[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1682 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1682
To direct the Consumer Product Safety Commission to promulgate a
consumer product safety standard for certain gates, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2025
Mr. Curtis (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 2025''.
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 F900-25, ASTM F1184-23e1, or ASTM
F2200-24, as applicable to the relevant category of
covered gate as of January 1, 2025, or any successor
standard.
(B) If the covered gate has an operator or similar
system, the gate meets the safety-related standards of
ANSI/CAN/UL 325 as of January 1, 2025, or any successor
standard.
(b) CPSC Determination of Scope.--In promulgating a consumer
product safety standard under subsection (a), 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.
(c) Revision of Voluntary Standards.--
(1) Notice to the commission.--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.
(2) Treatment of 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.
(d) 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.
(e) 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 (c) 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 84 inches or greater in height.
(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.
(7) State.--The term ``State'' has the meaning given such
term in section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052(a)).
<all>