[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S6050-S6051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        STOP TIP-OVERS OF UNSTABLE, RISKY DRESSERS ON YOUTH ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 503, S. 3232.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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--

[[Page S6051]]

       (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).
  Mr. SCHUMER. I further ask that the committee-reported substitute be 
considered and agreed to; that the bill, as amended, be considered read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
agreed to.
  The bill (S. 3232), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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