[House Report 116-209]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-209
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STOP TIP-OVERS OF UNSTABLE, RISKY DRESSERS ON YOUTH ACT
_______
September 16, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2211]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2211) 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary.............................................2
II. Background and Need for the Legislation.........................3
III. Committee Hearings..............................................4
IV. Committee Consideration.........................................5
V. Committee Votes.................................................5
VI. Oversight Findings..............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure5
VIII. Federal Mandates Statement......................................6
IX. Statement of General Performance Goals and Objectives...........6
X. Duplication of Federal Programs.................................6
XI. Committee Cost Estimate.........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....6
XIII. Advisory Committee Statement....................................6
XIV. Applicability to Legislative Branch.............................6
XV. Section-by-Section Analysis of the Legislation..................6
XVI. Changes in Existing Law Made by the Bill, as Reported...........8
XVII. Additional Views................................................9
The amendment is as follows:
Strike all after the enacting clause and insert 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) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (c)(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 under 30 inches in height; and
(iv) warning requirements based on ASTM
F2057-17, or its successor at the time of
enactment, provided that the Consumer Product
Safety Commission shall strengthen the
requirements of ASTM F2057-17, 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).
(c) Subsequent Rulemaking.--
(1) In general.--At any time subsequent to the publication of
a consumer product safety standard under subsection (b)(1), the
Commission may 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 (b)(1) if reasonably necessary to protect
children from tip-over-related death or injury.
(2) Revision of rule.--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 (b)(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).
I. PURPOSE AND SUMMARY
H.R. 2211, the ``Stop Tip-overs of Unstable, Risky Dressers
on Youth Act'' or the ``STURDY Act'', was introduced on April
10, 2019, by Reps. Schakowsky (D-IL), McNerney (D-CA), Soto (D-
FL), and Rush (D-IL) and referred to the Committee on Energy
and Commerce. H.R. 2211 would protect children from tip-over-
related death or injury by requiring the Consumer Product
Safety Commission (CPSC) to promulgate a mandatory consumer
product safety standard for clothing storage units.
II. BACKGROUND AND NEED FOR LEGISLATION
According to the CPSC, tip-overs are one of the top five
hidden hazards in the home.\1\ One child dies every two weeks
as a result of falling furniture, televisions, or
appliances.\2\ In the most recent CPSC staff report on
furniture tip-overs, the agency reported a total of 206 tip-
over-related fatalities involving clothing storage units from
2000 to 2017, making tip-overs of clothing storage units, such
as dressers, a particularly dangerous risk.\3\ Most of the
victims were children under 6 years of age.
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\1\Consumer Product Safety Commission, Top 5 Hidden Hazards in the
Home (Apr. 25, 2014) (www.cpsc.gov/safety-education/safety-guides/toys-
home-furniture-furnishings-and-decorations/top-5-hidden-home).
\2\Consumer Product Safety Commission, A Game Plan to Prevent TV/
Furniture Tip-Over Deaths and Injuries (Jan. 28, 2015)
(onsafety.cpsc.gov/blog/2015/01/28/a-game-plan-to-prevent-tvfurniture-
tip-over-deaths-and-injuries/).
\3\Consumer Product Safety Commission, Product Instability or Tip-
Over Injuries and Fatalities Associated with Televisions, Furniture,
and Appliances: 2018 Report (Oct. 2018)
(www.cpsc.gov/s3fs-public/
Product%20Instability%20or%20Tip%20Over%20Report%20Oct%20
2018_STAMPED.pdf)
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Children are particularly vulnerable to the risk of injury
and death associated with furniture tip-overs because they lack
the cognitive awareness of the hazard, the ability to react
quickly enough to avoid falling furniture, and the strength to
move heavy furniture if trapped underneath.\4\ Notably,
analysis by the CPSC has also shown that it is expected for
children under 6 years of age to interact with furniture, such
as clothing storage units, by climbing, sitting, hiding, or
standing in a lower drawer to reach for items on the top of the
unit.\5\ Accordingly, a strong furniture stability standard is
necessary to keep children safe.
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\4\Consumer Product Safety Commission, Clothing Storage Unit Tip
Overs; Request for Comments and Information, 82 Fed. Reg. 56752 (Nov.
30, 2017) (Advance notice of proposed rulemaking).
\5\Id.
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In early 2015, the CPSC launched the ``Anchor It!''
Campaign--a national public education campaign to prevent
furniture and television tip-overs from killing and seriously
injuring children by encouraging caregivers to anchor
furniture.\6\ Despite the CPSC's efforts, Commissioner Kaye
suggests there is ``zero way of knowing'' whether such efforts
have led to a reduction in risks associated with tip-overs.\7\
Furthermore, a nationally representative survey of U.S. adults
conducted by Consumer Reports in 2018 revealed that only about
a quarter of Americans have anchored furniture in their
homes.\8\ The survey found there are many reasons why Americans
do not anchor furniture: 54 percent without children under 6 in
the home did not think it was necessary; 47 percent with
children under 6 in the home said the children were not left
alone; 41 percent thought the furniture was stable enough; 25
percent did not want to put holes in their walls; 16 percent
did not want to put holes in their furniture; 7 percent are not
sure what hardware to buy; and 7 percent have never heard of
anchoring furniture.\9\
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\6\Consumer Reports, Furniture Anchors Not an Easy Fix, as Child
Tip-Over Deaths Persist (Nov. 5, 2018) (www.consumerreports.org/
furniture/furniture-anchors-not-an-easy-fix-as-child-tip-over-deaths-
persist/).
\7\ Id.
\8\ Id.
\9\ Id.
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CPSC staff has determined that the current ASTM standard
that applies to clothing storage units does not adequately
reduce the risk of furniture tip-overs.\10\ In February 2019,
CPSC Acting Chairman Ann Marie Buerkle sent a letter to the
relevant ASTM Subcommittee requesting two actions to improve
the current standard.\11\ Acting Chairman Buerkle requested an
increase in test weights from 50 to 60 pounds and an expansion
of the scope of the standard to include clothing storage units
that are between 27 and 30 inches in height.\12\ H.R. 2211
reflects both requests made by Acting Chairman Buerkle.
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\10\ See note 4.
\11\Letter from Ann Marie Buerkle, Acting Chairman, U.S. Consumer
Product Safety Commission, to Richard Rosati, ASTM Subcommittee Chair
for F15.42, Furniture Safety, ASTM International (Feb. 27, 2019).
\12\Id.
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H.R. 2211 is needed to protect children from the
unreasonable risk of death or injury from furniture tip-over
incidents. This legislation would require the CPSC to
promulgate a consumer product safety rule for clothing storage
units that protects children from tip-over-related death or
injury.
III. COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 2211:
The Subcommittee on Consumer Protection and Commerce held
an oversight hearing on June 9, 2019. The hearing was entitled,
``Protecting Americans from Dangerous Products: Is the Consumer
Product Safety Commission Fulfilling Its Mission?''. The
Subcommittee received testimony from members of the CPSC and
others from consumer organizations:
The Honorable Ann Marie Buerkle, Acting Chairman,
Consumer Product Safety Commission;
The Honorable Elliot F. Kaye, Commissioner,
Consumer Product Safety Commission;
The Honorable Robert S. Adler, Commissioner,
Consumer Product Safety Commission;
The Honorable Dana Baiocco, Commissioner, Consumer
Product Safety Commission;
The Honorable Peter A. Feldman, Commissioner,
Consumer Product Safety Commission;
Rachel Weintraub, Legislative Director and General
Counsel, Consumer Federation of America;
Nancy Cowles, Executive Director, Kids in Danger;
and
Remington A. Gregg, Counsel for Civil Justice and
Consumer Rights, Public Citizen.
The Subcommittee on Consumer Protection and Commerce held a
legislative hearing on June 13, 2019, on H.R. 2211, the
``STURDY Act'' and six other bills. The hearing was entitled,
``Keeping Kids and Consumers Safe from Dangerous Products.''
The Subcommittee received testimony from:
Will Wallace, Manager, Home & Products Policy,
Consumer Reports;
Crystal Ellis, Founding Member, Parents Against
Tip-Overs;
Chris Parsons, President, Minnesota Professional
Fire Fighters; and
Charles A. Samuels, Member, Mintz.
IV. COMMITTEE CONSIDERATION
H.R. 2211, the ``Stop Tip-overs of Unstable, Risky Dressers
on Youth Act'' or the ``STURDY Act'', was introduced in the
House on April 10, 2019, by Reps. Schakowsky (D-IL), McNerney
(D-CA), Soto (D-FL), and Rush (D-IL), and referred to the
Committee on Energy and Commerce. Subsequently, the bill was
referred to the Subcommittee on Consumer Protection and
Commerce on April 11, 2019. Following hearings, the
Subcommittee met in open markup session, pursuant to notice, on
July 10, 2019, for consideration of H.R. 2211. An amendment in
the nature of a substitute offered by Ms. Schakowsky was agreed
to by a voice vote. Subsequently, the Subcommittee on Consumer
Protection and Commerce agreed to a motion by Ms. Schakowsky,
Chairwoman of the Subcommittee, to forward favorably H.R. 2211,
amended, to the full Committee on Energy and Commerce by a
voice vote.
On July 17, 2019, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2211, as amended
by the subcommittee. During markup of the bill, an amendment
offered by Mrs. Rodgers (R-WA) was agreed to by a voice vote.
At the conclusion of consideration of the bill, the full
Committee on Energy and Commerce agreed to a motion by Mr.
Pallone, Chairman of the Committee, to order the bill H.R. 2211
reported favorably to the House, amended, by a voice vote, a
quorum being present.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list
the recorded votes on the motion to report legislation and
amendments thereto. There were no recorded votes taken in
connection with consideration of H.R. 2211 or reporting the
bill thereto.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to require
CPSC to promulgate a mandatory consumer product safety standard
for clothing storage units that protects children from tip-
over-related death or injury.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2211 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2211 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title 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
Subsection (a) of this section defines the term ``clothing
storage unit'' as 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. This term is intended to include products
that may be anchored to the wall using a tip-over restraint
device, such as an anchoring kit. It is not intended to include
products that are permanently attached or built into a
structure and that would be destroyed and rendered unusable if
they were detached or separated from the structure.
Subsection (b) of this section specifies that not later
than one year after the date of enactment of this Act, the CPSC
shall examine and asses the effectiveness of any voluntary
consumer product safety standards for clothing storage units--
in consultation with representatives of consumer groups,
clothing storage unit manufacturers, craft or handmade
furniture manufacturers, and independent child product
engineers and experts. Not later than one year after the date
of enactment of this Act, the CPSC shall also promulgate, in
accordance with the Administrative Procedure Act, a final
consumer product safety standard for clothing storage units to
protect children from tip-over-related death or injury. The
rulemaking procedures required in Sections 7 and 9 of the
Consumer Product Safety Act would not apply. This subsection
specifies that the safety standard must include tests that
simulate the weight of children up to 60 pounds, which is the
current 95th percentile weight of children just under six years
old according to the Centers for Disease Control and Prevention
(CDC) Clinical Growth Chart.\13\ This subsection further
specifies that the standard must include: 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;
testing of all clothing storage units, including those under 30
inches in height; and warning requirements based on ASTM F2057-
17, or its successor at the time of enactment, provided that
the CPSC shall strengthen the requirements of ASTM F2057-17, or
its successor, if necessary to protect children from tip-over-
related death or injury. The tests required to meet the safety
standard should be conducted without the use of tip-over
restraint devices, such as anchoring kits. Finally, this
subsection specifies that the consumer product safety standard
promulgated should be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act.
Accordingly, it shall be unlawful for any person to sell, offer
for sale, manufacture for sale, distribute in commerce, or
import into the United States clothing storage units that are
not in conformity with the promulgated standard. Any violations
shall be subject to civil or criminal penalties.
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\13\See note 4.
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Subsection (c) of this section specifies that the CPSC may
initiate a rulemaking, in accordance with the Administrative
Procedure Act, to modify the requirements of the promulgated
consumer product safety standard if reasonably necessary to
protect children from tip-over-related death or injury. The
Committee does not intend any rulemaking procedures required in
Sections 7 and 9 of the Consumer Product Safety Act to apply.
If, after the date of the enactment of this Act, CDC revises
its Clinical Growth Charts, the consumer product safety
standard shall, 180 days after the revision of Clinical Growth
Charts, be revised to include tests that simulate the weight of
children up to the new 95th percentile weight of children 72
months in age, unless the CPSC determines the modification is
not reasonably necessary to protect children from tip-over-
related death or injury. This subsection further specifies that
any revision to the clothing storage unit standard will be
treated as a consumer product safety rule promulgated under
section 9 of the Consumer Product Safety Act. Accordingly, it
shall be unlawful for any person to sell, offer for sale,
manufacture for sale, distribute in commerce, or import into
the United States clothing storage units that are not in
conformity with the promulgated standard. Any violations shall
be subject to civil or criminal penalties.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
2211.
ADDITIONAL VIEWS
There are concerns that H.R. 2211 is still in need of
further clarification regarding the technical provisions needed
to create a robust and feasible solution that will allow
industry to manufacture products with certainty. Ambiguities
remain in H.R. 2211 given the proposed requirements that may
result in greatly extending the timeline of implementing an
enforceable standard. Further, H.R. 2211 does not require a
cost benefit analysis, which is critical in evaluating the
procedures, as well as ensuring consistency and accuracy and is
otherwise required by Section 9 of the Consumer Product Safety
Act. Testing procedures should be designed to be replicated in
different locations and environments to ensure industry can
manufacture their products with certainty. Concerned parties
believe that mandatory compliance with the existing voluntary
standard, ASTM F2057-17, is the quickest and most sensible
solution to address tip-over related deaths or injuries. The
CPSC should adopt the voluntary standard, first and foremost.
Robert E. Latta.