Union Calendar No. 260
104TH CONGRESS
2D SESSION
H. R. 2024
[Report No. 104–530]
A BILL
To phase out the use of mercury in batteries and
provide for the efficient and cost-effective collec-
tion and recycling or proper disposal of used
nickel cadmium batteries, small sealed lead-acid
batteries, and certain other batteries, and for
other purposes.
APRIL 23, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 260
104TH CONGRESS
2D SESSION
H. R. 2024
[Report No. 104–530]
To 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.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1995
Mr. KLUG (for himself, Mr. GILLMOR, Mr. BILIRAKIS, Mr. BROWN of Ohio,
Mr. FIELDS of Texas, Mr. FRANKS of Connecticut, Mr. HASTERT, Mrs.
LINCOLN, Mr. MANTON, Mr. PALLONE, Mr. RICHARDSON, Mr. STEARNS,
Mr. TAUZIN, and Mrs. THURMAN) introduced the following bill; which
was referred to the Committee on Commerce
APRIL 23, 1996
Additional sponsors: Mr. TOWNS, Mr. PAXON, Mr. GEJDENSON, Mr. ACKER-
MAN, Mr. DEUTSCH, Mr. BURR, Mr. EWING, Mr. SCHAEFER, Mr. SEN-
SENBRENNER, Mr. STUPAK, Mr. LUTHER, Mr. GREENWOOD, Mr. LIGHT-
FOOT, Mr. SANDERS, Mr. COX of California, Ms. FURSE, Mr. DEAL of
Georgia, Mr. FOLEY, and Mr. WHITE
APRIL 23, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 12, 1995]
A BILL
To 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 bat-
teries, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mercury-Containing and
Rechargeable Battery Management Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) it is in the public interest to—
(A) phase out the use of mercury in bat-
teries and provide for the efficient and cost-effec-
tive 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 collec-
tion, recycling, and proper disposal of such bat-
teries;
(2) uniform national labeling requirements for
regulated batteries, rechargeable consumer products,
and product packaging will significantly benefit pro-
grams for regulated battery collection and recycling
or proper disposal; and
(3) it is in the public interest to encourage per-
sons who use rechargeable batteries to participate in
collection for recycling of used nickel-cadmium, small
sealed lead-acid, and other regulated batteries.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) BUTTON
CELL.—The term ‘‘button cell’’
means a button- or coin-shaped battery.
(3) EASILY REMOVABLE.—The term ‘‘easily re-
movable’’, 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 bat-
tery 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 ‘‘re-
chargeable battery’’—
(A) means 1 or more voltaic or galvanic
cells, electrically connected to produce electric en-
ergy, that is designed to be recharged for re-
peated 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 bat-
tery pack (and in the case of a battery pack, for
the purposes of the requirements of easy remov-
ability 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 prin-
cipal 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 gen-
erated 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 pur-
pose that requires uninterrupted electrical
power in order to function if the primary
energy supply fails or fluctuates momentar-
ily; or
(iv) a rechargeable alkaline battery.
(6) RECHARGEABLE CONSUMER PRODUCT.—The
term ‘‘rechargeable consumer product’’—
(A) means a product that, when sold at re-
tail, 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 re-
quires 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 elec-
trodes; or
(B) contains other electrode chemistries and
is the subject of a determination by the Adminis-
trator under section 103(d).
(8) REMANUFACTURED
PRODUCT.—The term
‘‘remanufactured product’’ means a rechargeable
consumer product that has been altered by the re-
placement of parts, repackaged, or repaired after ini-
tial sale by the original manufacturer.
SEC. 4. INFORMATION DISSEMINATION.
The Administrator shall, in consultation with rep-
resentatives of rechargeable battery manufacturers, re-
chargeable consumer product manufacturers, and retailers,
establish a program to provide information to the public
concerning the proper handling and disposal of used regu-
lated batteries and rechargeable consumer products with
nonremovable batteries.
SEC. 5. ENFORCEMENT.
(a) CIVIL PENALTY.—When on the basis of any infor-
mation the Administrator determines that a person has vio-
lated, or is in violation of, any requirement of this Act (ex-
cept 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
issue subpoenas for the attendance and testimony of wit-
nesses and for the production of relevant papers, books, and
documents.
(g) CONTINUED VIOLATION AFTER EXPIRATION OF PE-
RIOD FOR COMPLIANCE.—If a violator fails to take correc-
tive action within the time specified in an order under sub-
section (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 pro-
motional purposes without modification.
The preceding sentence shall not apply to a person who is
the importer of a battery or product covered by this Act
and who has knowledge that the sale, offering for sale, or
offering for promotional purposes of such battery or product
is prohibited by this Act.
SEC. 6. INFORMATION GATHERING AND ACCESS.
(a) RECORDS AND REPORTS.—A person who is re-
quired to carry out the objectives of this Act, including—
(1) a regulated battery manufacturer;
(2) a rechargeable consumer product manufac-
turer;
(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 rea-
sonably 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 main-
tained under subsection (a).
(c) 
CONFIDENTIALITY.—The 
Administrator 
shall
maintain the confidentiality of documents and records that
contain proprietary information.
SEC. 7. STATE AUTHORITY.
Nothing in this Act shall be construed to prohibit a
State from enacting and enforcing a standard or require-
ment that is identical to a standard or requirement estab-
lished or promulgated under this Act. Except as provided
in sections 103(e) and 104, nothing in this Act shall be con-
strued 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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary to carry out this Act.
TITLE I—RECHARGEABLE
BATTERY RECYCLING ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Rechargeable Battery
Recycling Act’’.
SEC. 102. PURPOSE.
The purpose of this title is to facilitate the efficient
recycling or proper disposal of used nickel-cadmium re-
chargeable batteries, used small sealed lead-acid recharge-
able batteries, other regulated batteries, and such recharge-
able batteries in used consumer products, by—
(1) providing for uniform labeling requirements
and streamlined regulatory requirements for regulated
battery collection programs; and
(2) encouraging voluntary industry programs by
eliminating barriers to funding the collection and re-
cycling or proper disposal of used rechargeable bat-
teries.
SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LA-
BELING.
(a) PROHIBITION.—
(1) IN GENERAL.—No person shall sell for use in
the United States a regulated battery that is ready for
retail sale or a rechargeable consumer product that
is ready for retail sale, if such battery or product was
manufactured on or after the date 12 months after
the date of enactment of this Act, unless the labeling
requirements of subsection (b) are met and, in the
case of a regulated battery, the regulated battery—
(A) is easily removable from the recharge-
able consumer product; or
(B) is sold separately.
(2) APPLICATION.—Paragraph (1) does not
apply to any of the following:
(A) The sale of a remanufactured product
unit unless paragraph (1) applied to the sale of
the unit when originally manufactured.
(B) The sale of a product unit intended for
export purposes only.
(b) LABELING.—Each regulated battery or recharge-
able consumer product without an easily removable battery
manufactured on or after the date that is 1 year after the
date of enactment of this Act, whether produced domesti-
cally or imported shall bear the following labels:
(1) 3 chasing arrows or a comparable recycling
symbol.
(2)(A) On each regulated battery which is a
nickel-cadmium battery, the chemical name or the ab-
breviation ‘‘Ni-Cd’’ and the phrase ‘‘BATTERY
MUST BE RECYCLED OR DISPOSED OF PROP-
ERLY.’’.
(B) On each regulated battery which is a lead-
acid battery, ‘‘Pb’’ or the words ‘‘LEAD’’, ‘‘RE-
TURN’’, and ‘‘RECYCLE’’ and if the regulated bat-
tery is sealed, the phrase ‘‘BATTERY MUST BE RE-
CYCLED.’’.
(3) On each rechargeable consumer product con-
taining a regulated battery that is not easily remov-
able, the phrase ‘‘CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECYCLED OR
DISPOSED OF PROPERLY.’’ or ‘‘CONTAINS
SEALED LEAD BATTERY. BATTERY MUST BE
RECYCLED.’’, as applicable.
(4) On the packaging of each rechargeable
consumer product, and the packaging of each regu-
lated battery sold separately from such a product, un-
less the required label is clearly visible through the
packaging, the phrase ‘‘CONTAINS NICKEL-CAD-
MIUM BATTERY. BATTERY MUST BE RECY-
CLED OR DISPOSED OF PROPERLY.’’ or ‘‘CON-
TAINS SEALED LEAD BATTERY. BATTERY
MUST BE RECYCLED.’’, as applicable.
(c) EXISTING OR ALTERNATIVE LABELING.—
(1) INITIAL PERIOD.—For a period of 2 years
after the date of enactment of this Act, regulated bat-
teries, rechargeable consumer products containing reg-
ulated batteries, and rechargeable consumer product
packages that are labeled in substantial compliance
with subsection (b) shall be deemed to comply with
the labeling requirements of subsection (b).
(2) CERTIFICATION.—
(A) IN GENERAL.—On application by per-
sons subject to the labeling requirements of sub-
section (b) or the labeling requirements promul-
gated by the Administrator under subsection (d),
the Administrator shall certify that a different
label meets the requirements of subsection (b) or
(d), respectively, if the different label—
(i) conveys the same information as the
label required under subsection (b) or (d),
respectively; or