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Summary:
Several environmental statutes contain national security exemptions, which the Department of Defense (DOD) can obtain on a case-by-case basis. Since FY2003, DOD has sought broader exemptions that it argues are needed to preserve training capabilities and ensure military readiness. There has been disagreement in Congress over the need for broader exemptions in the absence of data on the overall impact of environmental requirements on training and readiness. There also has been disagreement over the extent to which broader exemptions would weaken environmental protection. After considerable debate, the 107th Congress enacted an interim exemption DOD requested from the Migratory Bird Treaty Act, and the 108th Congress enacted a broad exemption from the Marine Mammal Protection Act and a narrower one from certain parts of the Endangered Species Act. These exemptions were contentious to some because of concern about the weakening of protections for animal and plant species. In the 109th Congress, DOD has again requested exemptions from the Clean Air Act, Solid Waste Disposal Act, and Comprehensive Environmental Response, Compensation, and Liability Act. These exemptions have prompted opposition from some states and communities concerned about possible risks to human health from potential exposure to air pollution and hazardous substances. Neither the FY2006 defense authorization bill in the House (H.R. 1815, as passed), nor that in the Senate (S. 1042, as reported), includes these exemptions. This report will be updated as warranted.
