[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2226 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2226

    To exempt the Department of Defense from certain environmental 
                         protection activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2025

  Mr. Cotton introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To exempt the Department of Defense from certain environmental 
                         protection activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Necessary Environmental Exemptions 
for Defense Act''.

SEC. 2. EXEMPTION OF ACTIVITIES OF DEPARTMENT OF DEFENSE FROM CERTAIN 
              ENVIRONMENTAL PROTECTION LAWS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense (in this section referred to 
        as the ``Department'') must operate with maximum agility and 
        efficiency to ensure it is prepared to deter and, if necessary, 
        fight and win a conflict with the Chinese Communist Party;
            (2) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1361 et seq.), and the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.) frequently and 
        unnecessarily delay the readiness and operations of the Armed 
        Forces without substantial benefit to the environment or 
        protected species; and
            (3) national defense takes precedence over all 
        administrative processes that might otherwise hinder the timely 
        execution of defense-related activities.
    (b) Exemption.--The Department and any component, contractor, or 
designee of the Department shall be exempt from any requirement under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.) for all 
activities, operations, permits, and projects conducted for the 
following purposes, if the President or the Secretary of Defense (in 
this section referred to as the ``Secretary'') certifies the activity 
is directly related to countering the threat of the Chinese Communist 
Party to the United States:
            (1) Readiness, training, or operations of the Armed Forces.
            (2) Construction, maintenance, expansion, or repair of 
        facilities or infrastructure of the Department.
            (3) Deployment, development, testing, or production of 
        technologies, systems, or equipment of the Department.
            (4) Deployment, development, testing, or production of 
        commercial technologies, systems, or equipment related to an 
        agreement, grant, or contract with the Department, the timely 
        completion of which directly contributes to a critical national 
        security interest of the United States.
    (c) No Alternative Compliance Obligations.--Except for any 
environmental mitigations the Secretary may determine are appropriate--
            (1) no Federal, State, or local environmental review 
        process may be required as a substitute or replacement for 
        compliance with the provisions of law exempted under subsection 
        (b); and
            (2) no Federal, State, or local authority may require 
        environmental evaluations for activities, operations, permits, 
        or projects for which similar evaluations are exempted under 
        subsection (b).
    (d) Review of Environmental Best Practices.--Not later than 5 years 
after the date of the enactment of this Act, and not less frequently 
than every 5 years thereafter, the Secretary shall review best 
practices for environmental mitigations and update the policy of the 
Department as necessary to reflect changes in priorities of the 
Department and advancements in environmental practices.
    (e) Judicial Preclusion.--No court shall have jurisdiction to 
review, enjoin, or otherwise restrain any designation, activity, 
operation, permit, or project certification carried out or any 
determination made by the Department that is covered under subsection 
(b).
    (f) Retroactive Application.--This section shall apply to any 
activity, operation, or project described in subsection (b) that is 
ongoing as of the date of the enactment of this Act and shall nullify 
any legal action or administrative proceeding pending as of such date 
relating to compliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.), or the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) in connection with such activity, operation, or 
project.
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