[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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