Congress Hands the Pentagon a Free Pass on PFAS
2026 National Defense Authorization Act reverses key safeguards—leaving states to fight alone.
By Pat Elder
November 19, 2025
Carcinogenic PFAS foam gathers on the Little Patuxent River in Odenton, Maryland, downstream of Fort George G. Meade.
The U.S. Senate and House have now passed their versions of the National Defense Authorization Act (NDAA) for Fiscal Year 2026. The next step is a conference committee to reconcile differences before the bill goes to the President.
But on PFAS, the matter is already settled. Both versions contain powerful, dangerous, and reckless provisions, inserted at the Pentagon’s urging, that will weaken what little protection existed for human health and the environment from the U.S. military’s well-documented PFAS contamination. We’ll examine two sections from each bill to understand this legislative terrorism. The DOD is off the hook.
I taught civics in a Maryland public high school in the early 1980s, emphasizing the difference between how government works in theory and how it works in practice.
I taught my students that the slaveholder Thomas Jefferson stressed certain virtues of citizenship: education, participation, vigilance, decentralization of power, and resistance to government overreach, among them. Jefferson was the original American Antifa.
I explained that the executive, legislative, and judicial branches were supposed to function like constitutional rock, paper, and scissors. However, the headlines of the day told another story.
The rock of the national security state can crush paper and scissors whenever it chooses, and today’s Congress offers a perfect case study.
Bottom line up top: PFAS battles must be waged in the handful of states that are still in play. At the federal level, the Pentagon’s influence prevails—Actum est de re, the matter has been settled.
Let’s look at the Senate’s version.
Section 318 - National Defense Authorization Act for Fiscal Year 2026
Section 318 repeals the old Section 333 from the 2021 NDAA that banned the purchase of a handful of products containing PFAS, specifically: nonstick cookware, cooking utensils, upholstered furniture, and carpets that have been treated with stain-resistant coatings. The section is relatively insignificant compared to the exclusions the DOD carved out in its report on Critical Per-and Polyfluoroalkyl substance uses in August, 2023.
The DOD recognized that individual U.S. states were increasingly passing laws restricting the use of PFAS. In response, the military carved out all of its uses of the toxins and deemed them to be necessary for national security - the god of U.S. law. Critical PFAS uses were identified in every major weapon system.
Here’s a quick listing of several broad categories of hundreds of ways the U.S. military uses PFAS. It is remarkable how the Pentagon has been able to convince the public that the PFAS problem is confined to the use of firefighting foams.
The manufacture, use, and disposal of every PFAS-containing product constitutes a crime against people and the environment.
· Energy Storage and Batteries
· Microelectronics and Semiconductors
· Castings and Forgings and Strategic and Critical Minerals
· Refrigeration and Air Conditioning, Cooling
· Electronics Thermal Control
· Fire Suppression in Naval Vessels, Aircraft and Vehicles
· Aqueous Film Forming Foam
· Lines, Hoses, O-Rings, Seals and Gaskets,
· Tapes, and Cables and Connectors
· Electronic/Dielectric Fluids
· Advanced Oils, Greases, Fluids, and Lubricants
· Precision Cleaning Fluids
· Degreasing/Cleaning Fluids
· Adhesives
· Insulation and Foam Blowing
· Resins for Specialty Materials
· Specialty Filters and Membranes
· Uniform fabrics, Fabric Liners, and Fabric Barriers
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During maintenance, washing, sanding, and laundering, these materials shed PFAS-laden dust, fibers, and residues that enter soil, stormwater, dust, and air. The unborn are at risk and so is all of humanity.
Because the chemicals never break down, they accumulate in groundwater, surface water, soil, crops, fish, and livestock, exposing both service members and surrounding communities through drinking water, food, and air.
That’s saying a lot.
These uses and activities channel PFAS into wastewater treatment plants and landfills, both of which act as long-term, lethal reservoirs. Treatment systems do not destroy PFAS, so the chemicals pass through into rivers and aquifers, while sewage sludge concentrates PFAS and spreads it when applied to farmland. Landfills receive PFAS-treated gear, parts, debris, that slowly leach chemicals into groundwater or into leachate sent back to wastewater plants.
The DOD says currently available fluorine-free foams (F3’s) have significant limitations compared to aqueous film-forming foam, (AFFF). The Navy continues to use PFAS foams on ships.
The DOD says the August, 2023 report described above summarizes known direct and indirect uses of PFAS that are “critical to the national security of the United States, but it is not comprehensive.”
DOD: “The information presented represents a fraction of the mission critical PFAS uses due to a lack of transparency in the chemical composition in consumables and articles. In addition, there is significant uncertainty regarding the presence of PFAS in products that make up a complex value chain.”
They continue, “A more complete understanding of PFAS essential uses would require an extensive and complex evaluation of the market, a gap analysis of current requirements for manufacturer-provided product information, and illumination of the value chain of products.”
Congress fosters this lack of transparency for the Pentagon.
Section 319 - Senate Version - National Defense Authorization Act for Fiscal Year 2026
The Senate NDAA would allow incineration of PFAS-contaminated waste to start again, despite compelling evidence that the practice is dangerous. Let’s go back to examine the record in this regard.
Products containing PFAS likely first entered the military supply chain in the 1960s, while AFFF began widespread use on bases in the early 1970s. It is therefore reasonable to conclude that PFAS-contaminated waste was being incinerated from the late 60’s.
Currently, the DOD burns industrial wastes, including solvents, plastics, resins, treated textiles, wiring insulation, and hydraulic fluids, through base incinerators, and contractor incinerators. Many of these wastes involve PFAS-contaminated materials that are still not regulated as hazardous.
That’s because the National security state – the DOD – Deep State – Whatchamacallit dictates environmental policy in the United States of America. It’s a rock, paper, scissors thing.
Because typical burn temperatures and residence times are far too low to destroy PFAS, this means the military has been releasing airborne PFAS emissions they knew were dangerous for more than half a century while many regulators and communities were clueless.
In February 2020 Earthjustice filed suit against the Defense Logistics Agency (DLA) and the DOD asserting that the incineration contracts violated the National Environmental Policy Act and the NDAA by failing to conduct required environmental reviews.
Norlite's incineration facility has burned
2.45 million pounds of materials containing
PFAS. Photo - Paul Buckowski - Albany Times Union
The 2023 settlement terminated the specific contracts under which PFAS incineration occurred at East Liverpool, Ohio; Arkadelphia, Arkansas; El Dorado, Arkansas, and Cohoes, New York. None of these facilities are legally prohibited from burning PFAS again if the federal moratorium is lifted or new DLA contracts are issued.
In July, 2020, Albany’s Times Union newspaper reported that I received data on more than 2 million pounds of PFAS-laden firefighting foam and related waste that were shipped to a Norlite incineration facility in Cohoes, New York in 2018 and 2019.
The New York State Department of Environmental Conservation released the information on 225 shipments totaling 2.45 million pounds of foam and related waste, mostly from military installations. They were sent in 55-gallon drums and other containers from 25 states to be incinerated at the Norlite facility.
The data covers shipments from 01/01/2018 to 12/30/2019. 81.5% of the 2.45 million pounds of the lethal substances originated from military installations. The remaining 461,600 pounds, or 18.5% of the total were shipped from non-military sources.
The data came to me in two PDF’s, one detailing Bulk Loads of PFAS, the other describing Drum Loads of PFAS. My investigative piece confirmed the use of AFFF at multiple military installations.
More Incineration History
The 2022 NDAA mandated a temporary moratorium on the incineration of PFAS-containing materials by the DOD. In July 2023, the DOD issued interim guidance reaffirming the moratorium and stating it would update its policies as technologies mature and EPA updates its guidance. In February, 2024, the DOD submitted its formal report to Congress on the incineration moratorium. That brings us to the Section 319 shocker. The boys are back in town.
Mike Pence at the Heritage Foundation
Two Indiana firms—Heritage Environmental Services (The Heritage Group) and Tradebe—won Pentagon contracts to incinerate the military’s PFAS-laden firefighting foam.
Both have clear ties to Mike Pence’s political and economic orbit: Heritage’s owner was one of Pence’s largest campaign donors and its companies received hundreds of millions in state work. Pretty much, anything goes, as far as the environment is concerned in Indiana.
Pence’s economic-development agency granted tax credits to lure Tradebe’s U.S. headquarters to Indiana, and a Pence-appointed state budget director later became a vice president at The Heritage Group. That was just before Pence served as Vice President of the United States from January 20, 2017 to January 20, 2021.
During the time he was Vice President, Tradebe was awarded a lucrative contract in 2018 and Heritage landed its contract in 2019.
There’s no public evidence that Pence personally directed DOD’s contracting decisions, but the companies handling PFAS incineration sit squarely inside his donor and patronage network.
Now, let’s turn our attention to the House version of the 2026 NDAA.
Section 313 - House Version - National Defense Authorization Act for Fiscal Year 2026
Section 313 of the House 2026 NDAA extends the deadline to end the purchase and use of firefighting foams made with PFAS to October 1, 2026. It continues to kick the can down the road. The 2020 NDAA had called for the phaseout of AFFF to October 1, 2023. This is how they can do whatever they want.
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This exercise in journalism isn’t merely academic. Consider the September, 2025 press release from The Lancet.
“There is an association between prenatal PFAS exposure and brain developmental outcomes in children. These findings are pertinent given the ubiquitous circulation of PFAS in humans and the extreme environmental persistence of these substances.”
The American military puts its notions of national security above fetal brain development. Knowing this, how should we proceed?
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“Detectible”
Section 313 replaces the prior one part per billion total PFAS limit with a “detectable” standard, which appears stricter on paper.
Establishing a detectable standard is an accommodation for the DOD and its industry partners. It seems paradoxical at first glance: how could a “detectable PFAS” standard seem stricter on paper yet still function as an accommodation to the defense industry?
“Detectable” sounds tougher, but enforcement is soft. In practice, detection depends entirely on individual laboratory methods, which vary widely in sensitivity.
If a lab’s detection limit is, say, 10 parts per billion for a given compound, then anything below that is legally “non-detectable.” Without a fixed numeric limit, like 4 parts per trillion, DoD and its contractors can choose less-sensitive tests, effectively redefining “non-detectable” at will.
So, while the phrase “zero detectable” looks strict, it actually defers enforcement to test-method choice rather than setting an absolute chemical standard.
It’s difficult to explain. Allow me another chance.
Let’s say a lab has a detectable standard of 1 part per billion for each compound analyzed. That’s the same as 1,000 parts per trillion. Test results of ten compounds may show these values:
PFOS 851 ppt
PFOA 703 ppt
PFHxS 452 ppt
PFNA 660 ppt
PFHxA 110 ppt
PFPeA 910 ppt
PFBA 780 ppt
6:2 FTS 122 ppt
8:2 FTS 111 ppt
6:2 FTSA 908 ppt
Total 5,507 ppt
Although these compounds may total 5,507 ppt, the laboratory will report these values instead, as “No Detect” because they won’t detect anything under 1,000 parts per trillion for each compound.
PFOS ND
PFOA ND
PFHxS ND
PFNA ND
PFHxA ND
PFPeA ND
PFBA ND
6:2 FTS ND
8:2 FTS ND
6:2 FTSA ND
In this instance, the lab will say there is no PFAS detected.
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In 2020 the State of Maryland falsified data in the same way to cover for the Navy.
In October, 2020 I reported 2,070 ppt of PFAS in Oysters in St. Inigoes Creek behind my house. My beach is 1,800 feet across the deep saltwater creek from where the Navy used AFFF in routine practice for more than 20 years. Here are the results from Eurofins, a firm the Navy also uses.
The results total 2.07 ng/g. (nanograms per gram). This is the same as 2.07 parts per billion, which is the same as 2,070 parts per trillion.
An oyster at my beach contained 2,070 ppt of five PFAS compounds. Meanwhile, several states are trying to keep these compounds in single digits in drinking water. The EPA has deferred enforcement of PFAS (just PFOS and PFOA) standards in drinking water to 2031.
At the same time, the Maryland Department of the Environment also tested Oysters in St. Inigoes Creek behind my house.
They say they did not detect contamination. From their report: “The sampling, done under a Maryland Department of the Environment (MDE) pilot study, found very low concentrations of PFAS in surface water in the St. Mary’s River and its tributaries near Naval Air Station Patuxent River (NAS Pax River) and found no detections of PFAS in oysters.”
This is because they used a minimum level of detection at 1 part per billion for each compound. https://patelder.weebly.com/md-report-deceives-public.html
While Maryland says there’s no PFAS in the Oysters, the analytical methods and basis for the screening criteria used by MDE are questionable, resulting in a misleading of the public, and providing a deceptive and false sense of safety. The MDE’s conclusion over-reaches the reasonable findings based on the actual data collected and falls short of acceptable scientific and industry standards on several fronts.
The tests performed by Alpha Analytical Laboratory for the state of Maryland had a detection limit for oysters at one microgram per kilogram (1 µg/kg) which is equivalent to 1 part per billion, or 1,000 parts per trillion. (ppt.) Consequently, as each PFAS compound is detected individually, the analytical method employed was unable to detect any one PFAS present at an amount of less than 1,000 parts per trillion. This explains how I reported 2,070 ppt of PFAS in Oysters while the the state reported no PFAS in Oysters. The local community preferred to hear the reassuring news from the state.
The same dynamic is in play today in the NDAA.
Fluorine-free foams (F3)
It is deeply upsetting to know that most of the world has shifted to using PFAS-free firefighting foams while the boneheads at the Pentagon are terribly worried that the fluorine-free foams take a few more seconds to put out a fire than the AFFF.
The DOD says the F3 foams don’t perform as well in quickly putting out large fuel fires, can freeze or degrade in cold or harsh conditions, and may clog or damage older firefighting systems designed for PFAS-based foams.
Meanwhile, European nations defend their use of fluorine-free foams (F3) by arguing that the technology meets international performance standards and that the environmental and health risks of PFAS far outweigh any minor differences in firefighting speed. They emphasize that modern F3 foams can control fuel fires effectively when properly applied and maintained, and that switching to them is essential to protect water, soil, and human health from long-lasting PFAS contamination.
The DoD says they will keep using PFAS in foams “to ensure the protection of life and safety at DoD installations and during military operations.”
They can do whatever they want for whatever reason they give.
The pesky waivers left alone by Section 313
Section 313 of the House 2006 NDAA does not change or remove Section 322(e) of the 2021 NDAA which gives the Secretary of Defense the authority to grant waivers when the use of fluorinated foam is deemed “necessary to ensure operational readiness” or required for mission-critical purposes. Because Section 322(e) remains intact, the Pentagon can continue approving exemptions even after the new 2026 deadline, allowing the continued use of PFAS-based foam in situations the Secretary certifies as essential for national defense.
They can do whatever they want. It’s a rock, paper, scissors thing.
All is lost.
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