DHS Accountability Enhancement Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4038) to amend the Homeland Security Act of 2002 to reassert article I authorities over the Department of Homeland Security, and for other purposes.

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.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, I rise today in strong support of the bipartisan DHS Accountability Enhancement Act.

Mr. Speaker, the current threats confronting our homeland continue to evolve each and every day. They come from international terrorists, drug smugglers, human traffickers, hackers engaged in cyber warfare, transnational gangs like MS-13, and natural disasters.

To best address these threats, the American people need a Department of Homeland Security that is effective and accountable to the people it protects.

The Founding Fathers gave Congress the authority to write laws and give direction to the executive branch under Article I of our Constitution. Today, we have an important opportunity to reassert that constitutional authority.

The legislation before us eliminates an outdated provision that gives DHS overly broad authority to act on its own and reorganize without congressional approval. It is authority that was well-intentioned when it was first provided right after 9/11, but the time has come to rebalance this legislative equation.

Mr. Speaker, as you may be aware, it is the only authority of its kind in the entire executive branch. As Members of Congress, we have a solemn obligation to help protect the American people from anyone who wishes to bring us harm.

In the wake of 9/11, we reached across the aisle and worked together to create the Department of Homeland Security and demonstrated that the security of our homeland is not a partisan issue.

This is not just an academic exercise. On October 6 of this year, DHS used this authority for the first time in many years. We also want to work with DHS to support them, but continued use of this authority is not the best way to make the Department stronger.

I am proud to say that the Committee on Homeland Security, which I chair, has a strong bipartisan track record. This year we came together as Republicans and Democrats and passed the first-ever comprehensive reauthorization of DHS through the House with an overwhelming majority support.

Let's continue that progress today and pass this legislation. I also call on the Senate to pass our reauthorization of DHS as soon as possible so our country can be more secure.

I would like to thank Ranking Member Bennie Thompson, Congressman Vela, and all of the staff on the committee for their hard work on this issue. I urge my colleagues to support this bill.

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

Mr. Speaker, I once again urge my colleagues to support

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 4038, the DHS Accountability Enhancement Act. H.R. 4038, or the DHS Accountability Enhancement Act, strikes section 872 of the Homeland Security Act. Section 872 grants the Secretary of Homeland Security unilateral authority to reorganize the Department as long as the Secretary notifies Congress 60 days in advance.

H.R. 4038, this bill, rescinds this unilateral authority. As authorizers of the Department of Homeland Security, the Committee on Homeland Security is ultimately responsible for reorganization of the Department. H.R. 4038 reinforces this responsibility.

The separation of powers doctrine compels the elimination of the provision, which gives the Department of Homeland Security unilateral decisionmaking authority to reorganize the Department.

Moreover, it should be noted that this bill is not without precedent.

While considering H.R. 2825, the Department of Homeland Security Authorization Act of 2017, in June, the Committee on Homeland Security unanimously approved eliminating the language found in section 872 of the Homeland Security Act of 2002.

I believe that this legislation not only ensures this committee's involvement in reorganizations at DHS, but affirms the responsibility of Congress as authorizers.

Mr. Speaker, I strongly urge support of this bipartisan legislation. H.R. 4038 is necessary, commonsense legislation. An action as significant as the reorganization of an entire department and its components should be subject to the appropriate vetting and approval measures of this Congress.

I thank Chairman McCaul for working with Ranking Member Thompson on this issue both during the consideration of the DHS Authorization Act and now on this measure.

Mr. Speaker, I encourage my colleagues to support H.R. 4038, and I yield back the balance of my time.

Mr. Speaker, I rise in support of H.R. 4038, the Department of Homeland Security Accountability Enhancement Act. This legislation works to ensure stability in our nation's Department of Homeland Security (DHS) by requiring the Secretary to submit organizational changes for congressional approvaL

Our government is built upon a balance of power; arrangement has helped sustain our country for hundreds of years and is one of the most fundamental properties of our nation. H.R. 4038 ensures oversight of the DHS to guarantee that an appropriate balance of power is maintained. The DHS, the third largest department in the federal government, has already absorbed the Immigration and Naturalization Service and reorganized three new agencies since its creation in 2002. If the Secretary of DHS has the power to make extensive changes, he/she should be held accountable for them and should be required to obtain approval from Congress.

Furthermore, the current administration has been defined by unprecedented instability in the White House, with an extremely large turnover rate in President Trump's cabinet and administration. The DHS currently has no Secretary and is being run by an acting head who did not obtain congressional approval through the nomination process. This legislation would

prevent a Secretary that was not confirmed by the Senate from making changes without approval from the American people.

I support H.R. 4038 and I support demanding accountability from the cabinet departments. I urge my colleagues to do the same.