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[DOCID: f:s538is.txt]






107th CONGRESS
  1st Session
                                 S. 538

       To provide for infant crib safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2001

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
       To provide for infant crib safety, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 makes the following findings:
            (1) The disability and death of infants resulting from 
        injuries sustained in crib incidents are a serious 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 unattended 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 12,000 children ages 2 and under 
        are injured in cribs seriously enough to require hospital 
        treatment.
            (4) Each year at least 50 children ages 2 and under die 
        from injuries sustained in cribs.
            (5) The United States Consumer Product Safety Commission 
        estimates that the cost to society resulting from deaths due to 
        cribs is at least $225,000,000 per year.
            (6) Secondhand, hand-me-down, and heirloom cribs pose a 
        special problem. There are nearly 4 million 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 inadequate to 
        deal with the hazard presented by secondhand, hand-me-down, or 
        heirloom cribs.
            (9) Prohibiting the contracting to sell, resell, lease, 
        sublease of unsafe cribs that 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) Purpose.--The purpose of this Act is to prevent the occurrence 
of injuries and deaths to infants as a result of unsafe cribs by making 
it illegal--
            (1) to manufacture, sell, or contract to sell any crib that 
        is unsafe for any infant using it; or
            (2) to resell, lease, sublet, or otherwise place in the 
        stream of commerce, after the effective date of this Act, any 
        unsafe crib, particularly any unsafe secondhand, hand-me-down, 
        or heirloom crib.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Commercial user.--The term ``commercial user'' means 
        any person--
                    (A) who manufactures, sells, or contracts to sell 
                full-size cribs or nonfull-size cribs; or
                    (B) who--
                            (i) deals in full-size or nonfull-size 
                        cribs that are not new or who otherwise by 
                        one's occupation holds oneself out as having 
                        knowledge or skill peculiar to full-size cribs 
                        or nonfull-size cribs, including child care 
                        facilities and family child care homes; or
                            (ii) is in the business of contracting to 
                        sell or resell, lease, sublet, or otherwise 
                        placing in the stream of commerce full-size 
                        cribs or nonfull-size cribs that are not new.
            (2) Crib.--The term ``crib'' means a full-size crib or 
        nonfull-size crib.
            (3) Full-size crib.--The term ``full-size crib'' means a 
        full-size baby crib as defined in section 1508.1 of title 16 of 
        the Code of Federal Regulations.
            (4) Infant.--The term ``infant'' means any person less than 
        35 inches tall or less than 2 years of age.
            (5) Nonfull-size crib.--The term ``nonfull-size crib'' 
        means a nonfull-size baby crib as defined in section 1509.2(b) 
        of title 16 of the Code of Federal Regulations (including a 
        portable crib and a crib-pen described in paragraph (2) of 
subsection (b) of that section).

SEC. 4. PROHIBITIONS.

    (a) In General.--It shall be unlawful for any commercial user--
            (1) to manufacture, sell, or contract to sell, any full-
        size crib or nonfull-size crib that is unsafe for any infant 
        using it; or
            (2) to sell, contract to sell or resell, lease, sublet, or 
        otherwise place in the stream of commerce, any full-size or 
        nonfull-size crib that is not new and that is unsafe for any 
        infant using the crib.
    (b) Lodgings.--It shall be unlawful for any hotel, motel, or 
similar transient lodging facility to offer or provide for use or 
otherwise place in the stream of commerce, on or after the effective 
date of this Act, any full-size crib or nonfull-size crib that is 
unsafe for any infant using it.

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 Regulations.
            (2) Part 1509 (commencing with section 1509.1) of title 16 
        of the Code of Federal Regulations.
            (3) Part 1303 (commencing with section 1303.1) of title 16 
        of the Code of Federal Regulations.
            (4) American Society for Testing Materials Voluntary 
        Standard F.406.
            (5) American Society for Testing Materials Voluntary 
        Standards F966.
            (6) American Society for Testing Materials Voluntary 
        Standards F1169.
            (7) American Society for Testing Materials Voluntary 
        Standards F1822.
            (8) Any regulations or standards that are adopted in order 
        to amend or supplement the regulations described in paragraphs 
        (1) through (7).

SEC. 6. EXCEPTIONS.

    This Act shall not apply to a full-size crib or nonfull-size crib 
that is not intended for use by an infant, including a toy or display 
item, if at the time it is manufactured, made subject to a contract to 
sell or resell, leased, subletted, or otherwise placed in the stream of 
commerce, as applicable, it is accompanied by a notice to be furnished 
by each commercial user declaring that the crib is not intended to be 
used for an infant and is dangerous to use for an infant.

SEC. 7. ENFORCEMENT.

    (a) Civil Penalty.--Any commercial user, hotel, motel, or similar 
transient lodging facility that knowingly violates section 4 is subject 
to a civil penalty not exceeding $1,000.
    (b) Injunction.--Any person may bring an action in a district court 
of the United States against any commercial user, hotel, motel, or 
similar transient lodging facility to enjoin any act or omission that 
violates section 4, and for reasonable attorneys fees and costs 
incurred in bringing the action.

SEC. 8. REMEDIES.

    Penalties or other remedies available under this Act are in 
addition to any other fines, penalties, remedies, or procedures under 
any other provision of law.

SEC. 9. EFFECTIVE DATE.

    This Act shall become effective 90 days after the date of its 
enactment.
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