I 

114TH CONGRESS 

2D SESSION H. R. 5442 

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 HOUSE OF REPRESENTATIVES 

JUNE 9, 2016 

Ms. SCHAKOWSKY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

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 FREE-STANDING 

3 CLOTHING STORAGE UNITS. 

4 (a) FREE-STANDING CLOTHING STORAGE UNIT DE5 FINED.—In this section, the term ‘‘free-standing clothing 

6 storage unit’’ means any piece of furniture manufactured 

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

8 States that is intended for the storage of clothing, includ9 ing furniture items that— 

10 (1) are commonly referred to as a chest, door 

11 chest, chest of drawers, dresser, or bureau; or 

12 (2) may contain a chest, door chest, chest of 

13 drawers, dresser, or bureau. 

14 (b) CONSUMER PRODUCT SAFETY STANDARD RE15 QUIRED.— 

16 (1) IN GENERAL.—Except as provided in sub17 section (c)(1), not later than 540 days after the date 

18 of the enactment of this Act, the Consumer Product 

19 Safety Commission shall promulgate, in accordance 

20 with section 553 of title 5, United States Code, a 

21 final consumer product safety standard for free22 standing clothing storage units to protect children 

23 from tip-over-related death or injury. 

24 (2) TREATMENT OF STANDARD.—A consumer 

25 product safety standard promulgated under para26 graph (1) shall be treated as a consumer product 


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1 safety rule promulgated under section 9 of the Con2 sumer Product Safety Act (15 U.S.C. 2058). 

3 (c) ASTM STANDARD.— 

4 (1) IN GENERAL.—Subsection (b)(1) shall not 

5 apply if the Commission determines that a voluntary 

6 ASTM standard relating to free-standing clothing 

7 storage units— 

8 (A) adequately protects children from tip9 over-related death or injury from free-standing 

10 clothing storage units; 

11 (B) is or will be published not later than 

12 180 days after the date of the enactment of this 

13 Act; 

14 (C) was developed by Subcommittee 

15 F15.42 on Furniture Safety of ASTM Inter16 national; and 

17 (D) is likely to be substantially complied 

18 with by furniture manufacturers. 

19 (2) PUBLICATION OF DETERMINATION.—The 

20 Commission shall publish each determination made 

21 under paragraph (1) in the Federal Register. 

22 (3) TREATMENT OF ASTM STANDARD FOR PUR23 POSES OF ENFORCEMENT.—If the Commission de24 termines that a voluntary ASTM standard meets all 

25 of the conditions described in paragraph (1), the reVerDate Sep 11 2014 20:36 Jun 13, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5442.IH H5442

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1 quirements of such ASTM standard shall be treated 

2 as a consumer product safety rule promulgated 

3 under section 9 of the Consumer Product Safety Act 

4 (15 U.S.C. 2058) beginning 180 days after the date 

5 on which the Commission’s determination is pub6 lished under paragraph (2). 

7 (4) REVISION OF ASTM STANDARD.— 

8 (A) IN GENERAL.—If ASTM International 

9 revises an ASTM standard after the Commis10 sion makes a determination under paragraph 

11 (1) with respect to such standard, ASTM Inter12 national shall notify the Commission not later 

13 than 60 days after the final version of such re14 vised standard is published. 

15 (B) TREATMENT OF REVISED ASTM

16 STANDARD.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii), the requirements of the re19 vised standard described in subparagraph 

20 (A) shall become enforceable as a rule pro21 mulgated under section 9 of the Consumer 

22 Product Safety Act (15 U.S.C. 2058), in23 stead of the prior version of such standard, 

24 beginning on— 


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1 (I) the date that is 180 days 

2 after the date on which ASTM Inter3 national notifies the Commission of 

4 such revision; or 

5 (II) such later date as the Com6 mission considers appropriate. 

7 (ii) NONCONFORMING ASTM STAND8 ARDS.—If the Commission determines, not 

9 later than 90 days after the date on which 

10 ASTM International notifies the Commis11 sion of a revised ASTM standard, that the 

12 requirements of the revised ASTM stand13 ard do not improve the safety of the con14 sumer product covered by the standard 

15 with respect to the condition described in 

16 paragraph (1)(A), the Commission shall 

17 continue to enforce the prior version of 

18 such standard in accordance with para19 graph (3). 

20 (d) SUBSEQUENT RULEMAKING.— 

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

22 the publication of a consumer product safety stand23 ard under subsection (b)(1) or a determination re24 garding an ASTM standard under subsection (c)(1), 

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1 cordance with section 553 of title 5, United States 

2 Code— 

3 (A) to modify the requirements of the con4 sumer product safety standard described in sub5 section (b)(1) or (c)(1); or 

6 (B) to include any additional provision in 

7 such consumer product safety standard that the 

8 Commission determines is reasonably necessary 

9 to protect public health or safety. 

10 (2) TREATMENT OF RULES.—Any rule promul11 gated under paragraph (1) shall be treated as a con12 sumer product safety rule promulgated under section 

13 9 of the Consumer Product Safety Act (15 U.S.C. 

14 2058). 

Æ 


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