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) In general. Notwithstanding any other provision of this title, the Administrator may allow the use and detectable release of perfluoroalkyl or polyfluoroalkyl substances described in subsections (b) and (c) that do not place unreasonable risk on human health or the environment for research, development, testing, and other similar purposes to assist in the achievement of the policy described in section 103(a).
(b) Remaining stocks of perfluoroalkyl or polyfluoroalkyl substances
(1) In general. A manufacturer or user with remaining stocks of perfluoroalkyl or polyfluoroalkyl substances in the possession of the manufacturer or user following cessation of the manufacture or use of perfluoroalkyl or polyfluoroalkyl substances may enter into an agreement with the Administrator, an accredited research consortium, including Centers of Excellence, National Laboratories of the Department of Energy, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and other relevant entities, as determined by the Administrator, in order for such stocks to be available for use in accordance with subsection (a).
(2) Requirement. The Administrator may only enter into an agreement under paragraph (1) if the actions to be carried out under that agreement directly contribute to the achievement of the policy described in section 103(a), as determined by the Administrator.
(3) Savings provision. Nothing in this subsection—
(A) affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance; or
(B) prohibits a manufacturer or user from using a method of removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law.
(c) Prohibition. It shall be unlawful to develop or produce a perfluoroalkyl or polyfluoroalkyl substance solely for the purposes of activities authorized under subsection (a) unless the Administrator determines it necessary to comply with the policy described in section 103(a).
II Other matters with respect to perfluoroalkyl or polyfluoroalkyl substances