Whether broader exemptions are needed to ensure military readiness has been subject to much debate. Other Members, states, environmental organizations, and communities have opposed broader exemptions, raising questions about the degree to which environmental requirements have compromised readiness overall. In response to DOD's request, the 107 th Congress enacted an exemption from the Migratory Bird Treaty Act, and the 108 th Congress enacted exemptions from the Marine Mammal Protection Act and from designation of military lands as critical habitat under the Endangered Species Act, if certain conditions are satisfied. Congress has not enacted these exemptions to date. Past Administration Proposals

Although Congress has enacted the above statutory authorities for exemptions from the Migratory Bird Treaty Act, Endangered Species Act, and the Marine Mammal Protection Act, Congress has not acted on the exemptions from the Solid Waste Disposal Act, CERCLA, and the Clean Air Act that DOD has requested. DOD included these three latter exemptions in the Administration's defense authorization proposals from FY2003 through FY2008. The Administration's FY2009 defense authorization bill ( H.R. 5658 and S. 2787 , introduced by request) does not include these exemptions.
Whether broader exemptions from federal environmental laws are needed to preserve military readiness has been an issue. Questions have been raised as to whether environmental requirements have limited military training activities to the point that readiness would be compromised. The potential impacts of broader exemptions on environmental quality have raised additional questions. Although certain exemptions the Department of Defense (DOD) first requested in FY2003 have been enacted into law, Congress has opposed others. The 107th Congress enacted an exemption from the Migratory Bird Treaty Act, and the 108th Congress enacted exemptions from the Marine Mammal Protection Act and from designation of military lands as critical habitat under the Endangered Species Act, if certain conditions are satisfied. In Administration defense authorization proposals from FY2003 through FY2008, DOD also requested exemptions from the Clean Air Act, Solid Waste Disposal Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). To date, Congress has not enacted these three latter exemptions. Some Members have noted their concern about the potential impacts of these exemptions on human health and the environment. The Administration's FY2009 defense authorization bill (H.R. 5658 and S. 2787, introduced by request) does not include these exemptions.