[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Pages S2841-S2842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BREAUX (for himself and Mr. Burns):
  S. 2188. A bill to require the Consumer Product Safety Commission to 
amend its flammability standards for children's sleepwear under the 
Flammable Fabrics Act; to the Committee on Commerce, Science, and 
Transportation.
 Mr. BREAUX. Mr. President, today, along with Senator Burns, I 
am introducing the Children's Safe Sleepwear and Burn Prevention Act of 
2002. This legislation is designed to prevent sleepwear-related burn 
injuries and reverse the 1997 decision of the Consumer

[[Page S2842]]

Product Safety Commission on children's sleepwear safety regulations.
  In 1996, the CPSC made two principle changes to the sleepwear safety 
regulations. First, the Commission determined that because children age 
0-9 months were not mobile, they were not at risk from fire. 
Consequently, the revised regulations totally exempted sleepwear for 
young infants from any safety regulations. Second, the CPSC decided 
that so-called ``tight-fitting'' sleepwear did not have to meet any 
fire safety requirements on the mistaken assumption that tight-fitting 
garments do not burn.
  As a result of the Commission's action, I heard from the Shriners 
Hospital in Shreveport, Louisiana. The Shirners Hospitals for children 
operate four burn centers in the United States and treat over 20 
percent of all serious pediatric burns in the country. The Shriners 
Hospitals conducted a study comparing the incidence of sleepwear-
related burn injuries during the period 1995-1996, before the 
regulations were changed, to the period 1998-1999 after the changes had 
been put in place.
  The results of the Shriners study are sobering indeed. From 1995-
1996, Shriners Hospitals treated 14 children for sleepwear-related burn 
injuries. For the period 1998-1999, the number of children suffering 
from these sleepwear-related burns increased to 36, a 157 percent 
increase!
  The Shriners Hospitals also examined pediatric burn injuries where it 
was impossible to determine the exact type of clothing involved or 
where the children was not technically wearing sleepwear but may have 
been using this clothing to sleep in. Over the relevant time period, 
the number of children suffering clothing-related burn injuries 
increased from 70 to 147, a 110 percent increase! Similarly, the number 
of pediatric burn injuries where it was impossible to determine 
anything about the clothing being worn because the clothing had been 
totally burned away increased from 218 to 311, a 43 percent increase! 
All told, the number of burned children treated at Shriners Hospitals 
increased from 302 in 1995-1996 to 494 in 1998-1999, a 64 percent 
increase!
  The data regarding infants age 0-9 months is also revealing. In 1995-
1996 Shriners Hospitals treated just five children for sleepwear-
related burn injuries under nine months of age. For 1998-1999, the 
total number of infants suffering such injuries rose to nineteen, a 280 
percent increase!

  As a practical matter, almost all pediatric burn injuries involve 
ignition of the clothing and some other materials. While the safety 
regulations cannot save a child trapped in a raging inferno, a 1972 HEW 
study concluded that children in fires whose clothing ignited had a 
four to six-fold increase in mortality and morbidity compared to those 
who clothing did not ignite. Take, for example, a situation where the 
house is on fire and a parent picks up her infants and flees the 
burning house. Sparks are flying, but the infants garments do not 
ignite because they are flame resistent. If the sleepwear is not flame 
resistant, the sparks catch the clothing.
  The Children's Safe Sleepwear and Burn Prevention Act directs the 
Commission to restore the safety protections that it removed in 1997. 
Henceforth, young infants will not have to face the dangers of using 
sleepwear that provides no protection whatsoever against fire. Tight-
fitting or snug sleepwear will also have to meet these fire safety 
requirements. There is, however, more that must be done to ensure a 
fire safety environment for our children.
  Another problem regarding the children's sleepwear regulations must 
be addressed. Under the CPSC's regulations, even the pre-1997 version, 
clothing that the manufacturer did not intend to be used as sleepwear 
were not required to meet the flammability safety requirements. 
Consequently, a manufacturer could simply label an item as day wear as 
sleepwear and completely avoid the safety requirements.
  This legislation eliminates this ``labeling loophole'' by creating a 
functional definition of sleepwear for children up to seven years of 
age. If, as a practical matter, clothing is used for sleepwear, then 
should meet the safety requirements. The legislation provides some 
guidance as to what types of garments are used for sleepwear with some 
regularity such as togs, bunny suits and garments with cartoon 
characters that are particularly attractive to young children.
  One might ask what alternatives are there to untreated cotton. 
Advances in technology now provide such alternatives. Cotton can be 
treated with a flame retardant that does not wash out because it is 
bonded to the cotton through a chemical process at the atomic level. 
The treatment adds little to the cost of children's sleepwear.
  The defense of our innocent children from the dangers of sleepwear 
related burn injuries should be a priority. If you have ever seen a 
child severely burned by flaming sleepwear, you have some sense of the 
suffering and horror that these injuries entail. We can make these 
horrible burn injuries less frequent by enacting this important piece 
of legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2188

       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 ``Children's Safe Sleepwear 
     and Burn Prevention Act of 2002''.

     SEC. 2. AMENDMENTS TO CHILDREN'S SLEEPWEAR FLAMMABILITY 
                   REGULATIONS.

       (a) In General.--The Consumer Product Safety Commission (in 
     this Act referred to as the ``Commission'') shall, with 
     respect to the Commission's flammability standards for 
     children's sleepwear sizes 0 through 14, promulgated pursuant 
     to the Flammable Fabrics Act (15 U.S.C. 1191 et seq.; parts 
     1615 and 1616 of title 16, Code of Federal Regulations)--
       (1) not enforce or enact a standard with respect to 
     children's sleepwear that--
       (A) exempts--
       (i) diapers and underwear (including disposable diapers and 
     underwear);
       (ii) infant garments sizes 0 through 6X, infant garments 
     sizes 9 months or smaller, or other garments described in 
     part 1615.1(c) of title 16, Code of Federal Regulations; or
       (iii) tight-fitting garments; or
       (B) includes as a part of any definition of children's 
     sleepwear (or of any item of such sleepwear) a standard based 
     on the intent of the manufacturer or retailer; and
       (2) provide a functional definition of children's sleepwear 
     for ages 0 through 7 years (encompassing, at a minimum, 
     infant and children's garment sizes 2 through 6X, as such 
     sizes are defined by the Department of Commerce Voluntary 
     Product Standard (previously identified as Commercial 
     Standard CS151-50 ``Body Measurements for the Sizing of 
     Apparel for Infants, Babies, Toddlers, and Children''), 
     including children's clothing used with some regularity as 
     sleepwear, such as--
       (A) ``togs'';
       (B) ``onesies'';
       (C) body suits with snaps at the bottom for easy access to 
     a diaper;
       (D) all-in-one ``bunny'' suits with enclosed feet; and
       (E) any garments sized for children ages 0 through 7 years 
     with cartoon characters or symbols that the Commission finds 
     are particularly attractive to young children.
       (b) Rulemaking.--Notwithstanding any other provision of 
     law, not later than 180 days after the date of enactment of 
     this Act, the Commission shall promulgate regulations with 
     respect to the flammability of children's sleepwear 
     consistent with the provisions of this Act.
       (c) Effective Date.--Sleepwear manufactured or imported on 
     or before the effective date of the regulations promulgated 
     by the Commission under subsection (b) shall not be treated 
     as being in violation of the Flammable Fabrics Act or such 
     regulations if the sleepwear complied with the rules of the 
     Commission in effect at the time the sleepwear was 
     manufactured or imported.
                                 ______