II 

Calendar No. 503 

117TH CONGRESS 

2D SESSION S. 3232 

[Report No. 117–161] 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2021 

Mr. CASEY (for himself, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mr. COTTON, 

Mr. MARKEY, Ms. CORTEZ MASTO, Ms. SMITH, Ms. WARREN, Mr. 

COONS, Mrs. FEINSTEIN, Ms. BALDWIN, Mr. CARDIN, Mr. DURBIN, and 

Mr. LUJA ́N) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

SEPTEMBER 27, 2022 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Consumer Product Safety Commission to 

promulgate a consumer product safety rule for freestanding clothing storage units to protect children from 

tip-over related death or injury, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stop Tip-overs of Un3 stable, Risky Dressers on Youth Act’’ or the ‘‘STURDY 

4 Act’’. 

5 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PRO6 TECT AGAINST TIP-OVER OF CLOTHING 

7 STORAGE UNITS. 

8 (a) CLOTHING STORAGE UNIT DEFINED.—In this 

9 section, the term ‘‘clothing storage unit’’ means any free10 standing furniture item manufactured in the United 

11 States or imported for use in the United States that is 

12 intended for the storage of clothing, typical of bedroom 

13 furniture. 

14 (b) CPSC DETERMINATION OF SCOPE.—The Con15 sumer Product Safety Commission shall specify the types 

16 of furniture items within the scope of subsection (a) for 

17 purposes of the standard promulgated under subsection 

18 (c) based on tip-over data as reasonably necessary to pro19 tect children up to 72 months of age from injury or death. 

20 (c) CONSUMER PRODUCT SAFETY STANDARD RE21 QUIRED.— 

22 (1) IN GENERAL.—Except as provided in sub23 section (d)(1), not later than 1 year after the date 

24 of the enactment of this Act, the Consumer Product 

25 Safety Commission shall— 


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1 (A) in consultation with representatives of 

2 consumer groups, clothing storage unit manu3 facturers, craft or handmade furniture manu4 facturers, and independent child product engi5 neers and experts, examine and assess the ef6 fectiveness of any voluntary consumer product 

7 safety standards for clothing storage units; and 

8 (B) in accordance with section 553 of title 

9 5, United States Code, promulgate a final con10 sumer product safety standard for clothing 

11 storage units to protect children from tip-over12 related death or injury that includes— 

13 (i) tests that simulate the weight of 

14 children up to 60 pounds; 

15 (ii) objective, repeatable, and measur16 able tests that simulate real world use and 

17 account for any impact on clothing storage 

18 unit stability that may result from place19 ment on carpeted surfaces, drawers with 

20 items in them, multiple open drawers, or 

21 dynamic force; 

22 (iii) testing of all clothing storage 

23 units, including those 27 inches and above 

24 in height; 


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1 (iv) tests that permit incorporated 

2 safety features (excluding tip restraints) to 

3 work as intended if the features cannot be 

4 overridden by consumers in normal use 

5 and provide an equivalent or greater level 

6 of safety as tests developed pursuant to 

7 clauses (i) through (iii); and 

8 (v) warning requirements based on 

9 ASTM F2057–19, or its successor at the 

10 time of enactment, provided that the Con11 sumer Product Safety Commission shall 

12 strengthen the requirements of ASTM 

13 F2057–19, or its successor, if reasonably 

14 necessary to protect children from tip-over15 related death or injury. 

16 (2) TREATMENT OF STANDARD.—A consumer 

17 product safety standard promulgated under para18 graph (1) shall be treated as a consumer product 

19 safety rule promulgated under section 9 of the Con20 sumer Product Safety Act (15 U.S.C. 2058). 

21 (d) SUBSEQUENT RULEMAKING.— 

22 (1) IN GENERAL.—At any time subsequent to 

23 the publication of a consumer product safety stand24 ard under subsection (c)(1), the Commission shall 

25 initiate a rulemaking, in accordance with section 553 


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1 of title 5, United States Code to modify the require2 ments of the consumer product safety standard de3 scribed in subsection (c)(1) if the Commission deter4 mines that such modifications are reasonably nec5 essary to protect children from tip-over-related death 

6 or injury. 

7 (2) REVISION OF RULE.— 

8 (A) IN GENERAL.—If the Commission re9 ceives a petition for a new or revised test under 

10 subsection (c)(1)(B)(iv), the Commission shall 

11 determine within 120 days— 

12 (i) whether the petition meets the re13 quirements for petitions set forth in sec14 tion 1051.5 of title 16, Code of Federal 

15 Regulations, or any successor regulation 

16 implementing section 9(i) of the Consumer 

17 Product Safety Act (15 U.S.C. 2058(i)); 

18 and 

19 (ii) whether the petition demonstrates 

20 that the test could reasonably meet the re21 quirements of subsection (c)(1)(B)(iv), and 

22 if so, the Commission shall determine by 

23 recorded vote, within 60 days after the de24 termination, whether to initiate a rule25 making, in accordance with section 553 of 


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1 title 5, United States Code, to revise the 

2 consumer product safety standard de3 scribed in subsection (c)(1) to include the 

4 new or revised text. 

5 (B) REVISIONS BASED ON GROWTH

6 CHARTS.—If, after the date of the enactment of 

7 this Act, the Centers for Disease Control and 

8 Prevention revises its Clinical Growth Charts, 

9 the consumer product safety standard described 

10 in subsection (c)(1) shall, on the date that is 

11 180 days after such revision, be revised to in12 clude tests that simulate the weight of children 

13 up to the 95th percentile weight of children 72 

14 months in age, as depicted in the revised Cen15 ters for Disease Control and Prevention Clinical 

16 Growth Charts, unless the Commission deter17 mines the modification is not reasonably nec18 essary to protect children from tip-over-related 

19 death or injury. 

20 (3) TREATMENT OF RULES.—Any rule promul21 gated under paragraph (1) or revision made pursu22 ant to paragraph (2) shall be treated as a consumer 

23 product safety rule promulgated under section 9 of 

24 the Consumer Product Safety Act (15 U.S.C. 2058). 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stop Tip-overs of Unsta3 ble, Risky Dressers on Youth Act’’ or the ‘‘STURDY Act’’. 

4 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PRO5 TECT AGAINST TIP-OVER OF CLOTHING STOR6 AGE UNITS. 

7 (a) CLOTHING STORAGE UNIT DEFINED.—In this sec8 tion, the term ‘‘clothing storage unit’’ means any free-stand9 ing furniture item manufactured in the United States or 

10 imported for use in the United States that is intended for 

11 the storage of clothing, typical of bedroom furniture. 

12 (b) CPSC DETERMINATION OF SCOPE.—The Con13 sumer Product Safety Commission shall specify the types 

14 of furniture items within the scope of subsection (a) as part 

15 of a standard promulgated under this section based on tip16 over data as reasonably necessary to protect children up 

17 to 72 months of age from injury or death. 

18 (c) CONSUMER PRODUCT SAFETY STANDARD RE19 QUIRED.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (f)(1), not later than 1 year after the date of 

22 the enactment of this Act, the Consumer Product Safe23 ty Commission shall— 

24 (A) in consultation with representatives of 

25 consumer groups, clothing storage unit manufac26 turers, craft or handmade furniture manufacturVerDate Sep 11 2014 22:58 Sep 27, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S3232.RS S3232

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1 ers, and independent child product engineers and 

2 experts, examine and assess the effectiveness of 

3 any voluntary consumer product safety stand4 ards for clothing storage units; and 

5 (B) in accordance with section 553 of title 

6 5, United States Code, and paragraph (2), pro7 mulgate a final consumer product safety stand8 ard for clothing storage units to protect children 

9 from tip-over-related death or injury, that shall 

10 take effect 180 days after the date of promulga11 tion or such a later date as the Commission de12 termines appropriate. 

13 (2) REQUIREMENTS.—The standard promulgated 

14 under paragraph (1) shall protect children from tip15 over-related death or injury with— 

16 (A) tests that simulate the weight of chil17 dren up to 60 pounds; 

18 (B) objective, repeatable, reproducible, and 

19 measurable tests or series of tests that simulate 

20 real-world use and account for impacts on cloth21 ing storage unit stability that may result from 

22 placement on carpeted surfaces, drawers with 

23 items in them, multiple open drawers, and dy24 namic force; 


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1 (C) testing of all clothing storage units, in2 cluding those 27 inches and above in height; and 

3 (D) warning requirements based on ASTM 

4 F2057–19, or its successor at the time of enact5 ment, provided that the Consumer Product Safe6 ty Commission may strengthen the warning re7 quirements of ASTM F2057–19, or its successor, 

8 if reasonably necessary to protect children from 

9 tip-over-related death or injury. 

10 (3) TESTING CLARIFICATION.—Tests referred to 

11 in paragraph (2)(B) shall allow for the utilization of 

12 safety features (excluding tip restraints) to work as 

13 intended if the features cannot be overridden by con14 sumers in normal use. 

15 (4) TREATMENT OF STANDARD.—A consumer 

16 product safety standard promulgated under para17 graph (1) shall be treated as a consumer product safe18 ty rule promulgated under section 9 of the Consumer 

19 Product Safety Act (15 U.S.C. 2058). 

20 (d) ADOPTION OF VOLUNTARY STANDARD.— 

21 (1) IN GENERAL.—If a voluntary standard exists 

22 that meets the requirements of paragraph (2), the 

23 Commission shall, not later than 180 days after the 

24 date on which such determination is made and in ac25 cordance with section 553 of title 5, United States 


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1 Code, promulgate a final consumer product safety 

2 standard that adopts the applicable performance re3 quirements of such voluntary standard related to pro4 tecting children from tip-over-related death or injury. 

5 A consumer product safety standard promulgated 

6 under this subsection shall be treated as a consumer 

7 product safety rule promulgated under section 9 of the 

8 Consumer Product Safety Act (15 U.S.C. 2058). Such 

9 standard shall take effect 180 days after the date of 

10 the promulgation of the rule, or such a later date as 

11 the Commission determines appropriate. Such stand12 ard will supersede any other existing consumer prod13 uct safety standard for clothing storage units to pro14 tect children from tip-over-related death or injury. 

15 (2) REQUIREMENTS.—The requirements of this 

16 paragraph with respect to a voluntary standard for 

17 clothing storage units are that such standard— 

18 (A) includes performance requirements that 

19 meet the requirements described in subsection 

20 (c)(2); 

21 (B) is, or will be, published not later than 

22 120 days after the date of enactment of this Act; 

23 and 

24 (C) is developed by ASTM International or 

25 such other standard development organization 


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1 that the Commission determines is in compliance 

2 with the intent of this Act. 

3 (3) NOTICE REQUIRED TO BE PUBLISHED IN THE

4 FEDERAL REGISTER.—The Commission shall publish 

5 a notice in the Federal Register upon beginning the 

6 promulgation of a rule under this subsection. 

7 (e) REVISION OF VOLUNTARY STANDARD.— 

8 (1) NOTICE TO COMMISSION.—If the performance 

9 requirements of a voluntary standard adopted under 

10 subsection (d) are subsequently revised, the organiza11 tion that revised the performance requirements of such 

12 standard shall notify the Commission of such revision 

13 after final approval. 

14 (2) TREATMENT OF REVISION.—Not later than 

15 90 days after the date on which the Commission is 

16 notified of revised performance requirements of a vol17 untary standard described in paragraph (1) (or such 

18 later date as the Commission determines appro19 priate), the Commission shall determine whether the 

20 revised performance requirements meet the require21 ments of subsection (d)(2)(A), and if so, modify, in 

22 accordance with section 553 of title 5, United States 

23 Code, the standard promulgated under subsection (d) 

24 to include the revised performance requirements that 

25 the Commission determines meet such requirements. 


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1 The modified standard shall take effect after 180 days 

2 or such later date as the Commission deems appro3 priate. 

4 (f) SUBSEQUENT RULEMAKING.— 

5 (1) IN GENERAL.—Beginning 5 years after the 

6 date of enactment of this Act, subsequent to the publi7 cation of a consumer product safety standard under 

8 this section, the Commission may, at any time, ini9 tiate rulemaking, in accordance with section 553 of 

10 title 5, United States Code, to modify the require11 ments of such standard or to include additional pro12 visions if the Commission makes a determination that 

13 such modifications or additions are reasonably nec14 essary to protect children from tip-over-related death 

15 or injury. 

16 (2) PETITION FOR REVISION OF RULE.— 

17 (A) IN GENERAL.—If the Commission re18 ceives a petition for a new or revised test that 

19 permits incorporated safety features (excluding 

20 tip restraints) to work as intended, if the fea21 tures cannot be overridden by consumers in nor22 mal use and provide an equivalent or greater 

23 level of safety as the tests developed under sub24 section (c)(2) or the performance requirements 

25 described in subsection (d)(2)(A), as applicable, 


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1 the Commission shall determine within 120 

2 days— 

3 (i) whether the petition meets the re4 quirements for petitions set forth in section 

5 1051.5 of title 16, Code of Federal Regula6 tions, or any successor regulation imple7 menting section 9(i) of the Consumer Prod8 uct Safety Act (15 U.S.C. 2058(i)); and 

9 (ii) whether the petition demonstrates 

10 that the test could reasonably meet the re11 quirements of subsection (c)(2)(B), and if 

12 so, the Commission shall determine by re13 corded vote, within 60 days after the deter14 mination, whether to initiate rulemaking, 

15 in accordance with section 553 of title 5, 

16 United States Code, to revise a consumer 

17 product safety standard promulgated under 

18 this section to include the new or revised 

19 test. 

20 (B) DEMONSTRATION OF COMPLIANCE.— 

21 Compliance with the testing requirements of a 

22 standard revised under paragraph (2)(A) may be 

23 demonstrated either through the performance of a 

24 new or revised test under paragraph (2)(A) or 

25 the performance of the tests otherwise required 


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1 under a standard promulgated under this sec2 tion. 

3 (3) TREATMENT OF RULES.—Any rule promul4 gated under this subsection, including any modifica5 tion or revision made under this subsection, shall be 

6 treated as a consumer product safety rule promul7 gated under section 9 of the Consumer Product Safety 

8 Act (15 U.S.C. 2058). 


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Calendar No. 503 

117TH CONGRESS 

2D SESSION S. 3232 

[Report No. 117–161] 

A BILL 

To require the Consumer Product Safety Commisjury, and for other purposes. protect children from tip-over related death or in- rule for free-standing clothing storage units to sion to promulgate a consumer product safety 

SEPTEMBER 27, 2022 

Reported with an amendment 


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