AN ACTTo phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and certain other batteries, and for other purposes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. [42 U.S.C. 14301 note] SHORT TITLE. This Act may be cited as the “Mercury-Containing and Rechargeable Battery Management Act”.

SEC. 2. [42 U.S.C. 14301 note] FINDINGS. The Congress finds that— (1) it is in the public interest to— (A) phase out the use of mercury in batteries and provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium batteries, small sealed lead-acid batteries, and other regulated batteries; and (B) educate the public concerning the collection, recycling, and proper disposal of such batteries; (2) uniform national labeling requirements for regulated batteries, rechargeable consumer products, and product packaging will significantly benefit programs for regulated battery collection and recycling or proper disposal; and (3) it is in the public interest to encourage persons who use rechargeable batteries to participate in collection for recycling of used nickel-cadmium, small sealed lead-acid, and other regulated batteries.

SEC. 3. [42 U.S.C. 14302] DEFINITIONS. For purposes of this Act: (1) Administrator.—The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Button cell.—The term “button cell” means a button- or coin-shaped battery. (3) Easily removable.—The term “easily removable”, with respect to a battery, means detachable or removable at the end of the life of the battery— (A) from a consumer product by a consumer with the use of common household tools; or (B) by a retailer of replacements for a battery used as the principal electrical power source for a vehicle. (4) Mercuric-oxide battery.—The term “mercuric-oxide battery” means a battery that uses a mercuric-oxide electrode. (5) Rechargeable battery.—The term “rechargeable battery”— (A) means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and (B) includes any type of enclosed device or sealed container consisting of 1 or more such cells, including what is commonly called a battery pack (and in the case of a battery pack, for the purposes of the requirements of easy removability and labeling under section 103, means the battery pack as a whole rather than each component individually); but (C) does not include— (i) a lead-acid battery used to start an internal combustion engine or as the principal electrical power source for a vehicle, such as an automobile, a truck, construction equipment, a motorcycle, a garden tractor, a golf cart, a wheelchair, or a boat; (ii) a lead-acid battery used for load leveling or for storage of electricity generated by an alternative energy source, such as a solar cell or wind-driven generator; (iii) a battery used as a backup power source for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily; or (iv) a rechargeable alkaline battery. (6) Rechargeable consumer product.—The term “rechargeable consumer product”— (A) means a product that, when sold at retail, includes a regulated battery as a primary energy supply, and that is primarily intended for personal or household use; but (B) does not include a product that only uses a battery solely as a source of backup power for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily. (7) Regulated battery.—The term “regulated battery” means a rechargeable battery that— (A) contains a cadmium or a lead electrode or any combination of cadmium and lead electrodes; or (B) contains other electrode chemistries and is the subject of a determination by the Administrator under section 103(d). (8) Remanufactured product.—The term “remanufactured product” means a rechargeable consumer product that has been altered by the replacement of parts, repackaged, or repaired after initial sale by the original manufacturer.

SEC. 4. [42 U.S.C. 14303] INFORMATION DISSEMINATION. The Administrator shall, in consultation with representatives of rechargeable battery manufacturers, rechargeable consumer product manufacturers, and retailers, establish a program to provide information to the public concerning the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries.

SEC. 5. [42 U.S.C. 14304] ENFORCEMENT. (a) Civil Penalty.—When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this Act (except a requirement of section 104) the Administrator— (1) in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or (2) in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction. (b) Contents of Order.—An order under subsection (a)(1) shall state with reasonable specificity the nature of the violation. (c) Considerations.—In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Finality of Order; Request for Hearing.—An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record. (e) Hearing.—On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record. (f) Subpoena Power.—In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents. (g) Continued Violation After Expiration of Period for Compliance.—If a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order. (h) Savings Provision.—The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this Act that was— (1) purchased ready for sale to the ultimate consumer; and (2) sold, offered for sale, or offered for promotional purposes without modification. The preceding sentence shall not apply to a person— (A) who is the importer of a battery covered by this Act, and (B) who has knowledge of the chemical contents of the battery when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under title II of this Act.

SEC. 6. [42 U.S.C. 14305] INFORMATION GATHERING AND ACCESS. (a) Records and Reports.—A person who is required to carry out the objectives of this Act, including— (1) a regulated battery manufacturer; (2) a rechargeable consumer product manufacturer; (3) a mercury-containing battery manufacturer; and (4) an authorized agent of a person described in paragraph (1), (2), or (3), shall establish and maintain such records and report such information as the Administrator may by regulation reasonably require to carry out the objectives of this Act. (b) Access and Copying.—The Administrator or the Administrator's authorized representative, on presentation of credentials of the Administrator, may at reasonable times have access to and copy any records required to be maintained under subsection (a). (c) Confidentiality.—The Administrator shall maintain the confidentiality of documents and records that contain proprietary information.

SEC. 7. [42 U.S.C. 14306] STATE AUTHORITY. Nothing in this Act shall be construed to prohibit a State from enacting and enforcing a standard or requirement that is identical to a standard or requirement established or promulgated under this Act. Except as provided in sections 103(e) and 104, nothing in this Act shall be construed to prohibit a State from enacting and enforcing a standard or requirement that is more stringent than a standard or requirement established or promulgated under this Act.

SEC. 8. [42 U.S.C. 14307] AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.