STURDY Act

IIB 117TH CONGRESS 1ST SESSION H. R. 1314 IN THE SENATE OF THE UNITED STATES JUNE 24, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 08:23 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1314.RFS H1314 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1314 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stop Tip-overs of Un- 2 stable, Risky Dressers on Youth Act’’ or the ‘‘STURDY 3 Act’’. 4 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PRO- 5 TECT AGAINST TIP-OVER OF CLOTHING 6 STORAGE UNITS. 7 (a) CLOTHING STORAGE UNIT DEFINED.—In this 8 section, the term ‘‘clothing storage unit’’ means any free- 9 standing furniture item manufactured in the United 10 States or imported for use in the United States that is 11 intended for the storage of clothing, typical of bedroom 12 furniture. 13 (b) CONSUMER PRODUCT SAFETY STANDARD RE- 14 QUIRED.— 15 (1) IN GENERAL.—Except as provided in sub- 16 section (c)(1), not later than 1 year after the date 17 of the enactment of this Act, the Consumer Product 18 Safety Commission shall— 19 (A) in consultation with representatives of 20 consumer groups, clothing storage unit manu- 21 facturers, craft or handmade furniture manu- 22 facturers, and independent child product engi- 23 neers and experts, examine and assess the ef- 24 fectiveness of any voluntary consumer product 25 safety standards for clothing storage units; and 26 VerDate Sep 11 2014 08:23 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1314.RFS H1314 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1314 RFS (B) in accordance with section 553 of title 1 5, United States Code, promulgate a final con- 2 sumer product safety standard for clothing 3 storage units to protect children from tip-over- 4 related death or injury that includes— 5 (i) tests that simulate the weight of 6 children up to 60 pounds; 7 (ii) objective, repeatable, and measur- 8 able tests that simulate real world use and 9 account for any impact on clothing storage 10 unit stability that may result from place- 11 ment on carpeted surfaces, drawers with 12 items in them, multiple open drawers, or 13 dynamic force; 14 (iii) testing of all clothing storage 15 units, including those under 30 inches in 16 height; and 17 (iv) warning requirements based on 18 ASTM F2057–17, or its successor at the 19 time of enactment, provided that the Con- 20 sumer Product Safety Commission shall 21 strengthen the requirements of ASTM 22 F2057–17, or its successor, if reasonably 23 necessary to protect children from tip-over- 24 related death or injury. 25 VerDate Sep 11 2014 08:23 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1314.RFS H1314 kjohnson on DSK79L0C42PROD with BILLS 4 HR 1314 RFS (2) TREATMENT OF STANDARD.—A consumer 1 product safety standard promulgated under para- 2 graph (1) shall be treated as a consumer product 3 safety rule promulgated under section 9 of the Con- 4 sumer Product Safety Act (15 U.S.C. 2058). 5 (c) SUBSEQUENT RULEMAKING.— 6 (1) IN GENERAL.—At any time subsequent to 7 the publication of a consumer product safety stand- 8 ard under subsection (b)(1), the Commission may 9 initiate a rulemaking, in accordance with section 553 10 of title 5, United States Code, to modify the require- 11 ments of the consumer product safety standard de- 12 scribed in subsection (b)(1) if reasonably necessary 13 to protect children from tip-over-related death or in- 14 jury. 15 (2) REVISION OF RULE.—If, after the date of 16 the enactment of this Act, the Centers for Disease 17 Control and Prevention revises its Clinical Growth 18 Charts, the consumer product safety standard de- 19 scribed in subsection (b)(1) shall, on the date that 20 is 180 days after such revision, be revised to include 21 tests that simulate the weight of children up to the 22 95th percentile weight of children 72 months in age, 23 as depicted in the revised Centers for Disease Con- 24 trol and Prevention Clinical Growth Charts, unless 25 VerDate Sep 11 2014 08:23 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1314.RFS H1314 kjohnson on DSK79L0C42PROD with BILLS 5 HR 1314 RFS the Commission determines the modification is not 1 reasonably necessary to protect children from tip- 2 over-related death or injury. 3 (3) TREATMENT OF RULES.—Any rule promul- 4 gated under paragraph (1) or revision made pursu- 5 ant to paragraph (2) shall be treated as a consumer 6 product safety rule promulgated under section 9 of 7 the Consumer Product Safety Act (15 U.S.C. 2058). 8 Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 08:23 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1314.RFS H1314 kjohnson on DSK79L0C42PROD with BILLS