117 S3232 RS: Stop Tip-overs of Unstable, Risky Dressers on Youth Act U.S. Senate 2021-11-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 503117th CONGRESS2d Session

S. 3232

[Report No. 117–161]

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. Luján) 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.

Short title

This Act may be cited as the

Stop Tip-overs of Unstable, Risky Dressers on Youth Act

or the

STURDY Act

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).

Short title

This Act may be cited as the

Stop Tip-overs of Unstable, Risky Dressers on Youth Act

or the

STURDY Act

Consumer product safety standard to protect against tip-over of clothing storage units

(a)

Clothing storage unit defined

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

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).

September 27, 2022

Reported with an amendment