sen. Sherrod BrownD-OH · Nov 1, 2023

Mr. President, I rise today to speak in opposition to the Paul amendment. Members of both parties have always agreed an independent--underscore independent--central bank is critical to a functioning…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Nov 1, 2023

Mr. President, I rise to provide a brief statement on the rollcall votes on October 26, 2023. I was unable to attend the votes because I was in Maine to respond to a mass shooting in Lewiston, ME.…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Oct 26, 2023

Mr. President, I rise today in strong opposition to S.J. Res. 42, which I view as a cruel effort to green-light discrimination against LGBTQ+ children. My colleagues--some of them--across the aisle…

Bill Text

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Placed on Calendar SenateIssued October 17, 2023

IIA

Calendar No. 229

118th CONGRESS

1st Session

S. J. RES. 42

IN THE SENATE OF THE UNITED STATES

July 27, 2023

Mr. Marshall (for himself, Mr. Cotton, Mr. Lankford, Mr. Risch, Mrs. Blackburn, Mr. Braun, Mr. Hawley, Mr. Crapo, Mr. Wicker, Ms. Ernst, Mrs. Britt, Mr. Mullin, Mr. Tillis, Mr. Vance, Mr. Lee, Mr. Scott of Florida, Mr. Cruz, and Mr. Rubio) introduced the following joint resolution; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

October 17, 2023

Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar

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.

That Congress disapproves the rule submitted by the Food and Nutrition Service relating to Application of Bostock v. Clayton County to Program Discrimination Complaint Processing—Policy Update (issued May 5, 2022, as a memorandum, and a letter of opinion from the Government Accountability Office dated June 5, 2023, printed in the Congressional record on June 7, 2023, on pages S1998–S2000, concluding that such memorandum is a rule under the Congressional Review Act), and such rule shall have no force or effect.

October 17, 2023

Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar