Battery Fire Prevention Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5686 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5686

 To amend the Internal Revenue Code of 1986 to allow a credit against 
tax for expenses relating to the purchase of battery detectors, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2025

 Mr. Norcross introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
Energy and Commerce, and Oversight and Government Reform, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to allow a credit against 
tax for expenses relating to the purchase of battery detectors, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battery Fire Prevention Act''.

SEC. 2. TAX CREDIT FOR BATTERY DETECTORS.

    (a) Establishment of Credit.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        adding at the end the following new section:

``SEC. 45BB. CREDIT FOR BATTERY DETECTORS.

    ``(a) In General.--For purposes of section 38, the battery detector 
credit determined under this section for any taxable year is the amount 
equal to 30 percent of the qualified battery detector expenses paid or 
incurred by the taxpayer during the taxable year.
    ``(b) Qualified Battery Detector Expenses.--The term `qualified 
battery detector expenses' means, with respect to any taxpayer, amounts 
paid or incurred for the purchase of any device--
            ``(1) which uses X-ray technology, artificial intelligence, 
        radio-frequency identification, or other proven technology to 
        detect batteries,
            ``(2) the original use of which begins with such taxpayer, 
        and
            ``(3) which is used by such taxpayer in the trade or 
        business of recycling.
    ``(c) Denial of Double Benefit.--In the case of any qualified 
battery detector expenses with respect to which credit is allowed under 
subsection (a)--
            ``(1) no other credit or deduction shall be allowed for, or 
        by reason of, any such expense to the extent of the amount of 
        such credit, and
            ``(2) the basis of any property shall be reduced by the 
        amount of such credit to the extent that such expenses were 
        taken into account in determining such basis.''.
            (2) Clerical amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1 of such Code is 
        amended by adding at the end the following new item:

``45BB. Credit for battery detectors.''.
    (b) Credit Made Part of General Business Credit.--Section 38(b) of 
such Code is amended by striking ``plus'' at the end of paragraph (40), 
by striking the period at the end of paragraph (41) and inserting ``, 
plus'', and by adding at the end the following new paragraph:
            ``(42) the battery detector credit determined under section 
        45BB.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2025.

SEC. 3. IMPOSITION OF TAX ON SALES OF BATTERIES.

    (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is 
amended by inserting after subchapter D the following new subchapter:

                      ``Subchapter E--Other Items

``Sec. 4191. Battery tax.

``SEC. 4191. BATTERY TAX.

    ``There is hereby imposed on the sale of any battery by the 
manufacturer, producer, or importer a tax equal to 5 percent of the 
price for which so sold.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 32 of 
such Code is amended by inserting after the item relating to subchapter 
D the following new item:

                     ``subchapter e--other items''.

    (c) Effective Date.--The amendments made by this section shall 
apply to sales made after December 31, 2025.

SEC. 4. LITHIUM BATTERY BUY-BACK TRUST FUND.

    (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:

``SEC. 9512. LITHIUM BATTERY BUY-BACK TRUST FUND.

    ``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the `Lithium 
Battery Buy-Back Trust Fund', consisting of such amounts as may be 
appropriated to such Trust Fund as provided in this section.
    ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--There are hereby appropriated to the Lithium Battery Buy-Back 
Trust Fund amounts equivalent to the taxes received in the Treasury 
under section 4191.
    ``(c) Expenditures From Trust Fund.--Amounts in the Lithium Battery 
Buy-Back Trust Fund shall be available, without further appropriation, 
to the Secretary of Energy to carry out the National Battery Recycling 
Program described in section 5 of the Battery Fire Prevention Act.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at the end the following 
new item:

``9512. Lithium Battery Buy-Back Trust Fund.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxes received after December 31, 2025.

SEC. 5. NATIONAL BATTERY RECYCLING PROGRAM.

    (a) Establishment.--Not later than 5 years after the date of 
enactment of this Act, the Secretary of Energy and the Administrator of 
the Environmental Protection Agency shall jointly issue a rule to 
establish a program to recover and recycle used lithium batteries, to 
be known as the National Battery Recycling Program, under which--
            (1) the Secretary shall identify and approve facilities 
        that recycle lithium batteries and make publicly available a 
        list of such approved facilities, which shall include each 
        facility that is a recipient of a grant to recycle lithium 
        batteries under section 40207 of the Infrastructure Investment 
        and Jobs Act (42 U.S.C. 18741); and
            (2) the Secretary and Administrator shall award grants, on 
        a competitive basis, to such approved facilities to establish 
        and implement a system for the acceptance and collection of 
        used lithium batteries, under which system such a facility may 
        offer a financial incentive to any individual who turns in a 
        used lithium battery to the facility.
    (b) Funding.--In carrying out the National Battery Recycling 
Program, the Secretary of Energy may only use amounts from the Lithium 
Battery Buy-Back Trust Fund established under section 9512 of the 
Internal Revenue Code of 1986, as added by section 4.
    (c) Purchase of Lithium Batteries From Approved Facilities.--Each 
head of a Federal agency who purchases a lithium battery shall, to the 
maximum extent possible, prioritize purchasing such lithium battery 
from a facility approved pursuant to subsection (a)(1).
    (d) Lithium Battery Defined.--In this section, the term ``lithium 
battery'' means a lithium metal battery or a lithium-ion battery.
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