House Bill Would Extend Military Use of PFAS Firefighter Foam for 3 Years

Amendment received broad bipartisan support, with a call from its sponsor for the Defense Department to accelerate cleanup of PFAS chemicals from the U.S. water supply.

Amid growing health and environmental concerns over the use of cancer-causing PFAS chemicals in aqueous film-forming foam (AFFF), lawmakers are pushing legislation that would extend the military’s use of the controversial firefighting foam for several more years.

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals long used to make materials resistant to heat, oil, grease and water. Among their most hazardous applications is AFFF, which has been widely deployed for decades to extinguish fuel-based fires, particularly by the U.S. military and at airports.

Although effective in suppressing fires, AFFF contains high concentrations of PFAS, which are often referred to as “forever chemicals” due to their ability to persist in the environment and build up in the human body.

Over time, repeated use of AFFF has caused extensive PFAS water contamination in drinking water supplies, especially around military installations, airports and firefighter training grounds.

Health officials have identified a number of serious conditions linked to PFAS exposure, including testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis. The findings have resulted in a number of government investigations, regulatory actions and mounting legal claims against companies involved in the manufacture and sale of PFAS-containing products.

3M Company, DuPont, Chemguard, Inc., Tyco Fire Products and other manufacturers of chemicals and fire safety products now face thousands of PFAS water contamination lawsuits brought by local water providers and individuals diagnosed with various types of cancer, as well as numerous firefighter cancer lawsuits over exposure to AFFF, which have uncovered further evidence about the long-term risks associated with use of the products.

Due to rising concerns over water contamination and adverse health risks from PFAS water contamination, Congress decided to wean the nation off the use of AFFF in 2020. The original plans were for the U.S. government to stop purchasing the firefighting foam by 2023. 

However, an amendment to this year’s defense bill would allow the Department of Defense to buy and use the foam for any reason through fiscal year 2026, and authorizes the department to expand that use if necessary.

Defense Bill Seeks Continued Use of AFFF 

On Tuesday the House Committee on Armed Services voted to advance the $848 billion National Defense Authorization Act for a vote by the full House. The bill provides military funding through 2026, and includes a provision that overrides a portion of the defense bill passed in 2020, which required the Department of Defense to stop purchasing AFFF by 2023. The new language allows the purchase of PFAS firefighting foam through 2026, which proponents say is needed to maintain military readiness.

The amendment was put forward by Representative Jack Bergman, a Michigan Republican, who also called on the Defense Department to develop a plan to accelerate the cleanup of PFAS out of U.S. drinking water supplies. The entire package received broad bipartisan support, passing out of the Armed Services Committee in a 55-2 vote.

The defense bill also includes an amendment submitted by Representative Eric Sorensen, an Illinois Democrat, that calls for the development of alternatives to the use of PFAS in firefighter turnout gear, which currently increases the first responders’ exposure to these toxic chemicals. In addition, the bill also includes a requirement to train all Defense Department medical personnel on the risks of PFAS exposure.

The Defense Department budget must still be passed by the full House and Senate and then must be signed into law by the president, but it is not currently expected to meet stiff opposition.

Firefighting Foam Exposure Lawsuits

There are currently more than 10,000 lawsuits involving PFAS water contamination and AFFF exposure filed by firefighters, residents and communities impacted by the chemicals in their drinking water systems. All such claims filed in federal courts nationwide have been centralized into a federal multidistrict litigation (MDL) before U.S. District Judge Richard M. Gergel in the District of South Carolina for pretrial proceedings.

As part of coordinated pretrial proceedings, a group of bellwether cases are being prepared for trial, to evaluate how juries may respond to the evidence. The first trial is scheduled to begin in October 2025, and will focus on claims involving individuals who developed cancer after drinking PFAS-contaminated water near military bases and firefighting training facilities.

While the outcomes of these early trials won’t be binding on other cases, they are expected to influence future settlement negotiations and provide insight into potential AFFF lawsuit payout values.