Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 347 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 347 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
General Leave
Mr. Speaker, I ask that all Members have 5 legislative days in which they may revise and extend their remarks.
Mr. Speaker, this resolution provides for a structured rule for consideration of H.R. 761, the National Strategic and Critical Minerals Production Act. It provides one hour of general debate, equally divided between both sides. It provides for five amendments, four of which are Democrat amendments and one is a Republican amendment. So this rule is fair to a fault and it is totally generous, and it will provide a balanced and open debate as long as we, as Members, structure our remarks to the merits of this particular bill and don't go off on tangents.
Mr. Speaker, I am pleased to be able to stand before the House and support this rule. It's a good rule.
I also support the underlying bill, H.R. 761, and I want to congratulate the gentleman from Nevada (Mr. Amodei), as sponsor of this particular piece of legislation, as well as the chairman of the Natural Resources Committee, the gentleman from Washington (Mr. Hastings), for his leadership in this particular effort.
Mr. Speaker, our Nation is blessed with an abundance of resources, which has made us a leading world economy and industrial power, and we have only scratched the surface, literally, of what we can potentially develop.
We have energy potential such as coal, oil shale, and natural gas deposits, as well as various critical minerals that we, as a Nation, need and should be developing.
But unfortunately, much of this development of our domestic mineral resources has actually been stymied by a combination of special interest politics, as well as bureaucratic red tape, particularly under this administration. It is a pain we have all seen coming.
Twenty-five years ago, 20 percent of all money that was spent for development and production of critical minerals was spent here in the United States. Today that's down to only 8 percent, as other nations have replaced our efforts, unfortunately.
This has meant an increase in our trade imbalance, dollars going overseas, escalating prices here at home for both energy and commodities. It means job losses here in the United States. And ironically, these jobs that we are losing are some of the highest- paying middle class jobs that are available. Bureaucratic delays are causing this, and they are causing us to see a change, both for manufacturing and defense.
Twenty-five years ago, there were 30 minerals that we actually had to import to this Nation that were considered critical minerals. Today that number has gone from 30 to 61.
Twenty-five years ago, there were 16 minerals that we imported a great majority of. Today that number that has gone to 24.
It affects manufacturing, such as electronics and metal alloys, ceramics, glass, magnets, catalysts, everything. It affects our defense as well, as our Defense Logistics Agency tries to
stockpile these minerals so the demands are there when we actually need them.
Unfortunately, as we've illustrated, more and more of these are being purchased from overseas. They are critical to our weapons development system, including such things as night vision equipment, advanced lasers, avionics, fighter jet components, missile guidance systems, and it goes on and on.
Look, the Constitution tells us that our first responsibility is to provide for a common defense. This bill steps us into the right direction so we actually can provide for a common defense and do it intelligently and avoid unnecessary and frivolous delays.
There are some that will criticize us for the kinds of minerals that we are placing in this restriction area. There was a study in 2009 that was done called the Great California ShakeOut, which was a mock of what could happen if the big earthquake actually hit that area, and it found out that, in an effort to try and rebuild the infrastructure that would be necessary, there's a whole list of things we normally don't consider as critical that would, in that situation, be critical, including sand and gravel, that we simply would have a frightful deficiency of if we were trying to rebuild under those types of critical situations.
This bill anticipates that, and makes sure that we will not be found lacking, either in defense, or in manufacturing, or in critical civilian needs in case of disaster.
This bill doesn't predetermine anything. It simply says, make a decision, yes or no, on whether this project should go forward; simply make a decision, and do it in a timely fashion.
We still, today, average between 7 and 10 years in which those decisions are made. This bill says that that is unrealistic, and it simply says, you've got 30 months--2\1/2\ years--to make a decision, yes or no. If you have to have an extension, it provides for that on common agreement, which is only rational to do. But for heaven's sakes, finally make a decision.
It is based on not only what we are talking about here, but it's based on what we are doing in our transportation area. It's based on a Presidential concept; when the President established an Executive Order No. 13604, which talked about the importance of trying to streamline reform and reference our process.
This is the basis of what we are attempting to do in this particular bill as well. This implies that whenever there are agencies, multiple agencies involved in a project, that there must be a lead agency which must take the responsibility of actually getting the job done, so that any kind of environmental statement should be being done currently, not sequentially, that we can make sure that any kind of lawsuit does not stop the process of making a decision.
Once again, this is one of those things that simply is logical. Just make a decision. You have plenty of time to do it. Make a decision. There is no reason we cannot make a decision on whether to go forward on a project in 2\1/2\ years, none, none whatsoever.
The fact that we are dragging our feet is simply done from bureaucratic excess that is illogical and irrational. We have done this in other areas. This is the time to do this in this area as well.
If, indeed, we could do this process, it would be very clear that this Nation would prosper. We could have good-paying jobs, and we could make the desert blossom.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself as much time as I may consume.
I just want to make a couple of comments before we go on with the discussion of this particular rule, which, once again, is a fair rule and is a good rule.
This bill is one of those bills that has no significant cost to the budget. At no time does this stop any of the NEPA requirements. All it says is, do your job and do it on time. Nothing big about that, simply what those regulations are.
And it is obviously one of those things that takes place that we desperately need, both for the manufacturing sector, as well as for defense.
Look, I'm old. I still use legal pads. I trust those. They never crash on me. But if you have an iPhone or an iPad or any of that other kind of new stuff that my kids like to have, you're going to
have these critical minerals. And if we are not proposing and developing them here in the United States, we are paying more to develop them out of country, and we're putting ourselves, manufacturing-wise, in a significant deficit situation. And obviously, with the defense, what is happening is even more critical.
This is simply taking the executive order and saying, yeah, it's good for infrastructure; it's also good for our critical mineral development system, and saying, do the job. Do it well, do it quickly, get it done in a reasonable period of time, and don't drag this stuff out by sequencing the issues and the actions one after the other. You have a period of time. Do your job.
It's an amazing concept of asking the bureaucracy of this Nation to actually do their job, but it's important.
Yes, it was passed in the last session by an overwhelming bipartisan vote. It's a bipartisan bill. The fact that the Senate did not take it up is another indictment to Senate leadership, admittedly, an oxymoron, but it's another indictment for the Senate leadership for ignoring the significant issues that we have to face in this Nation. It's another indictment that they should actually do their job.
Just because the Senate leadership decides to sit on these type of issues does not mean we have to sit on them as well. This is something we have to have, and it needs to go over to the Senate. If it has to go over every week to the Senate until the Senate finally decides to actually do something, then that is our responsibility, and we should do it.
I reserve the balance of my time.
I continue to reserve the balance of my time.
Obviously, I am prepared to close. It depends on how long your closing goes.
Mr. Speaker, I yield myself such time as I may consume.
I appreciate the opportunity we have of presenting this particular rule to the body. I've always appreciated the opportunity of sharing this time with the gentleman from Florida (Mr. Hastings), who is a good friend and a very colorful orator. And I always like to hear his orations here on the floor.
You'll forgive me if I want to try and refocus on the matter that it is hand, for, indeed, I recognize the statements that have been made by the last two speakers that deal with the significance of jobs. What we simply have to have is a policy in this country that promotes private sector jobs, not just government sector jobs.
By promoting private sector jobs, we actually expand the economy and build upon that concept. That is one of the reasons why this particular bill is here. But all of a sudden you go from 30 minerals that we had to import from other areas to 61 minerals that we now have to import from abroad. That means there are a bunch of minerals that we used to be producing in good, high-paying jobs that no longer are there.
So this is one of the areas that we can move our country in the proper direction and not just simply say, Okay, let's create some kind of make-work program that actually adds particular jobs. It needs to be the right kind of jobs to move our country forward.
One person once told me the people sitting here is the entire universe with which we talk. We will not make ourselves rich by paying each other to take vacations. At some time, someone has to add real wealth into the equation. That's what this bill is trying to do. We have critical mineral wealth in this country. It needs to be added to the equation so that we can create those good-paying mining jobs that will spin off into good-paying manufacturing jobs in the private sector. That's everything we are attempting to do.
I would like to take one issue and try to put it to rest as to the idea that these companies who would be receiving benefit from this are somehow getting off and not paying taxes or royalties. They are not paying Federal taxes, but sometimes we forget that we're not the only equation out there. Every one of these pays significant royalties and severance taxes to State and local governments.
The Federal tax that is proposed by some of the amendments to this bill would be on top of that. It would be a form of double taxation. Its goal would be to raise money, which is a nice goal, but simply because you found a potential effort for the Federal Government to try and raise more money doesn't mean you need to rush into that, especially when it has a negative aspect somewhere else. It would have a negative aspect on State and local governments. It would also have a negative aspect on those companies that some people don't want to have any empathy for the situation they're in.
If you actually put an additional Federal royalty on top of the State and local royalty which they are paying and the severance tax that you are paying, in a traditional company you could pass that tax burden on to the consumer. In a world market, you cannot. That just doesn't happen. It has to come out from the company itself.
The companies who are involved in here have clearly said that they are not opposed if we could put some kind of net proceeds up. But these kinds of proposals that we will be hearing in the debate today are not net proceeds tax; they are an unparalleled, unprecedented gross tax. Nothing has ever gone to that level in which the amendments would try to put on this program.
So once again, what we're trying to ask you to do is look at this in the overall view of what we are trying to do to develop real and good private sector jobs.
The underlying element still goes back to the fact that, look, what we need is to go through the permitting process but to do it in a way that is legitimate. It should not have to wait 7 to 10 years to actually permit something. That is just unrealistic.
I apologize, Mr. Speaker. I am an old schoolteacher. As a schoolteacher, we had 9 months to do something. If you couldn't get it done in 9 months, you didn't get it done. There was no idea of just postponing it to a future date. If a principal came to me and said we're going to have to have our testing done on Tuesday for the standardized test, I couldn't say no, I can't do that; let's wait for 2 weeks and maybe--maybe--I will be ready to help you with the testing data. In any education system, when the time is up, the time is up. You have to do the work, and you back-schedule to make sure that you actually do the work. That happens in
almost every element of society except for here in government.
When I was in the State legislature, we had a constitutional end of that State legislative date. We had 45 days to make a decision. Often those decisions are not easy and you make the better of the bad choices that you have, but we had to make a decision.
I contrast that with what is happening here in the United States Government in which the Forest Service was asked to do a study on a potential bridge that we could transfer from Federal ownership over to State ownership. They said yes, in about 4 years we would be able to do that study. Four years to do a simple study? We give ourselves these unreasonable and inexcusable time references, and we do it all the time.
I had a bill that we passed a couple of years ago and which mandated that a certain agency of government had to give a piece of property over to the local entity of government. Congress passed it. They mandated it. Now here, 2\1/2\ years later, the agency still has not transferred that land. They are going through their surveys. They are taking their time. Even the local government had to pay for all these time-consuming surveys. What Congress mandated, 2 years later, still has not happened. That is unrealistic. In the private sector, no one would tolerate that. In our State government, no one would actually tolerate that. In the education community, no one would tolerate that. Yet we look at that as the norm, 7 to 10 years, as an average, to actually permit these things?
That is why what this bill is trying to do is say, look, go through the process, use the NEPA process, but do it in a fair and rational way and make a decision. You don't drag things out just for the fun of dragging things out. If the decision is yes, fine; if the decision is no, fine; but for heaven's sake, make a decision.
Some elements of government, whom I will not make caricatures about even if it's true, some elements seem to like to drag out decisions. This is an area that should not be. So this simply says, if you're going to deal with this area, you've got 30 months to make a decision. You can do that in 2\1/2\ years. There is no reason why it cannot be.
We are doing this in other areas of the government. The President, in his executive order, said this has to be the way we move forward. This bill moves us forward.
This bill does a good thing. It was right that it passed in the last session by a huge bipartisan vote because it's the right thing to do. It's the right message. It's the right program. It moves us forward. It's the right thing to do this year. And we will continue to push this until at some point we have succeeded in making sure that we are moving forward with hard deadlines so that decisions are made and we're not just piddling and piddling and waiting and delaying time after time.
Mr. Speaker, this is a very good bill. It was a good bill last time we passed it. It's still a good bill. We need to pass this bill again. It's also a very good rule. It's a fair rule. It's a rule for which we can be proud.
I would urge my colleagues to make sure that we vote for this rule so we can move forward on a bill that should have been passed by both bodies a long time ago. But we need to, once again, start this process and continue going forward because it is the right thing to do. It will provide us with resources; it will provide us with jobs; it will provide us, more importantly, with decisions. Finally, we can actually have an agency that makes a decision in a timely manner.
The material previously referred to by Mr. Hastings of Florida is as follows:
An Amendment to H. Res. 347 Offered by Mr. Hastings of Florida
At the end of the resolution, add the following new
sections:
Sec. 2. Immediately upon adoption of this resolution the
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
851) to amend the Internal Revenue Code of 1986 to encourage
domestic insourcing and discourage foreign outsourcing. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the chair
and ranking minority member of the Committee on Ways and
Means. After general debate the bill shall be considered for
amendment under the five-minute rule. All points of order
against provisions in the bill are waived. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. The previous question
shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except
one motion to recommit with or without instructions. If the
Committee of the Whole rises and reports that it has come to
no resolution on the bill, then on the next legislative day
the House shall, immediately after the third daily order of
business under clause 1 of rule XIV, resolve into the
Committee of the Whole for further consideration of the bill.
Sec. 3. Clause 1(c) of rule XIX shall not apply to the
consideration of H.R. 851 as specified in section 2 of this
resolution.
the vote on the previous question: what it really means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution. . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.