II 

117TH CONGRESS 

1ST SESSION S. 3232 

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, and Mr. DURBIN) 

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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Tip-overs of Un5 stable, Risky Dressers on Youth Act’’ or the ‘‘STURDY 

6 Act’’. 


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1 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PRO2 TECT AGAINST TIP-OVER OF CLOTHING 

3 STORAGE UNITS. 

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

5 section, the term ‘‘clothing storage unit’’ means any free6 standing furniture item manufactured in the United 

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

8 intended for the storage of clothing, typical of bedroom 

9 furniture. 

10 (b) CPSC DETERMINATION OF SCOPE.—The Con11 sumer Product Safety Commission shall specify the types 

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

13 purposes of the standard promulgated under subsection 

14 (c) based on tip-over data as reasonably necessary to pro15 tect children up to 72 months of age from injury or death. 

16 (c) CONSUMER PRODUCT SAFETY STANDARD RE17 QUIRED.— 

18 (1) IN GENERAL.—Except as provided in sub19 section (d)(1), not later than 1 year after the date 

20 of the enactment of this Act, the Consumer Product 

21 Safety Commission shall— 

22 (A) in consultation with representatives of 

23 consumer groups, clothing storage unit manu24 facturers, craft or handmade furniture manu25 facturers, and independent child product engi26 neers and experts, examine and assess the efVerDate Sep 11 2014 03:18 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232

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1 fectiveness of any voluntary consumer product 

2 safety standards for clothing storage units; and 

3 (B) in accordance with section 553 of title 

4 5, United States Code, promulgate a final con5 sumer product safety standard for clothing 

6 storage units to protect children from tip-over7 related death or injury that includes— 

8 (i) tests that simulate the weight of 

9 children up to 60 pounds; 

10 (ii) objective, repeatable, and measur11 able tests that simulate real world use and 

12 account for any impact on clothing storage 

13 unit stability that may result from place14 ment on carpeted surfaces, drawers with 

15 items in them, multiple open drawers, or 

16 dynamic force; 

17 (iii) testing of all clothing storage 

18 units, including those 27 inches and above 

19 in height; 

20 (iv) tests that permit incorporated 

21 safety features (excluding tip restraints) to 

22 work as intended if the features cannot be 

23 overridden by consumers in normal use 

24 and provide an equivalent or greater level 


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1 of safety as tests developed pursuant to 

2 clauses (i) through (iii); and 

3 (v) warning requirements based on 

4 ASTM F2057–19, or its successor at the 

5 time of enactment, provided that the Con6 sumer Product Safety Commission shall 

7 strengthen the requirements of ASTM 

8 F2057–19, or its successor, if reasonably 

9 necessary to protect children from tip-over10 related death or injury. 

11 (2) TREATMENT OF STANDARD.—A consumer 

12 product safety standard promulgated under para13 graph (1) shall be treated as a consumer product 

14 safety rule promulgated under section 9 of the Con15 sumer Product Safety Act (15 U.S.C. 2058). 

16 (d) SUBSEQUENT RULEMAKING.— 

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

18 the publication of a consumer product safety stand19 ard under subsection (c)(1), the Commission shall 

20 initiate a rulemaking, in accordance with section 553 

21 of title 5, United States Code to modify the require22 ments of the consumer product safety standard de23 scribed in subsection (c)(1) if the Commission deter24 mines that such modifications are reasonably necVerDate Sep 11 2014 03:18 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3232.IS S3232

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1 essary to protect children from tip-over-related death 

2 or injury. 

3 (2) REVISION OF RULE.— 

4 (A) IN GENERAL.—If the Commission re5 ceives a petition for a new or revised test under 

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

7 determine within 120 days— 

8 (i) whether the petition meets the re9 quirements for petitions set forth in sec10 tion 1051.5 of title 16, Code of Federal 

11 Regulations, or any successor regulation 

12 implementing section 9(i) of the Consumer 

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

14 and 

15 (ii) whether the petition demonstrates 

16 that the test could reasonably meet the re17 quirements of subsection (c)(1)(B)(iv), and 

18 if so, the Commission shall determine by 

19 recorded vote, within 60 days after the de20 termination, whether to initiate a rule21 making, in accordance with section 553 of 

22 title 5, United States Code, to revise the 

23 consumer product safety standard de24 scribed in subsection (c)(1) to include the 

25 new or revised text. 


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1 (B) REVISIONS BASED ON GROWTH

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

3 this Act, the Centers for Disease Control and 

4 Prevention revises its Clinical Growth Charts, 

5 the consumer product safety standard described 

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

7 180 days after such revision, be revised to in8 clude tests that simulate the weight of children 

9 up to the 95th percentile weight of children 72 

10 months in age, as depicted in the revised Cen11 ters for Disease Control and Prevention Clinical 

12 Growth Charts, unless the Commission deter13 mines the modification is not reasonably nec14 essary to protect children from tip-over-related 

15 death or injury. 

16 (3) TREATMENT OF RULES.—Any rule promul17 gated under paragraph (1) or revision made pursu18 ant to paragraph (2) shall be treated as a consumer 

19 product safety rule promulgated under section 9 of 

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

Æ 


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