[House Report 119-77]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-77
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SETTING CONSUMER STANDARDS FOR LITHIUM-ION BATTERIES ACT
_______
April 24, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 973]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 973) to establish consumer standards for
lithium-ion batteries, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 2
Committee Votes.................................................. 3
Oversight Findings and Recommendations........................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 3
Related Committee and Subcommittee Hearings...................... 3
Committee Cost Estimate.......................................... 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE AND SUMMARY
H.R. 973, the Setting Consumer Standards for Lithium-Ion
Batteries Act, was introduced by Representative Torres on
February 4, 2025, and referred to the Committee on Energy and
Commerce. H.R. 973 requires the Consumer Product Safety
Commission (CPSC) to promulgate a consumer product safety
standard to protect consumers from the risk of fires associated
with rechargeable lithium-ion batteries used in micromobility
devices.
BACKGROUND AND NEED FOR LEGISLATION
Lithium-Ion batteries are lightweight, rechargeable
batteries found in many consumer electronics and are often used
in micromobility devices, such as electric bikes and scooters.
When poorly made, lacking adequate safety testing, charged
improperly, or damaged, these batteries are prone to ignite and
the associated fires may be accompanied by explosions and the
release of toxic gas.\1\ As micromobility devices have risen in
popularity, the use of lithium-ion batteries has increased,
creating the need for safety standards. Currently, there is no
federal safety standard for lithium-ion batteries\2\ and many
uncertified and untested batteries are available for
purchase.\3\
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\1\National Fire Protection Association, Lithium-Ion Battery Safety
(accessed Apr.14, 2025), https://www.nfpa.org/education-and-research/
home-fire-safety/lithium-ion-batteries.
\2\Letter from the International Association of Fire Fighters, to
Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis and
Ranking Member Jan Schakowsky, (Sept. 26, 2023).
\3\International Association of Fire Fighters, Preventing Lithium-
Ion Battery Fires, (July 18, 2023), https://www.iaff.org/news/
preventing-lithium-ion-battery-fires/.
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From 2019 to 2023, the Fire Department of New York reported
more than 400 fires, 300 injuries, and twelve deaths caused by
lithium-ion batteries in New York City alone.\4\ Urban areas
are at an increased risk for injuries and property damage due
to high population density, but Lithium-ion battery fires
impact communities across the United States. Consumer advocates
and fire professionals have warned consumers only to use
certified and tested products and called for strong federal
safety standards.\5\
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\4\See note 2.
\5\See note 1.
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COMMITTEE ACTION
On September 27, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing on H.R. 1797.\6\ The hearing
was entitled, ``Proposals to Enhance Product Safety and
Transparency for Americans.'' The Subcommittee received
testimony from:
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\6\This legislation was introduced in the 118th Congress as H.R.
1797.
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Kathleen Callahan, Owner, Xpertech Auto
Repair;
Scott Benavidez, Chairman, Automotive
Service Association;
Steven Michael Gentine, Counsel, Arnold &
Porter, LLP;
John Breyault, Vice President of Public
Policy, Telecommunications and Fraud, National
Consumers League; and
David Touhey, Certified Venue Expert,
Principal, Connett Consulting (IAVM, Fix the Tix
Coalition member, former president of venues,
Monumental Sports); and Adjunct Professor of sports
management, Georgetown University and George Washington
University.
On April 8, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 973, without
amendment, favorably reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. There were no record votes taken in connection with
ordering H.R. 973 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 973 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to direct
the CPSC to promulgate a final consumer product safety standard
to protect consumer lives and property against the risk of
fires caused by lithium-ion batteries.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 973 is known to be duplicative of another Federal program,
including any program that was included in a report to Congress
pursuant to section 21 of Public Law 111-139 or the most recent
Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 973:
On September 27, 2023, the Subcommittee on
Innovation, Data, and Commerce held a hearing on H.R.
1797. The hearing was entitled, ``Proposals to Enhance
Product Safety and Transparency for Americans.'' The
Subcommittee received testimony from:
Kathleen Callahan, Owner,
Xpertech Auto Repair;
Scott Benavidez, Chairman,
Automotive Service Association;
Steven Michael Gentine, Counsel,
Arnold & Porter, LLP;
John Breyault, Vice President of
Public Policy, Telecommunications and Fraud,
National Consumers League; and
David Touhey, Certified Venue
Expert, Principal, Connett Consulting (IAVM,
Fix the Tix Coalition member, former president
of venues, Monumental Sports); and Adjunct
Professor of sports management, Georgetown
University and George Washington University.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 973 contains no earmarks, limited tax
benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 allows the Act to be cited as the ``Setting
Consumer Standards for Lithium-Ion Batteries Act.''
Section 2. Consumer product safety standard for certain batteries
Section 2 requires the Consumer Product Safety Commission
to promulgate, under 5 U.S.C. 553, the provisions of ANSI/CAN/
UL 2271, ANSI/CAN/UL 2849, and ANSI/CAN/UL 2272, and any
revisions of such standards, as a final consumer product safety
standard for consumer products, as defined in section 3(a)(5)
of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)). Such
a standard will be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058). Section 2 also requires the CPSC to submit a
report to Congress no later than 5 years after the date of
enactment of this act regarding fires, explosions, and other
hazards relating to lithium-ion batteries used in micromobility
devices during the period between date of enactment and the
report date.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.