[Senate Report 117-161]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 503
117th Congress       }                            {          Report
                                 SENATE
 2d Session          }                            {          117-161
_______________________________________________________________________

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

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3232

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               September 27, 2022.--Ordered to be printed
               
               		       __________
               		       
               		       
               	    U.S. GOVERNMENT PUBLISHING OFFICE     
               		       
29-010			    WASHINGTON : 2022               		       
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred seventeenth congress
                             second session

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West Virginia

RAPHAEL WARNOCK, Georgia             RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                       Lila Helms, Staff Director
                  John Keast, Minority Staff Director



                                                      Calendar No. 503
117th Congress       }                            {          Report
                                 SENATE
 2d Session          }                            {          117-161

======================================================================

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

                                _______
                                

               September 27, 2022.--Ordered to be printed

                                _______
                                

      Ms. Cantwell, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3232]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the 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, having considered the same, reports favorably thereon 
with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 3232 is to require the Consumer Product 
Safety Commission (CPSC or 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 
adopt a qualifying voluntary safety standard.

                          BACKGROUND AND NEEDS

    According to CPSC data, an estimated 22,500 people suffer a 
medically treated injury related to a furniture tip-over every 
year. While tip-over incidents injure people across all age 
groups, the vast majority of furniture tip-over fatalities 
involve young children. Since 2000, hundreds of children have 
died in furniture tip-over incidents, and every day an average 
of six children are rushed to emergency treatment after a 
storage chest, bureau, or dresser tips over onto them.\1\
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    \1\Adam Suchy, Product Instability or Tip-Over Injuries and 
Fatalities Associated with Televisions, Furniture, and Appliances: 2021 
Report, Consumer Product Safety Commission, February 2022 (http://
www.cpsc.gov/s3fs-public/2021_Tip_Over_Report_POSTED.pdf).
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    The CPSC defines a clothing storage unit (CSU) as a 
``freestanding furniture item, typically with drawer(s) and/or 
door(s), that may be reasonably expected to be used for storing 
clothing. Some common names for CSUs include, but are not 
limited to, chests, bureaus, dressers, armoires, wardrobes, 
chests of drawers, drawer chests, chifforobes, and door 
chests.''\2\
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    \2\Consumer Product Safety Commission, ``Safety Standard for 
Clothing Storage Units,'' 
Notice of Proposed Rulemaking, Federal Register, vol. 87, no. 23, 6246-
6322 (docket no. CPSC-2017-0044), February 3, 2022 (https://
www.govinfo.gov/content/pkg/FR-2022-02-03/pdf/2022-01689.pdf).
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    The ASTM Furniture Safety Subcommittee was formed over 20 
years ago to address tip-over hazards. CPSC staff, consumer 
groups, and parent advocates are active participants in the 
consensus-based subcommittee. Historically, the safety standard 
has not accounted for real-world factors that contribute to CSU 
instability, such as placement on carpeting and known child 
interactions like climbing on the unit or pulling on the top 
drawer.\3\ Many revisions over the years have been relatively 
minor; notably, two of the very few significant revisions that 
were approved--(1) requiring anchoring kits\4\ and (2) 
extending the standard's scope to shorter dressers\5\--
coincided with the introduction of legislation addressing CSU 
safety.\6\ In their evaluation of the existing voluntary 
standard, ASTM F2057-19, Standard Safety Specification for 
Clothing Storage Units, CPSC staff determined that because it 
does ``not account for the real-world factors'' that contribute 
to instability, including ``multiple open and filled drawers, 
children's interactions with the CSU (such as climbing and 
opening drawers), or carpeting,'' the standard is inadequate to 
protect children.\7\ CPSC staff also determined, noting that 
anti-tip restraints have proven ineffective as a ``primary 
method'' for preventing tip-overs, that CSUs should be 
inherently more stable to account for the lack of consumer use 
of anti-tip restraints and additional barriers to their proper 
installation and use.\8\
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    \3\CPSC, supra note 2 at 6255.
    \4\Revision published in ASTM F2057-09.
    \5\Revision published in ASTM F2057-19.
    \6\Congress.gov, ``H.R. 4266--Katie Elise and Meghan Agnes Act'' 
(introduced in House on December 4, 2007) (www.congress.gov/bill/110th-
congress/house-bill/4266?s=1&r=89); Congress.gov, ``H.R. 2211--Stop 
Tip-overs of Unstable, Risky Dressers on Youth Act'' (introduced in 
House on April 10, 2019) (www.congress.gov/bill/116th-congress/house-
bill/2211).
    \7\CPSC, supra note 2 at 6291.
    \8\CPSC, supra note 2 at 6255.
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    S. 3232 as amended reflects active and growing consensus 
among parent advocates, consumer groups, and furniture industry 
stakeholders participating in the ASTM F15.42 Furniture Safety 
Subcommittee that the revised version of the existing voluntary 
standard for clothing storage unit tip-over safety currently in 
development could meet the legislative requirements within 
section 2(c)(2) of the Act. It is the intent of the sponsors of 
S. 3232 and the Commerce Committee that the CPSC adopt this 
revised ASTM furniture tip-over standard for clothing storage 
units as a mandatory final consumer product safety standard as 
specified in the Act, if the standard meets the requirements of 
the bill.

                          LEGISLATIVE HISTORY

    S. 3232 was introduced on November 18, 2021, by Senator 
Casey (for himself and Senators Klobuchar, Blumenthal, Cotton, 
Markey, Cortez Masto, Smith, Warren, Coons, Feinstein, Baldwin, 
Cardin, and Durbin) and was referred to the Committee on 
Commerce, Science, and Transportation of the Senate. Senator 
Lujan was added as a cosponsor on January 12, 2022. On May 11, 
2022, the Committee met in open Executive Session and, by voice 
vote, ordered S. 3232 reported favorably with an amendment (in 
the nature of a substitute).

                            ESTIMATED COSTS

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2022.
Hon. Maria Cantwell,
Chair, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Madam Chair: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3232, the STURDY 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Katie Zhang.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	   
    	   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 3232 would require the Consumer Product Safety 
Commission (CPSC) to examine voluntary safety standards for 
clothing storage units and issue a standard to protect children 
from tip-over-related death or injury. Based on information 
provided by the CPSC, CBO estimates that costs associated with 
enforcing the safety standard would total less than $1 million 
over the 2023-2027 period. Such spending would be subject to 
the availability of appropriated funds.
    S. 3232 would impose a private-sector mandate as defined in 
the Unfunded Mandates Reform Act (UMRA) by requiring 
manufacturers of clothing storage units to conduct safety and 
stability tests in compliance with a safety standard to be 
issued by CPSC. According to information from the furniture 
manufacturing industry, safety and stability tests are 
conducted under an existing voluntary standard. The bill 
directs CPSC to adopt the voluntary standard if it meets the 
requirements established under the bill. Because pending 
revisions to the voluntary standard would satisfy that 
requirement, CBO expects that most covered manufacturers would 
comply voluntarily with the new standard. Therefore, CBO 
estimates that the cost of the mandate would not exceed the 
annual private-sector threshold established in UMRA ($184 
million in 2022, adjusted annually for inflation).
    The CBO staff contact for federal costs is Katie Zhang and 
for mandates, Andrew Laughlin. The estimate was reviewed by Leo 
Lex, Deputy Director of Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    Because S. 3232 does not create any new programs, the 
legislation will have no additional regulatory impact, and will 
result in no additional reporting requirements. The legislation 
will have no further effect on the number or types of 
individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and businesses.

                   CONGRESSIONALLY DIRECTED SPENDING

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``Stop Tip-overs of Unstable, Risky Dressers on Youth Act'' 
or the ``STURDY Act''.

Section 2. Consumer product safety standard to protect against tip-over 
        of clothing storage units.

    Paragraph (a) would define the term ``clothing storage 
unit''.
    Paragraph (b) would provide that the CPSC shall specify the 
types of furniture items within the scope of subsection (a) as 
part of a standard promulgated under this section, as 
reasonably necessary to protect children up to 72 months of age 
from injury or death.
    Paragraph (c) would provide that the mandatory standard 
promulgated by the CPSC must protect children from tip-over 
related death or injury. The standard would require at a 
minimum: (1) tests that simulate the weight of children up to 
60 pounds; (2) tests that simulate real-world use including 
combinations of placement on carpeted surfaces, drawers with 
items in them, multiple open drawers, and dynamic force; (3) 
testing of all clothing storage units, including those 27 
inches and above in height; and (4) warning requirements. This 
section would provide that the rule be promulgated pursuant to 
section 553 of the Administrative Procedure Act.\9\
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    \9\Public Law 79-404; 60 Stat. 237.
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    Paragraph (d) would require the CPSC to adopt a voluntary 
standard as a mandatory standard if such standard exists and 
meets at least the requirements described in subsection (c)(2) 
of the Act. The voluntary standard would be required to be 
developed by ASTM International or such other standard 
development organization that the Commission determines is in 
compliance with the intent of the Act, and published not later 
than 120 days after the date of enactment of the Act.
    Paragraph (e) would require that the CPSC be notified if an 
organization subsequently revised the voluntary standard. The 
revision would take effect no later than 180 days after the 
CPSC is notified, unless the CPSC determines that the revised 
voluntary standard does not meet the requirements necessary to 
be an exception to the rule promulgated by this Act.
    Paragraph (f) would provide that, beginning 5 years after 
the date of enactment of this Act, the CPSC may initiate a 
rulemaking to modify the requirements of this Act to include 
any additional provisions that it deems reasonably necessary to 
protect children from tip-over related death or injury. This 
paragraph would also establish a process by which the 
Commission may consider petitions for new or revised tests that 
permit incorporated safety features under certain 
circumstances.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  
                                  
                                  [all]