H.R. 8016
Forever Chemical Regulation and Accountability Act of 2026
Official summary
Written by the Congressional Research Service.
Forever Chemical Regulation and Accountability Act of 2026
This bill phases out the release and nonessential use of perfluoroalkyl or polyfluoroalkyl substances (PFAS) and addresses PFAS research, remediation, regulation, and enforcement.
The Environmental Protection Agency (EPA) must require each manufacturer and user of PFAS to submit annual reports that include specified information about the essential (e.g., critical for health or safety reasons) and nonessential uses of PFAS by such entities. Not later than 10 years after the enactment of this bill, manufacturers and users must fully phase out nonessential uses of PFAS.
The bill also
- establishes specified deadlines to phase out the sale of certain products containing PFAS;
- requires federal agencies, to the maximum extent practicable, to eliminate the procurement of products known to contain PFAS;
- imposes a 10-year phaseout of the release of PFAS above a certain threshold of detection;
- provides enforcement authority to the EPA regarding violations of the requirements of the bill, including through civil and criminal penalties;
- allows citizen suits against manufacturers and users of PFAS and the EPA; and
- addresses actions under state law related to damages from exposure to hazardous substances, including with regard to statutes of repose.
The bill exempts from a bankruptcy petition’s automatic stay any proceeding against a non-debtor entity (e.g., a proceeding to obtain property from a non-debtor) with respect to a PBT claim (a claim relating to persistent, bioaccumulative, and toxic chemicals) against the non-debtor entity, the debtor, or the estate.
Text of the bill
I Phaseout of nonessential perfluoroalkyl and polyfluoroalkyl substances and all releases
(a) General policy. It is the policy of the United States that, to the maximum extent practicable and as permitted under applicable law—
(1) contamination of any environmental media by a perfluoroalkyl or polyfluoroalkyl substance should be remediated to levels that do not present an unreasonable risk to public health and the environment;
(2) the destruction and disposal of perfluoroalkyl or polyfluoroalkyl substances—
(A) is considered most essential to the elimination of perfluoroalkyl or polyfluoroalkyl substances, which are also known as forever chemicals; and
(B) should be prioritized as part of any perfluoroalkyl or polyfluoroalkyl substance remediation strategy in a manner that presents the lowest risk of environmental release and the lowest risk to public health and the environment;
(3) the use of perfluoroalkyl or polyfluoroalkyl substances in consumer products should be eliminated; and
(4) in cases in which the use of perfluoroalkyl or polyfluoroalkyl substances is essential, in accordance with any applicable report under section 101(h) (including a subsequent report), and no safer alternative for that use is available, those perfluoroalkyl or polyfluoroalkyl substances should be removed or replaced by chemicals, product substitutes, or alternative manufacturing processes that reduce overall risk to human health and the environment, including risks due to chronic, acute, and cumulative impacts.
(b) Federal procurement
(1) In general. Beginning on the date of enactment of this Act, the heads of Federal agencies, in coordination with the Administrator and the Administrator of General Services, shall, to the maximum extent practicable, eliminate the procurement of products known to contain perfluoroalkyl or polyfluoroalkyl substances.
(2) Survey. In carrying out paragraph (1), the heads of Federal agencies may—
(A) carry out surveys of the products procured by the Federal agency to determine whether the products contain perfluoroalkyl or polyfluoroalkyl substances; and
(B) pause or cease procurement of products that have not been identified as not containing perfluoroalkyl or polyfluoroalkyl substances within a reasonable timeline that accounts for—
(i) survey completion and product return; and
(ii) identifying and securing safer alternatives for the product.
(c) Best available science. A determination that an action complies with the policy described in subsection (a) or an action taken under subsection (b) shall be based on the best available science.
(d) Savings provision. Nothing in this section affects any other duty or obligation under Federal law.
II Other matters with respect to perfluoroalkyl or polyfluoroalkyl substances