[House Report 116-206]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-206
======================================================================
SAFE SLEEP FOR BABIES 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. 3172]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3172) to prohibit the manufacture for sale,
offer for sale, distribution in commerce, or importation into
the United States of any inclined sleeper for infants, 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..............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure5
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.............................6
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 Sleep for Babies Act of 2019''.
SEC. 2. PROHIBITION ON SALE OF INCLINED SLEEPERS FOR INFANTS.
(a) Prohibition on the Sale of Inclined Sleepers for Infants.--
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 inclined sleeper for infants.
(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) Inclined Sleeper for Infants Defined.--In this section, the term
``inclined sleeper for infants'' means a product with an inclined sleep
surface greater than ten degrees that is intended, marketed, or
designed to provide sleeping accommodations for an infant up to one
year old.
I. PURPOSE AND SUMMARY
H.R. 3172, the ``Safe Sleep for Babies Act of 2019'', was
introduced in the House on June 10, 2019, by Rep. Tony Cardenas
(D-CA) and referred to the Committee on Energy and Commerce.
H.R. 3172 would prohibit the manufacture for sale, offer for
sale, distribution in commerce, or importation into the United
States of any inclined sleeper for infants. Inclined sleepers
are defined as any product with an inclined sleep surface
greater than 10 degrees that is intended, marketed, or designed
to provide sleeping accommodations for an infant up to one year
of age. The bill would make violations of this prohibition
subject to civil and criminal penalties under the Consumer
Product Safety Act (CPSA).
II. BACKGROUND AND NEED FOR LEGISLATION
Infant inclined sleep products have grown in popularity in
recent years. These products position babies at an incline
greater than 10 degrees and are primarily intended and marketed
to provide sleeping accommodations for infants up to one year
of age.\1\ There is, however, consensus among pediatricians and
medical experts that infant inclined sleep products are
inherently unsafe and create an unreasonable risk of airway
compression and suffocation, which can result in injury or
death.\2\
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\1\Consumer Product Safety Commission, Safety Standard for Infant
Inclined Sleep Products, 82 Fed. Reg. 16963 (Apr. 7, 2017) (Notice of
Proposed Rulemaking).
\2\Consumer Reports, Inclined Sleeper Deaths Rise to 50 as Industry
Continues to Sell the Products (Aug. 8, 2019) (www.consumerreports.org/
child-safety/inclined-sleeper-deaths-rise-to-50-as-industry-continues-
to-sell-the-products/) (accessed Aug. 14, 2019).
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The inclined design of these sleep products conflict with
long-standing safe sleep recommendations by the American
Academy of Pediatrics\3\, the National Institutes of Health\4\,
the Centers for Disease Control and Prevention\5\, and the
Federal Maternal and Child Health Bureau\6\, which state that
babies should only sleep on their backs on a firm, flat surface
free of any extra soft bedding. Infant inclined sleep products
may require the use of restraints, which create additional
hazard patterns, including strangulation and entrapment.\7\
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\3\American Academy of Pediatrics, Sleep Position: Why Back is Best
(Feb. 28, 2012) (www.healthychildren.org/English/ages-stages/baby/
sleep/Pages/Sleep-Position-Why-Back-is-Best.aspx) (accessed Aug. 14,
2019).
\4\National Institutes of Health, About SIDS and Safe Infant Sleep
(safetosleep.nichd.nih.gov/safesleepbasics/about) (accessed Aug. 14,
2019).
\5\National Institutes of Health, Federal agencies express support
for updated safe infant sleep recommendations (Oct. 24, 2016)
(www.nih.gov/news-events/news-releases/federal-agencies-express-
support-updated-safe-infant-sleep-recommendations) (accessed Aug. 14,
2019).
\6\Id.
\7\Consumer Product Safety Commission, Safety Standard for Infant
Inclined Sleep Products, 82 Fed. Reg. 16963 (Apr. 7, 2017) (Notice of
Proposed Rulemaking); See note 2.
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Many parents and caregivers of babies with gastroesophageal
reflux or gastroesophageal reflux disease (GERD) use inclined
sleep products based on the incorrect notion that the inclined
sleep position alleviates the spitting up that accompanies
these conditions. However, joint international guidelines
issued by the North American Society of Pediatric
Gastroenterology, Hepatology, and Nutrition, and the European
Society for Pediatric Gastroenterology, Hepatology, and
Nutrition are clear that the use of positional therapy to treat
symptoms of GERD in sleeping infants is not recommended and may
worsen gastric reflux.\8\
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\8\Rachel Rosen et al., Pediatric Gastroesophageal Reflux Clinical
Practice Guidelines: Joint Recommendations of the North American
Society for Pediatric Gastroenterology, Hepatology, and Nutrition and
the European Society for Pediatric Gastroenterology, Hepatology, and
Nutrition, Journal of Pediatric Gastroenterology and Nutrition (Mar.
2018).
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To date, at least 50 babies have reportedly died in infant
inclined sleep products.\9\ Since April 2019, the Consumer
Product Safety Commission (CPSC) has recalled over five million
infant inclined sleep products, including products manufactured
by Fisher-Price,\10\ Kids II, Inc.,\11\ and Dorel Juvenile
Group USA,\12\ due to reports of deaths or safety concerns.
CPSC has also issued nine recalls involving infant inclined
sleep products between May 10, 2000, and March 1, 2016; these
recalls were conducted to resolve issues involving mold,
structural stability, entrapment, suffocation, falls, and
strangulation.\13\
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\9\See note 2.
\10\Consumer Product Safety Commission, Fisher-Price Recalls Rock-
n-Play Sleepers Due to Reports of Deaths (Apr. 12, 2019) (www.cpsc.gov/
Recalls/2019/fisher-price-recalls-rock-n-play-sleepers-due-to-reports-
of-deaths) (accessed Aug. 14, 2019); Consumer Product Safety
Commission, Fisher-Price Recalls Inclined Sleeper Accessory Included
with Ultra-Lite Day & Night Play Yards Due to Safety Concerns About
Inclined Sleep Products (Jun. 27, 2019) (cpsc.gov/Recalls/2019/Fisher-
Price-Recalls-Inclined-Sleeper-Accessory-Included-with-Ultra-Lite-Day-
Night-Play-Yards-Due-to-Safety-Concerns-About-Inclined-Slee-Products)
(accessed Aug. 14, 2019).
\11\Consumer Product Safety Commission, Kids II Recalls All Rocking
Sleepers Due to Reports of Deaths (Apr. 26, 2019) (www.cpsc.gov/
Recalls/2019/Kids-II-Recalls-All-Rocking-Sleepers-Due-to-Reports-of-
Deaths) (accessed Aug. 14, 2019).
\12\Consumer Product Safety Commission, Dorel Juvenile Group USA
Recalls Inclined Sleepers Due to Safety Concerns About Inclined Sleep
Products (Jul. 31, 2019) (www.cpsc.gov/Recalls/2019/Dorel-Juvenile-
Group-USA-Recalls-Inclined-Sleepers-Due-to-Safety-Concerns-About-
Inclined-Sleep-Products) (accessed Aug. 14, 2019).
\13\See note 1.
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Despite these recalls, many infant inclined sleep products
by other manufacturers remain on the market.\14\ H.R. 3172 is
needed to remove this deadly category of products from the
market--especially since parents and caregivers may not know
that these products are not safe for babies and that the grave
risk of death or injury outweighs any perceived benefit. This
legislation would prohibit the manufacture for sale, offer for
sale, distribution in commerce, or import of inclined sleepers
for infants, to prevent further death or catastrophic injury of
newborns and infants.
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\14\See note 2.
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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. 3172:
The Subcommittee on Consumer Protection and Commerce held a
general hearing on April 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 members of the CPSC and
other consumer organizations:
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. 3172, the ``Safe
Sleep for Babies 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. 3172, the ``Safe Sleep for Babies Act of 2019'', was
introduced in the House on June 10, 2019, by Rep. Cardenas (D-
CA) 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. 3172. An
amendment by Mr. Pallone on behalf of Mr. Cardenas, # 1, 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. 3172, 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. 3172, as amended
by the subcommittee (Subcommittee Print of H.R. 3172). During
markup of the bill, no amendments were offered. At the
conclusion of consideration of the bill, the full Committee on
Energy and Commerce agreed to a motion by Mr. Pallone, Chairman
of the Committee, to order the bill H.R. 3172 reported
favorably to the House, as amended, by a voice vote, a quorum
being present.
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.
There were no recorded votes taken in connection with ordering
H.R. 3172 reported or on any amendments to the bill.
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 importation into the United States of any
inclined sleeper for infants.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3172 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. 3172 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 Sleep for Babies Act''.
Sec. 2. Prohibition on sale of inclined sleepers for infants
Section 2 establishes that 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 inclined sleeper for
infants. 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. Accordingly, any violations
will be subject to criminal and civil penalties under CPSA. It
also defines ``inclined sleeper for infants'' as a product with
an inclined sleep surface greater than 10 degrees that is
intended, marketed, or designed to provide sleeping
accommodations for an infant up to one year of age.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
3172.
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