[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3232 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3232
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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--
(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).
Passed the Senate September 29, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3232
_______________________________________________________________________
AN ACT
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.