Providing for Congressional Disapproval Under Chapter 8 of Title 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''

Floor Speech

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Mr. MARSHALL. 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 that have picked this fight. It is the White House that won't leave our kids alone.

I rise in support of S.J. Res. 42, which would strike down a policy memorandum regarding the Federal school lunch program that the USDA issued that has been weaponized against our youth. That is right. This administration is using school lunches to attack our youth, to implement their transgender policies.

Let me begin by stating as a physician, as an OB/GYN, I devoted my entire life to the health and well-being of moms and children. From a mother's first visit to our office to the baby's birth and during the childhood, nutrition is a key to the healthy development and growth of every infant, toddler, and school-age child. During my time as a doctor and now on Capitol Hill, there is nothing I stress more to moms than the importance of nutrition.

With that being said, I would like to make it abundantly clear as I address this Chamber, there is no greater champion for children's health and nutrition than me. That is why, as you can imagine, I am deeply troubled by the way my friends across the aisle have described the intent of this resolution today. I am actually shocked by just how wrong and, frankly, deceitful they are with their tactics and messaging on this CRA.

Let me be clear, the only player in this policy fight that wants to and has actually suspended access to the school lunch program is the Biden administration. After 3 years, I thought I had seen it all when it came to what this current administration is willing to do in order to force its radical transgender agenda on the American people. Unfortunately, we have underestimated how committed they are to forcing this harmful ideology on all of us.

Today, I am bringing this resolution to the floor to expose the lengths the Biden administration is willing to go to appease the far- left factions of their party. I learned a long time ago with this White House: Don't listen to what they say; watch what they do. Take note; observe their actions.

Listen to this: A memorandum issued by the USDA last May shows they have extended fighting the cultural war in a way that leaves school lunches for children hanging in the balance. Right now, as I stand here in this Chamber, the Biden administration is threatening food assistance for low-income kids unless the schools they attend carry out their transgender agenda, putting children's access to lunch at risk.

This resolution of disapproval we are considering today aims to overturn this horrific policy memorandum for the USDA which would deny low-income kids access to the Federal school lunch program if their school does not adhere to the Biden administration's mandate. This includes, but is not limited to, requiring biological boys to be given access to girls' bathrooms and locker rooms or allowing biological boys to compete in girls' sports.

We have heard all these stories of young women denied opportunities to win a championship or gain a scholarship because a biological boy was allowed to compete in their events. Listen, this is flat-out wrong. As someone who was a middle school student when title IX was enacted and I saw firsthand the value of that law to allow young girls to participate in school sports--many of whom went on to receive athletic scholarships--to see this action by the White House is heartbreaking.

The USDA memorandum would force Christian schools to abandon their religious beliefs. Listen, this is not hyperbole or political rhetoric. The Biden administration has already weaponized the school lunch program and suspended access to the school lunch program specifically in two schools, requiring both to file lawsuits over losing Federal food assistance.

In California, the USDA has actually taken away school lunch funding from kids because a Christian school refused to violate their closely held religious beliefs and their hiring policies because this school wanted to draw the workforce from a pool of individuals who share their values and live out their religious convictions. Children, including LGBTQ families, had their Federal funding for their lunches taken away. This is fact.

What is ironic here is there was an original case in Florida where USDA granted an exemption for religious schools and forced the Federal statute that includes a robust religious exception. But this year, a second lawsuit has been filed because the USDA wasn't abiding by the standard the statute set. If the USDA is not going to follow its own exemption and ignore Federal law, then we must act--and we must act today.

More than 20 Republican attorneys general agree with me and are suing the USDA over the policy memorandum. If this USDA policy continues, schools risk losing Federal funds for free and reduced lunches.

In total, more than 29 million students nationwide receive free or reduced lunch programs, something I am proud to support.

We must protect these children's food security, their privacy, and their safety at all costs. The USDA has no authority to force this on our children or the schools they attend; to adhere to woke mandate such as requiring boys to be given access to girls' bathrooms and locker rooms or allowing boys to compete against girls in girls' sports. The USDA has no authority to tell Christian schools they have to violate their religious beliefs.

I will wrap up it up with this. We must stop this policy dead in its tracks to protect access to school lunches for students across this country and send a clear message to this administration: Stop weaponizing the Federal Government.

Let me state again: The only player in this policy fight aiming to take away access to the school lunch program is the Biden administration. This CRA would not allow for discrimination against kids in the lunch line. That is protected by Federal law. It is in the statute.

With that, I encourage my colleagues to support its passage.

I would like to yield the remainder of my time to the Senator from the great State of Texas, Senator Cruz.
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Mr. MARSHALL. The only player in this policy fight that wants to take away lunches from schoolchildren is the Biden administration. Since they are unaware this is already happening, here are the two court cases where schools have had to sue in order to feed children at their schools. The first one is Grant Park Christian Academy v. Fried; the second, the Church of Compassion v. Johnson. The USDA was party to those.

I urge a ``yes'' vote.

I yield back. Vote on S.J. Res. 42
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