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116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             { 116-209

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

 
        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.
---------------------------------------------------------------------------
    \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)
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \13\See note 4.
---------------------------------------------------------------------------
    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.