II 117TH CONGRESS 1ST SESSION S. 441 To require the Consumer Product Safety Commission to promulgate a con- sumer product safety rule for free-standing clothing storage units to protect children from tip-over related death or injury, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2021 Mr. CASEY (for himself, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Ms. CORTEZ MASTO, Mr. BOOKER, Ms. WARREN, Mr. MARKEY, Ms. SMITH, Mrs. SHAHEEN, Mr. DURBIN, Mrs. FEINSTEIN, Mr. COTTON, Ms. BALDWIN, Mr. VAN HOLLEN, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Tip-overs of Un- 4 stable, Risky Dressers on Youth Act’’ or the ‘‘STURDY 5 Act’’. 6 VerDate Sep 11 2014 03:32 Mar 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S441.IS S441 kjohnson on DSK79L0C42PROD with BILLS 2 •S 441 IS SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PRO- 1 TECT AGAINST TIP-OVER OF CLOTHING 2 STORAGE UNITS. 3 (a) CLOTHING STORAGE UNIT DEFINED.—In this 4 section, the term ‘‘clothing storage unit’’ means any free- 5 standing furniture item manufactured in the United 6 States or imported for use in the United States that is 7 intended for the storage of clothing, typical of bedroom 8 furniture. 9 (b) CONSUMER PRODUCT SAFETY STANDARD RE- 10 QUIRED.— 11 (1) IN GENERAL.—Except as provided in sub- 12 section (c)(1), not later than 1 year after the date 13 of the enactment of this Act, the Consumer Product 14 Safety Commission shall— 15 (A) in consultation with representatives of 16 consumer groups, clothing storage unit manu- 17 facturers, craft or handmade furniture manu- 18 facturers, and independent child product engi- 19 neers and experts, examine and assess the ef- 20 fectiveness of any voluntary consumer product 21 safety standards for clothing storage units; and 22 (B) in accordance with section 553 of title 23 5, United States Code, promulgate a final con- 24 sumer product safety standard for clothing 25 VerDate Sep 11 2014 03:32 Mar 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S441.IS S441 kjohnson on DSK79L0C42PROD with BILLS 3 •S 441 IS storage units to protect children from tip-over- 1 related death or injury that includes— 2 (i) tests that simulate the weight of 3 children up to 60 pounds; 4 (ii) objective, repeatable, and measur- 5 able tests that simulate real world use and 6 account for any impact on clothing storage 7 unit stability that may result from place- 8 ment on carpeted surfaces, drawers with 9 items in them, multiple open drawers, or 10 dynamic force; 11 (iii) testing of all clothing storage 12 units, including those under 30 inches in 13 height; and 14 (iv) warning requirements based on 15 ASTM F2057–17, or its successor at the 16 time of enactment, provided that the Con- 17 sumer Product Safety Commission shall 18 strengthen the requirements of ASTM 19 F2057–17, or its successor, if reasonably 20 necessary to protect children from tip-over- 21 related death or injury. 22 (2) TREATMENT OF STANDARD.—A consumer 23 product safety standard promulgated under para- 24 graph (1) shall be treated as a consumer product 25 VerDate Sep 11 2014 03:32 Mar 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S441.IS S441 kjohnson on DSK79L0C42PROD with BILLS 4 •S 441 IS safety rule promulgated under section 9 of the Con- 1 sumer Product Safety Act (15 U.S.C. 2058). 2 (c) SUBSEQUENT RULEMAKING.— 3 (1) IN GENERAL.—At any time subsequent to 4 the publication of a consumer product safety stand- 5 ard under subsection (b)(1), the Commission may 6 initiate a rulemaking, in accordance with section 553 7 of title 5, United States Code to modify the require- 8 ments of the consumer product safety standard de- 9 scribed in subsection (b)(1) if reasonably necessary 10 to protect children from tip-over-related death or in- 11 jury. 12 (2) REVISION OF RULE.—If, after the date of 13 the enactment of this Act, the Centers for Disease 14 Control and Prevention revises its Clinical Growth 15 Charts, the consumer product safety standard de- 16 scribed in subsection (b)(1) shall, on the date that 17 is 180 days after such revision, be revised to include 18 tests that simulate the weight of children up to the 19 95th percentile weight of children 72 months in age, 20 as depicted in the revised Centers for Disease Con- 21 trol and Prevention Clinical Growth Charts, unless 22 the Commission determines the modification is not 23 reasonably necessary to protect children from tip- 24 over-related death or injury. 25 VerDate Sep 11 2014 03:32 Mar 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S441.IS S441 kjohnson on DSK79L0C42PROD with BILLS 5 •S 441 IS (3) TREATMENT OF RULES.—Any rule promul- 1 gated under paragraph (1) or revision made pursu- 2 ant to paragraph (2) shall be treated as a consumer 3 product safety rule promulgated under section 9 of 4 the Consumer Product Safety Act (15 U.S.C. 2058). 5 Æ VerDate Sep 11 2014 03:32 Mar 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S441.IS S441 kjohnson on DSK79L0C42PROD with BILLS