[House Report 117-440]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {     117-440

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

 
                              REESE'S LAW

                                _______
                                

 July 26, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5313]

    The Committee on Energy and Commerce, to whom was referred 
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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................4
 II. Background and Need for the Legislation..........................4
III. Committee Hearings...............................................4
 IV. Committee Consideration..........................................5
  V. Committee Votes..................................................5
 VI. Oversight Findings...............................................8
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures8
VIII.Federal Mandates Statement.......................................8

 IX. Statement of General Performance Goals and Objectives............8
  X. Duplication of Federal Programs..................................8
 XI. Committee Cost Estimate..........................................8
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......8
XIII.Advisory Committee Statement.....................................9

XIV. Applicability to Legislative Branch..............................9
 XV. Section-by-Section Analysis of the Legislation...................9
XVI. Changes in Existing Law Made by the Bill, as Reported...........10

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as ``Reese's Law''.

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.

                         I. PURPOSE AND SUMMARY

    H.R. 5313, ``Reese's Law,'' requires the Consumer Product 
Safety Commission (CPSC) to promulgate a final consumer product 
safety standard to protect children from ingesting button cell 
batteries or coin batteries. The standard shall include 
requirements for button cell battery packaging and warning 
label requirements to warn consumers of the hazards of 
ingestion and instruct consumers to keep new and used batteries 
out of the reach of children. The bill is named after Reese 
Hamsmith, an 18-month-old child who tragically died after 
ingesting a button cell battery.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Button cell or coin batteries are small, single-cell 
batteries with a diameter greater than the height of the 
battery, so that it resembles a button. These batteries can be 
used to power children's toys, television remotes, key fobs, 
and meat thermometers, among other common household items. Due 
to their small size and availability in various household 
electronics, button cell batteries pose a serious harm to 
children under six years old who can suffer serious injuries or 
death if they swallow these batteries.\1\ The battery can get 
caught in the child's esophagus and burn the esophageal tissue, 
and, in some cases, these burns can rapidly create a hole in 
the esophagus, which can lead to difficulty breathing and 
eating.\2\
---------------------------------------------------------------------------
    \1\Trisha Korioth, Parent Plus: Button Batteries Can Cause 
Injuries, Death if Swallowed, American Academy of Pediatrics (May 6, 
2016) (https://publications.aap.org/aapnews/news/
12468?autologincheck=redirected).
    \2\Her Daughter Swallowed a Button Battery and Died, Now This Mom 
is Taking Action, Today (Mar. 1, 2021).
---------------------------------------------------------------------------
    In 2021, the CPSC found that injuries related to batteries 
among children between the ages of five and nine rose by 93 
percent during the first six months of the coronavirus disease 
of 2019 (COVID-19) pandemic, from March to September 2020.\3\ 
Consumer and parent advocacy groups have urged manufacturers to 
make safer button cell batteries or to make safer device covers 
for compartments where these batteries are kept.\4\
---------------------------------------------------------------------------
    \3\Consumer Product Safety Commission, Effect of Novel Coronavirus 
Pandemic on 2020 Preliminary NEISS Estimates (March-September, 2020) 
(Jan. 11, 2021).
    \4\See note 2.
---------------------------------------------------------------------------

                        III. COMMITTEE HEARINGS

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearings were 
used to develop or consider H.R. 5313:
    The Subcommittee on Consumer Protection and Commerce held a 
legislative hearing on May 26, 2022. The hearing was entitled, 
``Legislative Hearing to Protect Consumers and Strengthen the 
Economy.'' The Subcommittee received testimony from the 
following witnesses:
           Katlin Kraska, Director of Federal 
        Legislation, Government Relations, American Society for 
        the Prevention of Cruelty to Animals;
           Julie Menin, Former Commissioner, New York 
        City Department of Consumer Affairs;
           Hadley Heath Manning, Vice President for 
        Policy, Independent Women's Forum; Partner, Wiley Rein 
        LLP;
           Michael O'Neal, Vice President--Corporate 
        Underwriting, First American Title Insurance Company;
           Trista Hamsmith, Founder and Reese's Mom, 
        Reese's Purpose;
           Eric D. Hagopian, CEO and President, Pilot 
        Precision Products; and
           Tori Barnes, Executive Vice President, 
        Public Affairs and Policy, U.S. Travel Association.

                      IV. COMMITTEE CONSIDERATION

    H.R. 5313, ``Reese's Law,'' was introduced on September 21, 
2021, by Representative Robin Kelly (D-IL) and referred to the 
Committee on Energy and Commerce. Subsequently, on September 
22, 2021, the bill was referred to the Subcommittee on Consumer 
Protection and Commerce. A legislative hearing was held on May 
26, 2022. On June 23, 2022, the Subcommittee on Consumer 
Protection and Commerce met in open markup session, pursuant to 
notice, to consider H.R. 5313 and seven other bills. An 
amendment in the nature of a substitute was offered by 
Representative Kelly and agreed to by a voice vote. Upon 
conclusion of consideration of the bill, the Subcommittee on 
Consumer Protection and Commerce agreed to report the bill 
favorably to the full Committee, amended, by a roll call vote 
of 21 yeas to zero nays.
    On July 20, 2022, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 5313 and five 
other bills. During consideration of the bill, no amendments 
were offered. Upon conclusion of consideration of the bill, the 
full Committee agreed to a motion on final passage offered by 
Representative Pallone, Chairman of the Committee, to order 
H.R. 5313 reported favorably to the House, as amended by the 
Subcommittee on Consumer Protection and Commerce, by a roll 
call vote of 54 yeas to zero nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were two record votes taken on 
H.R. 5313, including a motion by Mr. Pallone ordering H.R. 5313 
favorably reported to the House, amended. The motion on final 
passage of the bill was approved by a record vote of 54 yeas to 
zero nays. The following are the record votes taken during 
Committee consideration, including the names of those members 
voting for and against:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to direct 
the CPSC to promulgate a final consumer product safety standard 
to protect children from ingesting button cell batteries or 
coin batteries, which can cause serious injury and death.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 5313 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5313 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
``Reese's Law.''

Sec. 2. Consumer product safety standard for button cell or coin 
        batteries and consumer products containing such batteries

    Section 2 requires that no later than one year after the 
date of enactment of this Act, the CPSC shall promulgate a 
final consumer product safety standard for button cell or coin 
batteries and consumer products containing button cell or coin 
batteries. The standard shall include a performance standard 
requiring the button cell or coin battery compartment of a 
consumer product be secured in a manner that would eliminate or 
adequately reduce the risk of injury from button or coin cell 
battery ingestion by children six years old and younger during 
reasonably foreseeable use and misuse conditions. The standard 
shall also include warning label requirements to be included on 
the packaging of the button cell or coin batteries and the 
packaging of the consumer product containing the batteries. A 
warning label requirement under this section also applies to 
any literature, like a user manual, that comes with the 
consumer product containing the button cell or coin batteries.
    Section 2 also requires that warning labels be placed 
directly on the consumer product in a way that is visible to 
the consumer upon installation or replacement of the button 
cell or coin battery or, 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 of the 
battery compartment. Warning labels must clearly identify the 
hazard of ingestion and instruct consumers to keep new and used 
batteries out of reach of children and to seek medical 
attention immediately if a battery is ingested.
    Under Section 2, manufacturers of button and coin cell 
batteries are considered in compliance for enforcement purposes 
if the manufacturer is relying on a voluntary safety standard 
that the CPSC approves of prior to promulgation of the new 
safety standard. The CPSC may also adopt the voluntary standard 
as the new safety standard should it find the voluntary 
standard meets the requirements of this Act during rulemaking.

Sec. 3. Child-resistant packaging for button cell or coin batteries

    Section 3 requires that 180 days after the date of 
enactment of this Act, any button cell or coin battery that is 
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, as determined through 
testing in accordance with the method described in section 
1700.20 of title 16, Code of Federal Regulations. Compliance 
with these standards include any successor regulations.

Sec. 4. Exemption for compliance with existing standard

    Section 4 exempts toy products that are in compliance with 
the battery accessibility and labeling requirements of part 
1250 of title 16, Code of Federal Regulations and 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) from the 
standards promulgated by the CPSC pursuant to this Act.

Sec. 5. Definitions

    Section 5 addresses how terms used in the bill are defined.

Sec. 6. Effective date

    Section 6 establishes that the standard promulgated in 
section 2 shall only apply to a product that is manufactured or 
imported after the effective date of such standard.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H.R. 
5313.

                                  [all]