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119-s-4153119th CongressWALLET

Forever Chemical Regulation and Accountability Act of 2026

Sponsored By: Senator Durbin, Richard J. [D-IL]

Introduced

Summary

Phase out nonessential uses and releases of PFAS nationwide while directing independent science to define what counts as an essential use and fund detection and cleanup research. This bill would create a mandatory, science-driven path to eliminate PFAS from products and the environment.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 1 costs, 4 mixed.

Higher PFAS fees for manufacturers

If enacted, the bill would define who counts as a PFAS "manufacturer" (including importers and exporters) and have EPA set who is a PFAS "user." It would require EPA to study workload within 180 days and set annual report fees and petition fees by rule within 2 years. If EPA misses the deadline, a default minimum fee of $100,000 would apply per report or petition (with possible reductions for small manufacturers). The bill would create two Treasury funds to hold those fees and let EPA use the money without further appropriation. Petitions from Federal or State agencies and some nonprofits could be waived.

Stronger PFAS enforcement and suits

If enacted, the bill would give EPA strong powers to act quickly when PFAS pose imminent danger. EPA could order cleanups, stop uses, require monitoring and access, and make records public (subject to some confidentiality protections). EPA could impose civil penalties sized to remove economic benefit and daily fines for continuing violations. Reckless violations could bring criminal fines and up to 5 years in prison. Any person could also sue manufacturers or EPA for many violations after 60 days' notice and for endangerment actions after 90 days.

10-year PFAS phaseout and bans

If enacted, the bill would require manufacturers and users to stop nonessential PFAS uses within 10 years. Each manufacturer and user would have to file a public phaseout plan within 3 years. EPA would have until year 7 to set validated detection methods and a schedule to meet the 10-year goal. The bill would also ban many PFAS-containing products on staggered dates (some after 1 year, more after 2 years, more after 4 years, and certain outdoor apparel after 5 years) and allow verified transfers of stocks to approved research entities.

Federal floor for PFAS rules

If enacted, the bill would make federal PFAS rules the minimum nationwide standard. States could not set weaker PFAS rules, but they could adopt stricter ones. If a federal rule is delayed or blocked by a court, States could impose rules until the federal rule takes effect.

PFAS research centers and funding

If enacted, the bill would create two PFAS Centers of Excellence to improve testing, removal, and destruction methods. EPA must seek a 10-year science agreement (for reviews and reports) and the National Academies must give an initial report within 1 year. The bill directs $25 million from DOD FY2027 funds to support the centers through September 30, 2036, caps admin costs at 4 percent, and authorizes such sums as necessary for EPA to run the program in fiscal years 2027–2036.

Changes to PFAS legal claims

If enacted, the bill would let people keep suing for PFAS harms in several new ways. Claims tied to persistent, bioaccumulative, and toxic chemicals (including PFAS) would not be blocked by a related company’s bankruptcy filing. The bill would also shift when some state time limits start for PFAS injuries and property damage. It would set short deadlines for appealing final PFAS rules in federal court and include a severability rule so other parts stay if one part is struck down.

Federal buying rules and exemptions

If enacted, the bill would require federal agencies to follow PFAS rules like private companies and to try to stop buying products known to contain PFAS. Agencies could survey purchases and pause buying items not certified PFAS-free while finding safer options. The United States would waive sovereign immunity for these compliance duties, but federal workers acting in their jobs would not face personal civil fines. The President could exempt agencies for national security reasons for up to one year at a time and must report exemptions to Congress each January 31.

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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