[House Report 116-205]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-205
======================================================================
SAFE CRIBS ACT OF 2019
_______
September 13, 2019.--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. 3170]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3170) to prohibit the manufacture for sale,
offer for sale, distribution in commerce, or importation into
the United States of any crib bumper, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................2
II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................3
IV. Committee Consideration..........................................4
V. Committee Votes..................................................4
VI. Oversight Findings...............................................4
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5
IX. Statement of General Performance Goals and Objectives............5
X. Duplication of Federal Programs..................................5
XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................5
XIV. Applicability to Legislative Branch..............................5
XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............6
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 the ``Safe Cribs Act of 2019''.
SEC. 2. PROHIBITION ON SALE OF CRIB BUMPERS.
(a) Prohibition on the Sale of Crib Bumpers.--Beginning on the date
that is 180 days after the date of enactment of this Act, it shall be
unlawful for any person to manufacture for sale, offer for sale,
distribute in commerce, or import into the United States any crib
bumper.
(b) Treatment of Violation.--A violation of subsection (a) shall be
treated as a violation of section 19(a)(1) of the Consumer Product
Safety Act (15 U.S.C. 2068(a)(1)).
(c) Crib Bumper Defined.--In this section, the term ``crib bumper''--
(1) means any material that is intended to cover the sides of
a crib to prevent injury to any crib occupant from impacts
against the side of a crib or to prevent partial or complete
access to any openings in the sides of a crib to prevent a crib
occupant from getting any part of the body entrapped in any
opening;
(2) includes a padded crib bumper, a supported and
unsupported vinyl bumper guard, and vertical crib slat covers;
and
(3) does not include a non-padded mesh crib liner.
I. PURPOSE AND SUMMARY
H.R. 3170, the ``Safe Cribs Act of 2019'', was introduced
on June 10, 2019, by Reps. Schakowsky (D-IL), Kelly (D-IL), and
Rush (D-IL) and referred to the Committee on Energy and
Commerce. H.R. 3170 prohibits the manufacture for sale, offer
for sale, distribution in commerce, or import of non-mesh crib
bumpers. A crib bumper is defined to include any non-mesh
material that is intended to cover the sides of a crib to
prevent injury to a crib occupant from impacts or to prevent a
crib occupant from getting any body part entrapped in any
opening, such as a padded crib bumper, a supported and
unsupported vinyl bumper guard, and vertical slat covers.
II. BACKGROUND AND NEED FOR LEGISLATION
Crib bumpers were originally invented to prevent children
from falling out of a crib between widely spaced crib slats.
Since 1973, a mandatory crib slat spacing standard has obviated
the original need for crib bumpers.\1\ Nowadays, however, crib
bumpers are primarily intended to prevent babies from bumping
their heads or getting their arms or legs caught in the rails
of cribs. Parents or caregivers may also use them because of
their decorative value. However, some pediatricians and medical
experts believe that the minor injuries they are intended to
prevent are not worth the serious suffocation, strangulation,
and entrapment risk that these products pose.\2\ Since 2007,
the American Academy of Pediatrics has recommended that crib
bumpers not be used.\3\ The National Institutes of Health also
warns against the use of crib bumpers.\4\ Despite this clear
guidance, crib bumpers remain widely sold by leading retailers
and may even be bundled as part of infant bedding sets.
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\1\Consumer Product Safety Commission, Hazard Analysis: Crib-
Related Deaths (Aug. 2002) (www.cpsc.gov/s3fs-public/pdfs/EpiCrib.PDF).
\2\American Academy of Pediatrics, Choosing a Crib (May 12, 2014)
(www.healthychildren.org/English/ages-stages/prenatal/decisions-to-
make/Pages/Choosing-a-Crib.aspx).
\3\American Academy of Pediatrics, Crib Bumpers in the Night: A
Hazard to Infants (Dec. 31, 2007) (www.aappublications.org/content/29/
1/28.2).
\4\National Institutes of Health, NIH statement on the new crib
safety standards (June 27, 2011) (www.nih.gov/news-events/news-
releases/nih-statement-new-crib-safety-standards).
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According to data provided by the Consumer Product Safety
Commission (CPSC), 23 babies reportedly died from 2006 to 2012
from suffocation attributed to a crib bumper.\5\ A study
published in the Journal of Pediatrics in February 2016 found
that ``there appears to be a substantial CPSC undercounting of
[crib bumper] deaths.''\6\ This study identified a total of 48
infant deaths attributed to crib bumpers between 1985 and
2012.\7\ The most recent CPSC staff briefing package on crib
bumpers, published in September 2016, found a total of 107
fatal and 282 non-fatal incidents reported to the agency from
January 1, 1990, to March 31, 2016.\8\
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\5\NJ Scheers et al., Crib Bumpers Continue to Cause Infant Deaths:
A Need for a New Preventive Approach, The Journal of Pediatrics (Feb.
2016).
\6\Id.
\7\Id.
\8\Consumer Product Safety Commission, Briefing Package: CPSC Staff
Response to the Record of Commission Action on Crib Bumpers (Sept. 9,
2016) (www.cpsc.gov/s3fs-public/
StaffResponsetotheRecordofCommissionActiononCribBumper.pdf).
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Several states and localities across the United States have
taken steps to remove non-mesh crib bumpers from their
respective markets. In 2011, Chicago, Illinois became the first
city in the country to ban the sale of non-mesh crib
bumpers.\9\ In 2013, the State of Maryland banned the sale of
all crib bumpers, except mesh bumpers and vertical crib slat
covers.\10\ Ohio's statewide ban on non-mesh crib bumpers took
effect in April 2017. Ohio's law will still allow mesh crib
bumpers to be sold for three years--after which the Ohio
legislature will review current research and any regulations at
the CPSC to determine whether the renewed ban will include mesh
crib bumpers. The borough of Watchung, New Jersey, adopted an
ordinance in December 2016 that bans the sale of non-mesh crib
bumpers.\11\ Most recently, New York's governor signed into law
a bill prohibiting the sale of non-mesh crib bumpers.\12\
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\9\Council Bans Sale of Crib Bumper Pads in Chicago, Chicago
Tribune (Sept. 9, 2011).
\10\Maryland Department of Health, New Regulations Will Ban Crib
Bumpers in Maryland (Jan. 2013) (phpa.health.maryland.gov/mch/Pages/
crib-bumpers.aspx).
\11\Borough of Watchung, N.J., Ordinance No. 16/15 (Dec. 15, 2016).
\12\New York State, Governor Cuomo Signs Legislation Expanding
Infant Safety Measures (Aug. 13, 2019) (www.governor.ny.gov/news/
governor-cuomo-signs-legislation-expanding-infant-safety-measures).
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Current evidence does not show that mesh crib liners pose
the same risks of suffocation as padded crib bumpers.\13\ As a
result, H.R. 3170 specifically does not include mesh crib
liners and is intended to remove the risks of death or injuries
related to non-mesh crib bumpers.
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\13\Letter from Jennifer Loesch, Chief Executive Officer,
BreathableBaby, LLC, to Rep. Jan Schakowsky, Chairwoman, Subcommittee
on Consumer Protection and Commerce, House Committee on Energy and
Commerce and Rep. Cathy McMorris Rodgers, Ranking Member, Subcommittee
on Consumer Protection and Commerce, House Committee on Energy and
Commerce (June 13, 2015).
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III. COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 3170:
The Subcommittee on Consumer Protection and Commerce held
an oversight hearing on June 9, 2019. The hearing was entitled,
``Protecting Americans from Dangerous Products: Is the Consumer
Product Safety Commission Fulfilling Its Mission?'' The
Subcommittee received testimony from the CPSC commissioners and
others:
The Honorable Ann Marie Buerkle, Acting
Chairman, Consumer Product Safety Commission;
The Honorable Elliot F. Kaye, Commissioner,
Consumer Product Safety Commission;
The Honorable Robert S. Adler, Commissioner,
Consumer Product Safety Commission;
The Honorable Dana Baiocco, Commissioner,
Consumer Product Safety Commission;
The Honorable Peter A. Feldman,
Commissioner, Consumer Product Safety Commission;
Rachel Weintraub, Legislative Director and
General Counsel, Consumer Federation of America;
Nancy Cowles, Executive Director, Kids in
Danger; and
Remington A. Gregg, Counsel for Civil
Justice and Consumer Rights, Public Citizen.
The Subcommittee on Consumer Protection and Commerce held a
legislative hearing on June 13, 2019, on H.R. 3170, the ``Safe
Cribs Act of 2019'' and six other bills. The hearing was
entitled, ``Keeping Kids and Consumers Safe from Dangerous
Products.'' The Subcommittee received testimony from:
Will Wallace, Manager, Home & Products
Policy, Consumer Reports;
Crystal Ellis, Founding Member, Parents
Against Tip-Overs;
Chris Parsons, President, Minnesota
Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
IV. COMMITTEE CONSIDERATION
H.R. 3170, the ``Safe Cribs Act of 2019'', was introduced
in the House on June 10, 2019, by Reps. Schakowsky (D-IL),
Kelly (D-IL), and Rush (D-IL), and referred to the Committee on
Energy and Commerce. Subsequently, the bill was referred to the
Subcommittee on Consumer Protection and Commerce on June 11,
2019. Following hearings, the Subcommittee met in open markup
session, pursuant to notice, on July 10, 2019, for
consideration of H.R. 3170. An amendment offered by Mrs.
Rodgers (R-WA) was agreed to by a voice vote. Subsequently, the
Subcommittee on Consumer Protection and Commerce agreed to a
motion by Ms. Schakowsky, Chairwoman of the Subcommittee, to
forward favorably H.R. 3170, amended, to the full Committee on
Energy and Commerce by a voice vote.
On July 17, 2019, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 3170, as amended
by the subcommittee. During consideration there were no
amendments offered. Whereupon, the full Committee on Energy and
Commerce agreed to a motion by Mr. Pallone, Chairman of the
Committee, to order the bill H.R. 3170 reported favorably to
the House, as amended, by a voice vote, a quorum being present.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto. There were no recorded votes taken in
connection with consideration of H.R. 3170 or reporting the
bill thereto.
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, 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
prohibit the manufacture for sale, offer for sale, distribution
in commerce, or import of all non-mesh crib bumpers.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3170 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. 3170 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were 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
the ``Safe Cribs Act of 2019''.
Sec. 2. Prohibition on sale of crib bumpers
Section 2 establishes that 180 days after the date of
enactment of this Act, it shall be unlawful to manufacture for
sale, offer for sale, distribute in commerce, or import into
the United States any crib bumper. It also establishes that a
violation of this prohibition shall be treated as a violation
of section 19(a)(1) of the Consumer Product Safety Act (CPSA).
Accordingly, any violations will be subject to criminal and
civil penalties under CPSA. It also defines ``crib bumper'' as
any non-mesh material that is intended to cover the sides of a
crib to prevent injury to a crib occupant from impacts or to
prevent a crib occupant from getting any body part entrapped in
any opening, such as a padded crib bumper, a supported and
unsupported vinyl bumper guard, and vertical slat covers.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
3170.