[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7803-S7804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GOODWIN:
  S. 3896. 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; to 
the Committee on Commerce, Science, and Transportation.
  Mr. GOODWIN. Mr. President, today I am pleased to introduce the 
Access to Button Cell Batteries Act. This legislation will ensure that 
the small batteries we find in everything from car keys to musical 
greeting cards are properly secured, and kept out of the hands of our 
children.
  There is no question that technological progress makes our everyday 
activities a little easier. Such advancement has allowed for small 
batteries to be powerful enough to run many of today's devices, 
creating less bulky products.
  Unfortunately, with advanced technology comes a new potential hazard. 
Many may not know the possible consequences when a child gets their 
hands on these tiny batteries.
  Although many of these incidents are relatively harmless, should a 
child find one of these small button batteries, the consequences can be 
much, much worse--even deadly. We have discovered that battery 
ingestion has caused 13 deaths and numerous injuries, and from 1985 to 
2009, there was an almost 7-fold increase in the percentage of 
ingestions with severe outcomes. This is unacceptable, and it is time 
for action.
  Lithium cell batteries, some the size of a penny, are a growing 
concern. Beyond the choking risk to children, the real issue is what 
happens when they

[[Page S7804]]

are swallowed. The batteries can cause internal burns, and lasting 
damage can occur in just a couple of hours. These injuries can cause 
death or lifelong injuries including damaged vocal cords or torn 
intestinal tracts that require surgeries or feeding tubes.
  The Access to Button Cell Batteries Act would require the Consumer 
Product Safety Commission to initiate a rule requiring that 
compartments on small battery products be properly secured.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3896

       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.
                                 ______