[Congressional Record Volume 170, Number 83 (Tuesday, May 14, 2024)]
[House]
[Pages H3042-H3043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       AWNING SAFETY ACT OF 2023

  Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6132) to require the Consumer Product Safety Commission to 
promulgate a mandatory consumer product safety standard with respect to 
retractable awnings.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6132

       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 ``Awning Safety Act of 2023''.

     SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR RETRACTABLE 
                   AWNINGS.

       (a) Consumer Product Safety Standard Required.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Consumer Product Safety Commission shall promulgate, 
     under section 553 of title 5, United States Code, a final 
     consumer product safety standard for fixed and freestanding 
     retractable awnings within the jurisdiction of the Commission 
     to protect against the risk of death or serious injury 
     related to the hazards associated with such awnings, 
     including the risk of death or serious injury related to the 
     awning unexpectedly opening and striking a person while 
     removing the bungee tie-downs for the cover of the awning.
       (b) CPSC Determination of Scope.--The Consumer Product 
     Safety Commission shall specify the types of retractable 
     awning devices within the jurisdiction of the Commission that 
     are within the scope of subsection (a) as part of a standard 
     promulgated under this section, as reasonably necessary to 
     protect against hazards associated with retractable awnings.
       (c) Treatment of Standard.--A consumer product safety 
     standard promulgated under subsection (a) shall be treated as 
     a consumer product safety rule promulgated under sections 7 
     and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 
     2058).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material in the Record on this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, first, I thank Representatives Balderson and Castor for 
introducing this particular piece of legislation, H.R. 6132, the Awning 
Safety Act, and I urge my colleagues to support it.
  Mr. Speaker, I thank our constituents for bringing these issues to 
our attention. We really appreciate it. I appreciate the chairwoman and 
the ranking member because they are bringing these issues forward, and 
they need to be passed unanimously in the House and go over to the 
Senate. It is so very important.
  Motorized awnings pose a known hazard to the public with about 
270,000 units being subject to a recall by the manufacturer facilitated 
by the U.S. Consumer Product Safety Commission in August of 2019.
  This product is associated with many incidents, including at least 
one report of a death and six serious injuries.
  The death involved a 73-year-old man who died after falling from a 
ladder over an elevated porch when the motorized awning opened and 
unexpectedly struck him.
  There is currently no voluntary standard for motorized awnings, and 
the recall only covered one manufacturer of the products.
  H.R. 6132 will save lives and will require the CPSC to promulgate a 
mandatory standard regarding these home retractable awnings, which is 
within the jurisdiction of the CPSC.
  This is a commonsense bill, Mr. Speaker, and I urge my colleagues to 
support this particular bill. I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 6132, the Awning 
Safety Act. In 2019, the Consumer Product Safety Commission issued a 
recall of 270,000 motorized awnings that had caused six injuries and, 
tragically, one death.
  These products are a known hazard to the public, and while I commend 
the CPSC for taking action in 2019, we must do more to ensure motorized 
awning products, regardless of brand or manufacturer, are safe.
  The Awning Safety Act before us today would require the CPSC to 
create a mandatory safety standard for fixed and freestanding 
retractable awnings.
  Currently, there is no standard, voluntary or mandatory, for these 
awnings, and injuries continue to mount.
  Just last year, Dr. Michael Hnat, the father of a former Republican 
committee staffer, tragically died as a result of an incident involving 
a retractable awning.
  We must act to ensure that other American families do not suffer a 
similar tragedy because of problems with retractable awnings.
  I commend Representative Castor, the Democratic lead on this bill, 
and Congressman Balderson for their bipartisan work and leadership on 
this issue, and I urge my colleagues to support H.R. 6132, the Awning 
Safety Act.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Balderson), the sponsor of the bill.
  Mr. BALDERSON. Mr. Speaker, I rise today in support of my bill, the 
Awning Safety Act, which aims to enhance the safety of awnings commonly 
found in Ohio homes and households across the Nation.
  A retractable awning can serve as a valuable source of shade and a 
gathering spot for family and friends. However, it can pose a 
significant risk if not properly handled.
  This legislation directs the Consumer Product Safety Commission to 
establish safety standards for fixed and freestanding awnings being 
typically installed in homes.
  My Energy and Commerce Committee colleagues and I learned of the 
serious risk surrounding the awnings this past August when tragedy 
struck the family of Olivia Shields, a staff member for the committee 
at the time. Olivia and her mother are in the gallery as I speak.
  Her father, Michael Hnat, was carrying out a routine household task, 
taking down the retractable awning from the family home.
  He was on a ladder when the spring-loaded arm of the awning 
unexpectedly shot out at him, forcing his ladder to tip and causing him 
to fall.
  Michael suffered a severe spinal cord injury, and despite efforts to 
save him, he tragically passed away a few days later.

[[Page H3043]]

  


                              {time}  1545

  His passing affected his family profoundly and reverberated 
throughout the communities he touched. Michael was renowned for his 
kindness, generosity, and selflessness, often going above and beyond to 
help others in need.
  He was a devoted family man, a cherished husband to Jill, and a 
loving father to their children, Annaliese, Olivia, Abbey, Seamus, 
Emma, his sons-in-law, and his grandchildren. Michael's untimely death 
underscores the importance of ensuring the safety of household products 
like awnings, and by passing this legislation today, we can prevent 
future tragedies.
  Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Florida (Ms. Castor), the Democratic sponsor of this 
bill and the ranking member of our Energy and Commerce's Oversight and 
Investigations Subcommittee.
  Ms. CASTOR of Florida. Mr. Speaker, I thank Mr. Pallone for yielding 
the time.
  Mr. Speaker, I rise in strong support of H.R. 6132, the Awning Safety 
Act, which passed out of the Energy and Commerce Committee unanimously. 
I thank Representative Balderson for working with me and leading this 
important consumer protection bill that will prompt the Consumer 
Product Safety Commission to promulgate a safety standard for fixed and 
freestanding motorized, retractable awnings.
  Awnings are common for households across the country. The last thing 
a person should be worried about is a defective product, but in 2019, a 
motorized product was recalled after 14 incidents, including one fatal 
injury. The CPSC worked quickly with the manufacturer to recall the 
product and provide a remedy for consumers, but all consumers deserve 
protection.
  It is important that the CPSC continues this work to save lives and 
keep families safe. That is why Representative Balderson and I are 
offering this bill to provide oversight and increased safety, empower 
the Consumer Product Safety Commission, and help prevent other families 
from suffering through tragic injuries and even deaths.
  Consumers and their children deserve to enjoy the great outdoors 
without the fear of injury or death from products they presume to be 
safe. I thank the committee's chairwoman, Cathy McMorris Rodgers, for 
encouraging us in this effort, as well as Ranking Member Pallone and 
the entire committee.
  Mr. Speaker, I urge a ``yes'' vote.
  Mr. PALLONE. Mr. Speaker, I urge all of my colleagues to support this 
bill. Obviously, we have to prevent more tragedies like what occurred. 
I ask unanimous support for this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I urge a ``yes'' vote. I thank my 
colleagues, Representative Castor from the State of Florida, and, of 
course, Mr. Balderson from the great State of Ohio for sponsoring the 
bill.
  Mr. Speaker, I urge passage, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules 
and pass the bill, H.R. 6132.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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