Gary Miller - U.S. House of Representatives (1999-Present) - Tenure

Tenure

Transportation and Infrastructure

Congressman Miller is the most senior Republican from the California delegation on the House Committee on Transportation and Infrastructure. He serves on the Highways and Transit; Railroads, Pipelines and Hazardous Materials; and Water Resources and Environment Subcommittees.

In 2005, Congressman Miller secured a provision in the 2005 SAFE-TEA LU Highway Reauthorization that initiated a pilot program where 5 states, including California would assume the responsibility for conducting the federal environmental review process required by the National Environmental Policy Act (NEPA). In California, the NEPA pilot program has shaved 17 months off of environmental review processes and 30 months off of overall project delivery. Streamlining Regulations and Review For Transportation Projects

During the 112th Congress, Miller has introduced legislation to build off the success of the 2005 pilot program to further improve highway project delivery by eliminating bureaucratic red tape and restoring greater control to state and local governments.

In June 2011, he introduced the Environmental Review Cooperation Act, which would make permanent a National Environmental Policy Act (NEPA) pilot program that authorizes five states – including California – to take on the responsibility of complying with NEPA for Federal Highway Administration (FHWA) funded projects. The bill would also expand the program to all states that have environmental standards that are equal to or exceed federal requirements.

In August 2011, Congressman Miller introduced the Breaking Down Barriers Act, which provides common sense proposals to make highway project delivery more efficient. HR 2766, The Breaking Down Barriers Act includes language that allows transportation agencies to move forward on construction activities prior to receiving grant funds, and requires prompt action by federal agencies by establishing deadlines for project approvals.

Energy

During the 111th Congress, Congressman Miller introduced a comprehensive energy bill that would reduce regulatory burdens that delay improvements and advancements in domestic energy production. The bill would open U.S. coastal waters for drilling, allow states to share a portion of the revenue derived from such drilling, and use the earnings from offshore drilling to pay down the national debt. The legislation also included energy tax incentives for wind, solar, biodiesel, clean coal technologies and other forms of energy.

Animal Welfare

During the 111th and 112th Congresses, Congressman Miller cosponsored the Puppy Uniform Protection Statute (PUPS) Act, which sets out to close loopholes in the 1966 law that allows breeders to sell puppies over the Internet without federal oversight. Specifically, this legislation requires any breeder who sells or offers to sell more than 50 dogs annually directly to the public, including over the Internet, to be licensed and inspected. The bill would also require that dogs in commercial breeding facilities have appropriate space and daily exercise.

Congressman Miller was an original co-sponsor of legislation in the 111th Congress to prohibit knowingly selling or offering to sell videos of animal crush videos in interstate or foreign commerce for commercial gain. This legislation, H.R. 5566, the Animal Crush Video Prohibition Act, was signed into law on December 9, 2010. In the 110th Congress, the Congressman sponsored the Animal Fighting Prohibition Enforcement Act, which imposes a fine and up to three years in jail for violations of the Animal Welfare Act related to sponsoring or exhibiting animals in an animal fighting venture and for buying, selling, or transporting any animal for participation in an animal fighting venture. This legislation became law on May 3, 2007.

Supporting Breast Cancer Research

Congressman Miller has co-sponsored legislation supporting Breast Cancer Deadline 2020, a call to action for policymakers, researchers, breast cancer advocates, and other stakeholders to end the disease by the end of the decade. H.R. 3067 would create a commission to identify promising research, encourage partnerships between government and the private sector, and create opportunities for trans-disciplinary collaboration that may advance the mission of ending breast cancer. Congressman Miller also cosponsored H.R. 466, legislation to reauthorize the sale of the Breast Cancer Stamp, with proceeds from the stamp going to the National Institute of Health to fund breast cancer research. Congressman Miller is also a long time supporter of the Department of Defense Breast Cancer Research Program.

During the 111th and 112th Congresses, Congressman Miller sent a letter to House Appropriations Committee requesting that appropriators include $120 million for the Department of Defense (DOD) Breast Cancer Research Program (BCRP) in defense appropriations legislation.

Veterans

During the 112th Congress, Congressman Miller cosponsored the Veteran Skills to Jobs Act, which addresses the high rate of veteran unemployment by streamlining the bureaucratic processes for veterans with relevant training to get jobs when they return home. Specifically, H.R. 4155 would direct federal agencies to view relevant military training as the equivalent of federal licensing and certification requirements.

Congressman Miller has also cosponsored H.R. 178, legislation to repeal the so-called “Widow’s Tax” and ensure military widows and families of military heroes will be fully protected. H.R. 178, also known as the Military Surviving Spouses Equity Act, would repeal current law that requires a dollar-for-dollar deduction of VA benefits for service connected deaths from military survivors’ Survivor Benefit Plan (SBP) annuity.

Anti-Terrorism

In 2005, Miller co-sponsored The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437) with representative Jim Sensenbrenner. In 2006, after widespread demonstrations by immigrants, Miller wrote: "Too bad their protest didn't include giving up government-paid social services — because a day without illegal aliens would be a boon to U.S. taxpayers."

Miller has backed the development of a rail link between Ontario, California and Anaheim, part of a proposed 269-mile (433 km) line between Orange County and Las Vegas. "Once completed, there would be no need for an airport in south Orange County, and the Inland Empire will reap the economic benefits as a true transportation hub," Miller said.

Miller, a history buff, become involved in the preservation of Civil War battlefields, after he played a bit part in the 2003 movie Gods and Generals.

Miller has signed the Taxpayer Protection Pledge.

In 2011, Miller voted for the National Defense Authorization Act for Fiscal Year 2012 as part of a controversial provision that allows the government and the military to indefinitely detain American citizens and others without trial.

Allegation of sheltering profits of real estate sales

Miller sold 165 acres (0.67 km2) to the city of Monrovia in 2002, making profit of more than $10 million. Normally, he would have had to pay state and federal taxes of up to 31% on that profit.

Instead, Miller told the Internal Revenue Service and the state of California that Monrovia had forced him to sell the property under threat of eminent domain. That allowed him to shelter the profits from capital gains taxes for more than two years before he had to reinvest the money.

But Monrovia officials say that Miller sold the land willingly and that they didn't threaten to force him to sell. A videotape of a February 2000 City Council meeting shows Miller asking city officials four times to buy his land. Another, earlier videotape confirmed Miller's position that the city had refused to let him develop the land and threatened "condemnation" of his property for public use. Although all early drafts of Monrovia's sales contract with Miller included the phrase "friendly condemnation," it was deleted when the final deal was made. Miller and his wife signed an amendment to the escrow instructions on August 1, 2002, saying, "condemnation deleted," or no longer in effect.

Miller took an exemption again in 2005 when he sold the 10 lots to the city of Fontana and again in 2006 when he sold a building to Fontana, claiming both were compulsory sales. The lots and building had been purchased in late 2004 with proceeds from the Monrovia sale. Such exemptions give him another two years after each sale to reinvest the funds without paying capital gains taxes.

In each of those cases, those involved in the purchases say eminent domain was neither used nor threatened. On January 31, 2007, the Los Angeles Times reported that Miller's transactions are being investigated by the FBI.

Miller declined to comment on the sales. The FBI also declined to comment. As of 2008, no investigation or legal action could be confirmed.

2005 profits from dealings with business partner and federal transportation bill

As a member of the House Transportation and Infrastructure Committee, Miller pushed for a provision in the 2005 transportation bill that allowed the city of Rialto to close its airport, the first time an act of Congress has ever shuttered an airport. It is a power the Federal Aviation Administration traditionally has had sole authority to exercise. The closing of the airport paved the way for Lewis Operating, a business partner and campaign contributor, to win a multimillion dollar contract from the city to develop the airport land and build a planned community consisting of 2,500 homes, parks and 80 acres (320,000 m2) of retail space on the former airport and adjacent land.

Miller also helped secure $1.28 million in that bill for street improvements in front of a planned housing and retail center, including a Target store that he co-owned with Lewis Operating.

Miller took out nearly $7.5 million in promissory notes in 2004 from Lewis Operating, which he used to purchase land from the company. In 2005, he sold some of that land to a part of the company, making a profit of between $1.1 million and $6 million, according to his financial disclosure report (which requires reporting a dollar range, not an exact dollar figure). The majority of the parcels that Miller bought are about two miles (3 km) from the airport.

House Rules explicitly state that before entering into loans from an entity other than a financial institution, members of Congress and staff must submit the terms of the loans for review and a determination from the ethics committee on whether the loan is acceptable under the gift rule. It is not clear if Miller complied with this requirement.

December 2006 allegations

In December 2006, the Los Angeles Times reported that Miller had used "congressional muscle" for "personal business matters." This included having congressional staff do Miller's personal errands, collecting nearly $25,000 a year in rent from his campaign committee, using the offices of his real estate development firm as his campaign office, and ordering an aide to find a way to get a city business-friendly council member on the National Park Board who was involved in a city purchase of Miller's property. The Times noted that when the campaign office was visited just prior to the November 2006 election, there was no evidence of campaign activity.

May 2010 allegations

In May 2010, the FOX affiliate MyFOXLA interviewed Miller over claims led by Citizens for Responsibility and Ethics in Washington (CREW) that he "directed millions of dollars in government money to non-profits headed by one of his campaign contributor, developer Jeffrey Burum." Burum, his company, and his wife donated more than $30,000 to Miller's campaign for what CREW alleges is over a million dollars in congressional earmarks kicked back to Burum's non-profit Hope Through Housing Foundation. A request has been made to the San Bernardino County District Attorney's office to investigate.

Military record

In June 2010 facts came to surface and were made that Miller inflated his military service, stating that he had served from 1967–1968 and implying he served in Vietnam when he only spent 7 weeks in boot camp and then was discharged. The Harper's Magazine article recounting these facts also included this quote from Miller spokeswoman Jessica L. Baker: "Congressman Miller volunteered to the U.S. Army and was Honorably Discharged due to medical reasons within a matter of months." Baker's statement has since been questioned because it is impossible to receive an honorable discharge due to medical reasons and according to government records Miller only served a month.

Controversy over Congressman Miller’s federal earmarks for Islamist Defense Contractor

In June 2011, the Orange County Register reported that Rahim Sabadia, the CEO of Sabtech Industries, a local defense contracting firm, had been stripped of his SECRET security clearance in July of 2010, forcing an abrupt halt to the company’s work on a classified multimillion dollar Navy contract. The reason for this unusual action was reportedly the concerns of the Defense Security Service (DSS) over Sabadia’s large contributions to Islamic charities, including $1.2 million to the Council of American Islamic Relations (CAIR)---a group the US government suspects of connections with the Islamic terror organization, Hamas.

According to the non-profit investigative group, Watchdog Institute, Congressman Miller was instrumental in securing over $9 million in federal defense earmarks for Sabadia’s defense firm. Meanwhile, records show that Sabadia, along with his wife, Nafees, gave Miller more than $40,000 to Miller’s campaign since the year 2000, maxing out their contributions in every election cycle.

Sabadia refused to discuss his charitable contributions, and Miller denied being aware of Sabadia’s assistance to any Islamist group that might pose security concerns. But Miller had received money from other CAIR members, and he even penned a flattering letter of congratulations to CAIR, which it then posted on its website to bolster its credibility.

Sabadia’s influence with Miller was seen in other actions too, such as a 2004 report by a California Muslim newspaper which indicated that Congressman Miller drafted an amendment to the Transportation Security Act of 2004 to allow people to remove their names from the anti-terrorism no-fly list, after Sabadia’s family encountered difficulties with Homeland Security and missed a flight.

Sabadia was also credited by the Council of Pakistan American Affairs with getting Miller to join the Congressional Pakistan Caucus even though Miller did not serve on any committees pertaining to defense or international relations or have any notable point of reference for doing so.

Subsequent to the scandal over the Islamist defense contractor losing his security clearance, Miller appeared at a controversial rally with a very different agenda in February of 2011. Congressman Miller along with Congressman Ed Royce attracted international media attention for speaking in support of an anti-Islamist rally held in Orange County, California (inside his home district). Protesters at the rally lined up to intimidate and harass Muslims as they entered a dinner event to raise money, ostensibly for women's shelters. Congressman Miller said of the rally participants, "That's the only reason I'm here today, is to give you a flag and to say 'I'm proud of you.' I'm proud of what you're doing. . . . and let's not let people who disagree with America destroy it."