102d CONGRESS
2d Session
S. 2952
AN ACT
To establish a grant program under the National Highway Traffic Safety
Administration for the purpose of promoting the use of bicycle helmets by
individuals under the age of 16.
S 2952 ES
102d CONGRESS
2d Session
S. 2952
AN ACT
To establish a grant program under the National Highway Traffic Safety
Administration for the purpose of promoting the use of bicycle helmets by
individuals under the age of 16.
  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 `Children's Bicycle Helmet Safety Act of 1992'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) 90 million Americans ride bicycles and 20 million ride a bicycle more
  than once a week;
  (2) between 1984 and 1988, 2,985 bicyclists in the United States died
  from head injuries and 905,752 suffered head injuries that were treated
  in hospital emergency rooms;
  (3) 41 percent of bicycle-related head injury deaths and 76 percent of
  bicycle-related head injuries occurred among American children under age 15;
  (4) deaths and injuries from bicycle accidents cost society $7.6 billion
  annually; and a child suffering from a head injury, on average, will cost
  society $4.5 million over the child's lifetime;
  (5) universal use of bicycle helmets in the United States would have
  prevented 2,600 deaths from head injuries and 757,000 injuries; and
  (6) only 5 percent of children in the Nation who ride bicycles wear helmets.
SEC. 3. ESTABLISHMENT OF PROGRAM.
  The Administrator of the National Highway Traffic Safety Administration may,
  in accordance with section 4, make grants to States and State political
  subdivisions for programs that require or encourage individuals under
  the age of 16 to wear approved bicycle helmets. In making those grants,
  the Administrator shall allow grantees to use wide discretion in designing
  programs that effectively promote increased bicycle helmet use.
SEC. 4. PURPOSES FOR GRANTS.
  A grant made under section 3 may be used by a grantee to--
  (1) enforce a law that requires individuals under the age of 16 to wear
  approved bicycle helmets on their heads while riding on bicycles;
  (2) assist individuals under the age of 16 to acquire approved bicycle
  helmets;
  (3) develop and administer a program to educate individuals under the
  age of 16 and their families on the importance of wearing such helmets in
  order to improve bicycle safety; or
  (4) carry out any combination of the activities described in paragraphs (1),
  (2), and (3).
SEC. 5. STANDARDS.
  (a) IN GENERAL- Bicycle helmets manufactured 9 months or more after the
  date of the enactment of this Act shall conform to--
  (1) any interim standard described under subsection (b), pending the
  establishment of a final standard pursuant to subsection (c); and
  (2) the final standard, once it has been established under subsection (c).
  (b) INTERIM STANDARDS- The interim standards are as follows:
  (1) The American National Standards Institute standard designated as
  `Z90.4-1984'.
  (2) The Snell Memorial Foundation standard designated as `B-90'.
  (3) Any other standard that the Consumer Product Safety Commission determines
  is appropriate.
  (c) FINAL STANDARD- Not later than 60 days after the date of the enactment
  of this Act, the Consumer Product Safety Commission shall begin a proceeding
  under section 553 of title 5, United States Code, to--
  (1) review the requirements of the interim standards set forth in subsection
  (a) and establish a final standard based on such requirements;
  (2) include in the final standard a provision to protect against the risk
  of helmets coming off the heads of bicycle riders;
  (3) include in the final standard provisions that address the risk of
  injury to children; and
  (4) include additional provisions as appropriate.
Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058)
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. The final standard shall take effect 1 year from the
date it is issued.
  (d) Failure To Meet Standards-
  (1) FAILURE TO MEET INTERIM STANDARD- Until the final standard takes effect,
  a bicycle helmet that does not conform to an interim standard as 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. AUTHORIZATION OF APPROPRIATIONS.
  For the National Highway Safety Administration to carry out the grant
  program authorized by this Act, there are authorized to be appropriated
  $2,000,000 for fiscal year 1993, $3,000,000 for fiscal year 1994, and
  $4,000,000 for fiscal year 1995.
SEC. 7. DEFINITION.
  In this Act, the term `approved bicycle helmet' means a bicycle helmet
  that meets--
  (1) any interim standard described in section 5(b), pending establishment
  of a final standard under section 5(c); and
  (2) the final standard, once it is established under section 5(c).
SEC. 8. FASTENER QUALITY ACT AMENDMENTS.
  (a) REFERENCES- Whenever in this section an amendment is expressed in
  terms of an amendment to a section or other provision, the reference shall
  be considered to be made to a section or other provision of the Fastener
  Quality Act (15 U.S.C. 5401 et seq.).
  (b) Technical Amendments-
  (1) DEFINITIONS- Section 3(8) (15 U.S.C. 5402(8)) is amended by striking
  `Standard' and inserting `Standards'.
  (2) INSPECTION AND TESTING- Section 5(b)(1) (15 U.S.C. 5404(b)(1) is
  amended by striking `section 6; unless' and inserting `section 6, unless'.
  (c) IMPORTERS AND PRIVATE LABEL DISTRIBUTORS- Section 7(c)(2) (15
  U.S.C. 5406(c)(2)) is amended by inserting `to the same' before `extent'.
  (d) Clarifying Amendments-
  (1) Section 5(a)(1)(B) (15 U.S.C. 5404(a)(1)(B) is amended by striking
  `subsections (b) and (c)' and inserting `subsections (b), (c), and (d)'.
  (2) Section 5(a)(2)(A)(i) (15 U.S.C. 5404(a)(2)(A)(i)) is amended by striking
  `subsections (b) and (c)' and inserting `subsections (b), (c), and (d)'.
  (3) Section 5(c)(4) (15 U.S.C. 5404(c)(4)) is amended by inserting `except
  as provided in subsection (d),' before `state'.
  (4) Section 5 (15 U.S.C. 5404) is amended by inserting at the end the
  following new subsection:
  `(d) ALTERNATIVE PROCEDURE FOR CHEMICAL CHARACTERISTICS- Notwithstanding
  the requirements of subsections (b) and (c), a manufacturer shall be deemed
  to have demonstrated, for purposes of subsection (a)(1), that the chemical
  characteristics of a lot conform to the standards and specifications to
  which the manufacturer represents such lot has been manufactured if the
  following requirements are met:
  `(1) The coil or heat number of metal from which such lot was fabricated
  has been inspected and tested with respect to its chemical characteristics
  by a laboratory accredited in accordance with the procedures and conditions
  specified by the Secretary under section 6.
  `(2) Such laboratory has provided to the manufacturer, either directly or
  through the metal manufacturer, a written inspection and testing report,
  which shall be in a form prescribed by the Secretary by regulation,
  listing the chemical characteristics  of such coil or heat number.
  `(3) The report described in paragraph (2) indicates that the chemical
  characteristics  of such coil or heat number conform to those required by
  the standards and specifications to which the manufacturer represents such
  lot has been manufactured.
  `(4) The manufacturer demonstrates that such lot has been fabricated from
  the coil or heat number of metal to which the report described in paragraphs
  (2) and (3) relates.
In prescribing the form of report required by subsection (c), the Secretary
shall provide  for an alternative to the statement required by subsection
(c)(4), insofar as such statement pertains to chemical characteristics,
for cases in which a manufacturer elects to use the procedure permitted by
this subsection.'.
Passed the Senate October 8 (legislative day, September 30), 1992.
Attest:
Secretary.