[House Report 119-158]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-158
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AWNING SAFETY ACT OF 2025
_______
June 12, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1767]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1767) to require the Consumer Product Safety
Commission to promulgate a mandatory consumer product safety
standard with respect to retractable awnings, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 2
Committee Votes.................................................. 2
Oversight Findings and Recommendations........................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 3
Related Committee and Subcommittee Hearings...................... 3
Committee Cost Estimate.......................................... 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
PURPOSE AND SUMMARY
H.R. 1767, The Awning Safety Act of 2025, was introduced by
Representative Balderson on March 3, 2025, and referred to the
Committee on Energy and Commerce. H.R. 1767 requires the
Consumer Product Safety Commission to promulgate a mandatory
consumer product safety standard with respect to retractable
awnings.
BACKGROUND AND NEED FOR LEGISLATION
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.\1\ The hazard involved soft vinyl
awning covers enclosing a freestanding motorized retractable
awning distributed between June 1999 and January 2019.\2\ This
product had 14 reports of incidents, including one report of a
death and six injuries.\3\ The death involved a 73-year-old man
who died after falling from a ladder over an elevated porch
when the motorized awning opened unexpectedly and struck him
while removing the tie-downs.\4\
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\1\United States Consumer Product Safety Commission, SunSetter
Recalls Vinyl Covers for Motorized Awnings Due to Impact and Fall
Hazards; One Death Reported, (Aug. 13, 2019), https://www.cpsc.gov/
Recalls/2019/SunSetter-Recalls-Vinyl-Covers-for-Motorized-Awnings-Due-
to-Impact-and-Fall-Hazards-One-Death-Reported-Recall-Alert.
\2\Id.
\3\Id.
\4\Id.
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There is currently no voluntary standard for motorized
awnings, and the recall only covered one manufacturer of the
products. This legislation would require the U.S. Consumer
Product Safety Commission to promulgate a rule and regulations
for such home awnings.
COMMITTEE ACTION
On September 27, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing on H.R. 6132.\5\ The
Subcommittee received testimony from:
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\5\H.R. 6132 was reintroduced in the 119th Congress as H.R. 1767.
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Ms. Kathleen Callahan, Owner, Xpertech Auto
Repair;
Mr. Scott Benavidez, Chairman, Automotive
Service Association;
Mr. Steven Michael Gentine, Counsel, Arnold
& Porter, LLP;
Mr. John Breyault, Vice President of Public
Policy, Telecommunications and Fraud, National
Consumers League; and
Mr. David Touhey, Certified Venue Expert,
Principal, Connett Consulting (IAVM, Fix the Tix
Coalition member, former president of venues,
Monumental Sports); and Adjunct Professor of sports
management, Georgetown University and George Washington
University.
On March 4, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 1767, without
amendment, favorably reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. There were no record votes taken in connection with
ordering H.R. 1767 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held (a) hearing(s) and made findings
that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 1767 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
promulgate a mandatory consumer product safety standard with
respect to retractable awnings.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 1767 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 1767:
On September 27, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing on H.R. 6132. The
Subcommittee received testimony from:
Ms. Kathleen Callahan, Owner, Xpertech Auto
Repair;
Mr. Scott Benavidez, Chairman, Automotive
Service Association;
Mr. Steven Michael Gentine, Counsel, Arnold
& Porter, LLP;
Mr. John Breyault, Vice President of Public
Policy, Telecommunications and Fraud, National
Consumers League; and
Mr. David Touhey, Certified Venue Expert,
Principal, Connett Consulting (IAVM, Fix the Tix
Coalition member, former president of venues,
Monumental Sports); and Adjunct Professor of sports
management, Georgetown University and George Washington
University.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 1767 contains no earmarks, limited
tax benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 allows the Act to be cited as the ``Awning Safety
Act of 2025.''
Section 2. Consumer product safety standard for retractable awnings
Section 2 requires the Consumer Product Safety Commission
to promulgate a rulemaking under 5 U.S.C. 553 for a final
consumer product safety standard for fixed and freestanding
retractable awnings within the jurisdiction of the Commission.
Such a standard will 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).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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