[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7112-H7115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              REESE'S LAW

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5313) to protect children and other consumers against 
hazards associated with the accidental ingestion of button cell or coin 
batteries by requiring the Consumer Product Safety Commission to 
promulgate a consumer product safety standard to require child-
resistant closures on consumer products that use such batteries, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5313

       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 ``Reese's Law''.

[[Page H7113]]

  


     SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR 
                   COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING 
                   SUCH BATTERIES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Commission shall, in 
     accordance with section 553 of title 5, United States Code, 
     promulgate a final consumer product safety standard for 
     button cell or coin batteries and consumer products 
     containing button cell or coin batteries that shall only 
     contain--
       (1) a performance standard requiring the button cell or 
     coin battery compartments of a consumer product containing 
     button cell or coin batteries to be secured in a manner that 
     would eliminate or adequately reduce the risk of injury from 
     button or coin cell battery ingestion by children that are 6 
     years of age or younger during reasonably foreseeable use or 
     misuse conditions; and
       (2) warning label requirements--
       (A) to be included on the packaging of button cell or coin 
     batteries and the packaging of a consumer product containing 
     button cell or coin batteries;
       (B) to be included in any literature, such as a user 
     manual, that accompanies a consumer product containing button 
     cell or coin batteries; and
       (C) to be included, as practicable--
       (i) directly on a consumer product containing button cell 
     or coin batteries in a manner that is visible to the consumer 
     upon installation or replacement of the button cell or coin 
     battery; or
       (ii) in the case of a product for which the battery is not 
     intended to be replaced or installed by the consumer, to be 
     included directly on the consumer product in a manner that is 
     visible to the consumer upon access to the battery 
     compartment, except that if it is impracticable to label the 
     product, this information shall be placed on the packaging or 
     instructions.
       (b) Requirements for Warning Labels.--Warning labels 
     required under subsection (a)(2) shall--
       (1) clearly identify the hazard of ingestion; and
       (2) instruct consumers, as practicable, to keep new and 
     used batteries out of the reach of children, to seek 
     immediate medical attention if a battery is ingested, and to 
     follow any other consensus medical advice.
       (c) Treatment of Standard for Enforcement Purposes.--A 
     consumer product safety standard promulgated under subsection 
     (a) shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).
       (d) Exception for Reliance on Voluntary Standard.--
       (1) Before promulgation of standard by commission.--
     Subsection (a) shall not apply if the Commission determines, 
     before the Commission promulgates a final consumer product 
     safety standard under such subsection, that--
       (A) with respect to any consumer product for which there is 
     a voluntary consumer product safety standard that meets the 
     requirements for a standard promulgated under subsection (a) 
     with respect to such product; and
       (B) the voluntary standard described in subparagraph (A)--
       (i) is in effect at the time of the determination by the 
     Commission; or
       (ii) will be in effect not later than the date that is 180 
     days after the date of the enactment of this Act.
       (2) Determination required to be published in federal 
     register.--Any determination made by the Commission under 
     this subsection shall be published in the Federal Register.
       (e) Treatment of Voluntary Standard for Enforcement 
     Purposes.--
       (1) In general.--If the Commission makes a determination 
     under subsection (d) with respect to a voluntary standard, 
     the requirements of such voluntary standard shall be treated 
     as a consumer product safety rule promulgated under section 9 
     of the Consumer Product Safety Act (15 U.S.C. 2058) beginning 
     on the date described in paragraph (2).
       (2) Date described.--The date described in this paragraph 
     is the later of--
       (A) the date of the determination of the Commission under 
     subsection (d) with respect to the voluntary standard 
     described in paragraph (1); or
       (B) the effective date contained in the voluntary standard 
     described in paragraph (1).
       (f) Revision of Voluntary Standard.--
       (1) Notice to commission.--If a voluntary standard with 
     respect to which the Commission has made a determination 
     under subsection (d) is subsequently revised, the 
     organization that revised the standard shall notify the 
     Commission after the final approval of the revision.
       (2) Effective date of revision.--Beginning on the date that 
     is 180 days after the Commission is notified of a revised 
     voluntary standard described in paragraph (1) (or such later 
     date as the Commission determines appropriate), such revised 
     voluntary standard in whole or in part shall be considered to 
     be a consumer product safety rule promulgated under section 9 
     of the Consumer Product Safety Act (15 U.S.C. 2058), in place 
     of the prior version, unless, within 90 days after receiving 
     the notice, the Commission notifies the organization that the 
     revised voluntary standard, in whole or in part, does not 
     improve the safety of the consumer product covered by the 
     standard and that the Commission is retaining all or part of 
     the existing consumer product safety standard.
       (g) Future Rulemaking.--At any time after the promulgation 
     of a final consumer product safety standard under subsection 
     (a), a voluntary standard is treated as a consumer product 
     safety rule under subsection (e), or a revised voluntary 
     standard becomes enforceable as a consumer product safety 
     rule under subsection (f), the Commission may initiate a 
     rulemaking in accordance with section 553 of title 5, United 
     States Code, to modify the requirements of the standard or 
     revised standard. Any rule promulgated under this subsection 
     shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).

     SEC. 3. CHILD-RESISTANT PACKAGING FOR BUTTON CELL OR COIN 
                   BATTERIES.

       (a) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, any button cell or coin battery 
     sold, offered for sale, manufactured for sale, distributed in 
     commerce, or imported into the United States, or included 
     separately with a consumer product sold, offered for sale, 
     manufactured for sale, distributed in commerce, or imported 
     into the United States, shall be packaged in accordance with 
     the standards provided in section 1700.15 of title 16, Code 
     of Federal Regulations (or any successor regulation), as 
     determined through testing in accordance with the method 
     described in section 1700.20 of title 16, Code of Federal 
     Regulations (or any successor regulation), or another test 
     method for button cell or coin battery packaging specified, 
     by rule, by the Commission.
       (b) Applicability.--The requirement of subsection (a) shall 
     be treated as a standard for the special packaging of a 
     household substance established under section 3(a) of the 
     Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).

     SEC. 4. EXEMPTION FOR COMPLIANCE WITH EXISTING STANDARD.

       The standards promulgated under this Act shall not apply 
     with respect to any toy product that is in compliance with 
     the battery accessibility and labeling requirements of part 
     1250 of title 16, Code of Federal Regulations, and in 
     reference to section 3(a), shall not apply with respect to 
     button cell or coin batteries that are in compliance with the 
     marking and packaging provisions of the ANSI Safety Standard 
     for Portable Lithium Primary Cells and Batteries (ANSI 
     C18.3M).

     SEC. 5. DEFINITIONS.

       In this Act:
       (1) Button cell or coin battery.--The term ``button cell or 
     coin battery'' means--
       (A) a single cell battery with a diameter greater than the 
     height of the battery; or
       (B) any other battery, regardless of the technology used to 
     produce an electrical charge, that is determined by the 
     Commission to pose an ingestion hazard.
       (2) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (3) Consumer product.--The term ``consumer product'' has 
     the meaning given such term in section 3(a) of the Consumer 
     Product Safety Act (15 U.S.C. 2052(a)).
       (4) Consumer product containing button cell or coin 
     batteries.--The term ``consumer product containing button 
     cell or coin batteries'' means a consumer product containing 
     or designed to use one or more button cell or coin batteries, 
     regardless of whether such batteries are intended to be 
     replaced by the consumer or are included with the product or 
     sold separately.
       (5) Toy product.--The term ``toy product'' means any object 
     designed, manufactured, or marketed as a plaything for 
     children under 14 years of age.

     SEC. 6. EFFECTIVE DATE.

       The standard promulgated under section 2(a) and the 
     requirements of section 3(a) shall only apply to a product 
     that is manufactured or imported after the effective date of 
     such standard or requirement.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Latta) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5313.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 5313, Reese's Law.
  I want to begin by thanking Consumer Protection and Commerce 
Subcommittee Chair Schakowsky for her dedication to protecting 
consumers from dangerous products and Representatives Kelly, Arrington, 
and Lieu for introducing this bipartisan legislation that will save 
children's lives.
  Reese's Law is named after Reese Hamsmith, an 18-month-old girl who 
lost her life from complications caused by swallowing a button battery. 
These are small, single-cell batteries that look like a disc or a 
button. Today, they are used to power common household electronics like 
television remotes, key fobs, and meat thermometers. Because of their 
small size and availability around the house, button cell or coin 
batteries pose a serious

[[Page H7114]]

harm to children under 6 who can suffer serious injuries or death if 
they swallow these batteries.
  According to Reese's mother, Trista Hamsmith, Reese was a spunky, 
sassy, full-of-life little girl who at an early age took the attention 
of an entire room the moment she walked in. While Trista was in the 
hospital with Reese, she decided that she wanted to spread awareness 
about the dangers of button batteries. In her testimony before our 
committee, Trista said about Reese: ``Her Earthly battle may be over, 
but her true battle, her true plan, and her true purpose has just 
begun.''
  Reese's Law requires the Consumer Product Safety Commission to 
establish mandatory safety standards to protect children from ingesting 
button cell or coin batteries.
  The CPSC's standards should include requirements for button cell or 
coin battery packaging to make the batteries more difficult to access. 
The packages must also include warning labels to warn consumers about 
the dangers of ingesting these products and instruct consumers about 
keeping new and used batteries out of the reach of children.
  This legislation is a testament to the bravery and tireless advocacy 
of Trista Hamsmith and parents everywhere who have lost children to 
accidental ingestion of these products. This is crucial legislation 
that will save kids' lives, and that is why I call on my colleagues to 
support it today.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1615

  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Reese's Law will require the Consumer Product Safety 
Commission to establish safety standards to protect children from 
ingesting button cell batteries. It also includes an education 
component for consumers to ensure they are keeping new and used 
batteries out of the reach of children.
  I thank Representatives Arrington and Kelly for spearheading this 
effort, and to Trista Hamsmith for her tireless efforts.
  We are all inspired by Trista, who has been willing to share her 
daughter's tragic story and channel it into an action that will help 
save lives.
  Mr. Speaker, I urge all my colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Illinois (Ms. Schakowsky) who chairs our Consumer 
Protection and Commerce Subcommittee, from which this bill came.
  Ms. SCHAKOWSKY. Mr. Speaker, I thank all of the cosponsors of the 
legislation. Particularly, I want to mention Robin Kelly, who is not 
able to be here today. I know she wanted to be able to speak to this 
legislation.
  But it was brought to our Consumer Protection and Commerce 
Subcommittee by a really brave mom, and that is Trista Hamsmith, a 
woman who lost her 18-month-old daughter, Reese, tragically after she 
ingested a tiny button cell battery.
  And I am just so proud of not only the subcommittee, but the full 
committee that unanimously has passed this and brought it now to the 
floor.
  But we give a special thanks to Trista Hamsmith, mom of Reese.
  So, as the chairman mentioned, these batteries are found in many 
household devices and even toys that are used by children. And it is 
estimated that once every 3 minutes, a child is treated in an emergency 
room having swallowed one of these small batteries.
  These deaths and injuries that continue are absolutely not necessary 
because voluntary standards for their packaging and to protect children 
are just not present.
  And so, Reese's Law would require that the Consumer Product Safety 
Commission draft mandatory standards for these button cell or coin 
batteries. And these standards will ensure that the batteries' 
packaging would have information about what is dangerous; and that they 
would be child-resistant and would have warning labels on the packages 
and instructions for parents to protect their children.
  More times than not, I want to just say that in our subcommittee we 
learn from parents about the hazards that their children face. And I am 
just so proud that, with the help of Gus Bilirakis, the ranking member 
of the subcommittee, the help of both the chairman and the ranking 
member of the full committee, and our full committee, we are able to 
address these hazards.
  And the fact that Trista was able to bring Reese's story to us and 
tell it--you know, sometimes I think that our subcommittee is--you 
know, we have to pass out tissues because of the stories that we hear 
from these parents--and turn their tragedy into power and are able to 
make the difference.
  So I just want to thank my friends and colleagues, and I look forward 
to passing this legislation.
  Mr. LATTA. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Arrington) who has worked on this piece of legislation.
  Mr. ARRINGTON. Mr. Speaker, Trista and Chris Hamsmith lived every 
parents' worst nightmare when their 18-month-old daughter, Reese, 
swallowed a button battery from the back of a remote control. It went 
undetected for a couple of days before an x-ray revealed that the 
battery was lodged in her esophagus. It burned a hole in her esophagus.
  By the time the doctors dislodged the battery, it had gone so long, 
and the unique nature of these batteries, it had done irreparable harm 
and, eventually, unfortunately, led to her death.
  But like a strong west Texas woman, and a mom on a mission, Trista 
prayerfully set out to make sure that other families would not have to 
experience this horrible tragedy. She started Reese's Purpose, a 
nonprofit aimed at raising awareness of the dangers of button batteries 
and advocating for strong safety measures.
  While I am an ardent limited-government and less-regulation guy, it 
was evident to me, and thanks to Trista's diligence, quite frankly, 
that these button batteries were uniquely dangerous. They would burn 
holes in kids' stomachs or their esophagi and cause major complications 
and even death.
  And the cases where children were ingesting these batteries were 
growing exponentially; 8,000 in 2020. During COVID, we saw a 93 percent 
uptick in kids going to the emergency room having ingested these 
batteries.
  I was convinced it needed appropriate immediate action, and I spoke 
to the Commissioner of the Consumer Products Safety Commission. They 
agreed it was a serious safety risk; but they said it would take 3 to 5 
years for the rulemaking process.
  That is when I connected with my colleague, Robin Kelly. We 
introduced this bipartisan legislation that we affectionately refer to 
as Reese's Law, which would require the CPSC to put enhanced safety 
standards, including packaging, warning labels, and the like.
  I am glad we are voting on this. I am proud of Trista and her family.
  I encourage my colleagues to vote ``yes;'' send it to the Senate, 
where they can act swiftly to do the same.
  Mr. Speaker, I am so proud to represent west Texas, the most 
kindhearted and compassionate people, and I am especially honored to be 
a small part of Reese's Purpose and partner with such a strong, 
persistent, and loving mom in Trista Hamsmith, who I now call Trista 
``the Hammer'' Hamsmith.
  God bless America. God bless these children. I hope we can save some 
lives.
  And go west Texas.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers. I am 
prepared to close. I reserve the balance of my time.
  Mr. LATTA. Mr. Speaker, I thank all the Members that worked on this 
very important piece of legislation because this is a piece of 
legislation that is going to help save countless children's lives.
  I also thank Trista for her unending work to make sure this 
legislation gets across the finish line.
  So, Mr. Speaker, I ask the passage of this legislation, and I yield 
back the balance of my time.
  Mr. PALLONE. Mr. Speaker, as I said, this bill is a testament to the 
bravery and tireless advocacy of Trista Hamsmith and parents everywhere 
who have lost children to accidental ingestion of these products. So 
this is a crucial bill that will save kids' lives, and that is why I 
call on my colleagues to support it today.
  Mr. Speaker, I yield back the balance of my time.

[[Page H7115]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 5313, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________