[Senate Report 117-62]
[From the U.S. Government Publishing Office]
Calendar No. 226
117th Congress } { Report
SENATE
2d Session } { 117-62
_______________________________________________________________________
SAFE CRIBS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1259
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 1, 2022.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
29-010 WASHINGTON : 2022
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventeenth congress
second session
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West Virginia
RAPHAEL WARNOCK, Georgia RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Melissa Porter, Acting Staff Director
John Keast, Minority Staff Director
Calendar No. 226
117th Congress } { Report
SENATE
2d Session } { 117-62
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SAFE CRIBS ACT
_______
February 1, 2022.--Ordered to be printed
_______
Ms. Cantwell, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1259]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1259) to provide that crib
bumpers shall be considered banned hazardous products under
section 8 of the Consumer Product Safety Act, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 1259 is to make it unlawful to
manufacture, sell, or otherwise distribute crib bumpers because
they present an unreasonable risk of injury, and no feasible
consumer product safety standard could adequately protect the
public from the unreasonable risk of injury associated with
these dangerous products. The bill provides that crib bumpers
are considered banned hazardous products under section 8 of the
Consumer Product Safety Act.\1\ The bill applies to padded crib
bumpers, supported and unsupported vinyl bumper guards,
vertical crib slat covers, and any material that is intended to
cover the sides of a crib to prevent injury. The bill does not
apply to non-padded mesh crib liners.
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\1\Public Law 92-573, 86 Stat. 1207 (1972) (codified as amended at
15 U.S.C. 2051-2089).
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BACKGROUND AND NEEDS
Crib bumpers are infant bedding accessories that attach to
the interior perimeter of a crib and serve as a barrier between
the infant and the sides of the crib.\2\ Although product
designs may vary, the most common type of crib bumper consists
of one or more rectangular fabric panels, constructed of cotton
or polyester, with filling material for padding and with
fasteners to attach to a crib.\3\ Crib bumpers are marketed to
parents and caregivers as products that improve the visual
appeal of a baby's sleeping area while preventing babies from
bumping their heads or getting their arms or legs caught in the
rails of a crib. However, existing research and evidence
demonstrate that crib bumpers pose an unreasonable risk to the
safety of infants and babies.
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\2\U.S. Consumer Product Safety Commission, Proposed Rule: Safety
Standard for Crib Bumpers/Liners under the Danny Keysar Child Product
Safety Notification Act, March 3, 2020 (https://www.cpsc.gov/s3fs-
public/RCA%20-%20Proposed%20Rule%20-%20Safety%20Standard
%20for%20Crib%20Bumpers-
Liners%20under%20the%20Danny%20Keysar%20Child%20Product
%20Safety%20Notification%20Act.pdf?_JyBRdLJyRf3HSQF1QWFnI9IdEeNMz1c).
\3\Ibid.
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The Journal of Pediatrics published research in 2016
concluding that ``none of the proposed benefits outweigh well-
established evidence that crib bumpers can cause deaths and
serious injuries.''\4\ The purpose of this study was ``to
identify the extent to which clutter in the crib is the cause
of infant deaths based on new information and an update of the
study of Thach et al and provide a new analysis of nonfatal
bumper-related incidents to document the extent of the problem
more fully.''\5\ The authors concluded:
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\4\NJ Scheers et al., ``Crib Bumpers Continue to Cause Infant
Deaths: A Need for a New Preventive Approach,'' The Journal of
Pediatrics, vol. 169 (February 2016), p. 93-97.E1 (https://doi.org/
10.1016/j.jpeds.2015.10.050).
\5\Ibid.
Our analysis of 48 deaths found that most of the deaths were caused by
the bumper alone and would have been prevented if a bumper had not been
in the crib. Although the cribs were not free of other objects (e.g.,
comforters, blankets, pillows, toys), this clutter was not in contact
with or near the infants' nose and mouth in approximately 67% of the
deaths.\6\
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\6\Ibid.
According to an updated study published in the May 2021
issue of Pediatrics, the official journal of the American
Academy of Pediatrics, there were 4,929 sudden unexplained
infant deaths (SUID) in the United States between 2011 and
2017.\7\ Of those, 72 percent of the deaths occurred in an
unsafe sleep environment.\8\ Furthermore, approximately 75
percent of infant deaths due to possible suffocation resulted
from airway obstruction attributed to soft bedding.\9\
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\7\Sharyn E. Parks et al., ``Explaining Sudden Unexpected Infant
Deaths, 2011-2017,'' Pediatrics, May 2021 (https://
pediatrics.aappublications.org/content/147/5/e2020035873).
\8\Ibid.
\9\Ibid.
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The Consumer Product Safety Commission (CPSC) identified
113 fatal incidents associated with crib bumpers (i.e., cases
in which a crib bumper was present in the sleep environment)
reported to have occurred from January 1, 1990, through March
31, 2019.\10\ According to the CPSC, a number of reports
indicated that, in addition to a crib bumper being present, the
sleeping environment contained multiple additional items, such
as pillows, blankets, and stuffed dolls--all of which elevate
the risk of infants dying by asphyxia, suffocation, or
SUID.\11\ Consequently, the CPSC determined that in many of
these incidents, it was unclear what role, if any, the crib
bumper played in the death of the child.\12\
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\10\U.S. Consumer Product Safety Commission, Proposed Rule: Safety
Standard for Crib Bumpers/Liners under the Danny Keysar Child Product
Safety Notification Act, March 3, 2020 (https://www.cpsc.gov/s3fs-
public/RCA%20-%20Proposed%20Rule%20-%20Safety%20Standard
%20for%20Crib%20Bumpers-
Liners%20under%20the%20Danny%20Keysar%20Child%20Product
%20Safety%20Notification%20Act.pdf?_JyBRdLJyRf3HSQF1QWFnI9IdEeNMz1c).
\11\Ibid.
\12\Ibid.
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The CPSC identified 83 non-incidental reported fatalities
out of the 113 fatal incidents and organized the incidents by
hazard scenarios, making the following determinations: in 44
reported fatalities, the child was found wedged or entrapped
against the bumper; in 27 reported fatalities, the child was
reportedly in contact with, but not entrapped or wedged
against, the crib bumper; in 7 reported fatalities, the child
was found in contact with a crib bumper but the fatality report
lacked detail to confirm if the child was killed as a result of
being entrapped or wedged against the bumper (the report often
describes the child being found with his or her face between
the mattress and the crib bumper); and in 5 of the reported
fatalities, the child was in contact with a crib bumper outside
a crib.\13\
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\13\Ibid.
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Five consumer-level recalls were conducted during that
period to mitigate against risks of entanglement, entrapment,
suffocation, and choking from loose threads (e.g., unraveling
ties, breaking threads and seams) from the crib bumper.\14\ The
CPSC also granted a petition for a rulemaking to distinguish
hazardous pillow-like crib bumpers from nonhazardous
traditional crib bumpers in 2013.\15\ To date, however, the
CPSC has failed to promulgate a crib bumper rule under its
existing authorities, including sections 7 and 9 of the
Consumer Product Safety Act.
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\14\Ibid.
\15\Consumer Product Safety Commission, Docket No. CPSC-2019-0033,
CPSC Forum on Crib Bumpers, Federal Register, vol. 84, no. 230,
November 29, 2019 (https://www.govinfo.gov/
content/pkg/FR-2019-11-29/pdf/2019-25890.pdf).
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Since 2007, the American Academy of Pediatrics has
recommended that parents and caregivers avoid crib bumpers.\16\
The National Institutes of Health also advises against the use
of crib bumpers,\17\ and the U.S. Centers for Disease Control
and Prevention warn parents and caregivers to keep crib bumpers
out of a baby's sleep area because of the risks associated with
SUID.\18\ Despite this clear guidance, padded crib bumpers
remain widely sold and may even be bundled as part of infant
bedding sets.
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\16\Allison Bond, ``Crib Bumpers in the Night: a Hazard to
Infants,'' AAP News, January 2008 (https://www.aappublications.org/
content/29/1/28.2).
\17\Yvonne T. Maddox, ``NIH Statement on the New Crib Safety
Standards,'' National Institutes of Health, June 27, 2011 (www.nih.gov/
news-events/news-releases/nih-statement-new-crib-safety-standards).
\18\Centers for Disease Control and Prevention, ``Sudden Unexpected
Infant Death and Sudden Infant Death Syndrome: Parents and
Caregivers,'' September 30, 2020 (https://www.cdc.gov/sids/Parents-
Caregivers.htm).
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A 2020 Johns Hopkins Bloomberg School of Public Health
survey regarding public opinion on the sale of crib bumpers
found that many consumers appear to interpret the commercial
availability of crib bumpers as evidence that the product is
safe for infants and babies.\19\
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\19\Andrea Gielen and Joshua Sharfstein, ``Public Opinion on the
Sale of Crib Bumpers,'' JAMA Network Open, June 18, 2020 (https://
jamanetwork.com/journals/jamanetworkopen/fullarticle/2767257).
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Current evidence does not indicate that non-padded mesh
crib liners pose an equivalent danger as crib bumpers, and such
products, to date, have not been found to cause deaths and
serious injuries in infants and babies. Accordingly, S. 1259
does not address non-padded mesh crib liner products.
LEGISLATIVE HISTORY
S. 1259 was introduced on April 20, 2021, by Senator
Duckworth (for herself and Senators Portman and Blumenthal) and
was referred to the Committee on Commerce, Science, and
Transportation of the Senate. On April 28, 2021, the Committee
met in open Executive Session and, by voice vote, ordered S.
1259 reported favorably without amendment.
In the 116th Congress, the U.S. House of Representatives
agreed to a motion to suspend the rules and pass H.R. 3172,
Safe Sleep for Babies Act of 2019, as amended, by voice vote on
December 16, 2019. Section 3 (banning crib bumpers) of H.R.
3172, as amended and passed by the U.S. House of
Representatives, contained identical language to S. 1259.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 14, 2021.
Hon. Maria Cantwell,
Chairwoman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1259, the Safe Cribs
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ryan
Greenfield.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1259 would ban the manufacture or sale of crib bumpers
(defined as padded material that surrounds the slats of the
crib). Based on information provided by the Consumer Safety
Product Commission and the cost of similar activities, CBO
estimates that staff costs associated with enforcing the ban
would total less than $500,000 over the 2021-2026 period; any
spending would be subject to the availability of appropriated
funds.
The bill would impose a private-sector mandate as defined
in the Unfunded Mandates Reform Act (UMRA) by prohibiting the
sale of crib bumpers. The cost of the mandate would include the
value of foregone income from the sales of the prohibited
products. Several state and local jurisdictions currently
prohibit the sale of crib bumpers. Based on available
information about the price of crib bumpers and the extent of
their use, CBO estimates that the cost of the mandate would
fall below the annual threshold for private-sector mandates
established in UMRA ($170 million in 2021, adjusted annually
for inflation).
S. 1259 contains no intergovernmental mandates as defined
in UMRA.
The CBO staff contacts for this estimate are Ryan
Greenfield (for federal costs) and Andrew Laughlin (for
mandates). The estimate was reviewed by Leo Lex, Deputy
Director of Budget Analysis.
REGULATORY IMPACT STATEMENT
Because S. 1259 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section would provide that the bill may be cited as
the ``Safe Cribs Act''.
Section 2. Banning of crib bumpers
Paragraph (a) establishes that not later than 180 days
after the date of enactment, crib bumpers, regardless of the
date of manufacture, shall be considered a banned hazardous
product under section 8 of the Consumer Product Safety Act.
Paragraph (b) defines the term ``crib bumper'' to exclude
non-padded, mesh crib liners and to include padded crib
bumpers; supported and unsupported vinyl bumper guards;
vertical crib slat covers; and 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 body part
entrapped in any opening.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
[all]