I
106TH CONGRESS
1ST SESSION
H. R. 2486
To provide for infant crib safety, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1999
Mrs. TAUSCHER (for herself, Mr. GREENWOOD, Mr. BARRETT of Wisconsin,
Ms. CARSON, Mr. ENGLISH, Mr. FARR of California, Ms. JACKSON-LEE
of Texas, Ms. KILPATRICK, Mr. KUCINICH, Ms. LEE, Mrs. MALONEY of
New York, Ms. MILLENDER-MCDONALD, Mrs. MORELLA, Ms. NORTON,
Ms. PELOSI, Mr. RANGEL, Mr. SANDLIN, Mr. THOMPSON of Mississippi,
Mrs. THURMAN, and Mr. WAXMAN) introduced the following bill; which
was referred to the Committee on Commerce
A BILL
To provide for infant crib safety, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Infant Crib Safety
Act.’’.
SEC. 2. FINDINGS, PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) The disability and death of infants resulting
from injuries sustained in crib incidents are a seri-
ous threat to the public health, welfare, and safety
of people of this country.
(2) The design and construction of a baby crib
must ensure that it is safe to leave an infant unat-
tended for extended periods of time. A parent or
caregiver has a right to believe that the crib in use
is a safe place to leave an infant.
(3) Each year more than 9,000 children ages 4
and under are injured in cribs seriously enough to
require hospital treatment.
(4) Each year at least 45 children ages 4 and
under die from injuries sustained in cribs.
(5) The United States Consumer Product Safe-
ty Commission estimates that the cost to society re-
sulting from deaths due to cribs is 225 million dol-
lars per year.
(6) Secondhand, hand-me-down, and heirloom
cribs pose a special problem. There are nearly 4 mil-
lion infants born in this country each year, but only
one million new cribs sold. As many as 2 out of 4
infants are placed in secondhand, hand-me-down, or
heirloom cribs.
(7) Most crib deaths occur in secondhand,
hand-me-down, or heirloom cribs.
(8) Existing State and Federal legislation is in-
adequate to deal with the hazard presented by sec-
ondhand, hand-me-down, or heirloom cribs .
(9) Prohibiting the contracting to sell, resell,
lease, sublease of unsafe cribs which are not new, or
otherwise place in the stream of commerce unsafe
secondhand, hand-me-down, or heirloom cribs, will
prevent injuries and deaths caused by cribs.
(b) PURPOSES.—The purpose of this Act is to pre-
vent the occurrence of injuries and deaths to infants as
a result of unsafe cribs by making it illegal to manufac-
ture, sell, or contract to sell any crib which is unsafe for
any infant using the crib and to resell, lease, sublet, or
otherwise place in the stream of commerce, after the effec-
tive date of this Act, any crib which is not new and which
is unsafe for any infant using the crib.
SEC. 3. DEFINITIONS.
As used in this title:
(1) INFANT.—The term ‘‘infant’’ means any
person less than 35 inches tall or less than 2 years
of age.
(2) CRIB.—The term ‘‘crib’’ means a bed de-
signed to provide a sleeping accommodation for an
infant.
(3) FULL-SIZE CRIB.—The term ‘‘full-size crib’’
means a full-size crib as defined in section 1508.1
of title 16 of the Code of Federal Regulations and
regarding the requirements for full-size cribs.
(4) NON FULL-SIZE CRIB.—The term ‘‘non-full
size crib’’ means a non-full size crib as defined in
section 1509.2(b) of title 16 of the Code of Federal
Regulations and American Society for Testing Mate-
rials Voluntary Standards F. 1822 regarding the re-
quirements for non full-size cribs.
(5) COMMERCIAL USER.—The term ‘‘commer-
cial user’’ means any person—
(A) who manufactures, sells, or contracts
to sell full-size or non full-size cribs; or
(B) who deals in full-size or non full-size
cribs which are not new or who otherwise by
one’s occupation holds oneself out as having
knowledge or skill peculiar to the full-size or
non full-size cribs, including child care facilities
and family child care homes, or any person who
is in the business of contracting to sell or resell,
lease, sublet, or otherwise placing in the stream
of commerce full-size or non full-size cribs
which are not new.
SEC. 4. PROHIBITIONS.
(a) IN GENERAL.—It shall be unlawful for any com-
mercial user—
(1) to manufacture, sell, or contract to sell, on
or after the effective date of this Act, any full-size
or non full-size crib which is unsafe for any infant
using the crib; or
(2) to sell, contract to sell or resell, lease, sub-
let, or otherwise place in the stream of commerce, on
or after the effective date of this Act, any full-size
or non full-size crib which is not new and which is
unsafe for any infant using the crib.
(b) LODGINGS.—It shall be unlawful for any hotel,
motel and similar transient lodging facility to offer or pro-
vide for use or otherwise place in the stream of commerce,
on or after the effective date of this Act, any full-size or
non full-size crib which is unsafe for any infant using the
crib.
SEC. 5. CRIB STANDARDS.
A crib shall be presumed to be unsafe under this Act
if it does not conform to all of the following:
(1) Part 1508 (commencing with section
1508.1) of title 16 of the Code of Federal Regula-
tions;