[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3232 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 503
117th CONGRESS
  2d Session
                                S. 3232

                          [Report No. 117-161]

   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, Mr. Durbin, and Mr. Lujan) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           September 27, 2022

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Stop Tip-overs of Unstable, 
Risky Dressers on Youth Act'' or the ``STURDY Act''.</DELETED>

<DELETED>SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST 
              TIP-OVER OF CLOTHING STORAGE UNITS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Consumer Product Safety Standard Required.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) tests that simulate the weight 
                        of children up to 60 pounds;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) testing of all clothing 
                        storage units, including those 27 inches and 
                        above in height;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Subsequent Rulemaking.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Revision of rule.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

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) as part of a standard promulgated under this section 
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 (f)(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, and paragraph (2), promulgate a 
                final consumer product safety standard for clothing 
                storage units to protect children from tip-over-related 
                death or injury, that shall take effect 180 days after 
                the date of promulgation or such a later date as the 
                Commission determines appropriate.
            (2) Requirements.--The standard promulgated under paragraph 
        (1) shall protect children from tip-over-related death or 
        injury with--
                    (A) tests that simulate the weight of children up 
                to 60 pounds;
                    (B) objective, repeatable, reproducible, and 
                measurable tests or series of tests that simulate real-
                world use and account for impacts on clothing storage 
                unit stability that may result from placement on 
                carpeted surfaces, drawers with items in them, multiple 
                open drawers, and dynamic force;
                    (C) testing of all clothing storage units, 
                including those 27 inches and above in height; and
                    (D) warning requirements based on ASTM F2057-19, or 
                its successor at the time of enactment, provided that 
                the Consumer Product Safety Commission may strengthen 
                the warning requirements of ASTM F2057-19, or its 
                successor, if reasonably necessary to protect children 
                from tip-over-related death or injury.
            (3) Testing clarification.--Tests referred to in paragraph 
        (2)(B) shall allow for the utilization of safety features 
        (excluding tip restraints) to work as intended if the features 
        cannot be overridden by consumers in normal use.
            (4) 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) Adoption of Voluntary Standard.--
            (1) In general.--If a voluntary standard exists that meets 
        the requirements of paragraph (2), the Commission shall, not 
        later than 180 days after the date on which such determination 
        is made and in accordance with section 553 of title 5, United 
        States Code, promulgate a final consumer product safety 
        standard that adopts the applicable performance requirements of 
        such voluntary standard related to protecting children from 
        tip-over-related death or injury. A consumer product safety 
        standard promulgated under this subsection shall be treated as 
        a consumer product safety rule promulgated under section 9 of 
        the Consumer Product Safety Act (15 U.S.C. 2058). Such standard 
        shall take effect 180 days after the date of the promulgation 
        of the rule, or such a later date as the Commission determines 
        appropriate. Such standard will supersede any other existing 
        consumer product safety standard for clothing storage units to 
        protect children from tip-over-related death or injury.
            (2) Requirements.--The requirements of this paragraph with 
        respect to a voluntary standard for clothing storage units are 
        that such standard--
                    (A) includes performance requirements that meet the 
                requirements described in subsection (c)(2);
                    (B) is, or will be, published not later than 120 
                days after the date of enactment of this Act; and
                    (C) is developed by ASTM International or such 
                other standard development organization that the 
                Commission determines is in compliance with the intent 
                of this Act.
            (3) Notice required to be published in the federal 
        register.--The Commission shall publish a notice in the Federal 
        Register upon beginning the promulgation of a rule under this 
        subsection.
    (e) Revision of Voluntary Standard.--
            (1) Notice to commission.--If the performance requirements 
        of a voluntary standard adopted under subsection (d) are 
        subsequently revised, the organization that revised the 
        performance requirements of such standard shall notify the 
        Commission of such revision after final approval.
            (2) Treatment of revision.--Not later than 90 days after 
        the date on which the Commission is notified of revised 
        performance requirements of a voluntary standard described in 
        paragraph (1) (or such later date as the Commission determines 
        appropriate), the Commission shall determine whether the 
        revised performance requirements meet the requirements of 
        subsection (d)(2)(A), and if so, modify, in accordance with 
        section 553 of title 5, United States Code, the standard 
        promulgated under subsection (d) to include the revised 
        performance requirements that the Commission determines meet 
        such requirements. The modified standard shall take effect 
        after 180 days or such later date as the Commission deems 
        appropriate.
    (f) Subsequent Rulemaking.--
            (1) In general.--Beginning 5 years after the date of 
        enactment of this Act, subsequent to the publication of a 
        consumer product safety standard under this section, the 
        Commission may, at any time, initiate rulemaking, in accordance 
        with section 553 of title 5, United States Code, to modify the 
        requirements of such standard or to include additional 
        provisions if the Commission makes a determination that such 
        modifications or additions are reasonably necessary to protect 
        children from tip-over-related death or injury.
            (2) Petition for revision of rule.--
                    (A) In general.--If the Commission receives a 
                petition for a new or revised test that permits 
                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 the tests 
                developed under subsection (c)(2) or the performance 
                requirements described in subsection (d)(2)(A), as 
                applicable, 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)(2)(B), and if so, the 
                        Commission shall determine by recorded vote, 
                        within 60 days after the determination, whether 
                        to initiate rulemaking, in accordance with 
                        section 553 of title 5, United States Code, to 
                        revise a consumer product safety standard 
                        promulgated under this section to include the 
                        new or revised test.
                    (B) Demonstration of compliance.--Compliance with 
                the testing requirements of a standard revised under 
                paragraph (2)(A) may be demonstrated either through the 
                performance of a new or revised test under paragraph 
                (2)(A) or the performance of the tests otherwise 
                required under a standard promulgated under this 
                section.
            (3) Treatment of rules.--Any rule promulgated under this 
        subsection, including any modification or revision made under 
        this subsection, shall be treated as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058).
                                                       Calendar No. 503

117th CONGRESS

  2d Session

                                S. 3232

                          [Report No. 117-161]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 27, 2022

                       Reported with an amendment