BATTERY RECYCLING FOR AMERICA'S COMPETITIVE ECONOMY ACT

On 2026-09-15, Representative Brett Guthrie (R-KY-2) delivered a floor speech titled "BATTERY RECYCLING FOR AMERICA'S COMPETITIVE ECONOMY ACT" in the House.

BATTERY RECYCLING FOR AMERICA'S COMPETITIVE ECONOMY ACT

Congressional Record, Volume 172 Issue 145 (Tuesday, September 15, 2026) [Congressional Record Volume 172, Number 145 (Tuesday, September 15, 2026)] [House] [Pages H5678-H5679] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] BATTERY RECYCLING FOR AMERICA'S COMPETITIVE ECONOMY ACT Mr. 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. The Battery Recycling for America's Competitive Economy Act, or the 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. The legislation would also require EPA to conduct a rulemaking to 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. This bill is a compromise and a win-win for the environment and our 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. EPA has promised battery recyclers a lithium-ion battery rule for years, and the BRACE Act will finally get it done. The new rule will consider new safety measures for battery recycling, 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. The rule also requires EPA to take into consideration any impacts on 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. The bill creates parity between facilities that temporarily store 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. The BRACE Act offers a meaningful path forward on lithium-ion battery 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. [[Page H5679]] {time} 1950 I commend my colleagues for their efforts, as this bill unanimously 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. This is a bipartisan bill to strengthen America's domestic battery 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. I would also like to thank my colleagues across the aisle, Representatives Menendez and Ruiz, for joining me on this legislation. Demand for lithium-ion batteries has grown exponentially, driven by 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. Our current RCRA regulations, which predate the widespread use of 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. This commonsense update will help grow domestic battery recycling and strengthen our critical mineral supply chains. 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. Mill

Referenced legislation: HR9615, HR9615