Virginia Foxx

Ms. FOXX

Ms. FOXX. Mr. Speaker, I rise today in support of a government that represents the people, not a bureaucracy that represents Washington's interests. Pending on the Supreme Court docket is Loper Bright Enterprises v. Raimondo, a case with the potential to overturn 40 years of bureaucratic overreach and restore the proper role of Congress, the courts, and the Presidency. Nearly 40 years of deference by lawmakers and judges to the executive has given rise to the administrative state, sometimes called the fourth branch of government. Over time, this unaccountable bureaucracy has gradually subverted the doctrine of separation of powers laid out by our Founders. According to the Constitution, Article I vests the power to make law in the Congress; Article II vests the power to enforce law in the Presidency; and Article III vests the power to interpret law in the courts. In no article are all three powers--to make, enforce, and interpret the law--jointly vested in a managerial bureaucracy of 1.8 million civil service employees. The very idea is offensive to our founding. However, at the heart of Loper Bright Enterprises v. Raimondo lies the doctrine of Chevron deference, a legal construct which would make our Founders turn in their graves. It is a 1980s judicial invention that shifts lawmaking powers from lawmakers and adjudicating powers from judges to a plenary executive branch. In the 1980s, Chevron deference may have been reasonably supported by those who believed faithful bureaucratic agents could be trusted to fill in areas where the law is silent. In 2023, the Biden administration's relentless pursuit of government power has disabused any dewy-eyed believer in faithful bureaucrats. The 40-year experiment of Chevron deference has allowed the bureaucracy to aggrandize nearly unlimited power, culminating in the Biden administration exceeding its authority from sea to shining sea and from cradle to grave with overregulation. Just recently, President Biden and Secretary Cardona tossed up a Hail Mary when their illegal, economically disastrous, taxpayer-funded student loan bailout for the wealthy arrived at the Supreme Court. The Supreme Court emphatically said no. It also said that such a scheme ``requires that Congress speak clearly before a Department Secretary can unilaterally alter large sections of the American economy.'' Nevertheless, the Biden administration continues to claim the power to implement its student loan bailout under even more ambiguous legal pretenses. President Biden's National Labor Relations Board, NLRB, is yet another example of the unforeseen consequences of Chevron deference. Within the NLRB, bureaucrats command the power to create law, execute law, and adjudicate legal conflicts. Under the Biden administration, the NLRB has issued sweeping rules regarding joint employer status and union elections, enforced said rules, and then adjudicated hundreds of cases, overturning longstanding preferences. The Committee on Education and the Workforce is working hard to conduct oversight of an agency that assumes it has lawmaking, law enforcing, and law interpreting power. These abuses, and many more, are the direct failure of the Chevron deference regime. For many in this body, fighting back against the Biden administration requires confronting an uncomfortable truth. Congress creates, enables, and abides by the administrative state when it passes statutory language without clear meaning. Congress' illegal delegation of its Article I authority and the accelerated transfer of legislative powers to unaccountable bureaucrats in the executive has been a fault of this body over decades and the fault of both parties. Today, there are over 123 statutes that enable the President and his agencies to circumvent ordinary lawmaking processes upon the declaration of a ``national emergency.'' The ultimate national emergency, however, is if unscrupulous politicians abdicate the power vested in them by the American people to make laws and instead make more legislators. Then, the people will have no means to hold their government accountable. In fulfilling House Republicans' Commitment to America, we are demanding accountability from the Federal Government. To fulfill the will of the people, the Court must repeal Chevron deference in Loper Bright Enterprises v. Raimondo. I pray next term that the Court reclaims and fortifies Congress' rightful powers.

Ms. FOXX

Ms. FOXX. Mr. Speaker, Julie Su has now exceeded the previous record for the longest duration between a Presidential Cabinet nomination and a confirmation--when the same party controls the White House and the Senate--since 1887. It is no surprise that Axios even dubbed her as ``Biden's forever nominee.'' That is not a title, and certainly not an accolade worthy of a gold star or pat on the back. For months on end, her nomination has languished before the Senate. This is a telltale sign that she does not have the votes. One doesn't need to be an expert in reading tea leaves to see that her nomination is on life support. Mr. Speaker, I will offer some much-needed advice to the Biden administration: rip the Band-Aid off already and pull Julie Su's nomination.

Ms. FOXX

Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.

Ms. FOXX

Ms. FOXX. Mr. Speaker, pursuant to House Resolution 597, I call up the bill (H.R. 3941) to prohibit the use of the facilities of a public elementary school, a public secondary school, or an institution of higher education to provide shelter for aliens who have not been admitted into the United States, and for other purposes, and ask for its immediate consideration in the House.

Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3941.

Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 3941, the Schools Not Shelters Act. In simplest terms, this bill ensures that any public K-12 or postsecondary education institution that houses illegal aliens will not receive a penny of funding from hardworking taxpayers. Tens of thousands of illegal aliens are pouring into cities across the country, and this administration does nothing to secure the southern border. At its height in May, the average number of illegal border crossings averaged 10,000 per day. It is unsustainable and a slap in the face of Americans and those who come legally. What is worse, Biden's allies at the State and local level have proposed using public school facilities to accommodate the influx. Schools are for educating students, not housing illegal aliens. That statement shouldn't be controversial. Yet, somewhere along the way, the left diverged from reality and lost sight of what is best for students. Take New York, for example. New York City Mayor Eric Adams recently announced plans to allocate up to 30 public school gymnasiums as overflow to house illegal aliens. Governor Hochul doubled down by expressing interest in housing 1,500 illegal aliens in dorms at a few SUNY campuses. Adult illegal aliens, not children, were already being housed in Brooklyn at Public School 188 facilities by mid-May. Because of the thousands of migrants coming into New York City every week, New York City officials have stated they are in no position to take anything off the table when it comes to housing migrants. Unfortunately, these actions set a precedent for other localities to follow. For example, in Chicago, 800 illegal aliens are being housed in two colleges. H.R. 4931 puts a stop to this and for good reason. First, housing illegal aliens in public schools diverts educational resources away from students already reeling from the effects of prolonged school closures during the pandemic. An entire generation of students has fallen behind academically. If you want proof, look no further than the latest NAEP student test scores for math, reading, civics, and history. They are abysmal. Every educational resource available must be aimed at getting students back on track. Unfortunately, that is not a reality for many school districts. In El Paso, surges in illegal aliens required the city to spend $300,000 a day in 1 month alone. That is nearly $10 million in 1 month, every dollar of which should have gone to students and our citizens. Second, these policies drain institution budgets. It was reported that campuses within the University of Maine system that considered housing illegal aliens found that doing so would require millions to renovate unused facilities. Beyond giving an old building a facelift, consider the recurring costs: electricity, water, and transportation, and those are just the basics. Make no mistake; institutions that bear increased costs to house illegal aliens will ultimately transfer that burden to students through tuition hikes or the American taxpayer. Third, these actions perpetuate this administration's illegal border policies. Like many of the left's policies, they are shortsighted and do not address the root challenges that they are intended to solve. Housing illegal aliens in educational facilities is no different. President Biden caused this mess at the southern border. He, along with his allies at the local and State level, should be the ones paying for their disastrous policies, not schoolchildren or postsecondary students. Above all, consider this: No State, no city, no school district, and no institution is immune to the effects of an open border. Because of President Biden, every State has become a border State. What we are voting on in the Schools Not Shelters Act is a change of priorities; putting students and taxpayers above the failed policies of President Biden. The Schools Not Shelters Act sends a message that Republicans will not stand for the left's sanctuary cities that continue to run cover for this administration. Nothing outweighs the success and safety of students. Mr. Speaker, I reserve the balance of my time.

Ms. FOXX. Mr. Speaker, I reserve the balance of my time.

Ms. FOXX. Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr. Molinaro), who introduced this legislation.

Ms. FOXX. Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Good), chair of the Health, Employment, Labor, and Pensions Subcommittee of the Education and the Workforce Committee.

Ms. FOXX. Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. Bean), who is chair of the Early Childhood, Elementary, and Secondary Education Subcommittee of the Education and the Workforce Committee.

Ms. FOXX. Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. D'Esposito).

Ms. FOXX. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

Ms. FOXX. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, housing illegal aliens in public educational facilities is downright dangerous, drains educational resources, and distracts school districts and universities from their primary mission of educating students. This Chamber sees many rigorous debates about all types of issues facing the American people. I never imagined there would be a debate over the primary function of schools. Since when did schools being used for learning become a novel idea? The Schools Not Shelters Act delivers a dose of reality to the Biden administration and the left who are putting students second to their open border policies. Enough is enough. I urge my colleagues to vote for this important bill and stand up for students' well-being and academic success. Mr. Speaker, I yield back the balance of my time.

Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.

Ms. FOXX

Ms. FOXX. Madam Speaker, I rise to recognize a Grammy Award-winning country music artist and a proud native of Mount Airy, North Carolina, Donna Fargo. On July Fourth, the town of Mount Airy unveiled a mural honoring Donna and the countless contributions she has made to the country music community. I was incredibly fortunate to attend this event and to hear Donna speak about her unwavering faith in God, her small-town roots, and why she believes that Mount Airy is the best place in all the world to live. It is no wonder why hundreds of Mount Airy citizens lined the streets that day to celebrate Donna, view her mural, and listen to her speak. Her story and her music continue to touch the lives of many. Madam Speaker, I congratulate Donna on this well-deserved recognition. Not only is she Mount Airy's favorite daughter, but she is also a shining example of the best that western North Carolina has to offer. Charter School Success Study

Ms. FOXX. Madam Speaker, it is undeniable that charter schools provide students with excellent opportunities in education, which give them capabilities they can use to pursue the American Dream. When students are allowed to learn in an environment that works best for them and one that accounts for their individual proficiencies, they flourish. This is a simple fact. A recent study conducted by Stanford University's Center for Research on Education Outcomes analyzed the educational performances of 1.8 million charter school students. The study found that these students outperformed their traditional public school counterparts on multiple metrics. The typical charter school student gained the equivalent growth of 16 additional days of learning in reading and 6 additional days in math compared to their peers in traditional public schools. At a time when the reading and math scores of our Nation's students have plummeted, the results of this study serve as a beacon of hope for millions of American families. Simply put, charter schools serve as conduits of opportunity. For example, the study revealed that, on average, Black students who were enrolled in charter schools gained the equivalent growth of 35 days in reading and 29 days in math compared to their public school counterparts. Hispanic students in charter schools were recorded as having a sizable leg up, as well. When it came to reading, they were 30 days ahead. In math, they were 19 days ahead. These results make a succinct and compelling argument as to why charter schools are viable alternatives to traditional public schools. Unfortunately, the success of charter schools is being outright ignored by the Biden administration. This is predictable behavior, mainly because the educational bureaucracy and teachers unions have President Biden wrapped around their little fingers. The defenders of the status quo, those who fight tooth and nail to prop up failing public schools, can rest assured that the Education and the Workforce Committee will not be joining them in their future efforts. Instead, the committee will continue to promote choice so parents and students are empowered to choose the best learning environment that meets their needs. The status quo is withering and dying on the vine. This is sad, but there is an alternative, and that is something to celebrate.

Ms. FOXX

Ms. FOXX. Madam Speaker, pursuant to House Resolution 524, I call up the resolution (H. Res. 461) condemning the use of elementary and secondary school facilities to provide shelter for aliens who are not admitted to the United States, and ask for its immediate consideration.

Ms. FOXX. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of H. Res. 461, a resolution condemning the use of elementary and secondary school facilities to provide shelter for aliens who are not admitted to the United States. Round condemnation of adult, illegal migrants sharing facilities with schoolchildren would be supported by both sides of the aisle but for one simple reason. It would require Democrats to confront the tragedy of their own making at the southern border. The rhetoric from the left deploys flowery language to address the flooding of migrants into our country. It is a scam. Democrats must confront reality. There are real human consequences to losing operational control of our southern border. Democrats have plunged our southern border into chaos, trafficking, and bloodshed. Last year, 2.76 million migrants illegally crossed our southern border. Over 800 of them died making the journey. Customs and Border Protection also seized 14,700 pounds of fentanyl in fiscal year 2022. In a year in which 110,000 Americans fatally overdosed on drugs, each pound of fentanyl missed by Customs and Border Protection has the potential to kill over 200,000 people. The encounters, the deaths, and the trafficking are a three-, four-, and five-time increase over the last year of the Trump administration. We have a deadly opioid epidemic, a human trafficking epidemic, and an overall humanitarian epidemic at our southern border, all stemming from the Biden administration's policies. H. Res. 461 is a crystal-clear rebuke of the chaos at the border. It applies to K-12 institutions because, make no mistake, Democrats are making elementary, middle, and high schools a battleground for chaotic border policies. In New York City, Mayor Eric Adams planned to house migrants in up to 20 current and former public school gymnasiums. In Chicago, local leadership is reportedly considering housing hundreds of illegal immigrants in a shuttered high school. Housing migrants in public schools is not a new occurrence. CNN, CBS, and the New York Post have all uncovered instances of this already happening across the country. For Mayor Adams and Governor Hochul, these plans are a mere formalization of their unwillingness to enforce the law. This is what Republicans mean when we say every State is a border State and every town is a border town. Moreover, the collateral of this broken policy are America's schoolchildren. It is completely unacceptable. Turning schools into housing centers for illegal immigrants distracts schools from their mission. Schools should be focused on helping students recover from devastating pandemic-era learning loss. We know that children are suffering in the wake of the pandemic. Math and reading scores have plummeted to their lowest level in years. Forcing schools to shelter illegal immigrants will not help with that. Additionally, hosting illegal immigrants on school campuses poses a significant safety risk to schoolchildren and compromises schools' ability to secure their own campuses. Furthermore, using school gymnasiums as housing for illegal aliens may impede children's access to safe recreation and physical education. It may force children to spend their entire school day with little exercise and may disrupt the ordinary routines of the school day. As always with the Republican Party, threatening the safety of our children is a nonstarter. We are voting on a resolution today to condemn the threat posed to our children. Our resolution condemns the breakdown of law and order at the southern border. It condemns the lawlessness perpetuated by blue cities and States like New York. I hope the entire body votes for the passage of H. Res. 461 and sends a message to America that there is no substitute for a secure border. Madam Speaker, I reserve the balance of my time.

Ms. FOXX. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from Iowa (Mrs. Miller-Meeks), the author of this resolution.

Ms. FOXX. Madam Speaker, I yield 2 minutes to the distinguished gentleman from New York (Mr. Williams), a member of the Education and the Workforce Committee.

Ms. FOXX. Madam Speaker, I yield an additional 30 seconds to the gentleman from New York.

Ms. FOXX. Madam Speaker, I yield 2 minutes to the distinguished gentleman from New York (Mr. D'Esposito).

Ms. FOXX. Madam Speaker, I yield 3 minutes to the distinguished gentlewoman from New York (Ms. Malliotakis).

Ms. FOXX. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H. Res. 461.

Ms. FOXX. Madam Speaker, I reserve the balance of my time.