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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10259 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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