Date: 2015-09-25
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Chair. I have an amendment at the desk. it is listed in the Rule as Jackson Lee 9. Many of us wear a number of hats with dual committee assignments. I am a senior member of the Homeland Security Committee and the Ranking Member of the Judiciary Subcommittee on Crime. Terrorism. Homeland Security. and Investigations. This perspective and these responsibilities have given me a special appreciation for the difficult and challenging times we live in and the importance of not taking precipitous actions that could put the security of our homeland at risk. Mr. Chair. if H.R. 348. the socalled RAPID Act. were to become law in its present form. a permit or license for project would be "deemed" approved if the reviewing agency does not issue the requested permit or license within 90120 days. The Jackson Lee Amendment improves the bill and helps to protect the homeland by carving a limited exception for construction projects that could be potential targets for terrorist attacks such as chemical facilities. nuclear power plants. and other critical infrastructu re. In particular. I think it is important to note that the FBI Director Comey recently indicated that there are ongoing investigations of suspected terrorist cells operating in all of the 50 states. All federal agencies are subject to the environmental decision making requirements under NEPA. This includes the U.S. Nuclear Regulatory Commission. which the Circuit of Appeals for the Ninth Circuit has held "shall account for the potential environmental impacts of acts of terrorism in its environmental review process." The NRC has also imposed stringent antiterrorism requirements on its licenses pursuant to 10 C.F.R. Section 73. which outlines security requirements for the physical protection of nuclear plants and materials. A nuclear power plant is. a chemical facility covered by the Jackson Lee Amendment. Mr. Chair. we should not limit the ability of the NRC to fully review the potential impacts of terrorism on Federal construction projects involving nuclear facilities and chemical facilities. as would be the case were H.R. 348 to become law. Worse still. H.R. 348 would automatically deem construction projects approved even where the NRC needs more time to complete its review of the environmental risk and/or the potential vulnerability of a critical infrastructure facility to terrorist attack. The Jackson Lee Amendment ensures the rushed and dangerous approach to the NEPA approval process embodied in H.R. 348 does not adversely impact the security of the homeland from the risk of terrorist attacks on nuclear facilities or other critical infrastructure construction projects. In short. the Jackson Lee Amendment provided added protection to keep Americans safe. I urge support for the Jackson Lee Amendment. DEAR REPRESENTATIVE: On behalf of our millions of members and activists. we are writing to urge you to oppose H.R. 348. the misleadingly named "Responsibly and Professionally Invigorating Development Act of 2015." Instead of improving the permitting process. the bill will severely undermine the National Environmental Policy Act (NEPA) and. consequently. the quality and integrity of federal agency decisions. The National Environmental Policy Act plays a critical role in ensuring that projects are carried out in a transparent. collaborative. and responsible manner. NEPA simply requires federal agencies to assess the environmental. economic. and public health impacts of proposals. solicit the input of all affected stakeholders. and disclose their findings publicly before undertaking projects that may significantly affect the environment. Critically. NEPA recognizes that the public which includes industry. citizens. local and state governments. and business owners can make important contributions by providing unique expertise. NEPA also gives a voice to the most impacted and underrepresented. especially to the most vulnerable communities who usually have to bear the most burden of where federal projects are proposed in the first place. How-