Candice Miller

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 3846, the United States Customs and Border Protection Authorization Act, and I certainly want to thank my colleagues, the chairman of the full Homeland Security Committee, Mr. McCaul, and the ranking member, Mr. Thompson, and my ranking member on the subcommittee, Ms. Jackson Lee. The Homeland Security Committee has a strong history of collaboration and bipartisanship, and I think this bill illustrates our ability to find consensus as we work to strengthen the homeland. This is a very important day not only for the men and women of Customs and Border Protection, CBP, but also for the U.S. House of Representatives. This past week actually marks the 10-year anniversary of the release of the 9/11 Commission's recommendations to Congress. While most of these recommendations were implemented, unfortunately, several remained unfulfilled or incomplete. Among one of the most important incomplete recommendations was for Congress to create a single, principal point of oversight and review for homeland security. The fractured jurisdiction over the Department of Homeland Security has certainly limited Congress' ability to provide effective guidance to the third largest agency in the Federal Government. In the 10 years since the Department was created, it has never had a comprehensive reauthorization; and, as a result, components such as Customs and Border Protection have never been authorized in statute since being transferred to the Department of Homeland Security through the Homeland Security Act of 2002. While there remain several committees with overlapping oversight of the Department of Homeland Security, I believe this legislation that is on the floor today is a testament that this body can still work together to fulfill Congress' primary responsibilities under the Constitution. As I mentioned, CBP, with more than 44,000 law enforcement officers and agents, has never been formally authorized in statute. As a result, CBP operates on devolved authority granted to the Secretary of Homeland Security and on guidance provided by Congress through annual appropriation bills rather than from specific authority accorded to the component by its authorizers. H.R. 3846, the United States Customs and Border Protection Authorization Act, is the first attempt by Congress since the passage of the Homeland Security Act of 2002 and the creation of the Department of Homeland Security to clearly delineate the current authorities and responsibilities of the largest Federal law enforcement entity in our Nation. The fact that this agency has been operating for as long as they have without a clear statutory mandate from Congress and the American people certainly is a problem that needs to be corrected. The Homeland Security Act, when passed nearly 12 years ago, was sort of a snapshot in time that reflects the choices made by Congress to quickly cobble together 22 agencies. Now is the time to update the statute and make changes where necessary to reflect the current security missions of the Department within CBP, which have significantly evolved over the last decade. For example, after DHS was created, most of the authority for the work CBP currently performs was vested in a position called the Under Secretary of Border and Transportation Security. And if you haven't heard of it lately, it is because it was eliminated by then-Secretary Chertoff in 2005. Nonetheless, the position remains in law. I use that as an example. So this bill is a first step in fixing outdated provisions from the source legislation that created the Department. Congress has the responsibility to give the Department of Homeland Security and its components the necessary direction through the regular authorization process, and this measure is a very important first step in doing so. This bill provides a basic outline of the missions and responsibilities that we give to the Commissioner of CBP and its subcomponents--such as the Office of Field Operations, the United States Border Patrol, the Office of Air and Marine Operations, the Office of Intelligence and Investigative Liaison, and the Office of International Affairs--so they know what this Congress expects. In addition to fixing the outdated provisions in the law, this legislation goes a long way in ensuring transparency and oversight in CBP. This bill also contains strong accountability measures to ensure that agents and officers respect civil rights, civil liberties and use force policies, especially with regard to the use of deadly force. With the ongoing crisis of unaccompanied children crossing the border in ever-increasing numbers, making sure that we understand the root causes of the surge is vitally important as well. This bill includes a provision that takes a very hard look at why these children are coming so that we can provide the men and women of the Border Patrol and CBP the tools to stem the tide. Issues like the recent surge remind us of why we need to continually update the authorities of key law enforcement agencies within the Department of Homeland Security. CBP's mission continues to change, and this Congress has a duty to give our officers and the agents proper authorities to carry out their important work. Finally, I want to commend the work and the assistance of CBP and the Department of Homeland Security over the past 2 years since we have started the intricate task of cleaning up the Homeland Security Act. Their assistance really helped to make this bill much better. I urge my colleagues, Mr. Speaker, to support this good government, commonsense legislation. I reserve the balance of my time. House of Representatives, Committee on Ways and Means, Washington, DC, June 26, 2014. Hon. Michael McCaul, Chairman, Committee on Homeland Security, Washington, DC. Dear Chairman McCaul: I am writing concerning H.R. 3846, the ``United States Customs and Border Protection Authorization Act of 2014,'' which was favorably reported out of your Committee on June 11, 2014. Given that numerous provisions in the bill are within the jurisdiction of the Committee on Ways and Means, I appreciate that you have addressed these provisions in response to the Committee's concerns. As a result, in order to expedite floor consideration of the bill, the Committee on Ways and Means will forego action on H.R. 3846. This is also being done with the understanding that it does not in any way prejudice the Committee with respect to the appointment of conferees or its jurisdictional prerogatives on this or similar legislation. I would appreciate your response to this letter, confirming this understanding with respect to H.R. 3846, and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during Floor consideration. Sincerely, Dave Camp, Chairman.

Mrs. MILLER of Michigan. Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. McCaul), the chairman of the Committee on Homeland Security, who has been a very passionate advocate for this particular piece of legislation. It really has been under his direction that we have worked on this very much together.

Mrs. MILLER of Michigan. I would just advise, Mr. Speaker, I have no further speakers, so if the gentlewoman would like to close, I am prepared to close, and I reserve the balance of my time.

Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I may consume. I would just say in closing, first of all, I thought that the chairman of the Homeland Security Committee, Mr. McCaul, made some excellent, excellent remarks. One of the things that he said that is absolutely true, and I know all of us feel this, is every time we talk to a CBP officer, one of the men and women who so bravely secure our borders, they can't quite believe that Congress has never authorized their agency. It is not a great thing for their morale that we have never really paid them the attention that they deserve. So I think this bill is, as I said at the beginning of my remarks, such an important first step for this Congress to be able to do that. With the humanitarian crisis that is happening at our southern border with this tsunami of unaccompanied children that is coming in, we all see the video each and every day of our brave men and women, our CBP officers, trying to handle that. They have responsibilities there, things that they are doing there that are taking them away, quite frankly, as they are handling the children, taking them away from their duties and responsibilities of stopping the drug cartels, et cetera, from entering our borders. I just think this bill is incredibly important. I would also mention as well, as we talk about the issues on the southern border, which are certainly in all of our news each and every day, but America has more than one border. We have the northern border as well. I see the dean of the House, Mr. Dingell, is on the floor. He and I, both being from the northern border State of Michigan, have worked together very diligently on northern border issues. We have in Michigan the two busiest northern border crossings on the entire northern tier of our Nation there. Again, our CBP officers have stopped so many that wish our Nation harm, whether that is human smuggling or drug smuggling or what have you, we have some unique dynamics on the northern border as well, as well as our maritime border. Mr. Speaker, this is a very, very important bill. Again, securing the homeland is certainly foremost of all of our responsibilities. I would once again urge our colleagues to support H.R. 3846, the United States Customs and Border Protection Authorization Act, and I yield back the balance of my time.

Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3846) to provide for the authorization of border, maritime, and transportation security responsibilities and functions in the Department of Homeland Security and the establishment of United States Customs and Border Protection, and for other purposes, as amended.

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3202) to require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes, as amended.

Mrs. MILLER of Michigan. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.

Mrs. MILLER of Michigan. I yield myself as much time as I may consume. Mr. Speaker, I rise in very strong support of H.R. 3202, which is called the Essential Transportation Worker Identification Credential Assessment Act, commonly referred to as TWIC, which I will now call TWIC. That is a mouthful. First, I would certainly like to thank the gentlewoman from Texas (Ms. Jackson Lee) for introducing this very thoughtful legislation. She has really worked very diligently on this in a very bipartisan way. We have worked together to move this legislation through our subcommittee and through the full Committee on Homeland Security. This bill will really help Congress determine the value of the TWIC program and simultaneously allow the department to proceed apace with finalizing the long-awaited card reader rule. I mentioned I am a cosponsor of this bill because it really responds to key recommendations of the GAO that the TWIC program should have a baseline security assessment before the program moves forward. As many of my colleagues with ports in their districts know, TWIC is a port security program that has been wrought with constant delays and questions about its overall security value. Last year, the Border and Maritime Subcommittee that I am honored to chair held a hearing with the Coast Guard, with the TSA, and with the GAO on the TWIC program and the ongoing concerns that we have with it, and this legislation, Mr. Speaker, is really a result of that oversight. Now, it may be hard to believe, but more than a decade after the legislation that required TWIC was first enacted, there has been no security or effectiveness assessment of the program to assess the underlying assumptions of the security and access control concerns that the card was intended to mitigate. This bill seeks to answer the simple question: How, if at all, does TWIC improve maritime security? It should have been one of the very first things that the department did when it began to implement this program, and this bill ensures that it finally gets done. The TWIC card was initially designed to prevent terrorists from gaining access to sensitive parts of our Nation's ports through the use of biometric-enabled credentials. However, with no biometric reader regulations in place, the TWIC card currently is used really as a flash pass, since most facilities and vessels are neither currently required to nor voluntarily utilize biometric readers. The lack of biometric readers, therefore, limits the effectiveness of this program. For several years, members of the Homeland Security Committee have been calling on the department to release the card reader rule to provide some certainty to workers and to industry. We finally received the notice of proposed rulemaking over a year ago, which would require TWIC readers to be used at the riskiest 5 percent of all the TWIC- regulated vessels and facilities, and this comes, Mr. Speaker, nearly 6 years after workers were first required to pay for and to obtain a TWIC card. The delays are so significant that workers have already had to renew their biometric credentials in the time that it has taken to issue regulations on credential readers to actually utilize this biometric- enabled technology. While we certainly all agree that there is huge room for improvement with the TWIC program, putting it on hold for several more years, we think, would do more harm than good. The business community has been preparing for this TWIC rule for several years. This bill will give them certainty about the requirements of the program. It also allows the Coast Guard and the TSA to continue their efforts to deliver the port security program that Congress enacted several years ago. Finally, H.R. 3202 requires the GAO to perform consistent reviews of the TWIC program and to follow the changes the department makes as a result of the required assessment. This added level of review will provide Congress, especially the members of our committee, with progress updates for future legislative action. The proposed rule and open GAO recommendations lead to some very basic questions about mitigating threats, risk, and vulnerability at our Nation's ports and how the TWIC program should be used effectively to prevent a potential terrorist attack. We certainly have an obligation to get this right. Mr. Speaker, I would urge my colleagues to support H.R. 3202, and I reserve the balance of my time. Committee on Transportation and Infrastructure, House of Representatives, Washington, DC, July 8, 2014. Hon. Michael T. McCaul, Chairman, Committee on Homeland Security, Washington, DC. Dear Mr. Chairman: I write concerning H.R. 3202, the Essential Transportation Worker Identification Credential Assessment Act, as ordered reported, with amendment, by the Committee on Homeland Security on June 11, 2014. This legislation includes matters that fall within the Rule X jurisdiction of the Committee on Transportation and Infrastructure. In order to expedite floor consideration of H.R. 3202, the Committee on Transportation and Infrastructure will forgo action on this bill. However, this is conditional on our mutual understanding that forgoing consideration of the bill does not prejudice the Committee with respect to the appointment of conferees or to any future jurisdictional claim over the subject matters contained in the bill or similar legislation that fall within the Committee's Rule X jurisdiction. I request you urge the Speaker to name members of the Committee to any conference committee named to consider such provisions. Please place a copy of this letter and your response acknowledging our jurisdictional interest into the committee report on H.R. 3202 and into the Congressional Record during consideration of the measure on the House floor. Sincerely, Bill Shuster, Chairman.

Mrs. MILLER of Michigan. Mr. Speaker, I certainly want to associate myself with many of the comments that my ranking member on the subcommittee has made in regards to maritime security. It is interesting on Homeland Security, both our subcommittee and the full committee as well, how we do work in a very bipartisan fashion. Really, the first and foremost responsibility of the Federal Government is to provide for the common defense, whether it's national security or homeland security. With all the issues that are facing our Nation, we think about the potential for terrorist attacks, and this piece of legislation really focusing on the maritime security of our ports throughout our Nation is, I think, so incredibly important, and so I am just delighted that we were finally able to bring it to the floor. I would certainly, again, urge all my colleagues to support this very strong, very bipartisan piece of legislation, and I yield back the balance of my time.

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Speaker, I rise today to recognize the 100th anniversary of the Congressional Research Service, otherwise known as CRS on Capitol Hill. CRS is a unit of the Library of Congress that provides policy analysis to Members of Congress and our staffs. CRS is a tremendous resource for Congress. In 1914, in its wisdom, Congress created the predecessor to CRS, named the Legislative Reference Service, to help support our work. In 1970, the Legislative Reference Service was expanded and became CRS. These days, we rely on CRS to provide us with authoritative and objective information so we can do our jobs. CRS has an impressive repository of reports on subjects we consider, and we look to CRS and the professionals who make up its workforce to provide us with factual and nonpartisan answers. I congratulate CRS on its Centennial, and we look forward to another 100 years of service to Congress.

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Speaker, first of all, I certainly want to thank Mr. Meehan for his diligent work on this issue--for quite a long time, actually. He raised concerns with the Department of Homeland Security preclearance operations very early on, and his leadership has been so important to the success of this bill and where we are today. You know, really, I think there have been few issues that have kept CBP leadership busier over the last year than preclearance. The troubled rollout of the preclearance in Abu Dhabi caused an awful lot of consternation in the Congress. The preclearance facility in Abu Dhabi was the first such operation established since 9/11 based primarily on a security rationale. Therefore, the lack of appropriate congressional coordination and notification troubled many Members on both sides of the aisle. In fact, preclearance operations were the subject of a limitation amendment to last year's Department of Homeland Security Appropriations bill that I cosponsored with Mr. Meehan. The bill under consideration today is sort of a fusion of Mr. Meehan's original text and then the FY14 Consolidated Appropriations Act, as well as Ms. Jackson Lee's bill on this topic also, and it was very carefully crafted after numerous consultations with the Department of Homeland Security, the airline industry, and, again, Members from both sides of the aisle. It really sets the contours for future preclearance operations which incorporate a series of notifications and certifications, including a justification that outlines the homeland security benefit and impact to domestic staffing and wait times that any new preclearance operations would have. Moreover, Mr. Speaker, this bill requires Congress to be notified in the event that the Department of Homeland Security modifies or changes an existing agreement. I certainly want to be clear that the House Homeland Security Committee supports preclearance where it makes sense. Preclearance, of course, has been around as a security screening and trade facilitation tool since the early 1950s actually, and since 9/11, the security value of these operations has only been heightened. However, this bill makes it absolutely clear that the Department of Homeland Security cannot repeat the mistakes of the past. I would also like to just thank Chairman Camp of the Ways and Means Committee, who helped work with us with the Homeland Security Committee to get this bill to the floor today. Again, I certainly want to thank Mr. Meehan and other Members who have worked hard to make sure that the American airlines are not negatively impacted by future preclearance operations overseas.

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Chairman, I have an amendment at the desk.

Mrs. MILLER of Michigan. Mr. Chairman, I offer this amendment because I stand shoulder to shoulder with the troops on the ground, any one of whom will tell you that the champion workhorse aircraft in theater in both Iraq and Afghanistan has been the A-10. Now, it might be an old airplane, but I will tell you it has been proven to be ideally suited for its mission. It is lethal, it is incredibly effective, and when our troops on the ground, Mr. Chairman, hear it coming, they know what it means. But guess what? So does our enemy, because they know pain is coming their way. The Air Force wants to save money, but they don't have an adequate follow-on at this time. And with what is happening in Iraq and the Middle East, eliminating the A-10 is the absolutely wrong move. Army Chief of Staff General Odierno says that the A-10 is the best close air support aircraft, and I agree, and, most importantly, so do our brave men and women on the ground. The A-10s were authorized in both the House and Senate Armed Services Committee, and I urge my colleagues to continue their support and vote ``yes'' on this amendment. Mr. Chairman, at this time, I am pleased to yield 2 minutes to the gentleman from Arizona (Mr. Barber), the cosponsor of this amendment.

Mrs. MILLER of Michigan. Mr. Chairman, I would yield at this time 30 seconds to the gentleman from Georgia (Mr. Austin Scott).

Mrs. MILLER of Michigan. Mr. Chairman, at this time, I yield 1 minute to the gentleman from Utah (Mr. Stewart) who has very personal experience with the ability of the A-10.

Mrs. MILLER of Michigan. Mr. Chairman, I would urge all of our colleagues to join us in supporting our troops by supporting this amendment, and I would say before you vote ``yes'' or ``no,'' speak to those who have actually fought in combat on the ground in the battle zones of Iraq and Afghanistan, and I am very confident that the message you will hear from them will be the same message that all of us have gotten, and that is to keep the A-10 flying. Mr. Chairman, I yield back the balance of my time.

Mrs. MILLER of Michigan. Will the gentleman yield?

Mrs. MILLER of Michigan. I would just indicate that we had several other amendments that we offered up to the committee, but we were told there would be a point of order on those amendments, so we had offsets articulated in those amendments, so we were looking for additional dollars.

Mrs. MILLER of Michigan. Mr. Chairman, I demand a recorded vote.

Mrs. MILLER of Michigan

Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res 100) authorizing the use of the rotunda of the Capitol for a ceremony to commemorate the 50th anniversary of the enactment of the Civil Rights Act of 1964.

Mrs. MILLER of Michigan. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on the concurrent resolution.

Mrs. MILLER of Michigan. Mr. Speaker, I rise in support today of House Concurrent Resolution 100, authorizing the use of the rotunda of the Capitol for a ceremony to commemorate the 50th anniversary of the enactment of the Civil Rights Act of 1964. It is certainly fitting that we take pause and recognize the passage of this historic landmark legislation that was passed into law and the events in our Nation that called upon its leaders to act all those years ago. The passage of the Civil Rights Act was a major step forward for America that finally allowed our great Nation to truly live up to its creed found in the Declaration of Independence that all men are created equal. 188 years following the adoption of the Declaration of Independence, 99 years after the conclusion of the Civil War, and after decades of struggle by great leaders like Martin Luther King and so many Americans who fought valiantly, broad bipartisan majorities of both Houses of Congress came together to ensure equality for every American. The passage of the Civil Rights Act was a very proud moment for the House of Representatives because America faced a time of choosing in 1964, and together, our Congress rallied and voted to strengthen individual protections and rights, and voted to end discrimination and segregation 50 years ago. The Civil Rights Act still remains one of the most important pieces of legislation that has ever been debated in our Chamber and instituted across our great Nation, not only for people of color or different nations of origin, but for each and every American, regardless of gender or socioeconomic status or their religious background. Our Nation has a very vibrant and rich history, and that moment, 50 years ago, when many different people of various walks of life joined together and, in one voice, called for equality stands as one of the most monumental in our history. Our Nation stood as a witness to those who led and participated in civil rights protests such as the March on Washington, sit-ins at lunch counters, and maintaining one's seat on a bus and refusing to move solely based on one's color of one's skin. Fifty years ago, so many risked prison or worse to overcome huge odds and stand for what they truly believed must be changed. Their contributions reverberated across every State and every town and every home. Many took up roles as spokespersons, using their talents or what was available to them to make peaceful statements. Several have joined this Chamber as Members. I see John Lewis has joined us today, and I am just very proud to be able to serve with a man of his historic background and distinguished service to our Nation, Mr. Speaker. These people were pillars, absolutely pillars of strength. They used their courage to meet injustice head-on, and they are memorialized in the history that we carry forward. The actions of those individuals called on every citizen of our Nation to recognize and to listen to the struggles of others and to support the call for a change to our laws. So many individuals from all walks of life rose up and lifted their voices to add to the call for change in our Nation, and they stood for all of those who were to come after them in the next generation and for the betterment of their lives. They brought their concerns to the forefront of our political stage and they spoke for all of us, men, women, rich or poor. In my home State of Michigan, Mr. Speaker, we were blessed to have so many great leaders in this movement, but one of those individuals was truly a civil rights icon who became a treasured member of our community. Rosa Parks inspired countless Americans with her grace, her dignity and strength, and through the simple yet profound act of refusing to give up her seat on a bus, she continued her advocacy for equality and freedom and inspired so many others who have carried the cause for individual rights forward to this very day. She also has a connection to this House with another Member of Congress as well, a Michigan colleague of mine, John Conyers, who was also a recognized leader in the civil rights movement. As we mark this 50th anniversary of the Civil Rights Act, we remember the efforts, the struggles, and the achievement of those who stood for equal rights. They saw to it that America will make good on its promise for every individual to obtain justice, freedom, and equality. It is certainly fitting, Mr. Speaker, that the House and the Senate join together later this month to formally remember and pay tribute to our Nation's civil rights attaining this milestone. Mr. Speaker, I reserve the balance of my time.

Mrs. MILLER of Michigan. Mr. Speaker, I continue to reserve the balance of my time.

Mrs. MILLER of Michigan. Mr. Speaker, I continue to reserve the balance of my time.

Mrs. MILLER of Michigan. Mr. Speaker, I yield myself 1 minute to say that the gentleman from Georgia, Representative Lewis, mentioned the term ``heroes.'' He truly is a hero, an American hero, a treasure. In the 12 years I have been honored to be a Member of Congress, anytime I hear him come to the floor and talk about civil rights, someone who has actually lived it, I wish I could take him home and have him talk to groups of schoolchildren, and I know he does that in his own district and around the country. Because every time the gentleman from Georgia, as well as Representative Clyburn and so many others come to this floor to talk about the civil rights movement, it really is very moving, and it makes us all think about, before we are anything, we are Americans first, and he truly is a hero. I will continue to reserve the balance of my time.