Thursday, April 18, 2019

ROBOCOP Act to Require Free Robocall Blocking Technology Introduced

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by: Jackie Speier (D-CA, 14th)

Washington, D.C. - April 18, 2019 - (The Ponder News) -- Congresswoman Jackie Speier (D-CA) was joined by 14 of her colleagues in the House of Representatives last week to introduce H.R. 2298, the ROBOCOP (Repeated Objectionable Bothering of Consumers on Phones) Act. This bicameral legislation would finally require telephone companies to offer free robocall blocking services to all their customers. Senator Richard Blumenthal (D-CT) has introduced the companion bill in the U.S. Senate.

An estimated 22.1 million Americans lost $9.5 billion to Robocall scams in 2016, according to a 2017 study. This epidemic of telephonic harassment skyrocketed in 2018, with the number of robocalls made to Americans exceeding 16.3 billion in the first five months of that year. And thus far efforts like the Do Not Call Registry have had little to no impact, particularly when it comes to scams and call centers located outside of the United States.

“Seldom a day goes by that I am not barraged with calls at home and on my cell phone from automated call services and scam artists. I recently received a call from a con artist claiming to work for the Social Security Administration claiming that there was a problem with my status. These schemes rob Americans, often the most vulnerable among us, of billions of dollars every year,” Rep. Speier said. “It’s clear that the Do Not Call Registry has not solved this problem and Congress can no longer wait for the FCC or telephone companies to take the necessary action. I urge the House and Senate to swiftly take up and pass the ROBOCOP Act.”

“The increase in disruptive and harassing robocalls is out of control. Consumers are demanding that we take action, which is why I’m proud to join Congresswoman Speier in introducing the ROBOCOP Act to help cut down on this vicious onslaught of scam and spam messages by requiring phone companies provide robocall blocking tech and verify that caller IDs are accurate” Sen. Blumenthal said.

The ROBOCOP Act would:

  • Direct the Federal Communications Commission (FCC) to require telecom companies to verify that caller ID is accurate.
  • Provide an exception for consumers with a legitimate need for altered caller ID, such as medical offices and domestic violence shelters.
  • Direct the FCC to require telecom companies to offer consumers optional, free robocall-blocking technology.
  • The technology would not block public safety entities and calls that the consumer consents to receive (e.g., notifications from school districts about closings and messages from doctor’s offices and law enforcement alerts).
  • Give consumers a private right of legal action against telecom companies that violate this statute.
  • Require the FCC, in consultation with the Federal Trade Commission (FTC), to provide a public report every four years to help determine whether the new rules have successfully reduced unwanted calls.
  • Authorize the FCC to create a nationwide unblocking system that will ensure consumers are in control of the calls and text messages they receive.

  • Rep. Speier’s bill has 14 cosponsors and has the support of Consumer Reports.

    “The ROBOCOP Act would provide sorely-needed relief from unwanted robocalls, a top consumer complaint. This legislation would address ‘spoofed’ calls that scammers so often use to evade call-blocking services and enforcement efforts, as well as the growing problem of unwanted text messages,” said Maureen Mahoney, Policy Analyst, Consumer Reports. “Consumer Reports commends Congresswoman Speier and Senator Blumenthal for their leadership in addressing this issue and urges Congress to take this measure up quickly.”

    The cosponsors of Rep. Speier’s bill are: Representatives Steven Cohen (D-TN), Jim Cooper (D-TN), Eliot Engel (D-NY), Raúl Grijalva (D-ZA), Zoe Lofgren (D-CA), James McGovern (D-MA), Eleanor Holmes Norton (D-DC), Chellie Pingree (D-ME), Jamie Raskin (D-MD), Tim Ryan (D-OH), Brad Sherman (D-CA), Thomas R. Suozzi (D-NY), Peter Visclosky (D-IN), and Frederica Wilson (D-FL).

    Click here for a copy of the bill text.

    The Mueller Report: Read it for yourself

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    by: Ross Spano (R-FL, 15th)

    Lakeland, FL - April 18, 2019 - (The Ponder News) -- U.S. Representative Ross Spano (FL-15) released the following statement regarding the release of the ‘Mueller Report’ to Congress and the general public:

    “I applaud Attorney General Barr releasing the Mueller report for the American people to read and make up their own mind. It’s time to put this collusion delusion aside and work together in the best interest of the American people.”

    To read the released report, click HERE.

    See Also:

    Mueller Report: We Need the Truth and Nothing But

    Mueller Report Shows U.S. Democracy Under Fire

    Barrasso Statement on Release of Special Counsel’s Report

    BILLS HOLDING FEDERAL EMPLOYEES ACCOUNTABLE FOR MISCONDUCT INTRODUCED

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    by: Lloyd Smucker (R-PA, 16th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- This week, U.S. Reps. Lloyd Smucker (R-Pa.) and Francis Rooney (R-Fla.) introduced legislation to hold federal agency employees accountable for misconduct.

    The two introduced the Department of Labor Accountability Act and the Department of Education Whistleblower Protection Act, which give the two departments more authority to discipline or fire employees who have engaged in misconduct and would shorten the appeals process which often lasts several years. The bills also grant the department Secretary the authority to revoke bonuses for underperforming employees and in some cases would reduce the pensions of executive-level employees disciplined by the department.

    “Employees deserve proper protections and the freedom to report misconduct – and employees at fault shouldn’t be receiving bonuses after behaving badly,” Smucker said. “This bill is a step to end the bureaucratic status quo resisting reforms and rewarding bad actors for their poor behaviors.”

    “We must make sure that federal agencies have the tools to hold their employees accountable in order to safeguard taxpayer dollars against waste and fraud,” Rooney said. “This legislation provides these tools by allowing the Secretaries of Education and Labor to dismiss or discipline bad employees based on performance or misconduct. Our agencies must be able to address the bad actors that are not working in the best interest of the American people.”

    Accountability is a priority of President Donald Trump, who has publicly voiced his support for promoting accountability within federal agencies.

    Smucker and Rooney previously introduced these bills in the 115th Congress, when the House passed the Department of Veterans Affairs Accountability and Whistleblower Protection Act by a bipartisan vote of 368-55. Another bill, the Department of Homeland Security FIRM Act, was included in the DHS reauthorization bill signed into law last year.

    During Week after Tax Day, Smith and NJ Charitable Groups Stress Need for Legislative Solution

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    by: Chris Smith (R-NJ, 4th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- During the week after Tax Day 2019, Rep. Chris Smith (R-NJ) was joined by NJ charitable and philanthropic organizations in advocating for his new bipartisan legislation to give taxpayers maximum flexibility to make tax-deductible charitable contributions.

    “In the first tax year since the 2017 tax law was enacted, we’ve already seen reports of a decline in the number of donors to charitable causes,” Smith said. “We need to fix the tax code to help make charitable giving affordable for every taxpayer, and my legislation provides that remedy.”

    Smith’s bill, the Charitable Giving Tax Deduction Act (H.R. 651)—cosponsored by lead Democrat Rep. Henry Cuellar (D-TX)—would allow charitable deductions to be universal and “above-the-line,” giving everyone the authority to deduct charitable donations from their taxes whether or not they itemize.

    “Charitable organizations perform so many vital services for those in need, and we must ensure they have the necessary support to continue their work,” Smith said. “Restoring opportunities for tax-deductible charitable giving would assist soup kitchens, homeless shelters, recovery programs, and so many other worthy causes.”

    Initial reports indicate that the total dollar amount of charitable donations in 2018 did not increase with the rate of inflation. Large dollar donations are doing okay but there is concern that relying only on large donations is not sustainable, especially since there was a decline in both the overall number of donors and the number of donations less than $1,000.

    NJ charitable and philanthropic organizations are supporting Smith’s bill:

    “The Council of New Jersey Grantmakers supports the Charitable Giving Tax Deduction Act introduced by Congressman Smith,” stated Theresa Jacks, Deputy Director of the Council of New Jersey Grantmakers. “By making the charitable deduction available to all taxpayers, H.R. 651 will help mitigate a situation created by the 2017 tax law that is expected to cause a significant reduction in charitable contributions. The nonprofit sector is critically important to our society and is a key driver of the economy. The universal charitable deduction bill that Congressman Smith is sponsoring would democratize giving for all taxpayers. This is common-sense public policy that will help nonprofits and the communities they serve, which in turn helps our state and nation to thrive.”

    “As the 2019 Tax season comes to a close, many middle class individuals and families are seeing for the first time that their charitable donations may no longer provide the same benefit because of the provisions contained in the 2017 tax law,” stated James King of the Office for Social Concerns of the New Jersey Catholic Conference.

    “New Jersey Catholic Charities agencies assist hundreds of thousands of individuals and families struggling to make ends meet. A substantial percentage of Catholic Charities operating budget comes from charitable donations. Now with the charitable deduction no longer a viable option for middle class individuals and families, non-profits like Catholic Charities could face unnecessary harm to their operating budget.”

    “The New Jersey Catholic Conference thanks Congressman Smith for introducing H.R. 651, the ‘Charitable Giving Tax Deduction Act.’ If signed into law, Congressman Smith’s bill would restore this tax benefit for the middle class and protect a vital source of revenue required for non-profits to sustain their operations serving those most in need.”

    “Non profit organizations survive thanks to important donations from individuals,” said Adam Philipson, CEO and President of the Count Basie Center for the Arts. “If donations are not recognized as above-the-line, itemized deductions it will discourage philanthropy. Congressman Smith's Charitable Giving Tax bill restores the ability to receive those deductions and allows us to do the important work of not for profits.”

    “The Center for Non-Profits is grateful to Congressman Chris Smith and Congressman Henry Cuellar for sponsoring H.R. 651, which would create a universal income tax deduction for charitable gifts,” stated Linda M. Czipo, President & CEO of the Center for Non-Profits. “The charitable community is vital to a vibrant economy and strong quality of life. Although more and more people are turning to charities for help, the funding needed by charities has failed to keep pace with this growing demand. With the increase in the standard deduction, the 2017 federal tax law has made this challenge even harder by drastically curtailing the number of taxpayers who can deduct their charitable gifts, resulting in a precipitous projected drop in giving. H.R. 651 would address this dire situation by allowing generous taxpayers of all income levels to deduct their charitable donations. This important bill will help to strengthen the ability of charities to provide essential programs and services in our communities.”

    “The New Jersey Alliance of YMCAs thanks Rep. Smith for his commitment to encourage and empower Americans to support their communities through charitable giving. We support his efforts to preserve and expand charitable giving, and applaud introduction of The Charitable Giving Tax Deduction Act, H.R. 651,” stated Dr. Darrin Anderson, Executive Director of the NJ YMCA State Alliance.

    “Not only is a universal charitable deduction a more fair and inclusive approach than current law, research has consistently shown that people give more when the tax code supports giving. The YMCA offers our support and is willing to work with Rep. Smith and other members of Congress to enact a universal charitable deduction that maximizes charitable giving. America is stronger when everyone has the opportunity to give, to get involved, and to strengthen their communities.”

    Congressman Brad Sherman Responds to White House with Deeply Personal Confession

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    by: Brad Sherman (D-CA, 30th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- White House Press Secretary Sarah Sanders’ comments Sunday morning that no member of the House of Representatives would be “smart enough” to understand President Trump’s tax returns really hit home for me. They compel me to reveal something about myself that I have long concealed for fear I would be judged, shamed and ostracized.

    From a very young age, I’ve known I was different. Where other children admired singers and athletes, I found myself stirred by a well-balanced double-entry ledger. When I opened a lemonade stand, not only did I debate whether I should sell cookies, I struggled as to whether it should be operated on a cash or accrual basis. While watching the Oscars, I yawned through the speeches and awards waiting for that sweet, sweet moment when the representatives of Price, Waterhouse appeared. “Someday,” I whispered to myself, “that will be me.”

    You see… I’m an accountant.

    And not just a regular accountant. I am a Certified Public Accountant.

    For too long, stigma has kept us in the shadows. We have denied ourselves what should be the right of every person — to live our truth publicly and proudly.

    You probably know an accountant, even if they are not “out.” We are your family, members of your church, parents at your school and, yes, the people who do your taxes.

    Who is responsible for Sarah Sanders not knowing that there are accountants in the House? I am. But that ends today.

    America, I am Brad Sherman, CPA. The “P” stands for “public,” and that’s what I’m going to be from now on.

    Congressman Brad Sherman chairs the bipartisan and bicameral CPA and accountants caucus. He is also the former head of the nation’s second largest tax agency in California.


    Shalala and Pallone Introduce Comprehensive Legislation to Address Youth Tobacco Epidemic

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    by: Donna E. Shalala (D-FL, 27th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- Energy and Commerce Chairman Frank Pallone, Jr. (D-NJ) and Rep. Donna Shalala (D-FL) announced the introduction of the Reversing the Youth Tobacco Epidemic Act of 2019 today. The new legislation aims to address the sharp rise in use of tobacco and e-cigarette products among young people.

    The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) reported an alarming 78 percent increase in current e-cigarette use by high school students and 48 percent increase among middle school students from 2017 to 2018. According to reports, the sharp increase in tobacco use in recent years could reverse years of progress in reducing youth tobacco use in America.

    “The Reversing the Youth Tobacco Epidemic Act makes clear that we will not tolerate the proliferation of slick new products purposefully designed to appeal to young people to get them addicted to nicotine and tobacco” Pallone said. “Congress must act to reduce youth nicotine addiction by making it clear that selling tobacco products to kids is illegal. My legislation also treats e-cigarettes and other tobacco products the same as traditional cigarettes under the law. We cannot afford to wait – we are on the cusp of losing an entirely new generation to a lifetime of nicotine addiction.”

    “If a person does not start using tobacco products when they are young, it is less likely they will start as an adult. As HHS Secretary during the Clinton Administration, we made great strides in holding tobacco companies accountable for marketing their products to kids, and we reduced the number of people who smoked cigarettes,” Shalala said. “But now, the use of e-cigarettes, particularly by children, is beginning to undo years of progress we have made. Our bill, The Reversing the Youth Tobacco Epidemic Act, takes concrete steps to limit access and the appeal of tobacco products to people under 21. At the end of the day, our main goal is to reduce the number of kids using tobacco products in the United States.”

    The Reversing the Youth Tobacco Epidemic Act of 2019 includes a number of important provisions to curb the rise of youth tobacco use:

  • Requires FDA to finalize a rule requiring graphic health warnings for cigarette packages within 12 months;
  • Extends FDA regulations on the sale, distribution, and use of cigarettes and smokeless tobacco to all deemed tobacco products, including e-cigarettes;
  • Raises the minimum age for purchasing tobacco products to 21 years and makes it unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age;
  • Directs FDA to prohibit non-face-to-face sales of all tobacco products including e-cigarettes and e-cigarette accessories;
  • Prohibits all characterizing flavors of tobacco products, including menthol;
  • Provides FDA with authority to collect user fees from all classes of tobacco products, including e-cigarettes;
  • Instructs FDA to issue a final rule on the regulation of products containing synthetic nicotine or nicotine that is not made or derived from tobacco;
  • Makes it unlawful to market, advertise, or promote any e-cigarette products to individuals under the age of 21; and,
  • Requires the Federal Trade Commission (FTC) to issue an annual report to Congress on the domestic sales, advertising, and promotional activity of cigarette, cigar, smokeless tobacco, and e-cigarette manufacturers.

  • Pallone and Shalala’s bill has widespread support from public health advocates, including: the African American Tobacco Control Leadership Council, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American College of Cardiology, American Heart Association, American Lung Association, American Thoracic Society, Campaign for Tobacco-Free Kids, March of Dimes, and National African American Tobacco Prevention Network.

    Section-by-section available HERE.

    Bill text available HERE.

    RURAL Act Introduced

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    by: Terri A. Sewell (D-AL, 7th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- U.S. Reps. Terri Sewell (AL-07) and Adrian Smith (NE-03) have introduced the Revitalizing Underdeveloped Rural Areas and Lands (RURAL) Act, legislation that would help preserve jobs and encourage infrastructure development by expanding tax-exempt cooperative organizations’ access to government grants and assistance, including rural broadband grants and FEMA disaster relief.

    “Our rural communities depend on reliable infrastructure, access to broadband and secure energy sources for their local economies to thrive,” Rep. Terri Sewell said. “Alabama’s rural electric co-ops provide essential broadband services in rural areas where high-speed internet is limited but essential to those areas’ economic growth. We must do more to provide high-speed internet – and the opportunities and resources that it brings – to the 22.4 million Americans living in rural parts of our country without quality internet access. The RURAL Act would ensure that these co-ops can retain their tax-exempt status when applying for grants to expand rural broadband or disaster assistance and provide these co-ops with the ability to secure the grants needed to continue to grow their renewable energy, economic development and energy efficiency initiatives.”

    “Nebraska has a long tradition of relying on public and cooperative power generation to affordably meet the needs of families, farmers, ranchers, and small businesses,” Rep. Adrian Smith said. “While continuing to ensure rural electric co-ops are largely funded by their membership as a condition of their tax-exempt status, we should also ensure funds received from grants or for pole usage do not affect their tax status. Just as rural power generation and transmission were vital to rural economic growth in the 20th century, access to both power and broadband will drive our rural economies in the 21st.”

    “The legislation will enable electric cooperatives to continue powering rural communities across America,” said National Rural Electric Cooperative Association CEO Jim Matheson. “Without this legislation, co-ops risk losing their not-for-profit, tax-exempt status if they accept government grants for recovery from major storms or to expand rural broadband access and other services that are critical to the future of rural communities. I applaud Congresswoman Sewell’s leadership on this issue and encourage House members to join the sponsors in supporting this bill.”

    “Rural Electric Cooperatives have historically received grants from various sources to assist in providing services to their members such as renewable energy development, energy efficiency and conservation and more recently helping to deploy vital broadband service to rural Alabama communities. Recent changes in the Revenue Code create an unintended consequence for cooperatives that may jeopardize their tax-exempt status,” said Alabama Rural Electric Association President and CEO Fred Braswell. “Representative Sewell understands the importance of this to rural Alabama and its citizens. We thank her for continuing to fight for programs to help the rural cooperatives and the areas we serve.”

    “Crucial community infrastructure projects in central Alabama have materialized because Central Alabama Electric Cooperative (CAEC) has successfully obtained grants. Over the years these federal, state and local allocations have funded a rural wastewater system and new entry roads in county business parks. Congresswoman Terri Sewell has introduced the RURAL Act, which offers protection to electric cooperatives and other nonprofit organizations by allowing them to maintain certain tax exemptions. Without their not-for-profit status, electric cooperatives’ ability to pursue grants will be hampered by having to include additional costs in rates,” said Central Alabama Electric Cooperative President and CEO Tom Stackhouse. “Thank you, Congresswoman Sewell, for your leadership and diligence in sponsoring the RURAL Act. Continued protection will be essential for CAEC as we embark on our rural broadband project this year.”

    “As an electric cooperative that was severely impacted by Hurricane Michael in October 2018, HR 2174 will allow PowerSouth Energy Cooperative’s members to utilize FEMA grants without fear of losing our non-for-profit status,” said PowerSouth Energy Cooperative Vice President of External Affairs Horace Horn. “We are grateful for Rep. Sewell’s sponsorship of this legislation and look forward to working with her on this issue.”

    The RURAL Act would amend the Internal Revenue Code to ensure tax-exempt cooperative organizations do not lose their tax-exempt status when they apply for and use certain government grants, contributions and assistance, including rural broadband grants and FEMA disaster relief.

    A Senate companion measure was introduced by Sens. Rob Portman (R-OH) and Tina Smith (D-MN).

    The RURAL Act is available here.

    BILL TO BRING DOWN INSULIN PRICES INTRODUCED

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    by: Kim Schrier (D-WA, 8th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- As Congress holds hearings about the high cost of insulin, U.S. Representative Kim Schrier, M.D. (WA-08) has introduced a bipartisan bill that will bring down the cost of insulin. Rep. Schrier, a member of the Executive Committee of the Diabetes Caucus who has Type 1 diabetes and is a pediatrician, knows all too well how the price of insulin is affecting families all across the country.

    “My insulin has tripled in price in the last 10 years and now costs $260, which is in between the price of Chanel No. 5 and cobra venom,” said Rep. Schrier. “We should be doing everything we can to make more affordable treatments widely available, because right now for too many of my patients and people across the country, the cost of insulin is a life or death issue. This bill paves the way for less expensive versions of brand name insulins.”

    In December 2018, the Federal Drug Administration (FDA) issued guidance giving drug makers a pathway for biosimilar approvals. Like a generic drug, biosimilars can use an expedited approval process that doesn’t need to duplicate expensive clinical trials and are often sold at a fraction of the price of brand name drugs. The Protecting Access to Biosimilars Act, introduced by Rep. Schrier with Rep. Diana Degette (D-CO01) and Rep. Tom Reed (R-NY23) and Rep. Brett Guthrie (R-KY-02) would make this FDA guidance law. This is important to do because guidance can be easily revoked, throwing a future market into chaos and affecting people who were taking biosimilar drugs.

    Most biologics are approved by the FDA under Section 351 of the Public Health Service Act. A handful of protein-based biologics, including insulin, however, are approved under Section 505 of the Food, Drug, & Cosmetic Act. Drug makers are not able to make biosimilar (generic) versions of drugs approved under Section 505 due to regulatory issues.

    The Biologics Price Competition and Innovation Act, enacted as part of the Affordable Care Act, clarified that all protein-based biologics, including insulin, must be approved under Section 351 of the Public Health Service Act starting on March 23, 2020. Drug makers can make biosimilars of biologics approved under Section 351. Biologics that were approved under Section 505 prior to March 23, 2020 would receive a “grandfathered approval” under Section 351. FDA guidance on how drug makers can file biosimilar applications after the law’s implementation date on March 23, 2020 was issued in December.

    ENGEL, LOWEY, DEUTCH, SCHNEIDER STATEMENT ON A TWO-STATE SOLUTION

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    by: Bradley Schneider (D IL, 10th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- Representative Eliot L. Engel, Chair of the House Committee on Foreign Affairs; Rep. Nita Lowey, Chair of the House Committee on Appropriations; Rep. Ted Deutch, Chair of the House Foreign Affairs Subcommittee on the Middle East, North Africa, and International Terrorism; and Rep. Brad Schneider made the following statement:

    “As strong, life-long supporters of Israel, a U.S.-Israel relationship rooted in our shared values, and the two-state solution, we are greatly concerned by the possibility of Israel taking unilateral steps to annex the West Bank. Every one of Israel’s frontiers plays an important role in its security, and Israel’s ability to guard itself from threats is non-negotiable. We hope that any security measures are implemented within the context of preserving the eventual possibility of a two-state solution. Two states for two peoples, negotiated directly by the two sides, with mutually agreed upon land swaps, is the best option to achieve a Jewish, democratic, secure Israel living side-by-side with a democratic, de-militarized Palestinian state.

    “This will not be easy. Palestinian leadership has been unwilling to accept any reasonable peace proposal or even to negotiate seriously toward a solution. To paraphrase Abba Eban, the Palestinians never miss an opportunity to miss an opportunity. And instead of negotiating, they have pursued unilateral statehood through the United Nations.

    “Our fear is that such unilateral steps—whether from Israelis or Palestinians—would push the parties farther from a final, negotiated settlement.”

    Schakowsky Calls on Mattel to Recall Dangerous Infant Sleeper

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    by: Jan Schakowsky (D-IL, 9th)

    Washington, D.C. - April 18, 2019 - (The Ponder News) -- Congresswoman Jan Schakowsky, Chair of the Consumer Protection and Commerce Subcommittee of the House Energy and Commerce Committee, today called on Mattel to issue a recall for the Fisher Price Rock ‘n Play. With at least 32 deaths associated with the use of this infant sleeper, it is beyond time to remove this item from store shelves and online markets.

    “I have written to the Consumer Product Safety Commission and I have made a direct plea to Mattel to do what’s right and issue a recall on this infant sleeper immediately,” said Congresswoman Schakowsky. “Mattel should put children’s lives and safety first and quickly alert consumers and stores that this product should not be used or sold. Any delay continues to put more children’s lives at risk.”

    The American Academy of Pediatrics (AAP) has long advised that babies should sleep flat on their backs in a clutter-free environment. The Rock ‘n Play is an inclined sleeper, which also recommends using its restraint system, which is also contrary to AAP recommendations.