[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5442 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5442

   To require the Consumer Product Safety Commission to promulgate a 
 consumer product safety rule for free-standing clothing storage units 
  to protect children from tip-over-related death or injury, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2016

Ms. Schakowsky introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require the Consumer Product Safety Commission to promulgate a 
 consumer product safety rule for free-standing clothing storage units 
  to protect children from tip-over-related death or injury, 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 ``Stop Tip-overs of Unstable, Risky 
Dressers on Youth Act'' or the ``STURDY Act''.

SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF 
              FREE-STANDING CLOTHING STORAGE UNITS.

    (a) Free-Standing Clothing Storage Unit Defined.--In this section, 
the term ``free-standing clothing storage unit'' means any piece of 
furniture manufactured in the United States or imported for use in the 
United States that is intended for the storage of clothing, including 
furniture items that--
            (1) are commonly referred to as a chest, door chest, chest 
        of drawers, dresser, or bureau; or
            (2) may contain a chest, door chest, chest of drawers, 
        dresser, or bureau.
    (b) Consumer Product Safety Standard Required.--
            (1) In general.--Except as provided in subsection (c)(1), 
        not later than 540 days after the date of the enactment of this 
        Act, the Consumer Product Safety Commission shall promulgate, 
        in accordance with section 553 of title 5, United States Code, 
        a final consumer product safety standard for free-standing 
        clothing storage units to protect children from tip-over-
        related death or injury.
            (2) Treatment of standard.--A consumer product safety 
        standard promulgated under paragraph (1) shall be treated as a 
        consumer product safety rule promulgated under section 9 of the 
        Consumer Product Safety Act (15 U.S.C. 2058).
    (c) ASTM Standard.--
            (1) In general.--Subsection (b)(1) shall not apply if the 
        Commission determines that a voluntary ASTM standard relating 
        to free-standing clothing storage units--
                    (A) adequately protects children from tip-over-
                related death or injury from free-standing clothing 
                storage units;
                    (B) is or will be published not later than 180 days 
                after the date of the enactment of this Act;
                    (C) was developed by Subcommittee F15.42 on 
                Furniture Safety of ASTM International; and
                    (D) is likely to be substantially complied with by 
                furniture manufacturers.
            (2) Publication of determination.--The Commission shall 
        publish each determination made under paragraph (1) in the 
        Federal Register.
            (3) Treatment of astm standard for purposes of 
        enforcement.--If the Commission determines that a voluntary 
        ASTM standard meets all of the conditions described in 
        paragraph (1), the requirements of such ASTM standard shall be 
        treated as a consumer product safety rule promulgated under 
        section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) 
        beginning 180 days after the date on which the Commission's 
        determination is published under paragraph (2).
            (4) Revision of astm standard.--
                    (A) In general.--If ASTM International revises an 
                ASTM standard after the Commission makes a 
                determination under paragraph (1) with respect to such 
                standard, ASTM International shall notify the 
                Commission not later than 60 days after the final 
                version of such revised standard is published.
                    (B) Treatment of revised astm standard.--
                            (i) In general.--Except as provided in 
                        clause (ii), the requirements of the revised 
                        standard described in subparagraph (A) shall 
                        become enforceable as a rule promulgated under 
                        section 9 of the Consumer Product Safety Act 
                        (15 U.S.C. 2058), instead of the prior version 
                        of such standard, beginning on--
                                    (I) the date that is 180 days after 
                                the date on which ASTM International 
                                notifies the Commission of such 
                                revision; or
                                    (II) such later date as the 
                                Commission considers appropriate.
                            (ii) Nonconforming astm standards.--If the 
                        Commission determines, not later than 90 days 
                        after the date on which ASTM International 
                        notifies the Commission of a revised ASTM 
                        standard, that the requirements of the revised 
                        ASTM standard do not improve the safety of the 
                        consumer product covered by the standard with 
                        respect to the condition described in paragraph 
                        (1)(A), the Commission shall continue to 
                        enforce the prior version of such standard in 
                        accordance with paragraph (3).
    (d) Subsequent Rulemaking.--
            (1) In general.--At any time subsequent to the publication 
        of a consumer product safety standard under subsection (b)(1) 
        or a determination regarding an ASTM standard under subsection 
        (c)(1), the Commission may initiate a rulemaking, in accordance 
        with section 553 of title 5, United States Code--
                    (A) to modify the requirements of the consumer 
                product safety standard described in subsection (b)(1) 
                or (c)(1); or
                    (B) to include any additional provision in such 
                consumer product safety standard that the Commission 
                determines is reasonably necessary to protect public 
                health or safety.
            (2) Treatment of rules.--Any rule promulgated under 
        paragraph (1) shall be treated as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058).
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