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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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \14\See note 2.
---------------------------------------------------------------------------

                        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.

                                  [all]