[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]



                EXAMINING FIRE HAZARDS: LITHIUM-ION BAT-
                TERIES AND OTHER THREATS TO FIRE SAFETY

=======================================================================





                                HEARING

                               before the

                            SUBCOMMITTEE ON
                        EMERGENCY MANAGEMENT AND
                               TECHNOLOGY

                                 of the

                     COMMITTEE ON HOMELAND SECURITY
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION
                               __________

                           FEBRUARY 15, 2024
                               __________

                           Serial No. 118-52
                               __________

       Printed for the use of the Committee on Homeland Security

                                     



             [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





       Available via the World Wide Web: http://www.govinfo.gov/
                               __________
                               
                 U.S. GOVERNMENT PUBLISHING OFFICE

57-374 PDF               WASHINGTON : 2024






























                     COMMITTEE ON HOMELAND SECURITY

                 Mark E. Green, MD, Tennessee, Chairman
Michael T. McCaul, Texas             Bennie G. Thompson, Mississippi, 
Clay Higgins, Louisiana                Ranking Member
Michael Guest, Mississippi           Sheila Jackson Lee, Texas
Dan Bishop, North Carolina           Donald M. Payne, Jr., New Jersey
Carlos A. Gimenez, Florida           Eric Swalwell, California
August Pfluger, Texas                J. Luis Correa, California
Andrew R. Garbarino, New York        Troy A. Carter, Louisiana
Marjorie Taylor Greene, Georgia      Shri Thanedar, Michigan
Tony Gonzales, Texas                 Seth Magaziner, Rhode Island
Nick LaLota, New York                Glenn Ivey, Maryland
Mike Ezell, Mississippi              Daniel S. Goldman, New York
Anthony D'Esposito, New York         Robert Garcia, California
Laurel M. Lee, Florida               Delia C. Ramirez, Illinois
Morgan Luttrell, Texas               Robert Menendez, New Jersey
Dale W. Strong, Alabama              Yvette D. Clarke, New York
Josh Brecheen, Oklahoma              Dina Titus, Nevada
Elijah Crane, Arizona
                      Stephen Siao, Staff Director
                  Hope Goins, Minority Staff Director
                       Sean Corcoran, Chief Clerk
                       
                                 ------                                

          SUBCOMMITTEE ON EMERGENCY MANAGEMENT AND TECHNOLOGY

                 Anthony D'Esposito, New York, Chairman
Nick LaLota, New York                Troy A. Carter, Louisiana, Ranking 
Dale W. Strong, Alabama                Member
Josh Brecheen, Oklahoma              Donald M. Payne, Jr., New Jersey
Mark E. Green, MD, Tennessee (ex     Daniel S. Goldman, New York
  officio)                           Bennie G. Thompson, Mississippi 
                                       (ex officio)
               Diana Bergwin, Subcommittee Staff Director
          Lauren McClain, Minority Subcommittee Staff Director
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
                            C O N T E N T S

                              ----------                              
                                                                   Page

                               Statements

The Honorable Anthony D'Esposito, a Representative in Congress 
  From the State of New York, and Chairman, Subcommittee on 
  Emergency Management and Technology:
  Oral Statement.................................................     1
  Prepared Statement.............................................     3
The Honorable Troy A. Carter, a Representative in Congress From 
  the State of Louisiana, and Ranking Member, Subcommittee on 
  Emergency Management and Technology:
  Oral Statement.................................................     5
  Prepared Statement.............................................     6
The Honorable Bennie G. Thompson, a Representative in Congress 
  From the State of Mississippi, and Ranking Member, Committee on 
  Homeland Security:
  Prepared Statement.............................................     7

                               Witnesses

Ms. Lori Moore-Merrell, U.S. Fire Administrator, U.S. Fire 
  Administration (USFA):
  Oral Statement.................................................     9
  Prepared Statement.............................................    10
Mr. Daniel E. Flynn, Chief Fire Marshal, Fire Department of the 
  City of New York:
  Oral Statement.................................................    13
  Prepared Statement.............................................    15
Mr. Stephen Kerber, Vice President & Executive Director, Fire 
  Safety Research Institute, Underwriters Laboratories Inc.:
  Oral Statement.................................................    16
  Prepared Statement.............................................    17
Mr. Fire Chief John S. Butler, President and Board Chair, 
  International Association of Fire Chiefs:
  Oral Statement.................................................    20
  Prepared Statement.............................................    22

                             For the Record

The Honorable Anthony D'Esposito, a Representative in Congress 
  From the State of New York, and Chairman, Subcommittee on 
  Emergency Management and Technology:
  Letter From DoorDash...........................................    35
  Article, New York Daily News, December 10, 2023................    42

                               Appendix I

Statement of the American Burn Association.......................    51

                              Appendix II

Question From Ranking Member Troy A. Carter for Daniel E. Flynn..    53
Question From Ranking Member Troy A. Carter for John S. Butler...    53
Question From Honorable Donald Payne, Jr. for John S. Butler.....    54

 
                  EXAMINING FIRE HAZARDS:  LITHIUM-ION
                   BATTERIES AND OTHER THREATS TO FIRE 
                   SAFETY

                              ----------                              


                      Thursday, February 15, 2024
                      
                           U.S. House of Representatives,
                              Committee on Homeland Security,
                            Subcommittee on Emergency Management 
                                                 and Technology,
                                                    Washington, DC.
    The subcommittees met, pursuant to notice, at 10:16 a.m., 
in room 310, Cannon House Office Building, Hon. Anthony 
D'Esposito [Chairman of the subcommittee] presiding.
    Present: Representatives D'Esposito, Carter, Payne, and 
Goldman.
    Also present: Representatives Pfluger and Torres.
    Chairman D'Esposito. The Committee on Homeland Security, 
Subcommittee on Emergency Management and Technology will come 
to order. Without objection, the subcommittee may recess at any 
point.
    The purpose of this hearing today is to examine the various 
hazards that our Nation's first responders face daily and will 
allow Members to better understand the particular dangers posed 
by lithium-ion batteries.
    Without objection, the gentleman from Florida, Mr. Gimenez; 
the gentleman from Texas, Mr. Pfluger; and the gentleman from 
New York, Mr. Torres, are permitted to sit on the dais and ask 
questions to the witnesses. I recognize myself for an opening 
statement.
    I want to begin by thanking our witnesses for testifying 
before the Emergency Management and Technology Subcommittee. In 
today's hearing, we will examine the hazards that first 
responders and fire departments across this country are 
confronting daily, and more specifically, the threat that 
lithium-ion batteries pose to fire safety. We look forward to 
hearing from each of you on this very important and vital 
topic.
    Every day, our Nation's first responders embody the best of 
civil service. In fact, with over 70 percent of our Nation's 
firefighters serving as volunteers, they demonstrate true 
selflessness, compassion, and courage. Regardless of the danger 
they may face, firefighters, both career and volunteer, choose 
to put themselves before anything else when they put their 
uniforms and their bunker gear on each day.
    As a former chief of the Island Park Fire Department back 
on Long Island, I know first-hand that successful emergency 
management requires collaboration and teamwork with 
stakeholders at every level of Government to prepare for, 
protect against, and respond to natural or man-made disasters. 
As Members of this subcommittee, we also have a role to play in 
supporting our Nation's first responders.
    In recent years, new technologies have come with new risks. 
Fire departments across this country have reported how the 
increasing use of lithium-ion batteries has diminished fire 
safety in major United States cities. In fact, injuries caused 
by lithium-ion battery fires involving e-bikes or e-scooters 
have increased by 1,000 percent over the last 5 years just in 
New York City alone. In 2023, brave members of the FDNY 
responded to 268 lithium-ion battery fires, which caused 150 
injuries and 18 deaths. To illustrate this increasing trend, 
there were only 10 deaths associated with lithium-ion battery 
fires for the combined years of 2021 and 2022.
    These batteries may be found in daily household items and 
cell phones, laptops, power tools, and more. However, compared 
to smaller items with lithium-ion batteries, the power in e-
scooters and e-bikes contain around 50 times that of a 
smartphone. As a result, an explosive and long-lasting fire can 
occur after overcharging, damage, overheating, poor 
maintenance, or more of the lithium-ion batteries in an e-bike 
or scooter.
    In January 2023, 17 children were injured and 1 was 
hospitalized after an e-bike caused a fire in a building that 
housed a daycare back in Queens, New York. In November 2023, an 
e-scooter caught fire in a Brooklyn home, unfortunately killing 
a grandmother, her son, her grandson, and injuring more than 12 
others. With the increased use of e-scooters, e-bikes, electric 
vehicles, and mopeds, stories like these have become all too 
common.
    However, despite the increasing danger, New York City is 
faced with potential budget cuts and reduced firefighting staff 
in 20 engine companies to accommodate the growing migrant 
crisis. We are all concerned about the future of first 
responders and fire service throughout this country.
    Not only is manpower needed to immediately respond to these 
fires, extinguishing lithium-ion battery fires has proven 
difficult for fire services across this great Nation. For 
instance, in 2021, after a Tesla caught fire following a crash 
in a Houston suburb, 8 firefighters spent over 7 hours and 
28,000 gallons of water, an amount the department normally uses 
in a month, before the fire was fully extinguished. The reality 
is that some lithium-ion battery fires can reignite hours 
later, some even days later, and traditional fire extinguishing 
methods do not always work by them.
    The Biden administration has sought to incentivize more EV 
purchases through its $7,500 tax credit. However, we need to 
ensure that we fully understand the dangers or risks associated 
with high-voltage lithium-ion batteries and the safest way for 
individuals and our constituents, emergency managers and first 
responders, to handle any potential fires. We have a duty on 
this committee to investigate how certain policies addressing 
the purchase, use, and maintenance of lithium-ion batteries 
impact emergency responders and fire suppression.
    Americans should be aware of the risks associated with 
using electric vehicles, scooters, and mopeds, and every-day 
devices. They should also ensure that their purchase is from a 
reputable manufacturer that complies with United States safety 
standards.
    Last week, FDNY shut down an illegal lithium-ion battery 
operation in Queens and confiscated hundreds of individual 
lithium-ion cells, 25 e-scooters, and 25 electric or gas 
mopeds. Federal, State, and local governments must take 
measures to prevent unsafe manufacturers from endangering the 
public with cheap lithium-ion batteries.
    Last, as Members of Congress, we must ensure that 
firefighters and first responders have the protective gear, 
equipment, and training needed to respond to lithium-ion fires 
and other threats. The U.S. Fire Administration and the 
National Fire Academy, the Assistance to Firefighters grant 
program, and the Staffing for Adequate Fire and Emergency 
Response grant program all aim to strengthen and equip fire 
emergency medical services throughout this country.
    As a first responder myself and Chairman of this 
subcommittee, I remain committed to supporting FEMA's suite of 
preparedness grant programs, and I'm hopeful for a successful 
reauthorization of the fire grants later this year. This is a 
committee here in the House of Representatives that works in a 
bipartisan fashion. Emergency management shouldn't be partisan. 
We are here to keep you safe, to keep us safe, and to keep the 
United States of America safe.
    I look forward to hearing from each of our witnesses today 
on how to address these challenges and improve first responders 
and fire safety across this great country.
    [The statement of Chairman D'Esposito follows:]
    
                Statement of Chairman Anthony D'Esposito
                
                           February 15, 2024
                           
    I want to begin by thanking our witnesses for testifying before the 
Emergency Management and Technology Subcommittee. In today's hearing, 
we will examine the fire hazards that fire departments across the 
country are confronting daily, and more specifically, the threat that 
lithium-ion batteries pose to fire safety. We look forward to hearing 
from each of you on this important topic.
    Every day, our Nation's firefighters embody the best of civil 
service. In fact, with over 70% of our Nation's firefighters serving as 
volunteers, they demonstrate true selflessness, compassion, and 
courage.\1\ Regardless of the danger they may face, firefighters choose 
to put their communities first when they put on their uniforms each 
day.
---------------------------------------------------------------------------
    \1\ https://www.usfa.fema.gov/statistics/.
---------------------------------------------------------------------------
    As the former chief of the Island Park Fire Department, I know 
first-hand that successful emergency management requires collaboration 
and teamwork with stakeholders at every level of government to be able 
to prepare for, protect against, and respond to natural or man-made 
disasters. As Members of this subcommittee, we also have a role to play 
in supporting our Nation's firefighters and first responders.
    In recent years, new technologies have come with new risks. Fire 
departments across the country have reported how the increasing use of 
lithium-ion batteries has diminished fire safety in major U.S. cities. 
In fact, injuries caused by lithium-ion battery fires involving 
electric (E) bikes or E-scooters have increased by 1,000% over the last 
5 years in New York City.\2\
---------------------------------------------------------------------------
    \2\ https://www.thecity.nyc/2024/01/30/how-to-safely-charge-store-
maintain-e-bike-and-batteries/
#:?:text=Dangerous%20fires%20caused%20by%20the,through%20the%20end%20of%
- 202023.
---------------------------------------------------------------------------
    In 2023, the FDNY responded to 268 lithium-ion battery fires which 
caused 150 injuries and 18 deaths.\3\ To illustrate this increasing 
trend, there were only 10 deaths associated with lithium-ion battery 
fires for the combined years of 2021 and 2022.\4\
---------------------------------------------------------------------------
    \3\ https://www.cbsnews.com/newyork/news/fdny-busts-lithium-ion-
battery-manufacturing-operation-in-queens/.
    \4\ https://www.firerescue1.com/lithium-ion-battery-fires/articles/
fdny-lithium-ion-battery-fire-fatalities-in-2023-will-likely-surpass-
last-2-years-combined-Vzg1OAj79Ob061j9/.
---------------------------------------------------------------------------
    These batteries may be found in daily household items and 
cellphones, laptops, or power tools, as well. However, compared to 
smaller items with lithium-ion batteries, the power in E-scooters and 
E-bikes contains ``around 50 times'' that of a smartphone.\5\ As a 
result, an explosive and long-lasting fire can occur after 
overcharging, damage, overheating, or poor maintenance of the lithium-
ion battery in an E-bike or scooter.\6\
---------------------------------------------------------------------------
    \5\ https://www.cnn.com/2023/03/09/tech/lithium-ion-battery-fires/
index.html.
    \6\ https://www.nyc.gov/assets/fdny/downloads/pdf/codes/dangers-of-
lithium-ion-batteries.pdf.
---------------------------------------------------------------------------
    In January 2023, 17 children were injured, and one was 
hospitalized, after an E-bike caused a fire in a building that housed a 
daycare in Queens, New York.\7\ In November 2023, an E-scooter caught 
fire in a Brooklyn home, killing a grandmother, her son, and her 
grandson, and injuring more than 12 others.\8\ With the increased use 
of E-scooters, E-bikes, electric vehicles, and mopeds, stories like 
these have become all too common. However, despite this increasing 
danger, New York City Mayor Eric Adams, implemented budget cuts to the 
FDNY and reduced firefighting staff in 20 engine companies to 
accommodate the growing migrant crisis,\9\ and I am concerned about the 
state of New York City's fire services.
---------------------------------------------------------------------------
    \7\ https://www.nbcnewyork.com/news/local/e-bike-battery-sparked-
fire-at-nyc-daycare-center-badly-hurting-child-fdny/4069524/
#:?:text=A%20lithium-ion%20battery%20from%20an%20e-
bike%20'sparked%20the,a%20'series%20of%20blazes%20linked%20to%20'such%20
units.
    \8\ https://www.cnn.com/2023/11/14/us/brooklyn-fire-family-killed-
lithium-battery-scooter/index.html.
    \9\ https://www.cbsnews.com/newyork/news/fdny-budget-cuts-fifth-
firefighter-reduced-staffing/.
---------------------------------------------------------------------------
    Not only is manpower needed to immediately respond to these fires, 
extinguishing lithium-ion battery fires has proven difficult for fire 
services across the country. For instance, in 2021, after a Tesla 
caught fire following a crash in a Houston suburb, 8 firefighters spent 
over 7 hours and 28,000 gallons of water--``an amount the department 
normally uses in a month''--before the fire was fully extinguished.\10\ 
The reality is that some lithium-ion battery fires can reignite hours 
later--some even days later; and traditional fire extinguishing methods 
do not always work on them.\11\ The Biden administration has sought to 
incentivize more EV purchases through its $7,500 tax credit, however, 
we need to ensure that we fully understand the dangers or risks 
associated with high-voltage lithium-ion batteries, and the safest way 
for individuals, emergency managers, and first responders to handle any 
potential fires.
---------------------------------------------------------------------------
    \10\ https://www.nbcnews.com/business/autos/federal-regulators-
warn-risks-firefighters-electrical-vehicle-fires-n1271084.
    \11\ https://www.nyc.gov/assets/fdny/downloads/pdf/codes/dangers-
of-lithium-ion-batteries.pdf.
---------------------------------------------------------------------------
    We have a duty to investigate how certain policies addressing the 
purchase, use, and maintenance of lithium-ion batteries impact 
emergency responders and fire safety. Americans should be aware of the 
risks associated with using electric vehicles (EV), scooters, and 
mopeds, and other every-day devices. They should also ensure that their 
purchase is from a reputable manufacturer that complies with U.S. 
safety standards.
    Last week, the FDNY shut down an illegal lithium-ion battery 
operation in Queens, New York and confiscated hundreds of individual 
lithium-ion cells, 25 E-scooters, and 25 electric or gas mopeds.\12\ 
Federal, State, and local governments must take measures to prevent 
unsafe manufacturers from endangering the public with cheap lithium-ion 
batteries.
---------------------------------------------------------------------------
    \12\ https://www.cbsnews.com/newyork/news/fdny-busts-lithium-ion-
battery-manufacturing-operation-in-queens/.
---------------------------------------------------------------------------
    Last, as Members of Congress, we must ensure that firefighters and 
first responders have the protective gear, equipment, and training 
needed to respond to lithium-ion fires and other threats. The U.S. Fire 
Administration (USFA), the National Fire Academy (NFA), the Assistance 
to Firefighters Grant (AFG) program, and the Staffing for Adequate Fire 
and Emergency Response (SAFER) grant program all aim to strengthen and 
equip fire and emergency medical services throughout the Nation.\13\ As 
a former first responder, and Chairman of this subcommittee, I remain 
committed to supporting FEMA's suite of preparedness grant programs, 
and am hopeful for a successful reauthorization of the fire grants 
later this year.
---------------------------------------------------------------------------
    \13\ https://www.usfa.fema.gov/about/.
---------------------------------------------------------------------------
    I look forward to hearing from each of our witnesses today on how 
to address these challenges and improve U.S. fire safety. Thank you.

    Chairman D'Esposito. I now recognize the Ranking Member of 
this subcommittee, Mr. Carter, for his opening statement.
    Mr. Carter. Thank you, Mr. Chairman.
    Before I begin my remarks, I want to say that yesterday, 
while many of us were reflecting on the 6 years since the 
Marjory Stoneman Douglas school massacre, another mass shooting 
took place at the Super Bowl parade. My heart goes out to all 
those impacted by yesterday's shooting. For those of you who 
first responders were there to respond, to protect, we say 
thank you. To the families that had to endure the atrocities 
and the terror of having an active shooter, our thoughts and 
prayers are with them. For those who were wounded and for the 
one that we know of at this point that lost their life, we 
rededicate ourselves to supporting law enforcement to make sure 
that this doesn't happen again. We rededicate ourselves to 
providing resources to make sure that people are able to come 
and gather at celebrations, at places of worship, at schools, 
at concerts without fear of someone with a weapon, with 
nefarious actions and thoughts might plague our community. So 
if we would just all remember those lives that were lost and 
those people that were challenged.
    These acts of violence are horrific. Next year, my home 
district in Louisiana, New Orleans, will be the host of the 
Super Bowl. We owe it to our communities, our first responders, 
and our children to do more. We have a serious gun violence 
problem in our country, and I hope my colleagues will work 
together to pass common-sense reforms.
    Now, turning to our hearing, I want to thank our witnesses 
for being here today. To our first responder witnesses, I want 
to say thank you in particular for your on-going commitment to 
protecting all of our communities. The threat posed by lithium-
ion batteries is growing and is one that we should certainly be 
monitoring. The fires caused by lithium-ion batteries pose 
unique challenges, and New York City seems to be ground zero 
for these types of fires, with over 250 incidents last year 
alone.
    Last year, while docked in Baton Rouge, Louisiana, a part 
of my district, a fire broke out on an oil tanker due to the 
thermal runaway of a cell within a lithium-ion battery in a 
hand-held radio, which caused $3 million in damage. My dear 
friend Brian Adams, who is the State fire marshal for the State 
of Louisiana, brought this to my attention, and we have been 
working on proposed legislation to deal with this. Brian Adams 
is a lifelong firefighter, a career firefighter who has 
demonstrated his love for people, his love for policy, and his 
love for doing what is right, as you do as a first responder.
    My colleague, Congressman Richard Torres, has been leading 
in the legislative work on addressing the threats from lithium-
ion batteries in the House of Representatives, and I want to 
thank him for his leadership on this issue. I hope that the 
Energy and Commerce Committee will continue its work on 
Congressman Torres' bill in Setting Consumer Standards for 
Lithium-Ion Batteries Act.
    I fully anticipate today's conversation with the panel to 
mostly be related to lithium-ion batteries, but I hope that we 
will also focus on the range of fire threats and oversight of 
programs that support firefighters. One such fire threat is 
climate change.
    Climate change has significantly increased the frequency, 
intensity, and destructiveness of wildfires. Last week marked 6 
months since the fires in Maui, where over 100 people died. 
While Maui was the deadliest wildfire we have experienced in 
modern history, in recent years there have been a string of 
wildfires that have been deadly and caused mass destruction. 
Six of the last 7 years, 2017 to 2023, have had catastrophic 
fires which resulted in fatalities, loss of infrastructure, 
resulting in displacement of thousands of families.
    In Louisiana, last year we had an unprecedented wildfire 
season. Yes, Louisiana, wildfires. Doesn't usually go together 
in the same sentence, but, yes, we had fires in our marsh, 
fires going along the interstate system, fires in places we 
have never had them before. In August alone, we had more than 
550 fires that destroyed homes and forced several evacuations.
    As climate change continues to escalate, urgent actions to 
mitigate its impact and implement effective wildfire management 
strategies becomes imperative to safeguard the environment and 
community at risk. These wildfires are not happening in a 
vacuum. They are occurring simultaneously as other disasters 
and adding strain on Federal, State, and territorial, Tribal, 
and local emergency managers and first responders.
    I look forward to speaking to our witnesses today about 
fire hazards, but also broadly about the need to prepare our 
communities against all threats. Our subcommittee has 
jurisdiction over the Department of Homeland Security grants 
program, which also helps first responders prepare their 
communities against all threats. I look forward to hearing from 
our witnesses on how these various grants can help fire 
departments improve community resilience, and how we, as a 
committee, as Members of Congress can use our voices and our 
resources to aid you in doing the job that we greatly 
appreciate you doing.
    Mr. Chairman, I yield back.
    [The statement of Ranking Member Carter follows:]
    
                Statement of Ranking Member Troy Carter
                
                           February 15, 2024
                           
    Before I begin my remarks, I want to say that yesterday, while many 
of us were reflecting on the 6 years since the Marjory Stoneman Douglas 
school massacre, another mass shooting took place at the Super Bowl 
parade. My heart goes out to all those impacted by yesterday's 
shooting.
    These acts of violence are horrific. Next year, my home district 
will host the Super Bowl. We owe it to our communities, our first 
responders, and our children to do more. We have a serious gun violence 
problem in our country and I hope my colleagues will work together to 
pass common-sense reforms.
    Turning to our hearing, I want to thank our witnesses for being 
here today. To our first responder witnesses, I want to thank you, in 
particular, for your on-going commitment to protecting your 
communities.
    The threat posed by lithium-ion batteries is growing and is one 
that we should certainly be monitoring. The fires caused by lithium-ion 
batteries pose a unique challenge, and New York City seems to be ground 
zero for these types of fires, with over 250 incidents just last year. 
Last year, while docked in Baton Rouge, Louisiana, a fire broke out on 
an oil tanker due to the thermal runaway of a cell within a lithium-ion 
battery in a handheld radio, which caused $3 million in damage.
    My colleague, Congressman Ritchie Torres, has been leading the 
legislative work on addressing the threats from lithium-ion batteries 
in the House of Representatives and I want to thank him for his 
leadership on this issue. I hope that the Energy and Commerce Committee 
will continue its work on Congressman Torres's bill, the Setting 
Consumer Standards for Lithium-Ion Batteries Act.
    I fully anticipate today's conversation with the panel to mostly be 
related to lithium-ion batteries, but I hope that we will also focus on 
the range of fire threats and oversight of programs that support 
firefighters. One such fire threat is climate change.
    Climate change has significantly increased the frequency, 
intensity, and destructiveness of wildfires. Last week marked 6 months 
since the fires on Maui, where 100 people died. While Maui was the 
deadliest wildfire we have experienced in modern history, in recent 
years there have been a string of wildfires that have been deadly and 
caused mass destruction. Six of the last 7 years (2017-2023) have had 
catastrophic fires which resulted in fatalities, loss of 
infrastructure, resulted in displacement of thousands of families.
    In Louisiana, last year we had an unprecedented wildfire season. In 
August alone, we had more than 550 fires that destroyed homes and 
forced several evacuations. As climate change continues to escalate, 
urgent action to mitigate its impacts and implement effective wildfire 
management strategies becomes imperative to safeguard the environment 
and communities at risk. These wildfires are not happening in a vacuum. 
They are occurring simultaneously as other disasters and adding strain 
to Federal, State, territorial, Tribal, and local emergency managers 
and first responders.
    I look forward to speaking to our witnesses today about fire 
hazards, but also more broadly about the need to prepare our 
communities against all threats. Our subcommittee has jurisdiction over 
the Department of Homeland Security Grant Programs, which also helps 
first responders prepare their communities against all threats. I look 
forward to hearing from our witnesses how these various grants help 
fire departments improve community resilience.

    Chairman D'Esposito. Well, thank you, Ranking Member 
Carter.
    Other Members of the subcommittee are reminded that opening 
statements may be submitted for the record.
    [The statement of Ranking Member Thompson follows:]
    
             Statement of Ranking Member Bennie G. Thompson
             
                           February 15, 2024
                           
    I want to start by thanking our witnesses for appearing before the 
subcommittee today. I also want to extend my gratitude to all 
firefighters and fire safety personnel for the work you do to manage 
fire response and keep communities safe across the United States.
    Earlier this month, New York Governor Kathy Hochul announced a 
State-wide campaign banning the sale of uncertified lithium-ion 
batteries. These uncertified batteries have resulted in fires with 
numerous deaths in New York City and across the Nation.
    These batteries pose a relatively new hazard, and the development 
of standards is an important step toward solving this important safety 
issue. However, we must keep in mind that micromobility devices such as 
e-bikes, e-scooters are credited with reducing traffic congestion, 
alleviating parking issues, and providing affordable transportation 
options especially in urban areas.
    I applaud Rep. Ritchie Torres's leadership on this important issue. 
His bill, H.R. 1797, the Setting Consumer Standards for Lithium-Ion 
Batteries Act, was reported out of the Committee on Energy and Commerce 
with a 42-0 vote in December.
    In New York last year alone, at least 18 people lost their lives 
from fires ignited by lithium-ion batteries. This issue extends outside 
of New York as well; cities across the country are grappling with fires 
caused by uncertified lithium-ion batteries. Setting consumer standards 
through H.R. 1797 is a clear step in preventing further fatalities. 
More remains to be done on this issue and to address the myriad of 
other fire safety threats, including wildfires, as well.
    Extreme wildfires across the United States, such as the tragic 
fires in Hawaii, have caused devastation in many communities. Early 
2024 is predicted to bring above-normal wildfire risk to the northern 
Midwest and the western coast of Alaska. This threat continues not only 
in the near-term but will persist in the decades to come.
    Unfortunately, many of my Republican colleagues continue to 
disregard the climate change risks confronting our country. Their lack 
of belief in climate change comes at a time when action is critical to 
mitigating climate risk. Sadly, the lack of will to address climate 
change comes at the expense of front-line workers, such as 
firefighters, who battle fires flamed by the effects of climate change 
every day.
    In my home State of Mississippi, a combination of severe drought 
and other conditions resulted in an early and relentless 2023 wildfire 
season. In just 4 months, over 1,000 wildfires consumed 16,000 acres. I 
thank the Mississippi Forest Commission's wildland firefighters for 
battling these fires and saving nearly 2,000 structures.
    I am also grateful for all the other wildland firefighters in the 
United States who have risked their lives to keep people safe from 
these devastating fires. With that, I look forward to hearing from our 
witnesses on how to mitigate threats from fire hazards.

    Chairman D'Esposito. I am very pleased and thankful to have 
such an important panel of witnesses before us today. I ask you 
to all please rise and raise your right hand.
    [Witnesses sworn.]
    Chairman D'Esposito. Thank you. Please be seated. Let the 
record reflect that the witnesses have answered in the 
affirmative.
    I would now like to formally introduce our very talented 
panel of witnesses. Dr. Lori Moore-Merrell was appointed by 
President Biden as the U.S. Fire Administrator on October 25, 
2021, and oversees the United States Fire Administration's 
mission to strengthen fire services, emergency medical 
services, and stakeholders as they prepare for, prevent, 
mitigate, and respond to all hazards. Prior to joining the U.S. 
Fire Administration, Dr. Moore-Merrell has over three decades 
of experience in researching and working in the fire service 
and in emergency management and response, including founding 
the International Public Safety Data Institute.
    Chief Dan Flynn was appointed chief fire marshal of the 
FDNY Bureau of Fire Investigation in 2021. In this role, Chief 
Flynn oversees approximately 150 fire marshals who are 
responsible for investigating the cause and origin of more than 
7,000 fires in the city of New York each year, as well as 
arresting those who commit arson and other crimes in the city 
of New York. Chief Flynn joined the FDNY in 2005 and prior to 
that served as a police officer with the NYPD.
    Mr. Stephen Kerber is vice president and executive director 
of the Underwriters Laboratories' Fire Safety Research 
Institute, where he leads a fire safety research team dedicated 
to addressing the world's unresolved fire safety risks to 
prevent future fire fatalities, injuries, and loss. Mr. Kerber 
is also a 13-year veteran of the fire service and served as 
deputy chief at the College Park Fire Department in Prince 
George's County, Maryland.
    Chief John Butler serves as International Association of 
Fire Chiefs president and board chair, as well as the chief of 
the Fairfax County Fire and Rescue Department. Not only has 
Chief Butler served in the fire service, but he is also a 
retired U.S. Marine with 20 years of active and reserve 
service, including two combat tours. Sir, thank you for your 
service.
    I thank the witnesses for being here today. Again, thank 
you all for the work that you do in keeping this country safe.
    I now recognize Dr. Moore-Merrell for 5 minutes to 
summarize her opening statement.

        STATEMENT OF LORI MOORE-MERRELL, U.S. FIRE
      ADMINISTRATOR, U.S. FIRE ADMINISTRATION (USFA)

    Ms. Moore-Merrell. Let me turn on the mic and try that 
again. Good morning, again, Chair D'Esposito and Ranking Member 
Carter. Thank you both for your well-prepared, well-informed 
opening statements.
    To the Members of the subcommittee, my name is Lori Moore-
Merrell, and I serve as the United States Fire Administrator in 
the Federal Emergency Management Agency. I thank you for the 
opportunity to testify today and to discuss the continuous and 
evolving threats of fire to the Nation.
    The USFA's mission, as you've noted, is to support and 
strengthen the fire and emergency medical services to prevent, 
mitigate, prepare for, and respond to all hazards. Since 1974, 
the USFA has led national efforts to reduce the impacts of fire 
and disasters on our communities through education, advocating 
for building codes and standards, conducting data collection 
research, and providing subject-matter expertise for Fire Act 
grants, and there is more to do.
    Millions of Americans witness first-hand how fire 
continuously poses a substantial risk across the United States. 
Fire is a public health and public safety problem of great 
proportion, and firefighting remains one of the Nation's most 
hazardous professions. On average, there are more than 1.2 
million structure fires, 3,000 deaths and injuries, scores of 
injuries and displacements annually from fires.
    These impacts are further compounded by poor implementation 
and enforcement of our national building codes and standards 
and the fire risk associated with evolving technology that 
makes fires more intense and more destructive. These challenges 
pose heightened risk to the public and to first responders who 
safeguard our communities, and the challenge continues to 
evolve.
    Lithium-ion batteries, as you've noted, are found 
everywhere in common everyday devices; battery-powered, 
everyday items such as cell phones, computers, e-bikes, e-
scooters, and, of course, electric vehicles. Fire risks from 
these devices occur when this ordinarily stable 
electromechanical system is destabilized and the batteries 
begin damaged--become damaged, used, stored, or charged 
incorrectly, or when they've had manufacturing defects, all 
which can cause a phenomenon we know as thermal runaway.
    Thermal runaway typically occurs when damaged battery cells 
experience uncontrolled increases in temperature and pressure, 
often leading to fire. These batteries are changing the fire 
risk environment for us across America. In a traditional fire, 
it typically takes about 3 minutes for a room to become 
engulfed, but now, with the increased prevalence of lithium-ion 
batteries, in fires where these devices are involved, there is 
often only 15 seconds from the first sign of smoke to thermal 
runaway and explosion, with windows blown out and fire burning 
in homes, apartments, and businesses.
    These rapid changes in fire dynamics lead to shorter escape 
times and shorter times to structural collapse, often bringing 
unknown hazards to firefighters. USFA priorities in this regard 
include determining the risk to the public and firefighter 
health from lithium-ion battery incidents, conducting consumer 
education campaigns about those risks, and advocating for 
necessary research to inform these risks as they evolve.
    As you noted, the National Fire Academy is also increasing 
our training curriculum in order to include lithium-ion 
incident scene safety and suppression tactics in our 
increasing, existing courses.
    Moving to another threat to firefighters, namely their on-
the-job exposure to the products of combustion, diesel exhaust, 
building materials, asbestos, chemicals, and ultraviolet 
radiation, and certain PFAS chemicals. PFAS and other toxicants 
often lead to wide-ranging negative health impacts for 
firefighters, including cancer, heart disease, as well as sleep 
and reproductive disorders. To address these exposures, the 
Protecting Firefighters from Adverse Substances Act, or the 
PFAS Act, directs the FEMA administrator, through the USFA, to 
make available curriculum designed to reduce and eliminate 
these exposures, prevent the release of PFAS in the 
environment, and educate firefighters and emergency response 
personnel on PFAS alternatives, creating a public repository of 
tools and best practices to reduce, limit, and prevent the 
release to exposure of PFAS. USFA is actively working on these 
requirements.
    Across the board the USFA is seeking new ways to address 
these evolving challenges by improving how we conduct, analyze, 
collect, and report relevant information in a timely manner. 
Our legacy National Fire Incident reporting system data are 
inadequate to do so. So the USFA is working with the Department 
of Homeland Security Science and Technology Directorate to 
develop a new, modern, cloud-based data capture system that 
will be known as NERIS, the National Emergency Response 
Information System, and will ensure that USFA and the fire 
service at large will ensure that we have the interoperable, 
secure information to better inform issues discussed today and 
those that arise in the future.
    As we consider these challenges ahead, such as those posed 
by the prevalence of structure fires, wildfires in our 
communities, the increasing risk of emerging technology, and 
these forever chemicals, the USFA looks forward to working with 
our firefighting partners and with the Members of this 
committee to build a fire-safe Nation.
    Thank you again for the opportunity to talk with you, and I 
look forward to answering your questions.
    [The prepared statement of Ms. Moore-Merrell follows:]
    
                Prepared Statement of Lori Moore-Merrell
                           
                           February 15, 2024
                           
    Chairman D'Esposito, Ranking Member Carter, and Members of the 
subcommittee: My name is Lori Moore-Merrell and I serve as the 
administrator of the United States Fire Administration (USFA) within 
the Federal Emergency Management Agency (FEMA). Thank you for the 
opportunity to testify today and to discuss the continuous and evolving 
fire threats to the Nation.
    The USFA's mission is to support and strengthen fire and emergency 
medical services to prevent, mitigate, prepare for, and respond to all 
hazards. Since 1974, the USFA has led national efforts to reduce 
impacts of fire and other disasters in our communities through 
education, promoting building codes and standards, fire safety 
advocacy, data collection, research, and grants--yet there is much more 
to do.
    Millions of Americans witness first-hand how fire continues to pose 
a substantial risk across the United States. Fire is a public health 
and safety problem of great proportions, and firefighting remains one 
of the Nation's most hazardous professions. On average there are more 
than 1.2 million structure fires, nearly 3,000 deaths, thousands of 
injuries, and scores of individuals displaced annually from fires. 
Although disasters such as fires can affect everyone, fires can also 
exacerbate pre-existing challenges in underserved communities across 
the country. These impacts are further compounded by poor 
implementation and enforcement of national building codes and fire 
risks associated with technology that make fires more common, more 
intense, and more destructive.
    These challenges pose heightened risks to the public and to first 
responders who safeguard our communities, and the challenge continues 
to evolve. For example, emerging technologies like Lithium-ion (Li-ion) 
powered devices and harmful chemicals including polyfluoroalkyl 
substances (PFAS) introduce new and continued risks to our communities 
and firefighters.

                          emerging technology
                          
    Li-ion batteries are a type of rechargeable battery that contain 
numerous Li cells. This ordinarily stable electrochemical system 
provides stored electrical energy, but mechanical, electrical, and 
thermal abuse and manufacturing defects can destabilize the system and 
cause thermal runaway. Thermal runaway typically occurs when damaged 
cells experience uncontrolled increases in temperature and pressure.\1\ 
Thermal runaways can rapidly produce extremely high temperatures in a 
chain of chemical reactions, and this can induce thermal runaway to 
propagate to adjacent cells in a battery pack. In addition to heat, Li-
ion cells produce flammable gases during thermal runaway that drive Li-
ion fires and explosion hazards.
---------------------------------------------------------------------------
    \1\ Safety Risks to Emergency Responders from Lithium-Ion Battery 
Fires in Electric Vehicles. National Transportation Safety Board. 
November 2020.
---------------------------------------------------------------------------
    Li-ion batteries are found nearly everywhere. These batteries power 
everyday items such as cell phones and computers and they are found in 
e-bikes, e-scooters, and electric vehicles. Li-ion battery energy 
storage systems are increasingly prevalent at outdoor installations 
supporting utility operations and installations are expected outside 
commercial structures and within residences.
    While Li-ion batteries are an attractive power option, fire risk 
increases when they are damaged or used, stored, or charged 
incorrectly. Combined with what we know of their complex fire risk, 
their recurring presence requires the fire service to turn research and 
data into operational considerations quickly.
    Li-ion batteries and emerging alternatives constitute a significant 
component of the drive to reduce emissions world-wide. They are part of 
a complex global ecosystem of multinational agreements and 
organizations, geopolitical security questions, and finite natural 
resources. While a daunting task, the fire service has a central and 
critical role in ensuring policy decisions address fire safety risks.
    Li-ion batteries bring complex operational challenges. Firefighters 
must consider the presence of Li-ion batteries in all operations, 
including a risk of faster flashover rates and increased temperatures. 
Current research shows that Li-ion batteries present four hazard 
scenarios for firefighters: flammable gas release, flaming, vented 
deflagrations, and explosions.\2\
---------------------------------------------------------------------------
    \2\ The Science of Fire and Explosion Hazards from Lithium-Ion 
Batteries. UL/Fire Safety Research Institute (FSRI). https://fsri.org/
lithium-ion-battery-guide.
---------------------------------------------------------------------------
    These batteries are changing the fire risk environment. In a 
``traditional'' fire it typically takes about 3 minutes or more for a 
room to be engulfed but now--with the increased prevalence of Li-ion 
batteries--there is often only 15 seconds from the first sign of smoke 
to thermal runaway and explosion, with windows being blown out and fire 
burning in homes, apartments, and businesses. These rapid changes in 
fire dynamics lead to shorter escape times, shorter time to collapse, 
and other new and unknown hazards for everyday consumers and for 
firefighters.
    Li-ion batteries also present unusual response challenges. While 
Li-ion batteries are engineered to be safe, the nature of these devices 
means they may continue to hold a charge after being damaged, even if 
fully submerged in water. This phenomenon is known as stranded 
energy.\3\ Therefore, firefighters should always consider whether 
engineered safety systems are nonfunctional. Li-ion battery fires also 
can require personnel and water resources far exceeding normal 
expectations, thereby stressing a department's ability to maintain 
resources for other emergencies.
---------------------------------------------------------------------------
    \3\ Safety Risks to Emergency Responders from Lithium-Ion Battery 
Fires in Electric Vehicles. National Transportation Safety Board. 
November 2020.
---------------------------------------------------------------------------
    While our communities are generally aware of risks associated with 
their ordinarily benign devices, it is important for the fire service 
to develop and deploy fire safety messaging regarding safe usage, 
storage, and charging of Li-ion batteries and their unique risks. As 
policy decisions are made regarding what can be sold in U.S. markets, 
the fire service must play a role in discussing the safety of these 
items, with a specific focus on components directly affecting the fire 
safety of U.S. communities.
    Although research is being conducted to better understand hazards 
associated with Li-ion batteries and means for mitigation, more 
research is needed to understand the new and complex hazards Li-ion 
batteries can present (including exposure to toxic chemicals these 
batteries release), and to provide firefighters with data and 
information to inform operational procedures.
    Driven by an urgency to meet these risks head-on and save lives, in 
coordination with the leadership of national fire service 
organizations, the USFA recently held the second national summit in 2 
years, on fire prevention and control. Together, we assessed the fire 
problem and challenges faced by firefighters in the United States 
expanding our 2023 national strategy to address emerging tech. This 
strategy includes plans to lead and inform discussion on the fire 
safety of Li-ion batteries and other alternative energy sources within 
our communities, at all levels of government, and with industry 
partners utilizing the following priorities:
   Priority 1: Determine risk to the public and firefighter 
        health from lithium-ion battery incidents.
   Priority 2: Conduct a consumer education campaign.
   Priority 3: Conduct necessary research to inform priorities 
        and fire service response organizations in collaboration with 
        our national labs, research institutes, and State and local 
        partners.
        
                      pfas and firefighter cancer
                      
    PFAS and other toxicants disrupt an individual's fundamental 
physiology, leading to wide-ranging negative health impacts for 
firefighters, including cancer and heart disease, as well as sleep and 
reproductive issues.
    Certain PFAS are known to be carcinogenic, and degrade very slowly, 
earning the label ``forever chemicals.'' PFAS are often found in a 
firefighter's blood, their firehouses, some firefighting foams, and 
bunker gear. Next-generation PFAS-free personal protective equipment, 
along with science and risk-based mitigation programs, can lessen these 
risks. Firefighters are also exposed to products of combustion, diesel 
exhaust, building materials, asbestos, chemicals, and ultraviolet 
radiation.

                        usfa actions--priorities
                        
    The 2022 Fire Prevention and Control Summit was the beginning of a 
comprehensive and strategic approach to addressing impacts of fire on 
the Nation and PFAS as contributing factors to firefighter cancer. The 
2023 Summit added fire risks from emerging technology to the National 
Fire Service Strategy.
    As we look to the future, we need data to inform policy and 
regulation. We must continue our partnerships across the whole-of-fire 
services, across local, State, and Federal Governments, our research 
partners, our non-profit partners, and the industries in the electric 
vehicle space to determine appropriate regulations to stop deadly 
tragic events from occurring. Events like those in New York City since 
2021 where e-bikes with damaged batteries were left to charge overnight 
and placed in hallways and doors--trapping people inside a burning 
apartment. Or incidents where people buy aftermarket chargers on-line--
because they are less expensive--leaving battery cells to overcharge, 
which leads to thermal runaway and fire. New York has pushed forward on 
regulation of aftermarket chargers because of lessons learned from 
these incidents. It is our hope that the rest of the Nation takes heed 
and follows suit.
    USFA is seeking new ways to address evolving challenges by 
improving how we collect, analyze, and report relevant information in a 
timely manner. Legacy National Fire Incident Reporting System (NFIRS) 
data is inadequate; therefore, USFA is working with the Department of 
Homeland Security (DHS) Science and Technology Directorate to develop a 
modern cloud-based data capture system and a streamlined data standard 
for interoperability and maximum efficiency. The new platform will be 
known as NERIS (National Emergency Response Information System) and 
will ensure the USFA and the fire service at-large will have access to 
secure, interoperable live data that contains outputs from the most 
authoritative sources. Data scientists and engineers can leverage data 
from this platform to conduct research and disseminate reports to both 
the fire service and decision makers at all levels of government.
    Additionally, the National Fire Academy (NFA) is increasing its 
training curriculum to include lithium-ion incident scene safety and 
fire suppression tactics in existing courses. Major insights were 
gained from Li-ion batteries found in debris from wildfires in Lahaina 
on Maui. FEMA and USFA met with the Environmental Protection Agency 
(EPA) to evaluate a process for de-energizing cells with sustained 
energy after the fire. Once EPA thoroughly documents the cell de-
energization, crushing, and packaging process, the USFA will develop 
firefighter training curriculum to include this information. NFA 
curriculum also incorporates training and education for the full 
spectrum of community risk reduction, and the NFA offers training in 
multiple mediums to ensure broad access. In fiscal year 2023, the NFA 
delivered training to over 70,000 students.
    Regarding PFAS, the ``Protecting Firefighters from Adverse 
Substances Act'' (Pub. L. No. 117-248) (PFAS Act) directs the FEMA 
administrator (through USFA) to develop guidance for firefighters and 
other emergency response personnel on best practices to protect them 
from exposure to PFAS and to limit and prevent release of PFAS into the 
environment. Section 2 of the PFAS Act, requires DHS in consultation 
with the EPA, the Centers for Disease Control and Prevention/National 
Institute for Occupational Safety & Health (NIOSH), and the heads of 
other relevant agencies, to:
    1. Develop and publish guidance for firefighters on training, 
        education programs, and best practices;
    2. Make available a curriculum designed to reduce and eliminate 
        exposure, prevent release of PFAS into the environment, and 
        educate firefighters and emergency response personnel on PFAS 
        alternatives; and
    3. Create a public repository on tools and best practices to 
        reduce, limit, an prevent the release of and exposure to PFAS.
    USFA is actively working on these requirements.
    As we look to the challenges ahead, such as those posed by the 
prevalence of structure fires, the increasing risks of emerging 
technology, and forever chemicals, USFA looks forward to working with 
both our firefighting partners and the Members of this committee to 
build a fire-safe and more resilient Nation. Thank you for the 
opportunity to testify. I look forward to answering your questions.

    Chairman D'Esposito. Thank you, Doctor.
    I now recognize Chief Flynn for 5 minutes.

       STATEMENT OF DANIEL E. FLYNN, CHIEF FIRE MARSHAL,
           FIRE DEPARTMENT OF THE CITY OF NEW YORK

    Chief Flynn. Good morning, Chairman D'Esposito, Ranking 
Member Carter, and the Members of the Subcommittee on Emergency 
Management and Technology. As chief fire marshal of the New 
York City Fire Department, I want to express gratitude to the 
Members of the subcommittee for holding today's hearing and to 
Chairman D'Esposito for inviting me to discuss the dangers of 
fires involving lithium-ion batteries in micromobility devices.
    In 2023, New York City experienced 268 fires caused by 
these batteries in e-bikes, e-scooters, and other micromobility 
devices. As a result, 150 people were injured and 18 people 
were killed. These staggering numbers reflect the crisis that 
has ballooned over a very short period of time.
    We've seen the problem most acutely in New York. The city 
has a thriving delivery culture and thousands of delivery 
workers and messengers who use e-bikes. Many of the deadliest 
fires have been caused by e-devices being kept in residential 
homes and apartments. We have begun to see similar issues 
coast-to-coast in communities of all sizes. I speak with my 
counterparts in fire departments across the country, and many 
report the emergence of lithium-ion battery fires and ask for 
guidance on how to grapple with these issues.
    To grasp the urgency of this problem, it is important to 
understand that fires caused by lithium-ion batteries are more 
intense and more dangerous than traditional fires. Upon 
ignition, unsafe batteries enter a process called thermal 
runaway. They undergo a series of explosions, releasing highly 
toxic gases and projecting flaming cells that can travel great 
distances, increasing the likelihood that the fire will spread. 
These fires instantly create severely dangerous conditions, 
rendering an escape for anyone nearby significantly 
challenging. This is especially true if fires occur at night 
when an occupant is sleeping.
    Additionally, lithium-ion battery fires require large 
volumes of water to suppress and can reignite spontaneously, 
making them extremely difficult for firefighters to extinguish. 
They also pose uniquely grave dangers for the first responders 
who respond to these fires and risk their lives every day to 
protect life and property.
    One example of the detrimental results of these fires 
occurred last November, killing three generations of one family 
in one fire. Eighty-one-year-old Albertha West, her son, 58-
year-old Michael West, and her grandson, 33-year-old Jamiyl 
West, perished in that deadly fire because an e-bike containing 
an uncertified lithium-ion battery erupted in flames.
    Unfortunately, these fires continued to plague our city and 
our Nation. In my nearly 20-year-career with the fire 
department, I would be hard-pressed to identify another 
instance in which a new cause of fires originated and in only a 
few years became one of the leading causes of fatal fires.
    The FDNY has adjusted quickly, creating new operational 
procedures for responding, ensuring that devices are fully 
under control, and disposing of uncertified batteries and 
hazardous materials. We created task forces of inspectors who 
proactively inspect bike shops, respond to complaints, and 
frequently visit locations most likely to experience problems. 
We amended department policies enabling administrative 
companies to respond immediately to reports of hazardous 
conditions. We also created robust informational campaigns to 
educate members of the public about best practices for avoiding 
problems with their devices.
    Most importantly, we have extensively engaged with our 
local, State, and Federal legislators seeking support for new 
laws to help curb the effect of these devices. At the Federal 
level, New York City respectfully asks Congress to pass H.R. 
1797, the Setting Consumer Standards for Lithium-Ion Batteries 
Act, which would require the Consumer Product Safety Commission 
to issue a mandatory national standard for these devices. This 
legislation has bipartisan support and unanimously passed the 
House Energy and Commerce Committee, which is fitting as these 
deadly fires do not discriminate. We see them in large cities 
and small rural areas, in red and blue States alike. Americans 
need the protection of Congress, and we hope that this bill is 
called to an early vote on the House floor.
    As we look forward, the experience of lithium-ion batteries 
serves as a critical reminder of the importance of having 
public safety entities and first responders at the table when 
policy is made. Electrification technology is exciting, and 
there is no shortage of innovators striving to find better 
solutions. However, it is essential that we implement new 
technology in concert with an appropriate focus on public 
safety.
    I thank you for your attention to this issue. I'm 
appreciative of the work that you are doing to pass this 
important legislation, and I know that I share the sentiment 
with the brave members of the FDNY and grateful firefighters 
and emergency responders across the country. Thank you.
    [The prepared statement of Chief Flynn follows:]
    
                 Prepared Statement of Daniel E. Flynn
                 
                           February 15, 2024
                           
    Good morning, Chairman D'Esposito, Ranking Member Carter, and the 
Members of the subcommittee on Emergency Management and Technology.
    As chief fire marshal of the New York City Fire Department 
(``FDNY''), I want to express gratitude to the Members of the 
subcommittee for holding today's hearing and to Chairman D'Esposito for 
inviting me to discuss the dangers of fires involving lithium-ion 
batteries in micromobility devices. In 2023, New York City experienced 
268 fires caused by these batteries in e-bikes, e-scooters, and other 
micromobility devices. As a result, 150 people were injured and 18 
people were killed. These staggering numbers reflect a crisis that has 
ballooned over a very short period. We've seen this problem most 
acutely in New York. The city has a thriving delivery culture and 
thousands of delivery workers and messengers who use e-bikes. Many of 
the deadliest fires have been caused by e-devices being kept in 
residential homes and apartments. We have begun to see similar issues 
coast to coast, in communities of all sizes. I speak with counterparts 
in fire departments across the country and many report the emergence of 
lithium-ion battery fires and ask for guidance on how to grapple with 
the issue.
    To grasp the urgency of this problem, it's important to understand 
that fires caused by lithium-ion batteries are more intense and more 
dangerous than traditional, smoldering fires. Upon ignition, unsafe 
batteries enter a process called thermal runaway. They undergo a series 
of explosions, releasing highly toxic gasses, and projecting flaming 
cells that can travel great distances, increasing the likelihood that 
the fire will spread. These fires instantly create severely dangerous 
conditions, rendering escape for anyone nearby significantly 
challenging. This is especially true if a fire occurs at night when an 
occupant is sleeping.
    Additionally, lithium-ion battery fires require large volumes of 
water to suppress and can reignite spontaneously, making them extremely 
difficult for firefighters to extinguish. They also pose uniquely grave 
dangers for the first responders who respond to these fires and risk 
their lives every day to protect life and property. One example of the 
detrimental results of these fires occurred last November, killing 
three generations of a family in one fire. Eighty-one-year-old Albertha 
West, her son, 58-year-old Michael West, and her grandson, 33-year-old 
Jamil West perished in that deadly fire because an e-bike containing an 
uncertified lithium-ion battery erupted in flames. Unfortunately, these 
fires continue to plague our city and Nation.
    In my nearly 20-year career, I would be hard-pressed to identify 
another instance in which a new cause of fires originated and, in only 
a few years, became one of the leading causes of fatal fires. The FDNY 
has adjusted quickly, creating new operational procedures for 
responding, ensuring that the devices are fully under control, and 
disposing of uncertified batteries and hazardous materials. We created 
task forces of inspectors who proactively inspect bike shops, respond 
to complaints, and frequently visit locations most likely to experience 
problems. We amended department policies, enabling administrative 
companies to respond immediately to reports of hazardous conditions. We 
also created robust informational campaigns to educate members of the 
public about best practices for avoiding problems with their devices. 
Most importantly, we extensively engaged with our local, State, and 
Federal legislators, seeking support for new laws to help curb the 
deadly effects of these devices.
    At the Federal level, New York City respectfully asks Congress to 
pass H.R. 1797, the Setting Consumer Standards for Lithium-Ion 
Batteries Act, which would require the Consumer Product Safety 
Commission to issue a mandatory National standard for these devices. 
This legislation has bipartisan support and unanimously passed the 
House Energy and Commerce committee, which is fitting, as these deadly 
fires do not discriminate: we see them in large cities and small rural 
areas, in red and blue States alike. Americans need of the protection 
of Congress, and we hope that this bill is called to an early vote on 
the House floor.
    As we look forward, the experience of lithium-ion batteries serves 
as a critical reminder of the importance of having public safety 
entities and first responders at the table when policy is made. 
Electrification technology is exciting, and there is no shortage of 
innovators striving to find better solutions. However, it is essential 
that we implement new technology in concert with an appropriate focus 
on public safety.
    I thank you for your attention to this issue. I am appreciative of 
the work that you are doing to pass this important legislation, and I 
know that I share that sentiment with the brave members of the FDNY and 
grateful firefighters and emergency responders across the country.

    Chairman D'Esposito. Thank you very much, Chief.
    I now recognize Mr. Kerber for 5 minutes to summarize his 
opening statement.

        STATEMENT OF STEPHEN KERBER,  VICE PRESIDENT & EXEC-
         UTIVE DIRECTOR, FIRE SAFETY RESEARCH INSTITUTE, UN-
         DERWRITERS LABORATORIES INC.

    Mr. Kerber. Good morning, Chairman D'Esposito, Ranking 
Member Carter, and other Members of the subcommittee.
    Since January 1, over 375 Americans have died in home 
fires, including 50 children, mostly under the age of 5. 
Americans should feel the safest in their homes, but that's 
simply not the case. FSRI research shows that we have the least 
amount of time ever to escape as fires spread faster, due in 
part to the synthetic furnishings and finishes around us. We 
have seen a 25 percent rise in fire deaths in this country 
since 2012, a disturbing trend that's going to be a challenge 
to reverse.
    The fuels we bring inside our homes are increasingly 
complex. Though innovative, lithium-ion batteries, for example, 
as you've heard, can overheat, catch fire, emit toxic smoke, 
and create explosive environments. From the first sign of a 
problem, there could be less than a minute to escape a battery 
fire. We must act now to address these escalating fire dangers.
    Lithium-ion batteries are increasing and have resulted in 
injuries, fatalities, and property loss. If damaged or misused, 
a lithium-ion battery can transition from smoking to explosive 
fire growth within a matter of seconds. Even when not the 
initial cause of the fire, lithium-ion battery involvement can 
increase the intensity and magnitude of any incident.
    Over a thousand documented incidents have occurred in the 
United States since 2021. The real number is likely 
underreported because lithium-ion batteries are not well-
captured by the current national fire incident reporting 
system.
    FSRI is investigating multiple facets of lithium-ion 
battery fires to close knowledge gaps around topics like home 
energy storage systems, e-mobility fire hazards, and electric 
vehicle fires. Further study will help us understand the fire 
dynamics, characterize risks, and advance emergency response 
protocols around lithium-ion batteries. But technology is 
outpacing us and we can't do it alone. The Government must 
collaborate with fire service stakeholders to direct research 
toward top safety priorities and provide increased funding to 
improve battery safety.
    As the use of lithium-ion batteries grows, emergency calls 
will expose first responders to explosive events and toxic 
emissions beyond traditional experience. Supporting the safety 
of fire service personnel requires governmental and 
nongovernmental partners to discover effective solutions and 
funding for research to equip departments with advanced tactics 
for battery incidents, protective equipment designed to shield 
against lithium-ion battery exposure risks, critical equipment 
otherwise unavailable due to budgetary constraints. An 
immediate way that we can support these asks is the 
reauthorization of programs like the Assistance to Firefighters 
grant program and the Staffing for Adequate Fire and Emergency 
Response, or SAFER, program. We also need to reauthorize the 
U.S. Fire Administration, and that's incredibly important for 
us to handle this topic and move forward.
    Additionally, laws and regulations should integrate current 
codes and standards. To remain effective, current codes and 
standards must not be cherry-picked outside of the voluntary 
consensus process, and they need to incorporate the latest fire 
safety research. This research shows us that fire sprinklers 
are effective in protecting lives with the changes we see in 
the fire environment, including lithium-ion batteries.
    The Government must work with fire service stakeholders to 
educate the public on lithium-ion battery fire safety practices 
and empower consumer regulators on product safety, including 
setting mandatory standards for lithium-ion batteries and e-
mobility devices and closing outdated loopholes that enable 
uncertified devices to infiltrate our communities. Passing H.R. 
1797, the Setting Consumer Standards for Lithium-Ion Batteries 
Act is a very important next step.
    As innovations transform our world, public safety must 
become a top priority. We must acknowledge the need for 
research on risks, resources for first responders, public 
awareness, codes and standards, and governance so lithium-ion 
batteries can fulfill their purpose responsibly. By acting now 
on these priorities, we can address critical issues and create 
a safer world even as it grows more complex. Thank you.
    [The prepared statement of Mr. Kerber follows:]
                  
                  Prepared Statement of Stephen Kerber
                  
                           February 15, 2024
                              
                              introduction
                              
    Good morning, Chairman D'Esposito, Ranking Member Carter, and other 
Members of the subcommittee. I am Steve Kerber, executive director of 
the Fire Safety Research Institute, part of UL Research Institutes. The 
Fire Safety Research Institute (FSRI) advances fire safety knowledge to 
address the world's unresolved fire safety risks and emerging dangers. 
Along with our colleagues in the Electrochemical Safety Research 
Institute (ESRI), we take on the safety challenges associated with 
energy technologies. As part of UL Research Institutes, we are 
committed to sharing our safety insights with everyone to advance UL's 
public safety mission of providing safe living and working environments 
for people everywhere. Personally, I have been studying fire safety, 
with a focus on firefighter health and safety for more than 20 years. I 
am a third-generation volunteer firefighter having served more than a 
decade in the College Park Fire Department in Prince George's County, 
Maryland.

                    fire is fast--and getting faster

    So far this year, just 6 weeks in (1/1-2/9), we have lost more than 
348 people in home fires. At least 50 of those deaths were children, 
many under the age of 5. All these deaths are preventable. Americans 
should be the safest in their homes, but that is simply not the case 
when it comes to fire safety. Research conducted by FSRI has shown 
that, during a fire today, you have the least amount of time to safely 
exit your home than at any time in history.
    This is partially because of the synthetic materials used in our 
furnishings and interior finishes today. It is possible that a fire 
starting in a bedroom or living room could go from a small flame to 
flashover--which is when the room becomes fully engulfed with fire--in 
just 3 to 5 minutes. The heat and smoke generated by flashover make 
conditions unsurvivable in the room where the fire starts and in 
adjacent rooms or hallways that are open to the fire room. This has 
contributed to fire deaths steadily increasing over the last decade in 
the United States. USFA data estimates this increase to be almost 25 
percent since 2012.
    The other items, or the fuels, that we bring inside our homes 
continue to change as well--lithium-ion batteries for example. Lithium-
ion batteries have brought essential innovation to our vehicles, our 
grids, our communities, and everyday products that we rely on. And they 
are being deployed at a massive scale to drive a reduction in emissions 
and to improve the resilience of our national electrical grid. But they 
can overheat, catch fire, and cause explosions with disturbing 
intensity while emitting toxic smoke. From the first sign of a problem, 
there could be less than a minute to escape a battery fire.
    Fire keeps getting faster as most of the Nation's fire departments 
are ill-equipped to face the threats lithium-ion battery fires pose. 
That's why we must act now to address escalating fire dangers posed by 
modern materials and new technologies.
                         
                         research is essential
                         
    Despite on-going safety improvements such as smoke alarms and 
sprinklers, fires involving lithium-ion battery-powered products are 
increasing at an alarming rate and have resulted in injuries, 
fatalities, and property loss. Even when the initial cause of a fire is 
not the lithium-ion device, the involvement of lithium-ion batteries 
can increase the intensity and magnitude of any incident. FSRI is 
honored to support the U.S. Fire Administration and our Fire Service 
One Voice partners by developing actionable insights through 
collaborative research on this subject; however, additional research is 
imperative to reverse the mounting risks presented by this technology.
    Experiments and fire investigations have shown that, if damaged or 
misused, a lithium-ion battery can transition from smoking to explosive 
fire growth within a matter of seconds. In 2022, a high-profile fire in 
New York involving lithium-ion batteries injured almost 40 people. The 
fire was one of hundreds of documented incidents caused by lithium-ion 
batteries in the United States since 2021. The actual number is likely 
higher because lithium-ion battery fires are not yet captured by the 
national fire incident reporting system. These incidents drive the need 
to better understand the physical phenomena of thermal runaway and the 
associated hazards.
    As Dr. Moore-Merrell described, thermal runaway is one of the 
primary risks related to lithium-ion batteries. It is a phenomenon in 
which the lithium-ion cell enters an uncontrollable, self-heating 
state. We know through our research that thermal runaway can occur 
undetected until the situation becomes dire and there is an immediate 
danger of fire. This ultimately translates into shorter escape times 
and unknown hazards for consumers and first responders.
    FSRI is actively investigating multiple facets of battery fires, 
including:
   Fire service considerations with lithium-ion battery Energy 
        Storage Systems (ESS).\1\
---------------------------------------------------------------------------
    \1\ Fire service considerations with lithium-ion battery ESS 
(https://training.fsri.org/course/104/fire-service-considerations-with-
lithium-ion-battery-energy-storage-systems).
---------------------------------------------------------------------------
   The potential impacts when lithium-ion battery storage 
        systems fail in homes.\2\
---------------------------------------------------------------------------
    \2\ The Impact of Batteries on Fire Dynamics (https://fsri.org/
research/impact-batteries-fire-dynamics).
---------------------------------------------------------------------------
   The hazards posed when e-mobility devices (such as e-bikes 
        and scooters) go into thermal runaway.\3\
---------------------------------------------------------------------------
    \3\ Fire Safety Hazards of Lithium-Ion Battery Powered e-Mobility 
Devices (https://fsri.org/research/examining-fire-safety-hazards-
lithium-ion-battery-powered-emobility-devices-homes).
---------------------------------------------------------------------------
   The fire dynamics and suppression challenges of electric 
        vehicle fires.\4\
---------------------------------------------------------------------------
    \4\ Fire Safety of Batteries and Electric Vehicles (https://
fsri.org/research/fire-safety-batteries-and-electric-vehicles).
---------------------------------------------------------------------------
    While this research is already under way, knowledge gaps remain in 
determining how hazards develop during lithium-ion battery incidents 
and creating strategies to mitigate the associated risks for Americans 
and first responders. Further study of materials, construction methods, 
and computational tools will improve our understanding of the fire 
dynamics in buildings so that building systems can provide increased 
protection from lithium-ion battery fires. Experiments focused on 
lithium-ion battery incidents will characterize risks and advance 
emergency response protocols. We can't do it alone.
    The Federal Government must collaborate with fire service 
stakeholders to direct lithium-ion battery research efforts toward the 
highest-priority safety needs. Increased Federal funding is imperative 
to drive research in improving battery safety as technologies advance, 
ensuring safe functionality of battery systems across electric 
vehicles, energy storage and other uses of lithium-ion batteries, and 
equipping fire departments to respond to battery incidents through 
refined tactics, specialized tools, and reduced chemical exposure risk. 
Targeted research initiatives and funding in these domains will provide 
vital progress toward comprehensive lithium-ion battery safety for both 
the public and first responders.

              safeguarding fire responders is fundamental

    Lithium-ion batteries present a dynamic challenge to the fire and 
emergency services. As use of these devices accelerates through 
communities, emergency responses will expose first responders to 
explosive thermal events and toxic emissions beyond traditional 
protocols. Bravery alone cannot sufficiently protect our fire service. 
We must have the support of the Nation's leaders to ensure the safety 
of America's communities and fire service personnel. Addressing these 
challenges will require a multi-faceted process working with a variety 
of partners (Governmental and non-Governmental) across many issue 
areas.
    Congress must urgently deliver specialized resources that match the 
novel threats proliferating. This includes funding:
   Targeted research to equip departments with advanced tactics 
        for battery incidents and integrating the latest science into 
        customized training.
   Modern protective equipment and tools designed specifically 
        to shield against exposure risks distinct to lithium-ion 
        battery chemistry and future chemistries.
   Additional personal protective equipment and tools otherwise 
        out of budgetary reach for resource-starved departments.
    It is within your power to direct vital funding so first responders 
have every chance to prevail over the ever-evolving risks confronting 
communities across this country. Renewing support for programs like the 
Assistance to Firefighters Grant (AFG) and Staffing for Adequate Fire 
and Emergency Response (SAFER) grant programs--as well as the U.S. Fire 
Administration--will provide access and accountability Nation-wide. The 
safety of Americans begins with securing the safety of our emergency 
services.

                         education is critical
                         
    Both public awareness and first responder training are insufficient 
regarding lithium-ion battery hazards. Most Americans do not realize 
the fire risks the ubiquitous devices present if damaged or 
overcharged. And most fire teams lack the specific protocols needed 
when battery storage or electric vehicle fire occur.
    Leaders must work with fire service stakeholders to prioritize 
national outreach to address these knowledge gaps. Impactful education 
includes:
   Mass campaigns conveying battery fire prevention through 
        departments uniquely positioned to connect local 
        constituencies.
   Turnkey campaigns like FSRI's Take C.H.A.R.G.E. of Battery 
        Safety \5\ initiative designed to promote best practice 
        consumer behaviors and potentially life-saving emergency 
        planning through memorable guidelines.
---------------------------------------------------------------------------
    \6\ Take C.H.A.R.G.E. of Battery Safety (https://
batteryfiresafety.org; https://vimeo.com/884565314).
---------------------------------------------------------------------------
   Accessible training materials for fire service instruction 
        covering lithium-ion fire dynamics distinct from 
        ``traditional'' fires and tailored suppression methods that 
        integrate containment, suppression, scene turnover 
        requirements, PPE needs, disposal, and more.
    Effective messaging requires distilling cutting-edge research for 
public comprehension and fire service training customization. We urge 
officials at all jurisdictional levels to commit resources allowing 
departments to inform, instruct, and intervene against preventable 
high-risk battery incidents in the communities they serve. Hazard 
mitigation begins with awareness.

                        governance is essential
                        
    Governance mechanisms around safety standards, trade enforcement 
measures, and legislative initiatives remain disconnected and outpaced 
by swiftly-evolving technologies. Holistic implementation and 
enforcement of current codes and standards at Federal, State, and local 
levels will provide the foundation required to properly ensure the fire 
and life safety ecosystem, especially as codes and standards continue 
to be updated in response to new and evolving knowledge about 
technologies, including lithium-ion batteries.
    Commercial readiness should never undermine public safeguards. The 
Federal Government must look to existing codes and standards 
organizations like UL Standards & Engagement, the National Fire 
Protection Association (NFPA), and the International Code Council (ICC) 
to ensure that laws and regulations consider the work already being 
done in this space. Applicable codes and standards \6\ exist; however, 
to remain effective, they must constantly integrate manufacturer 
insights with the latest fire safety research on battery hazards.
---------------------------------------------------------------------------
    \6\ For e-mobility, the applicable standards are: UL 2054, 
Household and Commercial Batteries; UL 2272, Electrical Systems for 
Personal E-Mobility Devices; UL 2849, Electrical Systems for eBikes; UL 
2850, Outline of Investigation for Electrical Systems for Electric 
Scooters and Motorcycles; UL 2271, Batteries for Use in Light Electric 
Vehicle (LEV) Applications; UL 2580, Batteries for Use in Electric 
Vehicles.
---------------------------------------------------------------------------
    The Federal Government must work with fire service stakeholders to 
empower consumer regulators with product safety mandates. H.R. 1797/S. 
1008, the Setting Consumer Standards for Lithium-Ion Batteries Act, 
would require the Consumer Product Safety Commission to set a mandatory 
safety standard for lithium-ion batteries in micro-mobility devices. 
Closing outdated loopholes that enable uncertified devices into 
communities is also paramount.
    With coordinated governance, the promise of battery technologies 
can properly and safely accelerate. By infusing regulation with current 
competence, no innovation outpaces our ability to integrate it 
responsibly. We urge officials at all levels to partner with 
researchers and industry in establishing safety protocols.

                               conclusion

    Public safety must become the top priority as innovations central 
to our 21st Century lifestyles introduce increasing fire hazards. 
Technologies already promising to transform our vehicles, grids, and 
communities are now threatening them absent a new paradigm centered on 
safety.
    But with deliberate governance, robust safety standards, and 
coordinated consumer education, lithium-ion batteries can fulfill their 
highest purpose responsibly. Implementing the necessary safeguards 
begins by acknowledging the urgent need for modern research, first 
responder resources, and public awareness reflective of contemporary 
risks.
    Through immediate action centered on current codes, centralized 
funding, and community empowerment against preventable risks, we will 
pass to the next generation safer homes, infrastructure, and the 
emergency services relied upon to be ever-vigilant against hazards both 
known and still obscure.
    Thank you again for the opportunity to share my perspective and I 
am happy to help this committee address these critical issues.
                               
                               resources

    Other important standards and codes include:
   UL 9540, Standard for Safety of Energy Storage Systems and 
        Equipment
   NFPA 1, Fire Code
   NFPA 70, National Electrical Code
   NFPA 855, Standard for ESS and Lithium Battery Storage 
        Safety
   International Fire Code, ICC
   International Residential Code, ICC.

    Chairman D'Esposito. Thank you very much, Mr. Kerber.
    I now recognize Chief Butler for 5 minutes.

      STATEMENT OF  FIRE CHIEF JOHN S. BUTLER,  PRESIDENT
       AND BOARD CHAIR, INTERNATIONAL ASSOCIATION OF FIRE
       CHIEFS

    Chief Butler. Good morning, Chairman D'Esposito. Let me 
start over. Good morning, Chairman D'Esposito and Ranking 
Member Carter. I appreciate the opportunity to discuss lithium-
ion batteries and other threats to fire safety.
    The most important sentence I can summarize with is 
America's fire service is approximately 5 years behind the 
curve in this problem. We request Federal assistance to catch 
up.
    Lithium-ion batteries can provide an alternate source of 
energy to Americans. However, they present fire safety 
challenges when not used or disposed of properly. A fire 
involving a lithium-ion battery requires a longer response 
time.
    In addition, the fire department must package the damaged 
device and prepare it for transportation. The response and 
mitigation of these incidents requires new training for fire 
departments. Also, it can create a burden on fire department 
staffing and resources, as you mentioned earlier, with 7 hours 
on a fire.
    We are not just challenged in the EV and mobility space 
with completed products. Local fire departments also must 
respond to incidents in warehouses, manufacturing, and 
recycling facilities, as we've seen. We also must respond to 
incidents involving the transportation of lithium-ion batteries 
by road, rail, and waterways.
    The battery is not the lone concern. The charging 
components, use of third-party replacement lithium-ion 
batteries and large home energy storage systems, also poses 
challenges. Unfortunately, the increase of these batteries in 
our society has not led to increased response to capabilities 
of the fire service or rapid adoption of current fire and 
building codes. We need more help. I would like to thank my 
partners at FDNY for their leadership in this effort.
    In addition, I note that this problem is not isolated to 
one region. It is affecting communities Nation-wide, small 
communities, smaller departments other than FDNY and Fairfax 
County. For example, in Fairfax County, we had 17 incidents 
involving lithium-ion batteries in 2023. They were in a variety 
of devices, including vehicles, mobile phones, portable 
chargers, and laptop computers.
    As the Nation deals with an increase in lithium-ion battery 
fires, we need to be able to track and better understand their 
occurrences. Currently, the National Fire Service utilizes the 
National Fire Incident Reporting System to track fire-related 
incidents. However, this system is antiquated and must be 
replaced by the National Emergency Response Information System. 
We ask Congress to pass H.R. 4090, the Fire Grants and Safety 
Act. It would authorize $95 million for the U.S. Fire 
Administration through fiscal year 2028. This increase in 
funding will allow the USFA to replace NFIRS with the new NERIS 
that I spoke of and will allow real-time data collection about 
incidents involving lithium-ion batteries Nation-wide.
    H.R. 4090 also will allow increased funding for the U.S. 
Fire Administration and the National Fire Academy to train 
firefighters to respond to fires caused by lithium-ion 
batteries and how to safely manage and clean up the incident 
scene afterwards. Also, the USFA will be able to fund public 
education programs to promote the safe use and disposal of 
lithium-ion batteries.
    We also urge Congress to pass H.R. 1797, the Setting 
Consumer Standards for Lithium-Ion Batteries Act. This 
legislation would require the Consumer Product Safety 
Commission to issue safety standards on lithium-ion batteries 
in micromobility devices. In addition, we ask for support for 
efforts to educate States, Tribes, territories, and local 
communities about the importance of adopting model codes and 
standards.
    Thank you for the opportunity to address the challenge of 
lithium-ion batteries and other fire safety issues. Congress 
can play a role in ensuring the Nation's preparedness by 
passing legislation like Setting Consumer Standards for 
Lithium-Ion Batteries Act. In addition, it can pass the Fire 
Grants and Safety Act. This legislation will allow the USFA to 
track lithium-ion batteries, develop firefighter training, and 
conduct public education programs.
    Finally, we ask that Congress create a grant program to 
help local communities and fire departments prepare for 
incidents involving lithium-ion batteries. The International 
Association of Fire Chiefs looks forward to working with the 
committee to ensure the safe adoption of this revolutionary 
technology.
    Thank you for giving me some time.
    [The prepared statement of Chief Butler follows:]
    
                  Prepared Statement of John S. Butler

                           February 15, 2024
                           
    Good morning, Chairman D'Esposito and Ranking Member Carter. I am 
John S. Butler, fire chief of the Fairfax County (Virginia) Fire and 
Rescue Department and president and board chair of the International 
Association of Fire Chiefs (IAFC). I appreciate the opportunity today 
to discuss lithium-ion batteries and other threats to fire safety.
    The IAFC represents the leadership of over 1.1 million firefighters 
and emergency responders. IAFC members are the world's leading experts 
in firefighting, emergency medical services, terrorism response, 
hazardous materials (hazmat) incidents, wildland fire suppression, 
natural disasters, search and rescue, and public-safety policy. Since 
1873, the IAFC has provided a forum for its members to exchange ideas, 
develop best practices, participate in executive training, and discover 
diverse products and services available to first responders.
    America's fire and emergency service is an all-hazards response 
force that is locally situated, staffed, trained, and equipped to 
respond to all types of emergencies. There are approximately 1.1 
million men and women in the fire and emergency service--consisting of 
approximately 300,000 career firefighters and 800,000 volunteer 
firefighters--serving in over 30,000 fire departments around the 
Nation. They are trained to respond to all hazards ranging from 
earthquakes, hurricanes, tornadoes, and floods to acts of terrorism, 
hazardous materials incidents, technical rescues, fires, and medical 
emergencies. We usually are the first at the scene of a disaster and 
the last to leave.

           dangers posed by fires from lithium-ion batteries

    America's fire and emergency service is approximately 5 years 
behind the curve in addressing problems relating to lithium-ion 
batteries and we request Federal assistance to catch up. Fires 
involving lithium-ion batteries present unique challenges to local fire 
departments. As a result, local communities must plan for a number of 
complicated factors. For example, the duration of the fires can be 
longer: an incident involving an electric vehicle can take 4 hours and 
one involving a power storage unit can take approximately 24 hours to 
extinguish the fire and complete post-fire mitigation. Firefighters 
must not only extinguish the fire. They also have to pack the device 
and prepare it for storage to prevent secondary fires. In addition, 
fire departments also must plan to decontaminate their gear and address 
concerns about the exposure of firefighters to the toxic smoke caused 
by a lithium-ion battery fire. All of these characteristics of fires 
involving lithium-ion batteries can be a burden for fire departments' 
limited staffing and resources.
    Thermal runaway occurs in lithium-ion batteries when the individual 
cells become destabilized and enter a state of uncontrollable warming. 
The reaction is the root cause of the fires we see from lithium-ion 
batteries. Often this phenomenon begins with little to no warning, 
which can create later complications regarding the removal of any 
active lithium-ion batteries from an incident scene. Thermal runaway 
typically presents with large amounts of smoke or gas, which is highly 
flammable and toxic.
    These fires are not just contained to the devices they power. They 
can engulf the location of the initial fire, along with the surrounding 
dwellings. The risks posed by lithium-ion fires cannot be understated.

          the source of fires involving lithium-ion batteries
          
    There is a great chance everyone in this room has some sort of 
lithium-ion battery on their person. These power the devices which many 
of us rely upon. Without question, lithium-ion batteries are part of 
the future of a greener, cleaner society. However, our Nation's fire 
and emergency services have been responding to an increased number of 
incidents caused by fires involving lithium-ion batteries. Lithium-ion 
batteries are used to power electric scooters; electric bikes; 
hoverboards; wheelchairs; personal computers; cell phones; landscaping 
tools; electronic cigarettes; golf carts; energy storage systems used 
to power homes; all-terrain vehicles; electric vehicles (EV); 
commercial buses; trucks; and much more.
    Our fire service is not just challenged in the EV and mobility 
space with completed products. With the rapid increase of cell 
manufacturing in the United States, many of our communities are 
struggling with new facilities that are part of the rapidly-growing 
manufacturing sector. This may be a battery plant; manufacturing 
facility; automobile assembly; or even a battery laboratory. Our 
firefighters are challenged with not just the buildings, but the 
transit of these materials as part of the complete ecosystem. This can 
include the safe transport of products by rail, road, and waterways.
    The battery is not the lone concern with the operation of many of 
these devices. The charging components, use of third-party replacement 
lithium-ion batteries, and large home energy storage systems also pose 
great concerns. It is also worth noting the growing prevalence of home 
energy storage systems that use lithium-ion batteries to power an 
entire home. Unfortunately, the increase of these batteries in our 
society has not led to increased response capabilities for the fire 
service or rapid adoption of current and model fire and building codes. 
The fire service is at the initial stages of exploring the best and 
safest methods to respond to fires caused by these batteries. Several 
things need to happen to make these devices safe for all. We need more 
help.

            lithium-ion battery fires are a national problem
            
    I would like to thank my partners at the FDNY for their leadership 
in this effort. Without a doubt, New York City has experienced a high 
number of these fires. Over the last 4 years in New York alone, there 
were more than 400 fires related to lithium-ion batteries. These fires 
resulted in more than 300 injuries, 12 deaths and damage to more than 
320 structures and more than 100 non-structures. As a response to these 
fires, the FDNY is one of the most proactive voices calling for the 
necessary enactment of laws and regulations to try and remedy this 
situation.
    Nonetheless, I would like to call attention to how lithium-ion 
battery fires are affecting communities all over our Nation.
   In Fairfax County (VA), we had 17 incidents involving 
        lithium-ion batteries in 2023. They were in a variety of 
        devices including vehicles, mobile phones, portable chargers, 
        laptop computers, and remote-controlled cars.
   In March 2021, the Harrisburg (PA) Bureau of Fire 
        experienced a line of duty death due to a fire caused by 
        lithium-ion batteries found in hoverboards.
   In March 2023, the Brighton (MI) Area Fire Authority 
        experienced 3 fires in 1 week, which involved a plug-in hybrid, 
        a cell phone battery; and a mobility-based device.
   On March 2023, a lithium-ion battery from a hoverboard 
        ignited a basement fire in Lodi, NJ.
   During 2023, Houston (TX) experienced more than 60 fires 
        involving rechargeable lithium-ion batteries. These fires 
        included lithium-ion batteries in hoverboards, scooters, and 
        motor vehicles.
   Gainesville (FL) experienced several fires due to devices 
        powered by lithium-ion batteries. In 2023, 2 of these fires 
        involved surrounding structures and dwellings.
   Washington, DC experienced 8 fires in 2023 that were 
        attributed to lithium-ion batteries. Three of these fires 
        involved e-bikes and scooters and one involved a hoverboard.
        
             the need for better data on lithium-ion fires
             
    As the Nation deals with an increase in lithium-ion battery fire 
incidents, it is important that we can track and better understand 
their occurrences. We need to know the answers to questions like ``What 
devices cause these incidents? Who are the operators of these devices? 
Where are these incidents occurring, and how often?'' These metrics 
will help us better understand how and where to allocate resources. 
Some representatives of the fire service are tracking this data and 
some States, like Florida, are beginning to require their fire 
departments to report lithium-ion battery fires. Yet, we still need a 
national understanding of the scope of the problem of lithium-ion 
fires.
    Currently, the national fire and emergency service utilizes the 
National Fire Incident Reporting Systems (NFIRS) to track fire-related 
incidents. The United States Fire Administration (USFA) is developing a 
replacement for NFIRS that will include real-time data on fires. The 
IAFC supports the USFA's effort to develop the National Emergency 
Response Information System (NERIS) and urges Congress to fully fund 
its development. The development of NERIS will give our communities the 
necessary tools to track information about incidents involving lithium-
ion batteries. With a better understanding of the scope of the problem, 
Congress and the administration will be able to allocate resources to 
help local fire departments respond to this growing problem.

                the need to develop codes and standards
                
    To prohibit the further entry of faulty lithium-ion batteries into 
our communities, model codes and standards must be developed, updated, 
and adopted. This will involve collaboration between many stakeholders, 
such as the fire service; Federal, State, and local agencies; research 
organizations; and manufacturers. There are several ways this can be 
achieved:
    (1) Look to notable fire service organizations that are leaders in 
        the code and standard space, such as Underwriters Laboratories 
        (UL), the National Fire Protection Association (NFPA), and the 
        International Code Council (ICC). The fire and emergency 
        service needs strong partners that not only work to reduce 
        these events from happening, but encourage the industry to 
        develop solutions for post-incident mitigation of a fire where 
        lithium-ion batteries are involved. Organizations such as UL, 
        NFPA, and ICC are leading the effort to adapt codes and 
        standards to adapt to technology using lithium-ion batteries. 
        Further support of their work will lead to increased safety for 
        not just consumers, but also first responders, who respond to 
        lithium-ion battery fires. While we all know the power of using 
        modern building and fire codes, States and communities also 
        need support in adopting the most current codes and standards 
        to address this rapidly-changing industry.
    (2) Pass and enact the Setting Consumer Standards for Lithium-Ion 
        Batteries Act (H.R. 1797/S. 1009). This legislation would 
        require the Consumer Product Safety Commission to issue safety 
        standards on lithium-ion batteries in mobility devices. A high 
        percentage of the fires caused by lithium-ion batteries are in 
        devices like e-bikes, e-scooters, and hoverboards. With the 
        increased use of micro-mobility devices powered by lithium-ion 
        batteries, it is paramount that we set safety standards to 
        ensure that consumers are not subject to harm. H.R. 1797, as 
        amended, advanced out of the House Energy and Commerce 
        Committee by a total of 42-0. I urge the full House of 
        Representatives to swiftly consider this legislation and pass 
        it without delay. In the mean time, I urge the Senate Committee 
        on Commerce, Science, and Transportation Committee to begin 
        consideration of S. 1009. The sooner Congress acts, the faster 
        we can start to prevent unsafe lithium-ion batteries from being 
        on America's streets and in American homes.
        
 the need for more training, resources, and increased public education
 
    Fire departments should work with organizations like the UL's Fire 
Safety Research Institute, the New York City Fire Department (FDNY), 
the USFA, and the IAFC to prepare for lithium-ion fires. The USFA can 
use the National Fire Academy and its relationship with the State and 
local fire training academies to train firefighters about how to 
respond to fires caused by lithium-ion batteries and how to safely 
manage and clean up the incident scene after the fire. In addition, the 
USFA can develop public education campaigns to educate the public about 
the safe handling and storage of devices and vehicles using lithium-ion 
batteries.
    The Assistance to Firefighters Grant (AFG) and the Staffing for 
Adequate Fire and Emergency Response (SAFER) grants provide matching 
grants that can be used to help local fire departments with incidents 
involving lithium-ion batteries. However, both programs already cannot 
meet the current demand for their funds. In addition, unless Congress 
passes the Fire Grants and Safety Act (H.R. 4090/S. 870), these 
programs will expire on September 30, 2024.
    We recommend that Congress develop a new program that will help 
communities prepare for incidents involving lithium-ion batteries. The 
program should fund code adoption efforts; planning, training, and 
exercises; and equipment. The program also should fund research into 
issues like firefighter exposure to toxic fumes from lithium-ion fires 
and how to effectively decontaminate gear that has been used in a fire 
involving lithium-ion batteries.

                               conclusion

    I thank you for the opportunity to address the threat of lithium-
ion batteries and other threats to fire safety. While lithium-ion 
batteries present a promise in providing power to new forms of 
technology, we must take steps to prepare for accidental fires caused 
by them. Congress can play a role in ensuring the Nation's preparedness 
by passing legislation like the Setting Consumer Standards for Lithium-
Ion Batteries Act (H.R. 1797/S. 1009). In addition, it can pass the 
Fire Grants and Safety Act (H.R. 4090/S. 870) to preserve programs like 
the AFG and SAFER programs and also create a program to help local 
communities work with their fire departments to prepare for incidents 
involving lithium-ion batteries. We also support increased funding for 
the USFA to ensure that it can improve data collection efforts and 
distribute training and public education to help local communities 
prevent fires involving lithium-ion batteries. The IAFC looks forward 
to working with the committee to ensure the safe adoption of this 
revolutionary new technology.

    Chairman D'Esposito. Thank you, Chief Butler.
    Members will now be recognized by order of seniority for 
their 5 minutes of questioning. An additional round of 
questioning may be called after all Members have been 
recognized. I now recognize myself for 5 minutes.
    Chief Flynn, thank you again for being here today. Just 
last week, the FDNY shut down an illegal lithium-ion battery 
business in Queens that was building battery packs for 
individual battery cells and replacing old lithium-ion 
batteries, which is in violation of the fire code. Can you 
explain to us and to people listening at home how you are 
inspecting and tracking which companies are making those unsafe 
batteries?
    Chief Flynn. Thank you for that question. We have a robust 
inspection program within the city. We team up with our fire 
prevention inspectors on a daily basis and go out and inspect 
every location that we become aware of that is selling, 
servicing, leasing, renting of these devices. We believe we 
inspected every single one within the city that we are aware 
of. We've conducted over 500 of these inspections just last 
year. Many of these businesses we've actually inspected several 
times.
    So when we do become aware of them, we get out there and 
inspect them immediately. We've urged the public within New 
York City to call 311, which is our nonemergency number, for 
concerns from the public, and we pledge that we will get out 
there to inspect and address their concerns within 12 hours. 
We've also utilized our field units, our firefighting units, to 
help in those inspections. We want to make sure that every 
location in the city is safe from these devices.
    One thing that limits our ability, though, is we can really 
only inspect these commercial locations. We cannot get inside 
people's homes to inspect for the safety of the lithium-ion 
batteries inside their homes. So, in that respect, we've moved 
to an informational campaign where we've had a robust 
informational campaign on social media, getting out to public 
events, meeting with religious leaders, working with our 
housing authority to get that word out about lithium-ion 
battery safety.
    We want to make sure people are storing them properly. We 
don't want them by people's front doors or their primary means 
of egress of their apartment. We just want people to be safe, 
charge them properly, store them properly when they're damaged, 
dispose of them properly.
    Chairman D'Esposito. Now, you mentioned that you guys are 
confident that you have inspected every single location, 
obviously specific to the commercial, because, as you said, it 
is sometimes difficult to get into the residential. While you 
are investigating these locations, have you found or identified 
any specific trends to the lithium battery fires, for instance, 
perhaps batteries that are manufactured in China or ones that 
are repurposed? What are the patterns that you are seeing as to 
the cause of these deadly fires?
    Chief Flynn. We are tracking that. We are trying to track 
the brands of the devices that are failing, most often in the 
city. Unfortunately, when we do conduct our investigations, 
many of these products are damaged beyond recognition. A lot of 
that goes into interviews with the owners of these devices.
    We do share that data. We have a very strong relationship 
with the CPSC already, and we speak to them on a daily basis. 
Every time we do have one of these fires and we collect 
evidence from that fire, we allow them the opportunity to 
inspect that device, to record what products are failing on a 
national level so they have that information. Our data 
collection, I think we're doing a great job of that right now. 
But it's pretty early on to make that determination as to where 
these products are coming from and what specific devices are 
failing.
    Chairman D'Esposito. Thank you. Mr. Kerber, we have heard 
reports from the U.S. Consumer Product Safety Commission of 
unsafe lithium-ion batteries being sold on sites like Amazon by 
Chinese manufacturers. How are industry and Government partners 
working together to establish safety standards, and what more 
can we do to assist in that process?
    Mr. Kerber. So, our fellow organization, UL Standards and 
Engagement, has worked diligently over many years to create 
voluntary consensus standards that cover many of these lithium-
ion battery-powered products. So the standards are there, but 
they are voluntary. So by moving forward with the act that's 
currently in play right now would force CPSC to make a 
mandatory requirement in order to make sure that these devices 
are, in fact, meeting these standards and being certified as 
such.
    Chairman D'Esposito. Thank you. My time is just about up.
    I now recognize the Ranking Member, Mr. Carter, for 5 
minutes.
    Mr. Carter. Thank you, Mr. Chairman.
    Chief Butler, your testimony mentions challenges with 
collecting accurate data from lithium-ion fires, and you note 
that such data are not currently maintained in the national 
database. You also mentioned that we're 5 years behind. How are 
fire departments tracking these lithium-ion battery fires, and 
are there plans to develop a means to track them nationally? 
Can you give an example of the types of national data that 
would give a better picture of where and why these incidents 
occur?
    Chief Butler. Thank you for the question. There are over 
30,000 fire departments in the United States, and some have 
resources that others don't. In the community I'm in, we are 
able to track fires related to lithium-ion at the company level 
and input into our local database. We have the abilities to do 
that. Many other places don't. Many other places don't have 
those resources, and, therefore, even more the reason for a 
national information system such as NERIS.
    We can't address an issue until we understand the issue, 
and we're continuing to learn about lithium-ion challenges, and 
we need to see it from a national and international level. 
That's where NERIS would come into play. I'm fortunate to be in 
an organization that we can do a lot and feed NERIS. Many 
places need to start from the ground up.
    I think that's the end of my response to that question.
    Mr. Carter. Yes, thank you very much.
    U.S. Fire Administrator Merrill, how does the U.S. Fire 
Administration plan on tracking lithium-ion batteries 
statistically nationally? The statistics nationally, rather.
    Ms. Moore-Merrell. Yes, sir. Thank you for that question.
    At present, we are limited to media scrapes. This is how 
we're learning. I mentioned in my testimony our antiquated 
NFIRS system does not have the capability for tracking. So, 
local fire departments, much like Chief Butler just referenced, 
are tracking them either as a hazardous material incident or an 
electrical fire. So there's no consistency because the data 
system can't contain it.
    So the new cloud-based platform that's being constructed 
now will be onboarding several departments for testing within 
the next couple of weeks. We will onboard an additional 50 
departments in the summer, and then opening up for the Nation-
wide fire departments to self-onboard to the new system. The 
new system will absolutely be able to not only track lithium-
ion, but other emerging technologies as they arise, so that we 
can better understand any fire risk associated as these 
emerging technologies that are going to make our lives better, 
but they also may carry fire risks that we don't understand. So 
we will track them in the new system.
    They'll be able to be tracked straight from the scene. 
We'll be able to upload videos or photos right from the scene 
as well, so we'll understand better about the products into the 
new system. So understanding data input for firefighters across 
the Nation is going to change once we have the new system 
operational this year.
    Mr. Carter. So we know that many of the every-day products 
that we use, from cell phones to my kids' hoverboards to all of 
the various things that are out there, have lithium-ion 
batteries. Where are the majority of these batteries 
manufactured?
    Ms. Moore-Merrell. Sir, I'm afraid that's something I'd 
have to get back to you on. Perhaps----
    Mr. Carter. Does any panelist have an answer or no?
    Ms. Moore-Merrell. UL may have an answer.
    Mr. Carter. No, it's OK if you don't. You can get back with 
me.
    The other question associated with that is we know that we 
get on the airplane every day with lithium-ion batteries. The 
risk of explosion, or if, God forbid, a terrorist use of some 
nefarious act. Are we tracking these kind of things to make 
sure that we're ahead of the game in dealing with this being 
used in a more nefarious act versus an accidental one?
    Ms. Moore-Merrell. No, that's a great question, sir, and 
it's something that is extremely concerning. As you have noted 
there, this part of the tracking would be able to be able to 
identify would that be a behavior that might evolve? Certainly, 
as we learn from every single incident, we're still in research 
mode here, very much in research mode, and incident by 
incident, unfortunately, is how we're learning.
    There is some research funding around this that my 
colleagues from UL and other institutes are looking at. 
Lithium-ion, how the runaway happens, how these explosions 
happen, how the cells evolve. But also, we are learning post-
incident. Every event that FDNY responds to, we learn 
something. So as they evolve, we're trying to track that 
information, compile it so we have information to carry 
forward.
    Mr. Carter. Great. I have got about 17 seconds left. I want 
to ask one other question that is very important to me.
    While we are focusing on lithium-ion batteries, I don't 
want us to lose focus on fire threats. In August, we saw brutal 
firefighters--fires destroy parts of Maui, which tragically 
lost--led to 100 confirmed deaths. As we prepare the Nation's 
future threats, such as climate change, it is imperative that 
we prioritize community investments to improve preparedness 
measures against all forms of hazards. U.S. Fire Administrator, 
can you share with us that ensuring that climate change is 
being factored into all fire preparedness across the Nation.
    Ms. Moore-Merrell. Absolutely, sir. Climate change is in 
the forefront of our mind. What is happening across, as you 
pointed out earlier in your opening statement, wildfires in 
Louisiana. This is a first. We're seeing the changes, 
everything from the atmospheric rivers in California to 
wildfires in places that have not historically experienced 
them.
    One of the things that we note is that we continue as a 
Nation to build toward risk. In other words, we are clearing 
fire-prone lands, lands that have burned for hundreds of years, 
perpetuating the vegetation. Yet today, we're clearing them and 
putting structures there, people there, often with one way in 
and one way out. So as we build toward that risk, we must take 
a stand on building codes and look to the science that we know 
can make a difference. Fire-resistant building materials, all 
of those things must be upheld, and that's how we'll reduce the 
risks.
    Mr. Carter. Thank you. My time is far expired.
    Mr. Chairman, I yield back. Thank you, ma'am.
    Chairman D'Esposito. Thank you, Mr. Carter.
    I now recognize from New Jersey, Mr. Payne.
    Mr. Payne. Thank you, Mr. Chairman. Administrator Moore-
Merrell, in your testimony, you mentioned the next generation 
PFAS-free personal protective equipment, along with science and 
risk-based mitigation programs, can lessen the health risk for 
first responders. My bill, H.R. 3254, the First Responder 
Assesses the Innovative Technologies Act, would expedite the 
process for getting this next generation equipment into the 
hands of first responders and firefighters, ensuring they have 
the equipment they need to do the job safely and effectively. I 
want to thank the International Fire Chiefs Association for 
endorsing the bill.
    What is FEMA doing to change its process to get equipment 
and systems onto the authorized equipment list and into the 
hands of first responders?
    Ms. Moore-Merrell. That's a great question, sir.
    As you know, PPE, or the gear, turnout gear, is a Priority 
1 level for the Fire Act grants, and so it already remains 
there. One of the issues with having PFAS-free gear is that we 
need the manufacturers to actually produce it. Often the 
manufacturers don't produce until there's a demand, and the 
demand has not arisen yet because most fire departments are 
held to purchase based on an industry standard. So the NFPA 
standard that directs and is over the gear itself still has a 
test that the test requires PFAS in the gear in order to pass 
the vulnerability test for the gear. So we're working to change 
the standard so that we can have the departments who have to 
comply with the standard be able to purchase in order to drive 
the demand for the manufacturers to make the gear.
    So right now, we're in a bit of a circular issue. It is not 
a grant. Grants will cover the gear that can be purchased.
    One of the things that we do want to put on your radar 
going forward is how are we going to not only purchase gear for 
the Nation, but how do we dispose of the gear that has PFAS in 
it that exists now for every firefighter in the Nation?
    Mr. Payne. So basically, we have a chicken-or-the-egg 
situation.
    Ms. Moore-Merrell. We do currently, sir. Yes, sir.
    Mr. Payne. OK. Thank you.
    Chief Flynn, while we are discussing safety training and 
equipment for first responders and firefighters, I wanted to 
quickly discuss one of FDNY's training facilities. As you are 
aware, there was a shipboard fire at Port Newark in my district 
last July. Sadly, two brave firefighters with the Newark Fire 
Division lost their lives. Augusto Acabou and Wayne Brooks 
succumbed to the fire on a smoke-filled deck full of vehicles.
    The FDNY has a ship simulator on Randall's Island that I 
understand is utilized throughout the year. Could you tell me 
more about the facility, including how many firefighters and 
first responders can be trained at this facility annually, and 
whether the number of firefighters trained annually can be 
increased in the costs associated with training?
    Chief Flynn. Certainly. Thank you for that question. My 
condolences to the community and the loss of those brave 
firefighters in that shipboard fire.
    We do have a shipboard simulator at Randall's Island. We 
have many different simulations there. We even have a fuselage 
of a plane, so we train on all potential threats at our fire 
academy. We also train our probationary firefighters there. We 
train about 400, close to 400 in a class. So it's a very, very 
busy facility, but certainly we can try to address any cross-
training.
    I know our chiefs from special operations were in very 
close contact with the fire chiefs out in Newark at the time, 
and I know we are still in discussions with them to share how 
we train and the way that we train. I would be certain that we 
would be open to hosting others to show them our training 
methods and our facilities to try to benefit the fire service 
as a whole.
    Mr. Payne. So right now, only FDNY is utilizing your 
facility?
    Chief Flynn. We train a lot of our firefighters there. We 
have, you know, close to over 10,000 firefighters, so it is 
very busy that location. But I know we do train with other 
agencies from time to time, and I can bring that back to the 
commissioner and try to reach out and get some more training 
for others.
    Mr. Payne. Thank you. Mr. Chairman, I'll yield back.
    Chairman D'Esposito. OK, the gentleman's time has expired.
    I now recognize from New York, Mr. Goldman.
    Mr. Goldman. Thank you, Mr. Chairman. Thank you for 
convening this hearing. I thank you for the witnesses for being 
here. As a Member from New York City, this is obviously of 
great importance to me.
    Chief Flynn, I had the pleasure of meeting with you and 
Commissioner Kavanaugh a few weeks ago to discuss this issue, 
which, I think you even noted in your opening testimony, has 
risen in such dramatic fashion, where 150 people were injured 
last year, 18 were killed, 268 fires caused by lithium 
batteries, which is over 1,000 percent increase from just 2019.
    I wanted to discuss a little bit a concern that I have in 
terms of the pathway toward some of these problems which, you 
know, my district in last June faced. Four people died. I was a 
little surprised, and I don't want to put you on the spot, I'm 
a little surprised that none of the witnesses know where these 
lithium-ion batteries are manufactured, because if we don't 
know where they are manufactured, how are the new mandatory 
regulations that the Consumer Safety Protection Bureau would be 
required to issue if my colleague to the left of me, 
Congressman Torres' bill is passed?
    Chief Flynn. So if I may, sir, we do have an answer to 
that. The United States does get most of its lithium-ion 
batteries from China, South Korea, and Japan, but there's a 
huge unregulated market within the United States that poses the 
challenge to regulators, for sure.
    Mr. Goldman. Right. That is where I wanted to go next, 
because something struck me in the meeting that we had, Chief 
Flynn, which is that a lot of the danger of these lithium-ion 
batteries comes from those who purchase them, messing with them 
or rejiggering them, mostly to allow them to go faster, which 
provides a whole other set of problems that we deal with in New 
York City, but it also increases the danger. Is that right?
    Chief Flynn. Absolutely. By opening these up, it creates a 
tremendous danger. There's really no regulation for people to 
repair them, so they're engaged in extremely dangerous 
practices. We've had several fatalities related to the repair 
or reconditioning of these devices throughout the city. The 
incident that you mentioned on Madison Street a few months ago, 
we believe that they were working on batteries at that location 
as well, which killed 4 people, tragically, in Manhattan.
    It's important to note in that incident as well, there was 
no fire that extended to the apartments of the people that were 
killed there. The smoke from these devices is so toxic that if 
it reaches your apartment, you're immediately overcome by this 
toxic gas.
    Mr. Goldman. Right. It is important to note that that fire 
started at an e-bike store, so it wasn't just a charge 
situation.
    So this raises the next question, which is, there is no 
question I am a cosponsor of Congressman Torres' bill, and it 
is essential that we get that passed. I hope my colleagues on 
the other side of the aisle will push their Speaker to put it 
on the floor so that we can get it passed. But I am worried 
that this black market that we are talking about, the 
unregulated market, is not going to be affected by this.
    So, you know, I guess Chief Flynn or perhaps Chief Butler, 
because you guys are on the ground, what do we need to do or be 
thinking about to address this black unregulated market of 
turning up these batteries so they go faster, which causes more 
risk?
    Chief Flynn. Well, as I mentioned earlier, we do have an 
excellent inspection process within the city. So anytime we're 
alerted to any of these shops or makeshift commercial 
locations, which we've seen them pop up within housing 
communities----
    Mr. Goldman. Do you think you have enough authority and 
resources to be able to tackle this issue?
    Chief Flynn. We could always use more resources, of course. 
Our inspectors are stretched very thin when it comes to the 
inspecting locations that are engaged in these practices. But 
the reconditioning of batteries currently within New York City 
is currently not legal. So when we do observe these shops 
conducting in those practices, we do close them down or issue 
violations.
    Mr. Goldman. Well, I think you raise a very important 
point, which is that, yes, we can regulate, but enforcement has 
to be a priority. I know it is for the fire department, and I 
know that you are working with a task force of other city 
agencies, but there needs to be enforcement not only of the 
regulations and law as it relates to these batteries, but there 
needs to be enforcement of our traffic laws to prevent people 
from using these e-bikes going 25 miles per hour or more, often 
wrong way on one-way roads, which causes a tremendous public 
safety risk. So I thank you for being here.
    Thank you for your indulgence, Mr. Chairman. I yield back.
    Chairman D'Esposito. The gentleman's time has expired.
    I now recognize my good friend from Texas and the Chairman 
of the Subcommittee on Counterterrorism, Law Enforcement, and 
Intelligence, Mr. Pfluger.
    Mr. Pfluger. Thank you, Mr. Chairman. I appreciate you 
letting me waive on here and thank the witnesses for being 
here.
    I will pick up where my colleague from New York left off, 
and that is, where are these batteries being made? Who is 
making them?
    Mr. Chairman, I have got a document here that I would like 
to insert for the record that talks about, ``Beijing's Power 
Play: Safeguarding U.S. National Security in the Electric 
Vehicle and Battery Industries.''
    Chairman D'Esposito. Without objection.*
---------------------------------------------------------------------------
    * The information has been retained in committee files and is also 
available at: https://www.fdd.org/analysis/2023/10/23/beijings-power-
play/.
---------------------------------------------------------------------------
    Mr. Pfluger. This document talks about the Contemporary 
Amperex Technology Company, or otherwise known as ``cattle''--
CATL--and the potential, because of their outsized influence on 
making lithium-ion batteries, to have nefarious actions inside 
the United States, including dependencies on them and also 
including the potential use for battery storage, to be able to 
insert malware and connect to charging stations. So that is 
really where I would like to go right now, is talking about EVs 
and the fire hazard.
    Recently, in my district, there was a traffic accident that 
shut down a pretty major highway system for about 12 hours. So 
I will start with Chief Flynn. Talk to me about the risk of 
fires in EVs and how that impacts your organization and the 
impacts to other motorists and communities.
    Chief Flynn. Thank you, sir. We investigate approximately 
7,000 fires a year, 2,000 of those fires within the city are 
car fires. So we inspect every single car fire that occurs 
within New York City, and we have really not seen fires in EVs 
up until this point.
    We're aware of incidents across the world with EV fires, 
and we train to extinguish those fires, which is extremely 
difficult, of course. So we are aware of the issues in other 
areas. But specific to New York City, the fires we're really 
seeing that are killing our citizens in New York City are fires 
related to the batteries that are powering micromobility 
devices.
    Mr. Pfluger. Chief Butler.
    Chief Butler. When a fire engine is dispatched to an EV 
fire on a roadway or elsewhere, potentially we could require a 
whole lot of water, a lot of--a high volume of water to 
suppress any stranded energy in the batteries or the electric 
vehicle, and also a protracted amount of time on the scene. So 
the converse of that is a community that doesn't have a fire 
engine or its crew in that community in its primary role and 
responsibility. So there is a community ripple effect with 
regard to EV fires. We still don't know what we don't know, and 
requiring a lot of water, a lot of resources for a protracted 
amount of time.
    Mr. Pfluger. Why does it take so long to put out fire with 
a lithium-ion, it is hard to say, battery?
    Chief Butler. Dr. Kerber and others could probably get more 
in the weeds with regard to the science, but it's that it's a 
reaction that creates heat and fire and flames, and that 
reaction is almost perpetual at times, so that stranded energy 
feeds upon itself. I'm probably not saying it well, but he can 
say it better.
    Mr. Kerber. No, Chief Butler, you're starting out very 
well.
    So it's a lot of energy in a very small space. All of those 
cells, if one goes into thermal runaway, it then heats all the 
cells that are touching it and imagine hundreds, if not 
thousands of these cells together. When we put them in an EV, 
we highly protect them. So we typically put them in a container 
and bury it as low and into the middle of the car as possible 
and encase it so that we don't have other problems. That's what 
makes it so difficult to get to, to get water to in order to 
cool it off. Then as lithium-ion batteries go into thermal 
runaway, they also produce oxygen, which allows them to burn in 
this closed compartment and release these toxic gases. The fire 
department can't get to that, and we don't want them tearing it 
apart either, because of the high voltage concerns.
    Mr. Pfluger. Definitely some things we need to think about.
    I would like to give a shout out to my home district, to 
Goodfellow Air Force Base, for the progress that they are 
making on these. They are the only--DOD's only joint fire 
training center. They train hundreds of fire professionals each 
year and are doing a great job.
    The last question I will ask, and for any of you, is the 
nexus between terrorism, nefarious actors, and lithium-ion 
batteries. Anybody in the last 20 seconds, Dr. Moore-Merrell or 
Dr. Kerber.
    Ms. Moore-Merrell. Is the potential there? The answer is 
yes. If the understanding happens and the mechanism to be able 
to put these batteries into thermal runaway and then leave a 
device in a public place, then can it explode? Of course it 
can. So is the potential there if that becomes known? Yes.
    Mr. Pfluger. I thank the witnesses for your time. Chairman, 
thanks for letting me waive on. Yield back.
    Chairman D'Esposito. Mr. Pfluger, thank you for joining us.
    I now recognize my friend from New York, Mr. Torres. Thanks 
for joining us.
    Mr. Torres. I want to thank Chair D'Esposito and Ranking 
Member Carter for allowing me to waive on.
    Poorly-manufactured and poorly-handled lithium-ion 
batteries are ticking time bombs in American homes and 
businesses. A lithium-ion battery can cause not just a fire, 
but an instantaneous explosion. The sheer speed and scale of 
the destruction it brings is nothing short of staggering. For 
proof, look no further than the ruins of 2096 Grand Concourse, 
a neighborhood supermarket in the Bronx, one of the few reduced 
to rubble at the hands of a five-alarm fire caused by a 
lithium-ion battery.
    Lithium-ion battery fires are happening in America and 
happening with greater frequency and intensity. The growth of 
these fires in New York City has been exponential, from more 
than 30 in 2019 to more than 40 in 2020, to more than 100 in 
2021, to more than 200 in 2022. In the span of 4 years, there 
has been a 900 percent surge in lithium-ion batteries, creating 
an unprecedented crisis in fire safety.
    So, Chief Flynn, I know the city council has enacted 
legislation, but if we in Congress do nothing or do too little, 
is it fair to say that the crisis will simply keep getting 
worse?
    Chief Flynn. Thank you, sir. I remember meeting you out 
there at the Grand Concourse after that fire. It was a terrible 
tragedy. Luckily, nobody died from injuries at that fire. That 
was one device that took out an entire shopping center. It was 
a huge fire, a fifth alarm. Just to put it in perspective, 
that's the maximum that we have. That's the most resources we 
can bring to a scene.
    We have regulated it within New York City, and we've seen 
many violations of that law that we put in place locally. We 
cannot regulate devices that are coming into the city from the 
surrounding areas.
    Mr. Torres. So ultimately, there is no substitute for 
Federal legislation.
    Chief Flynn. Yes. So we really need that legislation 
enacted to stop those products from coming in, not only to our 
city, but to cities around the country.
    Mr. Torres. So here in the House, I am advancing 
legislation, H.R. 1797, that empowers the Consumer Product 
Safety Commission to establish safety standards for the 
manufacturing of lithium-ion batteries and the e-mobility 
devices that contain them. I want to thank the International 
Association of Fire Chiefs, which was the first to endorse the 
bill.
    Although no legislation is a magic bullet, do you believe, 
as I do, that safer manufacturing would prevent and reduce 
lithium-ion batteries in New York City and elsewhere in 
America? Chief Flynn, you want to----
    Chief Flynn. Absolutely. I think, as Dr. Kerber mentioned, 
we're really not seeing these fires in the EVs. The reason, I 
believe, is because they're manufactured better. We're seeing 
low-quality products that are causing these fires in New York 
City, products that are being worked on or fixed or made to go 
faster in New York City. These are not high-quality products 
that are causing these fires.
    If we were to enact that standard, I believe we'll see what 
we see in the EVs, where we're seeing very few fires in EVs, at 
least in New York City I could speak for. If we had that 
standard, I think we would see a tremendous change.
    Mr. Torres. You spoke about the lack of quality. I sit on 
the China Committee, and part of the problem is the lack of 
safety regulation in China. Just like the flow of drug 
precursors from China is perpetuating opioid deaths in America, 
the flow of poorly-manufactured lithium-ion batteries from 
China is perpetuating fire deaths in America. I feel strongly 
that Congress should act swiftly to lower the de minimis 
threshold for imports in order to prevent poorly-manufactured 
lithium-ion batteries from saturating the American market.
    Does anyone have an opinion on the de minimis threshold?
    Chief Flynn. I would say that it's as high as it is, it has 
certainly allowed a number of e-bikes and e-scooters to come 
into this country underneath that threshold and create fire 
safety problems that we're dealing with today.
    Mr. Torres. Administrator, about 2 years ago, I passed the 
United States Fire Administration Empowerment Act, which set up 
a Federal process for investigating the deadliest fires in 
America. Can you speak about just the status of the 
implementation of the law and the importance of the Federal 
role in fire safety, which historically has been seen as a 
local concern?
    Ms. Moore-Merrell. Absolutely, sir. First of all, thank you 
for your interest in fire safety and in that bill, sponsoring 
that bill, because we are in the midst of rulemaking at present 
defining what a major fire would be as was defined or laid out 
in the legislation. So we're hopeful to very soon be able to 
exercise that authority and look at major fires and these 
recurring, unfortunate fires that are happening with the 
lithium-ion.
    Mr. Torres. I yield back.
    Chairman D'Esposito. Well, thank you, Mr. Torres.
    We are going to now start a second round of questioning. 
Before that, without objection, I would like to enter into the 
record a letter that was received this morning addressed to 
myself and Ranking Member Carter from DoorDash, expressing 
thanks about the hearing and their commitment, but specifically 
about this hearing and calling attention to the fire hazards 
posed by the proliferation of substandard imported lithium-ion 
batteries powering micromobility devices.
    [The information follows:]

                          Letter From DoorDash
                          
                                 February 15, 2024.
                                 
The Honorable Anthony D'Esposito,
Chairman, Subcommittee on Emergency Management and Technology, 
        Committee on Homeland Security, U.S. House of Representatives, 
        H2-176 Ford House Office Building.
The Honorable Troy Carter,
Ranking Member, Subcommittee on Emergency Management and Technology, 
        Committee on Homeland Security, U.S. House of Representatives, 
        H2-117 Ford House Office Building.
    Dear Chairman D'Esposito and Ranking Member Carter: DoorDash would 
like to thank the Subcommittee on Emergency Management and Technology 
for holding the hearing, ``Examining Fire Hazards: Lithium-Ion 
Batteries and Other Threats to Fire Safety'', and calling attention to 
the fire hazards posed by the proliferation of substandard, imported 
lithium-ion batteries powering micromobility devices. We would also 
like to express our support for Representative Ritchie Torres's H.R. 
1797, the ``Setting Consumer Standards for Lithium-Ion Batteries Act'', 
of which Chairman D'Esposito and committee Members Rep. Clarke, Rep. 
Garbarino, and Rep. Goldman are original cosponsors. It is critical 
that the United States establish battery safety standards for all 
micromobility devices so that every American can use these products 
without putting themselves, their families, or their neighbors at risk.
    DoorDash is a technology company that connects consumers with their 
favorite local businesses in more than 25 countries across the globe. 
Founded in 2013, DoorDash builds products and services to help 
businesses innovate, grow, and reach more customers. DoorDash is 
building infrastructure for local commerce, enabling merchants to 
thrive in the convenience economy, giving consumers access to more of 
their communities, and providing work that empowers. With DoorDash, 
there is a neighborhood of good in every order.
    Electric micromobility is a crucial component of transportation in 
the United States, particularly for more urban areas. However, it is 
essential that electric micromobility products in the U.S. marketplace 
are safe to use and do not create fire hazards due to their reliance on 
lithium-ion batteries. This issue is particularly important for food 
delivery workers, many of whom own these devices and use them to earn 
extra income. Recent fires in New York City and other major cities have 
highlighted the dangers posed by these products, and a multipronged 
solution is required to not only remove substandard lithium-ion 
batteries already on our streets, but also prevent the sale and import 
of new lithium-ion batteries that lack adequate safety standards.
    DoorDash is working with stakeholders to address e-bike battery 
fire hazards in a number of ways. We are financially supporting the 
Equitable Commute Project to fund the development of the first trade-in 
program dedicated to delivery workers in NYC. This program runs events 
on a regular basis to help delivery workers transition from their 
existing device to a new UL-certified e-bike, and making sure 
uncertified batteries are properly recycled and disposed of. We've also 
helped educate Dashers and others in the communities we serve about 
safe e-bike practices, including contributing $100,000 to the FDNY 
Foundation's e-bike and battery safety education campaign.
    In addition, DoorDash has partnered with electric bicycle suppliers 
to expand access to affordable, safe e-bikes so that Americans who use 
the DoorDash platform to make deliveries and earn extra income have 
more transit options. These partnerships allow Dashers to purchase 
safe, discounted electric bicycles from reputable manufacturers and 
expand access to electric bicycle rentals. While these efforts are a 
productive first step, their effectiveness will be limited as long as 
the marketplace continues to be flooded with shoddy, foreign-made e-
bikes powered by uncertified lithium-ion batteries.
    Local and State solutions, however well-conceived, are also falling 
short. Recently, New York City passed a local safety standard requiring 
all lithium-ion powered micromobility devices sold in the city to be UL 
certified, with violators subject to a civil penalty of up to $1,000. 
Despite its dedicated efforts, the city has struggled with enforcement 
due to the widespread availability of substandard batteries through 
popular on-line marketplaces. Unsurprisingly, it is difficult to 
effectively reduce the flow of uncertified batteries at the municipal 
level when these products can still be readily purchased in neighboring 
communities or through the internet. Localized approaches are not 
effective for this type of problem, we need a national policy that can 
be enforced at our borders.
    H.R. 1797 would do just that by requiring the Consumer Product 
Safety Commission (CPSC) to promulgate a final consumer product safety 
standard for rechargeable lithium-ion batteries used in micromobility 
devices within 180 days of enactment. Shutting down the flow of unsafe 
batteries will help make families across the country safer, and protect 
hardworking communities from the hazards that come from shoddy, 
foreign-manufactured lithium-ion batteries. The ``Setting Consumer 
Standards for Lithium-Ion Batteries Act'' is necessary to address these 
loopholes by ensuring that a national safety standard exists.
    DoorDash will continue to work with all stakeholders and to remove 
hazardous lithium-ion batteries from our communities, but a safety 
floor must be put in place to ensure that unsafe batteries do not enter 
the marketplace to begin with.
    We thank Chairman D'Esposito for his leadership on this issue and 
the committee for holding this important hearing.
       Sincerely,
                                              Carrianna Suiter,
                    Head of Federal Government Relations, DoorDash.
                               Kuruvilla Kassandra Perez-Desir,
        Head of Government Relations NY/NJ & Puerto Rico, DoorDash.

    Chairman D'Esposito. Dr. Moore-Merrell, as lithium-ion 
battery fires have clearly increased, they have become more 
dangerous and, of course, more deadly. Are firefighting 
organizations asking for more assistance, through our 
Assistance to Firefighters grant and Staffing for Adequate Fire 
and Emergency Response programs to prepare for these type of 
fires?
    Ms. Moore-Merrell. Yes, fire departments across the Nation 
are eager for training. So, as I said to you, we're still in a 
very much research and understanding stage. Every incident 
provides additional information. Our colleagues in research, 
even sitting here at the table, Dr. Kerber and his team, have 
been researching. They provide training on-line. We have 
enhanced courses at the NFA, as has been noted, in training and 
tactics and understanding scene safety.
    But each time that the manufacturers, particularly with the 
new micromobility products and even the EVs, they evolve, they 
change. So the training has to keep up. So every time we learn 
something, it's like we have to change the training. So all of 
these things are causing departments across the Nation to need 
constant training in this regard. So, yes, they are asking for 
that, and it is primarily understanding and training.
    We're still trying to understand the impact on our gear. 
We've talked about PFAS. But right now, we're beginning to 
understand that firefighters who are fighting these lithium-ion 
fires, and you heard about the toxins from the smoke, well, 
we're seeing also that once we wash their gear, some of the 
toxins from these fires are not coming out of the gear. So 
we're still looking for research to be able to understand that 
impact. So we anticipate that that's going to be another issue 
around the gear and the safety of firefighters themselves.
    Chairman D'Esposito. So one of the goals of this committee 
since the beginning of the 118th Congress is to make sure that 
resources, especially when it came to grant funding, was made 
not only available, but that the application process was made 
known to even the smaller departments. You know, coming from 
the NYPD, the FDNY, we are the big departments that are always 
recognized with grant funding. But it has been our goal, and 
that is a bipartisan concern that we have, to make sure that 
departments, even in the smallest crevices of this country, 
know that they have the ability and the resources available. So 
I know that I speak for both sides of the aisle that anything 
that we can do to relay those messages, to help get that 
awareness out, is important to us.
    Mr. Kerber, your testimony stated that lithium-ion 
batteries present a dynamic challenge to the fire and emergency 
services. As use of these devices accelerates through 
communities, emergency responses will expose first responders 
to explosive thermal events and toxic emissions beyond 
traditional protocols.
    Following the attacks on September 11, 2001, many first 
responders who were present that day were exposed to ash, 
debris, and various harmful particles that have resulted in 
countless not only sickness, but unfortunate deaths. It is of 
the utmost importance that we ensure the safety of first 
responders so that they can continue to do their jobs and keep 
our communities safe.
    What type of research is FSRI conducting on the negative 
health effects of lithium-ion battery fires, and what can 
Congress do to help?
    Mr. Kerber. Thank you very much for that question.
    As we speak right now, the FSRI team is conducting a series 
of EV fires at our laboratory in Northbrook, Illinois. They 
spent the last 3 weeks burning different manufacturers' EVs, 
understanding the size of the fire, but, more importantly, 
working with NIOSH and other industrial hygiene experts to 
understand what are the chemicals that are coming off of these 
vehicles, at what concentrations, and what possible health 
effects could there be with this new challenge?
    So that data has been gathered over the last several weeks. 
It will now be in laboratories being analyzed so we can 
understand what is in that smoke. Then from there, we'll work 
with some toxicology partners to figure out, what could the 
possible health effects of this be? Then from there, we start 
developing methodologies and practices with the fire service so 
they understand how to protect themselves, what equipment they 
need, and all of the downstream impacts that we need to 
prevent.
    Chairman D'Esposito. Thank you. My time has just about 
expired.
    I now recognize the Ranking Member, Mr. Carter.
    Mr. Carter. Thank you, Mr. Chairman.
    Dr. Moore-Merrell, I am going to come back to you because 
it looks like you have got somebody shared with some 
information on where we think the larger amount of these 
batteries are manufactured, as I asked earlier. Since we now 
have an idea that we don't know where they all come from, but 
we have a pretty good idea that a lot of them come from China. 
The concern with when we import components like this, share 
with me the mechanism or process that they are tested before 
they are put into equipment: toys, cell phones, bicycles, 
motorcycles, cell phones, hoverboards. Are they inspected and, 
if so, to what extent?
    Ms. Moore-Merrell. So one of the things that you heard Dr. 
Kerber and Chief Flynn talk about was the voluntary standards 
that they are tested to today. So UL has a standard. There are 
standards that the testing, and they are labeled. The 
unfortunate part is that often those labels are being 
fraudulently applied, and so we have some fake. I know FDNY has 
certainly encountered some of that. So there are voluntary 
standards. What we need is a mandatory standard.
    Mr. Carter. So certainly we know that a nefarious actor is 
not going to voluntarily tell that they are doing something 
nefarious. We all know that.
    Ms. Moore-Merrell. Correct, sir.
    Mr. Carter. So what can we do? What are we doing to stop 
that or to have a more robust checkpoint?
    Ms. Moore-Merrell. At this point, what I'd like to do is 
turn to Dr. Kerber to talk about the UL standard and that 
testing----
    Mr. Carter. Certainly.
    Ms. Moore-Merrell [continuing]. And what UL is doing to 
engage.
    Mr. Carter. Thank you.
    Mr. Kerber. Thank you, Dr. Moore-Merrell.
    So for over 130 years, UL has been creating safety 
standards and certifying to those safety standards. I think one 
of the big pieces that people don't realize about that process 
is through our colleagues at UL solutions, if you have a 
product that bears the UL mark, that product is inspected in 
where it's being created to make sure that it's being made to 
pass the safety standard, and there's a follow-up service to 
make sure that it continues to meet the standard as it is sold 
all over the world. So in order to bear that UL mark, not only 
did it pass the safety standard that was created via the 
voluntary consensus process, but it continues to be made to 
that standard. I think that is not what's happening here.
    There are good organizations, good companies that are 
following this process for e-bikes and e-scooters today. 
There's many certified products that have met that safety 
standard as exists because it's voluntary. There's many that 
also have not.
    Mr. Carter. We only need one.
    Mr. Kerber. Correct.
    Mr. Carter. We only need one bad one to cause someone to 
lose their life. Only one bad one to wreak havoc on our 
Nation's security. Only one bad one to wreck the whole system. 
So share with me this notion of voluntary. What does that even 
mean, and what is that process?
    With no disrespect, it seems that we are trusting people 
that may not be trustworthy to tell us a product is good and 
trust but verify is probably a good notion to employ.
    Mr. Kerber. Trust but verify is absolutely appropriate. I 
mean, so it takes the entire system to make it work. So you 
have to have the retailers that only want to sell certified 
products. You have to have consumers that only want to buy 
certified products by a Nationally-recognized testing lab, so 
they know that what they're buying at the store has, in fact, 
gone through this rigorous process and is safe to have in their 
home. So it takes many actors in order to make that system 
work.
    Mr. Carter. So is there a distinction between those that 
were voluntarily checked and those that have gone through a 
more exhaustive check?
    Mr. Kerber. So anyone that bears the UL mark has gone 
through an exhaustive certification process. The voluntary 
component is also the consensus process by which the standards 
are made, where all stakeholders are brought in. Everyone is 
able to bring their science, bring their knowledge to the 
system to make sure that those standards are covering all 
possible and foreseeable safety hazards that might exist. So if 
you've gone through that process, then you're producing a safe 
product.
    Mr. Carter. So by what percentage would you say are 
products that are being used today in America that have not 
been UL tested but are on the products, on the shelves, in the 
homes of American people right now at risk, would you guess, 
percentage?
    Mr. Kerber. I'd have to look into that. I know that----
    Mr. Carter. Does somebody just--I mean, are we talking 10 
percent, 20 percent, 30 percent, 1 percent?
    Mr. Kerber. Americans have hundreds of products in their 
home that bear UL marks.
    Mr. Carter. OK. But I need to know, because now you have 
distinguished for me that we have some that are really tested 
and some that are voluntarily tested. I think the American 
people--someone here, if you can't get it today, I would really 
like someone to report back to us some notion and some idea of 
what percentage of components that we have deemed to be 
dangerous may be on the shelves and in the homes of American 
people that have not been tested. Can anybody just real 
quickly, my time is up, but if you can't get it, will you all 
commit to getting it for us?
    Ms. Moore-Merrell. We will do so, sir.
    Mr. Carter. Now, I would like that not two people ask 
again, and somehow you mysteriously find it, like you did when 
I asked about China. So thank you.
    Ms. Moore-Merrell. Thank you.
    Mr. Carter. My time is far expended. Thank you, Mr. 
Chairman.
    Chairman D'Esposito. Thank you, Mr. Carter.
    I now recognize Mr. Goldman for 5 minutes.
    Mr. Goldman. Thank you, Mr. Chairman.
    I wanted to pick up a little bit on where I left off, Dr. 
Kerber, and ask you for your perspective on the kind-of 
secondary downstream concerns that these e-bikes especially 
create. We are hopeful, of course, of passing Congressman 
Torres' law, which would make the voluntary testing mandatory, 
which is a critical, vital first step. I think we are all in 
agreement about that.
    But, again, I want to go back to this question of what to 
do if those are properly tested, but then are purchased and 
then either played with or changed or altered after that. What 
are your thoughts as to how we can regulate that, how we can 
enforce that against that?
    Mr. Kerber. Modifying lithium-ion battery products is 
incredibly dangerous. We need to be able to make sure that 
those are sealed systems and are not able to be tampered with. 
But humans are involved, right? So we know and have seen that 
they have been tampered with.
    There was actually a fire death in Virginia, where someone 
had tampered with a device that they had purchased on the 
internet and lost their life in that fire.
    Enforcement is incredibly difficult. The fire service is 
incredibly understaffed when it comes to things like 
enforcement. It's usually one of the first things to get cut 
within a community. So we need to bolster those resources 
because it's not just a lithium-ion battery problem, it's a 
fire safety problem, period. Enforcement is one of our biggest 
challenges.
    Mr. Goldman. Do you think that the mandatory regulations 
that would arise out of the passage of this bill could be done 
in a way to make it to require certification of lithium-ion 
batteries that are more difficult to tamper with than right 
now?
    Mr. Kerber. Absolutely. I mean, you can write any 
requirements into the standard, and it goes through the 
consensus process. Everyone agrees with it. Absolutely there's 
ways to reduce the chance of that happening.
    Mr. Goldman. All right. That's helpful to understand that 
on the front end that there is a way of reducing the 
possibility of tampering.
    Chief Flynn, you had mentioned in our meeting that the fire 
department of New York is part of a task force to address this 
issue. Can you explain a little bit more what that task force 
is and how you are working with other agencies to address this 
issue?
    Chief Flynn. Absolutely. We are working with many city 
agencies. We go out and inspect together because a lot of these 
locations are engaged in other dangerous practices that we need 
to address.
    So we employ the help of our Department of Consumer and 
Worker Protection to address certain issues, such as our Local 
Law 39, which requires devices sold, rented, leased within the 
city to meet that UL certification. So we have that in place 
already within the city. It went into effect in September 2022. 
So we've been out vigorously enforcing that law.
    So we work with all agencies within the city. We go out, as 
you mentioned, NYPD is entrusted with securing the roadways 
related to these devices. We employ their help as well, so we 
do joint inspections with them.
    Mr. Goldman. You inspect, when you say joint inspections, 
you're inspecting the stores that are selling these batteries?
    Chief Flynn. Yes. We are not capable of doing street-level 
enforcement, and that law applies to the sale of the devices, 
not the possession of the devices. So street enforcement, 
mainly geared toward violations of the vehicle and traffic law, 
would be conducted by the NYPD.
    Mr. Goldman. Right.
    Chief Flynn. We do go out with them to these locations, 
though, to inspect the devices that are being sold. When they 
are found to not meet the requirements of the VTO, the NYPD 
then would take action there.
    Mr. Goldman. Through this task force and your work with the 
other city agencies, have you come up with any other ideas for 
how to enforce not only the certification process in Local Law 
37 that you referred to, but also, you know, on the back end, 
to make sure that they are compliant with the certification 
process?
    Chief Flynn. We issue many summonses, violations. We seize 
devices at the time of the inspection. We reinspect. After 
those summonses are adjudicated at court, we go back and make 
sure that that does not continue. Any time that a new store 
pops up, we make sure we get out there as soon as we become 
aware of it, to inspect that location. Again, we cannot inspect 
people's personal residences, so we see most of our fires in 
those.
    Mr. Goldman. Well, my time is up. I would just like to say, 
in addition to or in reference to the letter from DoorDash that 
you entered into the record, I do think there is a place for 
the delivery companies to have a role in making sure that 
deliveristas who are working for them and using these e-bikes 
are compliant with the regulations and certifications, and that 
we ought to, in this committee and perhaps otherwise, 
investigate how we can engage with some of these delivery 
companies to help ensure that these e-bikes are safe.
    I yield back.
    Chairman D'Esposito. Sounds like a good idea for another 
subcommittee hearing.
    Without objection, I would like to enter one more article 
into the record. It is from the New York Daily News, dated 
December 10, 2023, titled, ``Family mourns Bronx man killed in 
latest fire blamed on lithium-ion battery.''
    [The information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Chairman D'Esposito. I want to thank the witnesses: Chief 
Butler, Mr. Kerber, Chief Flynn, Dr. Moore-Merrill. I want to 
thank you for your time, for making the trip here, for your 
valuable testimony, and, of course, I want to thank my 
colleagues for their questions.
    The Members of this subcommittee may have some additional 
questions for the witnesses, and we would ask that the 
witnesses respond to these in writing. Pursuant to committee 
rule VII(D), the hearing record will be held open for 10 days.
    Without objection, the subcommittee stands adjourned.
    [Whereupon, at 11:44 a.m., the subcommittee was adjourned.]













                           A P P E N D I X  I

                              ----------                              

               Statement of the American Burn Association
               
    The American Burn Association (ABA) thanks the House Homeland 
Security Committee Subcommittee on Emergency Management and Technology 
for holding a hearing to address the risks posed by lithium-ion 
batteries and other fire hazards. The ABA is grateful for the 
opportunity to submit this statement for the record on this important 
subject.
    The ABA proudly supports H.R. 1797/S. 1008, the Setting Consumer 
Standards for Lithium-Ion Batteries Act. We thank Representative 
Ritchie Torres (D-NY-15) and Senator Kristen Gillibrand (D-NY) for 
sponsoring this important legislation to require the Consumer Product 
Safety Commission to create a consumer product safety standard for 
rechargeable lithium-ion batteries. We also thank all of the Members of 
Congress who have cosponsored this legislation. The ABA believes this 
bill is necessary to protect individuals from poor-quality lithium-ion 
batteries. These batteries, found in many everyday products, pose a 
serious fire safety issue in homes and businesses. These fires begin 
quickly and grow rapidly, increasing the risk of serious burn injury 
for both civilians and emergency responders. The creation of a Federal 
quality standard ensures access to these products while mitigating fire 
risks.
    The ABA also proudly supports H.R. 4090/S. 870, the Fire Grants and 
Safety Act. This bill reauthorizes funding for the U.S. Fire 
Administration, the Assistance to Firefighters Grants Program, the Fire 
Prevention and Safety Grants Program, and the Staffing for Adequate 
Fire and Emergency Response Grant Program. The ABA believes it is vital 
for Congress to ensure the U.S. Fire Administration and these grant 
programs are fully funded in order to prevent fires and ensure our 
first responders have the tools they need to keep our communities safe. 
We thank Representative Thomas Kean (R-NJ-7) and Senator Gary Peters 
(D-MI) for sponsoring this important legislation and all the Members 
who have co-sponsored this legislation.
    We call on Congress to pass both the Setting Consumer Standards for 
Lithium-Ion Batteries Act and the Fire Grants and Safety Act and for 
President Biden to sign these bills without delay. The ABA is happy to 
work with Members on both sides of the aisle and the President to get 
these bills signed into law.
    The ABA and its members dedicate their efforts and resources to 
promoting and supporting burn-related research, education, care, 
rehabilitation, and prevention. The ABA has more than 2,500 members in 
the United States, Canada, Europe, Asia, and Latin America. Members 
include physicians, nurses, occupational and physical therapists, 
researchers, social workers, firefighters, and hospitals with burn 
centers. The ABA's multi-disciplinary membership enhances their ability 
to work toward common goals with other organizations on educational 
programs. Thank you again for the opportunity to submit these comments 
for the record. Please do not hesitate to contact the ABA if there is 
anything we can do to help support research funding, policies, or 
regulations that prevent burn injuries and positively impact patients 
and survivors.














                          A P P E N D I X  I I

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    Question From Ranking Member Troy A. Carter for Daniel E. Flynn
    
    Question. Since 2003, cities and States have received dedicated 
funding aimed at countering terrorism from the Department of Homeland 
Security (DHS). Such funding included the Urban Area Security 
Initiative (UASI) and the State Homeland Security Grant Program. 
Currently, the proposed appropriated amounts differ in both the House 
and the Senate, with the Senate amounts being lower by $78 million in 
total/combined. How do these grants enhance security and fire 
preparedness within communities? Are there changes to the grants that 
Congress should consider in light of current needs and challenges?
    Answer. Thank you for your attention to the Urban Area Security 
Initiative (UASI) Grant Program. Funds from UASI have been extremely 
important to the New York City Fire Depaitment (FDNY) and enable us to 
be a regional and national asset.
    The FDNY has utilized DHS funds to build capabilities to prepare 
for and respond to complex emergencies--from acts of terrorism to 
active-shooter incidents to severe weather to COVID-19. It was DHS 
funds that helped the Department recover and rebuild after 9/11. They 
have also been critical to support the planning, equipment, drills, 
technology, and training needs of the FDNY to prepare for emergencies. 
Additionally, the FDNY has utilized DHS funds to pilot, test, and 
deploy emerging technologies like drones and other robotics platforms, 
such as the ``Spot Robot.''
    The FDNY has invested DHS funds in several core areas, including 
incident management, our Center for Terrorism and Disaster Preparedness 
(CTDP), regionally deployable preparedness systems, and the 
Counterterrorism Rescue Task Force. We have used them to build state-
of-the-art training facilities and simulators, enhance port security, 
and cybersecurity, and to improve interoperable communications. DHS 
funds help pay for the FDNY Incident Management Team (IMT) which is a 
local, regional, and National resource that has responded to incidents 
around the country. Examples of recent deployments include a wildfire 
in your home State of Louisiana, a hurricane in Florida, and a wildfire 
in Montana.
    In recent years, the Federal Emergency Management Agency has 
instituted funding requirements (for example: requiring 3 percent 
toward cybersecurity). In general, we want to have the flexibility to 
allocate DHS funds to build and sustain capabilities that address our 
preparedness gaps and needs. Additionally, the Port Security Grant 
Program (PSGP) has been funded at $100 million in recent years. This 
had been a $400 million grant program, and as an example of an impact 
of those cuts, FDNY has reduced our marine maintenance schedule.
    We appreciate your attention to the matter, and we hope that 
Congress continues to fund this essential grant program.

     Question From Ranking Member Troy A. Carter for John S. Butler
     
    Question. Since 2003, cities and States have received dedicated 
funding aimed at countering terrorism from the Department of Homeland 
Security (DHS). Such funding included the Urban Area Security 
Initiative (UASI) and the State Homeland Security Grant Program 
(SHSGP). Currently, the proposed appropriated amounts differ in both 
the House and the Senate, with the Senate amounts being lower by $78 
million in total/combined. How do these grants enhance security and 
fire preparedness within communities? Are there changes to the grants 
that Congress should consider in light of current needs and challenges?
    Answer. It is important to note that the UASI and SHSGP programs 
were created after the terrorist attacks of 9/11 to improve the 
Nation's capability to respond to acts of terrorism. Since the grants' 
creation, UASI and SHSGP have helped States and communities purchase 
equipment and training to prevent, prepare, and respond to acts of 
terrorism. These capabilities include the creation and maintenance of a 
system of intelligence fusion centers; State urban search-and-rescue 
teams; and improved mass casualty response and hazardous materials 
response at the local level. Most importantly, Federal funds have 
served as an incentive to bring Federal, State, Tribal/territorial, 
local, and non-governmental agencies together to plan for acts of 
terrorism. These Federal funds have broken down stovepipes and improved 
the coordination and response to acts of terrorism, mass casualty 
incidents, and even all-hazards incidents like the COVID-19 pandemic.
    The IAFC thanks the House for its robust funding for programs like 
UASI, SHSGP, and even the Assistance to Firefighters Grant (AFG) 
program and the Staffing for Adequate Fire and Emergency Response 
(SAFER) grant programs. The Senate proposes cuts to these programs, 
which would result in a degradation of these capabilities over time. 
For example, State urban search-and-rescue teams are seeing reduced 
funding as Federal funding for SHSGP is cut and more of the funding is 
allocated by the U.S. Department of Homeland Security for specific 
purposes.

      Question From Honorable Donald Payne, Jr. for John S. Butler
      
    Question. H.R. 3254, the First Responder Access to Innovative 
Technologies Act, would expedite the process for getting this next-
generation equipment into the hands of first responders and 
firefighters, ensuring they have the equipment they need to do their 
jobs safely and effectively. How would H.R. 3254 improve the baseline 
response during emergencies?
    Answer. A number of innovative technologies have been developed to 
help first responders, including UAS and technology to track 
firefighters and monitor their health. As this new technology is 
developed, it may not be included on the Authorized Equipment List nor 
be covered under existing voluntary consensus standards. H.R. 3254 sets 
up a uniform process for reviewing requests to purchase equipment or 
systems that do not meet or exceed voluntary consensus standards. The 
process would have to consider factors such as the use of the equipment 
by Federal agencies; the absence of voluntary consensus standards; the 
existence of international standards for such equipment; the capability 
gap addressed by the requested equipment; how this requested equipment 
better serves the needs of the applicant than other consensus-standard 
compliant technology; and other factors.
    The IAFC endorsed H.R. 3254 because it sets up a more stringent 
process for reviewing applications to buy equipment using UASI and 
SHSGP funds, while still allowing access to innovative technologies to 
prepare for acts of terrorism.
    Thank you again for your focus on addressing the Nation's fire 
problem. I look forward to continuing to work with you to protect 
America's citizens.

                                 [all]