[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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