To encourage and ensure the use of safe equestrian helmets, and for other purposes.

March 29, 2004

Mr. DASCHLE (for Mr. DODD) (for himself and Mr. CHAFEE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To encourage and ensure the use of safe equestrian helmets, 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 `Christen O'Donnell Equestrian Helmet Safety Act of 2004'.

SEC. 2. GRANTS REGARDING USE OF SAFE EQUESTRIAN HELMETS.

(a) AUTHORITY TO AWARD GRANTS- The Secretary of Commerce may award grants to States, political subdivisions of States, Indian tribes, tribal organizations, public organizations, and private nonprofit organizations for activities that encourage individuals to wear approved equestrian helmets.

(b) APPLICATION- A State, political subdivisions of States, Indian tribes, tribal organizations, public organizations, and private nonprofit organizations seeking a grant under this section shall submit to the Secretary an application for the grant, in such form and containing such information as the Secretary may require.

(c) REVIEW BEFORE AWARD-

(1) REVIEW- The Secretary shall review each application for a grant under this section in order to ensure that the applicant for the grant will use the grant for the purposes described in section 3.

(2) SCOPE OF PROGRAMS- In reviewing applications for grants, the Secretary shall permit applicants wide discretion in designing programs that effectively promote increased use of approved equestrian helmets.

SEC. 3. PURPOSES OF GRANTS.

A grant under section 2 may be used by a grantee to--

(1) encourage individuals to wear approved equestrian helmets;

(2) provide assistance to individuals who may not be able to afford approved equestrian helmets to enable such individuals to acquire such helmets;

(3) educate individuals and their families on the importance of wearing approved equestrian helmets in a proper manner in order to improve equestrian safety; or

(4) carry out any combination of activities described in paragraphs (1), (2), and (3).

SEC. 4. REPORT TO CONGRESS.

(a) REQUIREMENT- Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall submit to the appropriate committees of Congress a report on the effectiveness of grants awarded under section 2.

(b) CONTENTS OF REPORT- The report shall include a list of grant recipients, a summary of the types of programs implemented by the grant recipients, and any recommendations that the Secretary considers appropriate regarding modification or extension of the authority under section 2.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term `appropriate committees of Congress' means--

(1) the Committee on Commerce, Science, and Transportation, and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(2) the Committee on Energy and Commerce of the House of Representatives.

SEC. 5. STANDARDS.

(a) IN GENERAL- Every equestrian helmet manufactured on or after the date that is 9 months after the date of enactment of this Act shall meet--

(1) the interim standard specified in subsection (b), pending the establishment of a final standard pursuant to subsection (c); and

(2) the final standard, once that standard has been established under subsection (c).

(b) INTERIM STANDARD- The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F 1163.

(c) FINAL STANDARD-

(1) REQUIREMENT- Not later than 60 days after the date of enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to--

(A) establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in subsection (b);

(B) provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and

(C) include in the final standard any additional provisions that the Commission considers appropriate.

(2) INAPPLICABILITY OF CERTAIN LAWS- Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, and 2079(d)) shall not apply to the proceeding under this subsection, and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding.

(3) EFFECTIVE DATE- The final standard shall take effect not later than 1 year after the date it is issued.

(d) FAILURE TO MEET STANDARDS-

(1) FAILURE TO MEET INTERIM STANDARD- Until the final standard takes effect, an equestrian helmet that does not meet the interim standard, required under subsection (a)(1), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.

(2) STATUS OF FINAL STANDARD- The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.

SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS.

(a) DEPARTMENT OF COMMERCE- There is authorized to be appropriated to the Department of Commerce to carry out section 2, $100,000 for each of fiscal years 2005, 2006, and 2007.

(b) CONSUMER PRODUCT SAFETY COMMISSION- There is authorized to be appropriated to the Consumer Product Safety Commission to carry out activities under section 5, $500,000 for fiscal year 2005, which amount shall remain available until expended.

SEC. 7. DEFINITIONS.

In this Act:

(1) APPROVED EQUESTRIAN HELMET- The term `approved equestrian helmet' means an equestrian helmet that meets--

(A) the interim standard specified in section 5(b), pending establishment of a final standard under section 5(c); and

(B) the final standard, once it is effective under section 5(c).

(2) EQUESTRIAN HELMET- The term `equestrian helmet' means a hard shell head covering intended to be worn while participating in an equestrian event or activity.

END