[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10259 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10259
To direct the Consumer Product Safety Commission to promulgate a
consumer product safety standard for certain gates, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 26, 2024
Mr. Huffman (for himself and Mr. Curtis) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Consumer Product Safety Commission to promulgate a
consumer product safety standard for certain gates, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alex Gate Safety Act of 2024''.
SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR COVERED GATES.
(a) Standard Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall promulgate, in
accordance with section 553 of title 5, United States Code, a
final consumer product safety standard for covered gates that
includes the requirements described in paragraph (2).
(2) Requirements described.--The requirements described in
this paragraph for a covered gate are the following:
(A) The covered gate meets the safety-related
standards of ASTM F900-24, ASTM F1184-23e1, or ASTM
F2200-24, as applicable to the relevant category of
covered gate.
(B) The covered gate does not fall more than 45
degrees from the vertical plane when the gate is
detached from the supporting hardware.
(C) The covered gate is balanced and does not move
under its own weight.
(D) The covered gate has positive stops.
(E) The manufacturer of the covered gate provides
consumers with specified notification concerning the
installation, operation, and maintenance of the gate,
including the best technical and performance
information related to the safety of the gate and
assembly and installation instructions that clearly
outline the proper procedure for all required assembly
and proper installation and tuning of the gate.
(F) If the covered gate has rolling wheels that are
easily accessible by consumers, such wheels are guarded
or covered.
(G) If the covered gate has an operator or similar
system, the gate meets the safety-related standards of
ANSI/CAN/UL 325.
(3) CPSC determination of scope.--In promulgating a
consumer product safety standard under paragraph (1), the
Commission shall determine the types of covered gates that are
subject to the standard and ensure that such covered gates are
within the jurisdiction of the Commission.
(b) Revision of Voluntary Standards.--If an organization revises a
voluntary standard that has been adopted, in whole or in part, as a
consumer product safety standard under this section, the organization
shall notify the Commission of the revision. The revised voluntary
standard shall be considered to be adopted by the Commission, effective
on the date that is 180 days after the date on which the organization
notifies the Commission of the revision (or such later date specified
by the Commission in the Federal Register) unless, not later than 90
days after the date on which the organization notifies the Commission
of the revision, the Commission notifies the organization that the
Commission has determined that the revision does not improve the safety
of the covered gates to which the standard applies and that the
Commission is retaining the existing consumer product safety standard.
Not later than 90 days before the date on which a revised voluntary
standard is considered to be adopted by the Commission under this
subsection, the Commission shall publish in the Federal Register notice
that such revised voluntary standard will be considered to be so
adopted on such date.
(c) Future Rulemaking.--At any time after the promulgation of a
consumer product safety standard under subsection (a), the Commission
may initiate a rulemaking, in accordance with section 553 of title 5,
United States Code, to modify such standard, if the Commission
determines that a modification would further reduce the risk of injury
associated with covered gates.
(d) Treatment of Standards.--Any consumer product safety standard
promulgated under subsection (a) (including any modification of such
standard under subsection (c)) or revised voluntary standard considered
to be adopted by the Commission under subsection (b) shall be treated
as a consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
SEC. 3. EDUCATION AND AWARENESS CAMPAIGN.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall undertake a national
campaign to promote awareness and educate the public about the dangers
associated with covered gates, including the dangers of detached or
falling covered gates, and methods (including low-cost methods) to
prevent covered gates from causing death or injury, including safety
standards relating to covered gates and best practices for design,
installation, inspection, maintenance, and improvement of covered
gates.
(b) Requirements.--In carrying out the campaign required by
subsection (a), the Commission shall employ, at a minimum, the
following:
(1) Educational materials designed for covered gate
manufacturers, contractors, retailers, and service companies.
(2) Educational materials designed for consumers, owners,
and operators of covered gates.
(3) Educational materials designed for building officials
and local educational agencies to support the updating and
enforcement of building codes for new and existing buildings
with respect to the safety of covered gates.
(c) Report to Congress.--Not later than 3 years after the date of
the enactment of this Act, the Commission shall submit to Congress a
report that contains a summary of actions taken by the Commission in
the campaign required by subsection (a).
SEC. 4. DEFINITIONS.
In this Act:
(1) Building official.--The term ``building official''
means any State, Tribal, territorial, or local official who is
responsible for proposing modifications to building codes,
participating in adopting building codes, interpreting building
code requirements, overseeing building code enforcement
activities, or otherwise administering building codes.
(2) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(3) Covered gate.--The term ``covered gate'' means--
(A) an automatic vehicular gate;
(B) a manual vehicular gate; and
(C) any other gate that is more than 48 inches wide
or more than 84 inches high.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Manufacturer.--The term ``manufacturer'' has the
meaning given such term in section 3(a) of the Consumer Product
Safety Act (15 U.S.C. 2052(a)).
(6) Positive stops.--The term ``positive stops'' means an
immovable component that, by the placement of the component,
physically impedes the motion of a covered gate.
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