Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                        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.