H.R. 9615 – Reading Mode

IIB

119th CONGRESS

2d Session

H. R. 9615

IN THE SENATE OF THE UNITED STATES

September 16, 2026

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

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

Short title

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

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.

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.

Kevin F. McCumber,

Clerk.