Sponsors
Ask me how I read this bill.
This is not an official government website.
Copyright © 2026 PLEJ LC. All rights reserved.
Creates an exemption to the requirements of the National Environmental Policy Act (NEPA) as applied to the Department of Defense, its components, contractors, and designees for activities certified by the President or Secretary of Defense as directly related to countering the threat of the Chinese Communist Party; precludes judicial review and nullifies pending proceedings relating to NEPA for such activities.
Exempts the Department of Defense, its components, contractors, and designees from the requirements of the Endangered Species Act for activities certified by the President or Secretary of Defense as directly related to countering the threat of the Chinese Communist Party; precludes judicial review and nullifies pending proceedings relating to the Act for such activities.
Exempts the Department of Defense, its components, contractors, and designees from the requirements of the Marine Mammal Protection Act for activities certified by the President or Secretary of Defense as directly related to countering the threat of the Chinese Communist Party; precludes judicial review and nullifies pending proceedings relating to the Act for such activities.
Exempts the Department of Defense, its components, contractors, and designees from the requirements of the Federal Water Pollution Control Act (Clean Water Act) for activities certified by the President or Secretary of Defense as directly related to countering the threat of the Chinese Communist Party; precludes judicial review and nullifies pending proceedings relating to the Act for such activities.
Creates a fast-track, certification-based exemption that lets the Department of Defense (and its contractors and designees) proceed with specified defense-related activities without complying with certain named federal environmental laws and without being subject to environmental review or substitute compliance ordered by courts or other authorities. Requires the Secretary of Defense to review environmental mitigation best practices within 5 years of enactment and at least every 5 years thereafter.
Congressional finding that the Department of Defense must operate with maximum agility and efficiency to be prepared to deter and, if necessary, fight and win a conflict with the Chinese Communist Party.
Congressional finding that the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, and the Federal Water Pollution Control Act frequently and unnecessarily delay readiness and operations of the Armed Forces without substantial environmental benefit.
Congressional finding that national defense takes precedence over administrative processes that might hinder timely execution of defense-related activities.
A certification by the President or the Secretary of Defense is required for the exemption to apply; the certification must state the activity is directly related to countering the threat of the Chinese Communist Party to the United States.
Exempts the Department of Defense and any component, contractor, or designee from requirements under NEPA, the Endangered Species Act, the Marine Mammal Protection Act, and the Federal Water Pollution Control Act for activities that are readiness, training, or operations of the Armed Forces, if certified as described.
Who is affected and how:
Department of Defense components: Gain a legal tool to proceed more quickly on specified defense-related projects by issuing certifications that suspend federal environmental review and judicially enforceable compliance for those activities. This can reduce project delays tied to environmental statutes and litigation.
Defense contractors and designees: Contractors working on certified projects can be shielded from federal environmental permitting and review requirements for those activities, accelerating construction and operations but also assuming responsibility to follow any DoD-directed practices.
Federal and state environmental regulators and courts: The provision limits the role of courts and other authorities to require environmental reviews or alternative compliance for certified activities. Federal agencies and judges will have reduced ability to use existing environmental statutes to delay or alter covered projects, though constitutional or other legal challenges could still arise.
Environmental advocates and communities near military sites: Groups focused on environmental protection and residents living near military installations or affected sites may face reduced opportunities to secure environmental review, public comment, or judicial remedies that would otherwise slow or change projects that could affect local ecosystems, water resources, or public health.
Local and state governments: May experience decreased influence over federally certified defense projects and potential tensions where local environmental concerns conflict with DoD certifications. The statute does not appear to provide funding for mitigation, so costs of local impacts could fall to local governments or communities.
Overall effect: The legislation prioritizes operational speed and readiness for defense activities by removing statutory environmental review requirements for certified projects and restricting judicial or agency-ordered substitutions. It adds a periodic internal DoD review of best practices for mitigation but does not create clear, enforceable mitigation obligations or dedicated funding. That mix reduces legal and administrative delay for defense projects while increasing the risk that environmental harms or local costs could be under-addressed and that affected parties will have fewer avenues for contesting projects.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Environment and Public Works.
Introduced July 9, 2025 by Thomas Bryant Cotton · Last progress July 9, 2025
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate