[Senate Report 119-50]
[From the U.S. Government Publishing Office]
Calendar No. 133
119th Congress } { Report
SENATE
1st Session } { 119-50
_______________________________________________________________________
SETTING CONSUMER STANDARDS FOR LITHIUM-ION BATTERIES ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 389
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 29, 2025.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 133
119th Congress } { Report
SENATE
1st Session } { 119-50
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SETTING CONSUMER STANDARDS FOR LITHIUM-ION BATTERIES ACT
_______
July 29, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 389]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 389) to establish consumer
standards for lithium-ion batteries, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill (as amended) do pass.\1\
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\1\At the markup, S. 389 was ordered to be reported without
amendment, but post-markup, a technical amendment required the bill to
be reported favorably with an amendment.
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PURPOSE OF THE BILL
The purpose of S. 389 is to protect consumers from the risk
of fires due to rechargeable lithium-ion batteries by requiring
the Consumer Product Safety Commission (CPSC) to issue a
consumer product safety standard for rechargeable lithium-ion
batteries used in micromobility devices, such as electric
bicycles and scooters.
BACKGROUND AND NEEDS
Lithium-ion batteries are used in various consumer devices,
including electric scooters and bicycles.\2\ As the number of
electric bicycles and scooters have increased, the number of
lithium-ion batteries in circulation has increased. Lithium-ion
batteries were fitted to 75 percent of electric scooters in
2023.\3\
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\2\``Safety Tips for Lithium-Ion Batteries,'' FDNY Smart (https://
www.fdnysmart.org/
be-fdnysmart-when-using-any-devices-powered-by-lithium-ion-batteries/).
\3\Daniel Foley, ``Electric Scooter Batteries--Everything You Need
to Know, Unagi Scooters,'' August 6, 2024 (https://unagiscooters.com/
scooter-articles/electric-scooter-batteries-everything-you-need-to-
know/).
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Defective lithium-ion batteries, which often do not meet
recognized industry safety standards, can overheat, catch fire,
or explode.\4\ For example, in New York City, batteries caused
over 250 fires in 2023, posing a safety risk not only to owners
of the battery-powered products, but anyone in close
proximity.\5\ Since 2021, lithium-ion battery fires have caused
over 300 injuries and 29 deaths, as well as damage to many
structures.\6\ Fires caused by lithium-ion batteries are
especially difficult for fire departments to manage because the
batteries can quickly burst into flames.\7\ Their spread is
accelerated by the flammable and toxic gases they release,
including carbon monoxide and hydrogen fluoride.\8\ Fire
departments across the United States have conducted education
campaigns about batteries as an attempt to prevent and minimize
the hazards of lithium-ion battery fires.\9\
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\4\Samantha Murphy Kelly, ``Lithium-ion Battery Fires Are Happening
More Often. Here's How to Prevent Them,'' CNN, March 9, 2023 (https://
www.cnn.com/2023/03/09/tech/lithium-ion-battery-fires/index.html).
\5\Erin Ailworth, Lithium-Ion Batteries Are Everywhere. Fires
Caused by Shoddy Ones are on the Rise, Wall Street Journal, March 17,
2024 (https://www.wsj.com/us-news/lithium-ionbatteries-are-everywhere-
fires-caused-by-shoddy-ones-are-on-the-rise-ef6fb633).
\6\Office of U.S. Senator Kirsten Gillibrand, press release, March
26, 2024 (https://www.gillibrand.senate.gov/news/press/release/
gillibrand-schumer-announce-e-bike-safety-bill-is-now-bipartisan-in-
the-senate-with-addition-of-republican-cosponsors/).
\7\Erin Ailworth, ``Lithium-Ion Batteries Are Everywhere. Fires
Caused by Shoddy Ones Are on the Rise,'' The Wall Street Journal, March
17, 2024 (https://www.wsj.com/us-news/lithium-ion-batteries-are-
everywhere-fires-caused-by-shoddy-ones-are-on-the-rise-ef6fb633).
\8\Ibid.
\9\``Take C.H.A.R.G.E. of Battery Safety Campaign,'' Fire Safety
Research Institute, October 18, 2023 (https://fsri.org/programs/take-
charge-battery-safety).
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UL Solutions has established voluntary standards for
lithium-ion battery manufacturing; however, lower-cost imported
devices--particularly from China--may not meet these
standards.\10\ Less expensive imported lithium-ion batteries
that do not meet the UL standards typically are the cause of
fires due to their lack of quality control in
manufacturing.\11\
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\10\Stephanie Clifford, ```Fire! Fire! Fire!' The Perplexing,
Deadly Electric Bike Problem,'' Consumer Reports, December 8, 2022
(https://www.consumerreports.org/health/electric-bikes/
electric-bike-fires-and-lithium-ion-batteries-a4632489902/).
\11\Peter Allan Clark, ``Lithium Battery Fires Spark Regulation
Push,'' Axios, March 31, 2023 (https://www.axios.com/2023/03/31/
battery-fires-regulation-new-york-city-lithium-ion).
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If manufactured safely according to UL standards, lithium-
ion batteries have a very low rate of failure.\12\ However,
without a standard, it can be difficult for consumers to
ascertain the difference between poorly manufactured batteries
that do not meet industry standards and safely manufactured
batteries that do.\13\ Requiring all lithium-ion batteries for
micromobility devices--even those imported into the United
States--to meet CPSC-adopted safety standards would ensure that
all lithium-ion batteries available for consumer purchase meet
a baseline level of safety.
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\12\``E-Scooter & E-Bike Battery Fires,'' UL Standards and
Engagement (https://ulse.org/e-bikes).
\13\Samantha Murphy Kelly, ``Lithium-ion Battery Fires Are
Happening More Often. Here's How to Prevent Them,'' CNN, March 9, 2023
(https://www.cnn.com/2023/03/09/tech/lithium-ion-battery-fires/
index.html).
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This bill would require the CPSC to adopt three UL
standards for lithium-ion batteries as consumer product safety
standards for rechargeable lithium-ion batteries used in
micromobility devices, such as electric scooters or bikes, in
order to protect against fires.
SUMMARY OF PROVISIONS
S. 389 would do the following:
Require the CPSC to adopt ANSI/CAN/UL 2271
(standard for batteries for use in light electric
vehicle application); ANSI/CAN/UL 2849 (standard for
safety for electrical systems for ebikes); and ANSI/
CAN/UL 2272 (standard for electrical systems for
personal e-mobility devices) as consumer product safety
standards for rechargeable lithium-ion batteries used
in micromobility devices, such as electric bikes and
scooters.
Require the CPSC to adopt ANSI/CAN/UL
revisions unless the CPSC determines that such
revisions do not improve the safety of the consumer
product covered by the standard.
Require the CPSC to submit a report to the
Senate Commerce Committee and the House Energy and
Commerce Committee regarding fires, explosions, and
other hazards relating to lithium-ion batteries used in
micromobility devices.
LEGISLATIVE HISTORY
S. 389, the Setting Consumer Standards for Lithium-Ion
Batteries Act, was introduced on February 4, 2025, by Senator
Gillibrand (for herself and Senators Blackburn, Fischer, and
Schumer) and was referred to the Committee on Commerce,
Science, and Transportation of the Senate. On March 12, 2025,
the Committee met in open Executive Session and, by voice vote,
ordered S. 389 to be reported favorably without amendment.
After the markup, the bill had a technical amendment which
required S. 389 to be reported favorably with an amendment.
118th Congress
S. 1008, the Setting Consumer Standards for Lithium-Ion
Batteries Act, was introduced by Senator Gillibrand (for
herself and Senator Schumer) and was referred to the Committee
on Commerce, Science, and Transportation of the Senate. On July
31, 2024, the Committee met in open Executive Session and, by
voice vote, ordered S. 1008 to be reported favorably without
amendment. Senators Blackburn, Braun, and Tester became
additional cosponsors.
H.R. 1797, a House companion bill, was introduced on March
24, 2023, by Representative Torres (for himself and
Representatives Garbarino, Clarke of NY, Ryan, Bowman,
D'Esposito, Espaillat, and Goldman) and was referred to the
Committee on Energy and Commerce of the House of
Representatives. One Delegate and 14 Representatives became
additional cosponsors. On December 6, 2023, that Committee met
in open Executive Session, and H.R. 1797 was ordered to be
reported, as amended, by a recorded vote of 42-0. On May 15,
2024, the House passed H.R. 1797 under suspension of the rules
by a vote of 378-34.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Summary of legislation: On March 12, 2025, the Senate
Committee on Commerce, Science, and Transportation ordered
reported 14 bills. This document provides estimates for 3 of
those bills. One bill, S. 414, was reported on June 24, 2205.
S. 289 would ban the sale of certain products covered by
the Consumer Product Safety Act and S. 389 would require the
Consumer Product Safety Commission (CPSC) to adopt voluntary
safety standards for lithium-ion batteries. S. 414 would
require digital advertising platforms to report annually to the
Federal Trade Commission (FTC).
Estimated Federal cost: The costs of the legislation fall
within budget functions 370 (commerce and housing credit) and
550 (health).
Basis of estimate: For this estimate, CBO assumes that each
bill will be enacted near the end of fiscal year 2025 and that
the estimated amounts will be available each year. The cost
estimate does not include any effects of interactions among the
bills. If all three bills were combined and enacted as a single
piece of legislation, the effects could be different from the
sum of the separate estimates, although CBO expects that any
differences would be small.
S. 289, the Youth Poisoning Protection Act, would ban the
sale of products containing 10 percent or more by weight of
sodium nitrite that are covered under the Consumer Product
Safety Act. The legislation would not affect the sale or use of
commercial or industrial products not ordinarily intended for
consumer use or consumption.
Using information from the Consumer Product Safety
Commission, CBO estimates that implementing S. 289 would cost
$2 million over the 2025-2030 period; any related spending
would be subject to the availability of appropriated funds.
S. 389, the Setting Consumer Standards for Lithium-Ion
Batteries Act, would require the Consumer Product Safety
Commission within 180 days of enactment, to adopt certain
voluntary safety standards--specifically ANSI/CAN/UL 2271,
2849, and 2272--concerning rechargeable lithium-ion batteries
used in electric bicycles, scooters, and other micromobility
devices. The bill also would require the CPSC to determine the
applicable scope of covered consumer products and to monitor
and evaluate future revisions to the voluntary standards and
report to the Congress within five years of enactment.
Using information from the CPSC, CBO estimates that
implementing S. 389 would cost $8 million over the 2025-2030
period; any related spending would be subject to the
availability of appropriated funds.
S. 414, the ADS for Mental Health Services Act, would
require certain digital advertising platforms to report
annually to the Federal Trade Commission about advertising on
their platforms for certain mental health services, including
information on the number, percent, and dollar value of such
advertisements. Platforms that would be affected by the bill
include social media platforms, public facing websites, online
services, and mobile applications with more than 100 million
unique monthly users. The bill also would require the FTC to
report annually to the Congress summarizing that data. CBO
estimates that enacting S. 414 would cost less than $500,000
over the 2025-2030 period. Any related spending would be
subject to the availability of appropriated funds.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. None of the bills would affect direct spending or
revenues; thus, pay-as-you-go procedures do not apply.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 289, S. 389 and S. 414 would not
increase net direct spending or deficits in any of the four
consecutive 10-year periods beginning in 2036.
Mandates: All three bills would impose private-sector
mandates as defined in in the Unfunded Mandates Reform Act
(UMRA). None of the bills would impose intergovernmental
mandates.
S. 289, the Youth Poisoning Protection Act, would impose a
private-sector mandate as defined in UMRA by banning the sale
of consumer products containing 10 percent or more of sodium
nitrite by weight. The prohibition would not apply to
industrial uses or to food preservation. Because there is only
a small market for consumer products containing that much
sodium nitrite and some states already have curtailed the sale
of products containing sodium nitrite, CBO estimates that the
cost of the mandate would not exceed the private-sector
threshold established in UMRA ($206 million in 2025, adjusted
annually for inflation).
S. 389, the Setting Consumer Standards for Lithium-Ion
Batteries Act, would impose a private-sector mandate as defined
in UMRA by requiring manufacturers of electric mobility
devices, including bicycles and scooters, to comply with a
prospective Consumer Product Safety Commission safety standard
related to the risk of fire in lithium-ion batteries. Based on
voluntary compliance with the specified standard by domestic
manufacturers and current state and local laws requiring
compliance, CBO estimates that the cost of the mandate would
not exceed the annual private-sector threshold established in
UMRA ($206 million in 2025, adjusted annually for inflation).
S. 414, the ADS for Mental Health Services Act, would
require certain digital advertising platforms to report to the
FTC on their public service advertisements for mental and
behavioral health. That requirement would impose a private-
sector mandate as defined by UMRA. CBO estimates the cost of
the mandate would be small and not exceed the threshold
established in UMRA ($206 million in 2025, adjusted annually
for inflation) because the mandated entities generally already
possess or collect the information required to be reported
under the bill.
Estimate prepared by: Federal costs: Cyrus Ekland (for the
Consumer Product Safety Commission); Johnny Willing (for the
Federal Trade Commission). Mandates: Andrew Laughlin (for the
Consumer Product Safety Commission); Rachel Austin (for the
Federal Trade Commission).
Estimate reviewed by: Sean Dunbar, Chief, Low-Income Health
Programs and Prescription Drugs Cost Estimates Unit; Justin
Humphrey, Chief, Finance, Housing, and Education Cost Estimates
Unit; Kathleen FitzGerald, Chief, Public and Private Mandates
Unit; H. Samuel Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 389 requires the CPSC to promulgate a final consumer
product standard. It also requires manufacturers of
micromobility products and lithium-ion batteries to adhere to
these standards. Therefore, the number of persons covered by
this Act is approximately equal to affected staff at the CPSC
and producers of lithium-ion batteries and micromobility
devices.
Economic Impact
It is expected that this legislation will have some
economic impact. While it is possible that a safety standard
could increase the cost of batteries for some users of
micromobility products, the risk of fires will decrease, saving
costs for consumers and cities. In New York City alone, there
were 268 fires in 2023.\16\
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\16\Erin Ailworth, ``Lithium-Ion Batteries Are Everywhere. Fires
Caused by Shoddy Ones Are on the Rise,'' The Wall Street Journal, March
17, 2024 (https://www.wsj.com/us-news/lithium-ion-batteries-are-
everywhere-fires-caused-by-shoddy-ones-are-on-the-rise-ef6fb633).
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Privacy
S. 389 would not have a significant impact on the privacy
rights of individuals.
Paperwork
The Committee does not anticipate a major increase in
paperwork burdens for private individuals or businesses
resulting from the passage of this legislation. S. 389 would
require the CPSC to report to Congress regarding fires,
explosions, and other hazards relating to lithium-ion batteries
used in micromobility products.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section would provide that the Act may be cited as the
``Setting Consumer Standards for Lithium-Ion Batteries Act''.
Section 2. Consumer product safety standard for certain batteries
This section would require the CPSC to promulgate a
rulemaking to adopt the following UL standards as mandatory
safety standards no later than 180 days after enactment to
protect against the risk of fires caused by rechargeable
lithium-ion batteries used in micromobility devices: (1) ANSI/
CAN/UL 2271 (standard for batteries for use in light electric
vehicle applications); (2) ANSI/CAN/UL 2849 (standard for
safety for electrical systems for ebikes); and (3) ANSI/CAN/UL
2272 (standard for electrical systems for personal e-mobility
devices).
This section would also require the CPSC to limit the
application of such mandatory standards adopted to consumer
products as defined by the Consumer Product Safety Act.
Further, this section would provide that in the event the
standards adopted by the CPSC are revised, the organization
that made the revision must notify the CPSC. It would further
provide that the CPSC must then adopt the revision within 90
days of receiving the notice unless it finds that the revision
does not improve the safety of the consumer product.
This section would clarify that any revisions to the
standards adopted by the CPSC are to be considered mandatory
standards.
Finally, this section would require, no later than 5 years
after enactment, the CPSC to submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives regarding fires, explosions, and other hazards
relating to lithium-ion batteries used in micromobility
products. The report must note, if known, the make and model of
the lithium-ion battery that resulted in the hazards, whether
it complied with the standards in this Act, and the
manufacturer and country of manufacture.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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