[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3896 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3896

 To protect children against hazards associated with swallowing button 
 cell batteries by requiring the Consumer Product Safety Commission to 
 promulgate a consumer product safety standard to require child-proof 
closures on remote controls and other consumer electronic products that 
              use such batteries, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

  Mr. Goodwin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To protect children against hazards associated with swallowing button 
 cell batteries by requiring the Consumer Product Safety Commission to 
 promulgate a consumer product safety standard to require child-proof 
closures on remote controls and other consumer electronic products that 
              use such batteries, 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 ``Access to Button Cell Batteries Act 
of 2010''.

SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL BATTERY 
              ACCESS.

    (a) Definitions.--In this section:
            (1) Battery-operated or assisted consumer electronic 
        product.--The term ``battery-operated or assisted consumer 
        electronic product'' means a remote control, clock, musical 
        greeting card, automobile key, flashlight, or other consumer 
        product powered in whole or in part by a button cell battery 
        that is designed, manufactured, and sold primarily for use by 
        consumers in or around their homes or motor vehicles.
            (2) Button cell battery.--The term ``button cell battery'' 
        means--
                    (A) a lithium cell battery that is 32 millimeters 
                or less in diameter; or
                    (B) any other battery of that size, regardless of 
                the technology used to produce an electrical charge, as 
                determined by the Consumer Product Commission.
            (3) Consumer product.--The term ``consumer product'' has 
        the meaning given the term in section 3 of the Consumer Product 
        Safety Act (15 U.S.C. 2052).
    (b) Standard Required.--Not later than 1 year after the date of the 
enactment of this Act, the Consumer Product Safety Commission shall 
promulgate, as a final consumer product safety standard under section 
7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)), a standard 
that requires button cell battery compartments of battery-operated or 
assisted consumer electronic products be secured, to the greatest 
extent practicable, in a manner that reduces access to button cell 
batteries by children that are 3 years of age or younger.
    (c) Expedited Rulemaking.--
            (1) In general.--The standard required by subsection (b) 
        shall be promulgated in accordance with section 553 of title 5, 
        United States Code.
            (2) Inapplicability of certain promulgation requirements.--
        The requirements of subsections (a) through (f) and (g)(1) of 
        section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) 
        shall not apply to the promulgation of the standard required by 
        subsection (b) of this section.
    (d) Effective Date.--The final consumer product safety standard 
required by subsection (b) shall apply to battery-operated or assisted 
consumer electronic products manufactured on or after the date that is 
1 year after the date on which the Commission promulgates such 
standard.
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