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September 15, 2026
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Download official House Record PDFReturn to issue contextMr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 9615) to support the recycling and recovery of lithium-ion batteries, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 9615
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)”.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Kentucky (Mr. Guthrie) and the gentlewoman from Texas (Mrs. Fletcher) each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on the legislation and to include extraneous material on H.R. 9615.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, end-of-life batteries are a strategic source of nickel, cobalt, and copper, and the volume of batteries available for recycling is expected to triple over the next 10 years.
BRACE Act, introduced by my colleague Representative Miller-Meeks, would address an unnecessary limitation in the EPA's current regulations by allowing destination facilities that recycle lithium-ion batteries to store the batteries prior to recycling.
establish lithium-ion batteries as a separate category of universal waste within 18 months, providing greater regulatory clarity and certainty to support the growth of the domestic battery recycling industry.
Mr. Speaker, the House Energy and Commerce Committee advanced this bill by a unanimous vote, 46-0. I urge my colleagues in the House to support this bipartisan legislation, and I reserve the balance of my time.
Mrs. FLETCHER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 9615, the BRACE Act, will help us increase the domestic recycling of batteries while keeping critical minerals found in those batteries in the United States for future use.
economic supply chain. First and foremost, this bill will require the Environmental Protection Agency to develop, finally, a regulatory framework specifically for lithium-ion battery recycling that addresses safety concerns while protecting public health and the environment.
which is critically important as many landfills and recyclers have been forced to address the fire hazards associated with lithium-ion batteries without any guidance from EPA on how to manage these risks.
health and the environment. This is because we know that many of the substances found within these batteries are hazardous and should be managed properly.
lithium-ion batteries before recycling and facilities that store battery waste onsite. It also maintains and, in some cases, establishes stronger regulatory guidelines for safety at these facilities.
recycling. It ensures we keep critical mineral components in our domestic supply chain, all while protecting health and safety.
To be clear, the BRACE Act is a bipartisan compromise. While the text does not include everything either side might have wanted, there was significant bipartisan work done to reach this agreement.
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advanced out of the Energy and Commerce Committee. I believe the BRACE Act is a reasonable and meaningful step forward on battery recycling, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentlewoman from Iowa (Mrs. Miller-Meeks), the champion and sponsor of this issue and a member of the Energy and Commerce Committee.
Mrs. MILLER-MEEKS. Mr. Speaker, I thank the chairman for yielding me time.
I rise today in support of my legislation, H.R. 9615, Battery Recycling for America's Competitive Economy Act, the BRACE Act.
recycling industry and recover critical minerals already in our country. This is on top of bills I have introduced with the same thing, recovering from hard drives.
electric vehicles, energy storage, communication, and consumer products. As these batteries reach the end of their lives, recycling can help recover valuable critical minerals, including lithium, cobalt, nickel, and copper. Yet, much of this material is sent overseas, often to China, for processing. In our landfills, it creates a fire hazard.
lithium-ion batteries, create unnecessary costs and uncertainty for recyclers. The BRACE Act would allow destination facilities to store lithium-ion batteries at the same location where they are recycled, eliminating unnecessary costs or the need for complex permits.
Mr. Speaker, I urge my colleagues to vote for the BRACE Act.
Mrs. FLETCHER. Mr. Speaker, the BRACE Act is a reasonable and meaningful step forward on battery recycling. I urge my colleagues to support it and vote in favor of it.
Mr. Speaker, I yield back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I appreciate the hard work of Mrs. Miller- Meeks on this issue and her leadership. I encourage a “yes” vote on this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Kentucky (Mr. Guthrie) that the House suspend the rules and pass the bill, H.R. 9615, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.