In the House, one such provision is generating pushback even from Republicans.
“Forever chemicals” are the nickname for a family of man-made chemicals known as per- and polyfluoroalkyl substances (PFAS). These chemicals, which have been linked to health issues including cancer, have been used by the military for years in firefighting foam.
They have also been used in firefighter gear used by the military and civilians, as well as in common products including nonstick pans, fast food packaging, clothing, furniture, cosmetics and more.
As the public and policymakers became more aware of the hazards posed by these substances, past iterations of the National Defense Authorization Act (NDAA) have restricted the military’s use of them and sought to require the military to clean them up.
This year, however, the legislation seems to be rolling back some of those restrictions.
The House version of the bill contains a provision that delays the phaseout of the use of forever chemicals in military firefighting foam.
Previous bills required the military to stop using PFAS-laced firefighting foam by October 2024, with some possibilities for extension, but, if the measure passes, the military will be able to purchase new foam with these chemicals through 2026, with advocates fearing this will extend its use.
“The language would extend their ability to purchase and use” PFAS-containing foam until October 2026, said Jared Hayes, a senior policy analyst at the Environmental Working Group.
He said that extension waivers would be expected to restart the military’s ability to use two, one-year waivers, meaning the use of this foam would be expected to be allowed until 2028.
“This really exacerbates the contamination problem. …We’re going to see more contamination, driving up cleanup costs and essentially condemning more defense communities and another generation of service members,” Hayes added.
The Senate bill, meanwhile rescinds prohibitions on the military’s ability to purchase cookware, carpets and rugs that contain two of the most toxic types of forever chemicals.
It also lifts a restriction on the military’s ability to incinerate PFAS, a controversial and debated method of disposing of these substances.
If both bills pass as-is, it’s not clear which of these provisions, if any, will make it into the final version, as lawmakers will have to confer to address differences before sending it to the president’s desk.
Welcome to The Hill’s Energy & Environment newsletter, I’m Rachel Frazin — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains.
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