[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3371 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3371

       To provide for infant crib safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 2003

Mrs. Tauscher (for herself, Mr. Greenwood, Mr. Lampson, Ms. Jackson-Lee 
of Texas, Ms. Lee, Mr. Towns, Ms. Millender-McDonald, Ms. DeLauro, Mr. 
Sanders, Mr. Payne, Mr. Schiff, Mrs. Napolitano, Ms. Norton, Mr. Weldon 
 of Pennsylvania, Mr. Baird, Ms. McCarthy of Missouri, Mr. Frost, Mr. 
  Stenholm, Mr. Wu, Ms. Corrine Brown of Florida, and Ms. Schakowsky) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
       To provide for infant crib safety, 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 ``Infant Crib Safety Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The disability and death of infants resulting from 
        injuries sustained in crib incidents are a serious threat to 
        the public health, welfare, and safety of people of this 
        country.
            (2) The design and construction of a baby crib must ensure 
        that it is safe to leave an infant unattended for extended 
        periods of time. A parent or caregiver has a right to believe 
        that the crib in use is a safe place to leave an infant.
            (3) Each year about 12,000 children ages 2 and under are 
        injured in cribs seriously enough to require hospital 
        treatment.
            (4) Each year at least 30 children age 4 and under die from 
        injuries sustained in cribs.
            (5) The United States Consumer Product Safety Commission 
        estimates that the cost to society resulting from deaths due to 
        cribs is at least $150,000,000 per year.
            (6) Secondhand, hand-me-down, and heirloom cribs pose a 
        special problem. There are nearly 4 million infants born in 
        this country each year, but only an estimated one million to 
        two million new cribs sold. Many infants are placed in 
        secondhand, hand-me-down, or heirloom cribs.
            (7) Most crib deaths occur in secondhand, hand-me-down, or 
        heirloom cribs.
            (8) Existing State and Federal legislation is inadequate to 
        deal with the hazard presented by secondhand, hand-me-down, or 
        heirloom cribs.
            (9) Prohibiting the contracting to sell, resell, lease, 
        sublease of unsafe cribs that are not new, or otherwise place 
        in the stream of commerce unsafe secondhand, hand-me-down, or 
        heirloom cribs, will prevent injuries and deaths caused by 
        cribs.
    (b) Purpose.--The purpose of this Act is to prevent the occurrence 
of injuries and deaths to infants as a result of unsafe cribs by making 
it illegal--
            (1) to manufacture, sell, or contract to sell any crib that 
        is unsafe for any infant using it; or
            (2) to resell, lease, sublet, or otherwise place in the 
        stream of commerce, after the effective date of this Act, any 
        unsafe crib, particularly any unsafe secondhand, hand-me-down, 
        or heirloom crib.

SEC. 3. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Commercial user.--
                    (A) The term ``commercial user'' means--
                            (i) any person who manufactures, sells, or 
                        contracts to sell full-size cribs or nonfull-
                        size cribs; or
                            (ii) any person who--
                                    (I) deals in full-size or nonfull-
                                size cribs that are not new or who 
                                otherwise by one's occupation holds 
                                oneself out as having knowledge or 
                                skill peculiar to full-size cribs or 
                                nonfull-size cribs, including child 
                                care facilities and family child care 
                                homes; or
                                    (II) is in the business of 
                                contracting to sell or resell, lease, 
                                sublet, or otherwise placing in the 
                                stream of commerce full-size cribs or 
                                nonfull-size cribs that are not new.
                    (B) The term ``commercial user'' does not mean an 
                individual who sells a used crib at a one-time private 
                sale.
            (2) Crib.--The term ``crib'' means a full-size crib or 
        nonfull-size crib.
            (3) Full-size crib.--The term ``full-size crib'' means a 
        full-size baby crib as defined in section 1508.1 of title 16 of 
        the Code of Federal Regulations.
            (4) Infant.--The term ``infant'' means any person less than 
        35 inches tall or less than 2 years of age.
            (5) Nonfull-size crib.--The term ``nonfull-size crib'' 
        means a nonfull-size baby crib as defined in section 1509.2(b) 
        of title 16 of the Code of Federal Regulations (including a 
        portable crib and a crib-pen described in paragraph (2) of 
        subsection (b) of that section).

SEC. 4. REQUIREMENTS FOR CRIBS.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is 
amended by adding at the end the following new section:

``SEC. 25. REQUIREMENTS FOR CRIBS.

    ``(a) Manufacture and Sale of Cribs.--It shall be unlawful for any 
commercial user--
            ``(1) to manufacture, sell, or contract to sell, any full-
        size crib or nonfull-size crib that is unsafe for any infant 
        using it; or
            ``(2) to sell, contract to sell or resell, lease, sublet, 
        or otherwise place in the stream of commerce, any full-size or 
        nonfull-size crib that is not new and that is unsafe for any 
        infant using the crib.
    ``(b) Provision of Cribs by Lodging Facilities.--It shall be 
unlawful for any hotel, motel, or similar transient lodging facility to 
offer or provide for use or otherwise place in the stream of commerce, 
on or after the effective date of this Act, any full-size crib or 
nonfull-size crib that is unsafe for any infant using it.
    ``(c) Adherence to Crib Safety Standards.--A full-size crib, 
nonfull-size crib, portable crib, playpen, or play yard, shall be 
presumed to be unsafe under this Act if it does not conform to the 
standards applicable to the product as listed below:
            ``(1) Part 1508 (commencing with section 1508.1) of title 
        16 of the Code of Federal Regulations. (Requirements for full-
        size baby cribs).
            ``(2) Part 1509 (commencing with section 1509.1) of title 
        16 of the Code of Federal Regulations. (Requirements for 
        nonfull-size baby cribs).
            ``(3) American Society for Testing Materials F406 Consumer 
        Safety Specification for Play Yards.
            ``(4) American Society for Testing Materials F1169 Consumer 
        Safety Specification for Full-Size Cribs.
            ``(5) American Society for Testing Materials F1822 Consumer 
        Safety Specification for Non-Full-Size Cribs.
            ``(6) American Society for Testing and Materials F966 
        Consumer Safety Specification for Full-Size and Non-Full Size 
        Baby Crib Corner Post Extensions.
            ``(7) Part 1303 (commencing with section 1303.1) of title 
        16 of the Code of Federal Regulations.
            ``(8) Any amendments to the above regulations or standards 
        or any other regulations or standards that are adopted in order 
        to amend or supplement the regulations or standards described 
        in paragraphs (1) through (6)
    ``(d) Designation as Hazardous Substance.--A full-size or nonfull-
size crib that is not in compliance with the requirements of this 
section shall be considered to be a banned hazardous substance under 
section 1261(q) of this title.
    ``(e) Exception.--These requirements shall not apply to a full-size 
crib or nonfull-size crib that is not intended for use by an infant, 
including a toy or display item, if at the time it is manufactured, 
made subject to a contract to sell or resell, leased, subletted, or 
otherwise placed in the stream of commerce, as applicable, it is 
accompanied by a notice to be furnished by each commercial user 
declaring that the crib is not intended to be used for an infant and is 
dangerous to use for an infant.''.

SEC. 5. EFFECTIVE DATE.

     This Act shall be effective 90 days after the date of its 
enactment.
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