“Must-pass” National Defense Authorization Act Is an Opportunity for Environmental Policies

As Congress continues to focus on responding to the coronavirus crisis, deadlines for several “must-pass” pieces of legislation grow closer. Over a dozen bills authorizing federal agencies and programs must be passed by the end of the year, and many of these upcoming bills show promise for improving the nation’s capacity to mitigate and respond to climate change. One bill that has historically included climate, resilience, and environmental provisions is the National Defense Authorization Act (NDAA), which authorizes and details the annual appropriations for the Department of Defense (DOD). The DOD recognizes climate change as a threat multiplier, which worsens already existing security stress factors. Because of this intersection between climate and defense, the NDAA has in the past been “a magnet for environmental policy fights” (E&E News).

The coronavirus crisis has pushed the Senate and House Armed Services Committees behind schedule on finalizing the NDAA. The Senate Armed Services Committee is set to begin its markup of the bill the week of June 8, and has predicted that it will pass the full Senate before the Fourth of July. The committee plans to make the specific language of the NDAA for FY2021 public when it is released from the committee. The House Armed Services Committee initially scheduled its markup in April, but postponed the process due to COVID-19. Although the committee has not yet released an updated timeline, Chairman Adam Smith (D-Wash.) has indicated that language will be finalized within the month and that the bill will pass through the House by October. Majority Leader Steny Hoyer (D-Md.) has also said that the bill will come to the House floor in June or July.

Little information has been released regarding what this year’s NDAA will contain. No text has been released by the Senate, and the bill introduced in the House at the end of March (H.R.6395) only contains guidelines for DOD and military construction projects. However, a bipartisan group of Representatives have called for provisions to build military bases’ resilience to climate impacts by lowering the risk of water shortages and reducing electric grid vulnerabilities. Indeed, if the reauthorization follows the precedent of previous years’ NDAAs, there will likely be a number of climate and resilience provisions in the final bill. For example, an EESI analysis of the NDAA for FY2019 identified six sections that directed the DOD to focus on the resilience of its energy resources, infrastructure, and installations.

The NDAA for FY2020 also included a number of provisions directing the DOD to examine its contribution and vulnerability to climate change and other environmental impacts. Some highlights from last year’s NDAA include:

• Sec. 319 updated requirements for energy resilience programs and directed the Secretary of Defense to improve water conservation and management on DOD installations.
• Sec. 327 directed the Secretary of Defense to develop an adaptation plan, to be updated every four years, to address the impact of climate change on the DOD and identify potential actions to build resilience.
• Sec. 2402 authorized funds for energy conservation projects on DOD installations.
• Sec. 2801 required master plans for DOD installations to address risks from “extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.”
• Sec. 2806 required the DOD disclose when new installations will be affected by projected fluctuations in sea level. This was an update from requirements established in the 2019 NDAA, which required the DOD to disclose when installations are sited within 100-year floodplains.
• Title LXXIII sought to mitigate the issue of per- and polyfluoroalkyl substances (PFAS), which have been associated with adverse human health effects. Title LXXIII, along with other sections within the NDAA, required drinking water monitoring and detection, nationwide sampling, and guidelines for disposal of materials containing PFAS.

Acknowledging environmental and energy issues and continuing to fund programs aimed at mitigating impact and building adaptive capacity is a necessary step in the DOD appropriations process. The threat that climate change poses for national security is not going away, so lawmakers must continue strengthening the nation’s response. Despite the pandemic dominating much of the nation’s attention, the process of finalizing a series of must-pass bills continues. These bills have been, and continue to be, an opportunity for Congress to recognize the wide-reaching implications of climate change and the need to address the issue from a variety of angles.
 

Author: Abby Neal