[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3232 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3232
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 SENATE OF THE UNITED STATES
November 18, 2021
Mr. Casey (for himself, Ms. Klobuchar, Mr. Blumenthal, Mr. Cotton, Mr.
Markey, Ms. Cortez Masto, Ms. Smith, Ms. Warren, Mr. Coons, Mrs.
Feinstein, Ms. Baldwin, Mr. Cardin, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
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
CLOTHING STORAGE UNITS.
(a) Clothing Storage Unit Defined.--In this section, the term
``clothing storage unit'' means any free-standing furniture item
manufactured in the United States or imported for use in the United
States that is intended for the storage of clothing, typical of bedroom
furniture.
(b) CPSC Determination of Scope.--The Consumer Product Safety
Commission shall specify the types of furniture items within the scope
of subsection (a) for purposes of the standard promulgated under
subsection (c) based on tip-over data as reasonably necessary to
protect children up to 72 months of age from injury or death.
(c) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (d)(1),
not later than 1 year after the date of the enactment of this
Act, the Consumer Product Safety Commission shall--
(A) in consultation with representatives of
consumer groups, clothing storage unit manufacturers,
craft or handmade furniture manufacturers, and
independent child product engineers and experts,
examine and assess the effectiveness of any voluntary
consumer product safety standards for clothing storage
units; and
(B) in accordance with section 553 of title 5,
United States Code, promulgate a final consumer product
safety standard for clothing storage units to protect
children from tip-over-related death or injury that
includes--
(i) tests that simulate the weight of
children up to 60 pounds;
(ii) objective, repeatable, and measurable
tests that simulate real world use and account
for any impact on clothing storage unit
stability that may result from placement on
carpeted surfaces, drawers with items in them,
multiple open drawers, or dynamic force;
(iii) testing of all clothing storage
units, including those 27 inches and above in
height;
(iv) tests that permit incorporated safety
features (excluding tip restraints) to work as
intended if the features cannot be overridden
by consumers in normal use and provide an
equivalent or greater level of safety as tests
developed pursuant to clauses (i) through
(iii); and
(v) warning requirements based on ASTM
F2057-19, or its successor at the time of
enactment, provided that the Consumer Product
Safety Commission shall strengthen the
requirements of ASTM F2057-19, or its
successor, if reasonably necessary 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).
(d) Subsequent Rulemaking.--
(1) In general.--At any time subsequent to the publication
of a consumer product safety standard under subsection (c)(1),
the Commission shall initiate a rulemaking, in accordance with
section 553 of title 5, United States Code to modify the
requirements of the consumer product safety standard described
in subsection (c)(1) if the Commission determines that such
modifications are reasonably necessary to protect children from
tip-over-related death or injury.
(2) Revision of rule.--
(A) In general.--If the Commission receives a
petition for a new or revised test under subsection
(c)(1)(B)(iv), the Commission shall determine within
120 days--
(i) whether the petition meets the
requirements for petitions set forth in section
1051.5 of title 16, Code of Federal
Regulations, or any successor regulation
implementing section 9(i) of the Consumer
Product Safety Act (15 U.S.C. 2058(i)); and
(ii) whether the petition demonstrates that
the test could reasonably meet the requirements
of subsection (c)(1)(B)(iv), and if so, the
Commission shall determine by recorded vote,
within 60 days after the determination, whether
to initiate a rulemaking, in accordance with
section 553 of title 5, United States Code, to
revise the consumer product safety standard
described in subsection (c)(1) to include the
new or revised text.
(B) Revisions based on growth charts.--If, after
the date of the enactment of this Act, the Centers for
Disease Control and Prevention revises its Clinical
Growth Charts, the consumer product safety standard
described in subsection (c)(1) shall, on the date that
is 180 days after such revision, be revised to include
tests that simulate the weight of children up to the
95th percentile weight of children 72 months in age, as
depicted in the revised Centers for Disease Control and
Prevention Clinical Growth Charts, unless the
Commission determines the modification is not
reasonably necessary to protect children from tip-over-
related death or injury.
(3) Treatment of rules.--Any rule promulgated under
paragraph (1) or revision made pursuant to paragraph (2) 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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