Persistent Chemicals: Actions Needed to Improve DOD's Ability to Prevent the Procurement of Items Containing PFAS
Fast Facts
Chemicals called per- and polyfluoroalkyl substances—PFAS—are used in many consumer products. But some of these chemicals are linked to health problems in people.
To avoid health hazards, Congress directed DOD to stop buying some products—like carpets or cookware—that contain PFAS. But there aren't standard labels for some items with PFAS, making them hard to avoid. DOD also doesn't have a plan for preventing military base stores from selling these items.
We recommended ways to address this issue and more, including actions DOD should take and Congress should consider.
Highlights
What GAO Found
The Department of Defense (DOD) faces challenges implementing statutory prohibitions on procurement of items containing per- and polyfluoroalkyl substances (PFAS). Specifically, there is limited information on PFAS in items because there is no federal law requiring items to be labeled as containing PFAS and there are no Environmental Protection Agency (EPA)-validated methods to detect PFAS in products. EPA has created a list of recommended third-party standards and ecolabels that addresses the presence of PFAS in some items. GAO's analysis of 11 item categories found that EPA information on PFAS exists for four. Two of these four categories relate to the statutory prohibition for DOD that goes into effect April 2023. For the seven other item categories, there are no EPA-recommended third-party standards or ecolabels.
Environmental Protection Agency (EPA) Information on the Presence of Per- and Polyfluoroalkyl Substances (PFAS) in Item Categories
|
PFAS prohibition |
Item category |
Information on presence of PFAS |
|---|---|---|
|
Beginning April 2023 |
Non-stick cookware |
No |
|
Beginning April 2023 |
Non-stick cooking utensils |
No |
|
Beginning April 2023 |
Upholstered furniture |
Yes |
|
Beginning April 2023 |
Carpets and Rugs |
Yes |
|
Furniture waxes |
No |
|
|
Car window treatments |
No |
|
|
Shoes |
No |
|
|
Clothing |
No |
|
|
Cleaning products |
Yes |
|
|
Floor waxes |
Yes |
|
|
Car wax |
No |
Source: GAO analysis of EPA information. | GAO-23-105982
In addition, the April 2023 prohibition does not allow two PFAS to be present at any level. However, EPA officials noted that several of the third-party standards or ecolabels allow for PFAS to be present at low levels, for example, by exposure to environmental sources of PFAS during the manufacturing process. As a result, DOD does not have all the information needed to fully implement prohibitions.
DOD has taken some steps to implement the April 2023 prohibition, including updating procurement policy for contracting officers and guidance for procurement of goods by government purchase cards. However, DOD has not assessed how to prevent military exchanges from procuring and reselling certain goods that could contain PFAS. Further, DOD has not updated its sustainable procurement guidance to reflect statutory prohibitions. As a result, DOD is at risk of continuing to procure items that contain certain statutorily prohibited PFAS.
Why GAO Did This Study
PFAS are a large group of chemicals that are widely used in consumer products because of their heat and stain resistant properties. PFAS may cause adverse health effects at certain levels. Congress has identified 11 categories of items for potential procurement restrictions. Starting April 2023, DOD was prohibited from procuring items in four categories if they contain certain PFAS.
The National Defense Authorization Act for Fiscal Year 2022 includes a provision for GAO to review DOD's procurement of items containing PFAS. This report evaluates (1) information available to DOD regarding PFAS in items and the extent to which the April 2023 prohibition aligns with this information; and (2) the extent to which DOD has developed an approach to implement the April 2023 prohibition on items containing PFAS.
GAO reviewed PFAS detection methods, labeling standards, and statutes; assessed DOD procurement practices and guidelines; and interviewed officials from DOD, other federal agencies, labeling organizations, industry associations, and environmental advocacy groups.
Recommendations
GAO is making a matter for congressional consideration to align the item categories specified in the April 2023 prohibition with EPA information. GAO is also making two recommendations to DOD to develop an approach for applying the April 2023 prohibition to the military exchanges and to update its sustainable procurement guidance. DOD concurred with the recommendations.
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| Congress should consider clarifying its direction to DOD regarding current and future prohibitions on the procurement of items containing PFAS, specifically by aligning the item categories specified in the prohibitions with EPA's list of recommended third-party standards and ecolabels specific to PFAS and addressing the presence of PFAS below levels in existing PFAS criteria. (Matter for Consideration 1) | As of March 2024, we are continuing to monitor Congressional actions that may address this matter. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Acquisition and Sustainment, in conjunction with the Office of the Under Secretary of Defense for Personnel and Readiness, develops an approach to implement the April 2023 prohibition for military exchange resale procurements. (Recommendation 1) |
DOD concurred with this recommendation. In June 2024 DOD provided documentation that the Office of the Under Secretary of Defense for Personnel and Readiness had communicated the prohibition to the military exchanges in March 2023, and is updating DOD Instruction 4105.67 Nonappropriated Fund Procurement Policy and Procedures, to formally incorporate this prohibition in policy. DOD's corrective action plan estimated the DOD Instruction would be updated in September 2024. As of July 2024, the DOD instruction has not been updated. We will continue to monitor implementation of the recommendation, and update the recommendation status as warranted.
|
| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Acquisition and Sustainment updates DOD Instruction 4105.72 and includes procedures in the update that are specifically targeted to implement the provisions of Executive Order 14,057 with respect to limiting procurement of items containing PFAS. (Recommendation 2) |
DOD concurred with this recommendation. DOD's July 2023 corrective action plan regarding this recommendation stated that the Office of the Deputy Assistant Secretary of Defense (Environment & Energy Resilience) was working with the military departments to determine appropriate procedures to include in the updated DOD Instruction 4105.72 Procurement of Sustainable Goods and Services, to implement provisions of Executive Order 14057. DOD's corrective action plan estimated the DOD Instruction would be updated in December 2024. As of July 2024, the DOD Instruction has not been updated. We will continue to monitor implementation of the recommendation, and update the recommendation status as warranted.
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