[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9615 Engrossed in House (EH)]

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119th CONGRESS
  2d Session
                                H. R. 9615

_______________________________________________________________________

                                 AN ACT


 
    To support the recycling and recovery of lithium-ion batteries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battery Recycling for America's 
Competitive Economy Act'' or the ``BRACE Act''.

SEC. 2. END OF LIFE LITHIUM-ION BATTERY MANAGEMENT.

    (a) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Battery.--The term ``battery'' has the meaning given 
        such term in section 273.9 of title 40, Code of Federal 
        Regulations (or any successor regulations).
            (3) Destination facility.--The term ``destination 
        facility'' has the meaning given such term in section 273.9 of 
        title 40, Code of Federal Regulations (or any successor 
        regulations).
            (4) Large quantity handler of universal waste.--The term 
        ``large quantity handler of universal waste'' has the meaning 
        given such term in section 273.9 of title 40, Code of Federal 
        Regulations (or any successor regulations).
            (5) Lithium-ion battery.--The term ``lithium-ion battery'' 
        means a battery that uses the movement of lithium ions between 
        two electrodes to store and release energy.
    (b) Interim Requirements for Lithium-ion Batteries.--Until the date 
on which the Administrator issues the rule pursuant to subsection (c), 
in lieu of the requirements described in section 273.60(a) of title 40, 
Code of Federal Regulations (or any successor regulations), a 
destination facility that stores lithium-ion batteries prior to 
recycling such lithium-ion batteries shall comply with--
            (1) the requirements described in sections 273.33(a)(1), 
        273.35, 273.36, and 273.37 of title 40, Code of Federal 
        Regulations (or any successor regulations), which shall apply 
        as if the destination facility were a large quantity handler of 
        universal waste; and
            (2) the requirements described in section 273.60(b) of 
        title 40, Code of Federal Regulations (or any successor 
        regulations), which shall apply as if the destination facility 
        did not store the lithium-ion batteries prior to recycling such 
        lithium-ion batteries.
    (c) Universal Waste Rulemaking for Lithium-ion Batteries.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall issue a rule 
        regarding the management of lithium-ion batteries as universal 
        waste.
            (2) Contents.--In issuing the rule pursuant to paragraph 
        (1), the Administrator shall consider including in such rule, 
        in addition to any other issue that arises as part of the 
        notice and comment period for such rule, the following:
                    (A) Universal waste requirements specially tailored 
                for lithium-ion batteries.
                    (B) Elements of the interim requirements for 
                lithium-ion batteries specified in subsection (b), as 
                appropriate.
                    (C) Any additional regulatory changes to support 
                the recycling of lithium-ion batteries and recovery of 
                critical minerals, while maintaining protections for 
                health and the environment.
                    (D) Additional safety requirements needed to 
                address gaps in existing protections.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to limit any future rulemaking of the 
        Environmental Protection Agency regarding lithium-ion 
        batteries.

SEC. 3. TECHNICAL UPDATES TO THE MERCURY-CONTAINING AND RECHARGEABLE 
              BATTERY MANAGEMENT ACT.

    Section 104(a) of the Mercury-Containing and Rechargeable Battery 
Management Act (42 U.S.C. 14323(a)) is amended by striking ``the 
regulations promulgated by the Environmental Protection Agency at 60 
Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995'' and 
inserting ``part 273 of title 40, Code of Federal Regulations (or any 
successor regulations)''.

            Passed the House of Representatives September 15, 2026.

            Attest:

                                                                 Clerk.
119th CONGRESS

  2d Session

                               H. R. 9615

_______________________________________________________________________

                                 AN ACT

    To support the recycling and recovery of lithium-ion batteries.