I 

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. 

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 ‘‘Alex Gate Safety Act 

5 of 2024’’. 

6 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR COV7 ERED GATES. 

8 (a) STANDARD REQUIRED.— 

9 (1) IN GENERAL.—Not later than 1 year after 

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1 sion shall promulgate, in accordance with section 

2 553 of title 5, United States Code, a final consumer 

3 product safety standard for covered gates that in4 cludes the requirements described in paragraph (2). 

5 (2) REQUIREMENTS DESCRIBED.—The require6 ments described in this paragraph for a covered gate 

7 are the following: 

8 (A) The covered gate meets the safety-re9 lated standards of ASTM F900–24, ASTM 

10 F1184–23e1, or ASTM F2200–24, as applica11 ble to the relevant category of covered gate. 

12 (B) The covered gate does not fall more 

13 than 45 degrees from the vertical plane when 

14 the gate is detached from the supporting hard15 ware. 

16 (C) The covered gate is balanced and does 

17 not move under its own weight. 

18 (D) The covered gate has positive stops. 

19 (E) The manufacturer of the covered gate 

20 provides consumers with specified notification 

21 concerning the installation, operation, and 

22 maintenance of the gate, including the best 

23 technical and performance information related 

24 to the safety of the gate and assembly and in25 stallation instructions that clearly outline the 


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1 proper procedure for all required assembly and 

2 proper installation and tuning of the gate. 

3 (F) If the covered gate has rolling wheels 

4 that are easily accessible by consumers, such 

5 wheels are guarded or covered. 

6 (G) If the covered gate has an operator or 

7 similar system, the gate meets the safety-re8 lated standards of ANSI/CAN/UL 325. 

9 (3) CPSC DETERMINATION OF SCOPE.—In pro10 mulgating a consumer product safety standard 

11 under paragraph (1), the Commission shall deter12 mine the types of covered gates that are subject to 

13 the standard and ensure that such covered gates are 

14 within the jurisdiction of the Commission. 

15 (b) REVISION OF VOLUNTARY STANDARDS.—If an 

16 organization revises a voluntary standard that has been 

17 adopted, in whole or in part, as a consumer product safety 

18 standard under this section, the organization shall notify 

19 the Commission of the revision. The revised voluntary 

20 standard shall be considered to be adopted by the Commis21 sion, effective on the date that is 180 days after the date 

22 on which the organization notifies the Commission of the 

23 revision (or such later date specified by the Commission 

24 in the Federal Register) unless, not later than 90 days 

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1 mission of the revision, the Commission notifies the orga2 nization that the Commission has determined that the re3 vision does not improve the safety of the covered gates 

4 to which the standard applies and that the Commission 

5 is retaining the existing consumer product safety stand6 ard. Not later than 90 days before the date on which a 

7 revised voluntary standard is considered to be adopted by 

8 the Commission under this subsection, the Commission 

9 shall publish in the Federal Register notice that such re10 vised voluntary standard will be considered to be so adopt11 ed on such date. 

12 (c) FUTURE RULEMAKING.—At any time after the 

13 promulgation of a consumer product safety standard 

14 under subsection (a), the Commission may initiate a rule15 making, in accordance with section 553 of title 5, United 

16 States Code, to modify such standard, if the Commission 

17 determines that a modification would further reduce the 

18 risk of injury associated with covered gates. 

19 (d) TREATMENT OF STANDARDS.—Any consumer 

20 product safety standard promulgated under subsection (a) 

21 (including any modification of such standard under sub22 section (c)) or revised voluntary standard considered to 

23 be adopted by the Commission under subsection (b) shall 

24 be treated as a consumer product safety rule promulgated 


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1 under section 9 of the Consumer Product Safety Act (15 

2 U.S.C. 2058). 

3 SEC. 3. EDUCATION AND AWARENESS CAMPAIGN. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of the enactment of this Act, the Commission shall 

6 undertake a national campaign to promote awareness and 

7 educate the public about the dangers associated with cov8 ered gates, including the dangers of detached or falling 

9 covered gates, and methods (including low-cost methods) 

10 to prevent covered gates from causing death or injury, in11 cluding safety standards relating to covered gates and best 

12 practices for design, installation, inspection, maintenance, 

13 and improvement of covered gates. 

14 (b) REQUIREMENTS.—In carrying out the campaign 

15 required by subsection (a), the Commission shall employ, 

16 at a minimum, the following: 

17 (1) Educational materials designed for covered 

18 gate manufacturers, contractors, retailers, and serv19 ice companies. 

20 (2) Educational materials designed for con21 sumers, owners, and operators of covered gates. 

22 (3) Educational materials designed for building 

23 officials and local educational agencies to support 

24 the updating and enforcement of building codes for 


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1 new and existing buildings with respect to the safety 

2 of covered gates. 

3 (c) REPORT TO CONGRESS.—Not later than 3 years 

4 after the date of the enactment of this Act, the Commis5 sion shall submit to Congress a report that contains a 

6 summary of actions taken by the Commission in the cam7 paign required by subsection (a). 

8 SEC. 4. DEFINITIONS. 

9 In this Act: 

10 (1) BUILDING OFFICIAL.—The term ‘‘building 

11 official’’ means any State, Tribal, territorial, or local 

12 official who is responsible for proposing modifica13 tions to building codes, participating in adopting 

14 building codes, interpreting building code require15 ments, overseeing building code enforcement activi16 ties, or otherwise administering building codes. 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Consumer Product Safety Commission. 

19 (3) COVERED GATE.—The term ‘‘covered gate’’ 

20 means— 

21 (A) an automatic vehicular gate; 

22 (B) a manual vehicular gate; and 

23 (C) any other gate that is more than 48 

24 inches wide or more than 84 inches high. 


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1 (4) LOCAL EDUCATIONAL AGENCY.—The term 

2 ‘‘local educational agency’’ has the meaning given 

3 such term in section 8101 of the Elementary and 

4 Secondary Education Act of 1965 (20 U.S.C. 7801). 

5 (5) MANUFACTURER.—The term ‘‘manufac6 turer’’ has the meaning given such term in section 

7 3(a) of the Consumer Product Safety Act (15 U.S.C. 

8 2052(a)). 

9 (6) POSITIVE STOPS.—The term ‘‘positive 

10 stops’’ means an immovable component that, by the 

11 placement of the component, physically impedes the 

12 motion of a covered gate. 

Æ 


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