Constitution Index · H.R. 9615 · 2026-07-09
BRACE Act
Latest official status (2026-09-16): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
B
Mostly sound
The BRACE Act is a federal statute that adjusts the regulatory classification of lithium-ion batteries under the Resource Conservation and Recovery Act (RCRA). It operates within Congress's enumerated power to regulate interstate commerce and does not infringe on individual rights. The main constitutional tension is the centralization of environmental regulation at the federal level, which, while permissible under the Commerce Clause, raises Tenth Amendment federalism concerns. The bill does not violate due process or takings protections.
Amendment X Article I, Section 8, Clause 3
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has authority under Article I, Section 8, Clause 3 (the Commerce Clause) to regulate the handling and disposal of hazardous waste, including lithium-ion batteries, as these activities substantially affect interstate commerce. The bill amends RCRA, a statute enacted under this authority. The regulation of battery recycling and critical mineral recovery falls within the federal government's power to regulate interstate and international commerce.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, the right to bear arms, quartering of soldiers, unreasonable searches and seizures, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It is a regulatory measure affecting commercial activity, not individual liberties.
Individual liberty · passes
The bill does not restrict individual freedom. It actually reduces regulatory burdens on certain facilities by allowing them to follow less stringent universal waste regulations instead of hazardous waste regulations. This eases compliance burdens on businesses and does not restrict what individuals can do with their person, property, speech, labor, or belief.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it consolidates decision-making at the federal level. While the regulation of hazardous waste has historically been a federal concern under RCRA, the bill continues federal oversight of battery recycling, which could arguably be handled at the state or local level. However, the bill does not directly violate the Tenth Amendment because it operates within federal commerce power and does not commandeer state governments.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process of law. It does not impose new penalties or take private property without just compensation. It merely adjusts the regulatory classification for certain facilities, which is a rational exercise of legislative authority. There is no arbitrary or capricious government action.
Provenance
- Congress.gov: HR 9615 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #598 | 2026-10-11 | vfa-constitutional-grade/1.0 | b8ed0c7ba3d7 | current |
Cite this
Values for America. “Constitutional grade: H.R. 9615, BRACE Act.” VFA Constitution Index, grade 598 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/598. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/598
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