102d CONGRESS
2d Session
S. 3096
AN ACT
To establish a grant program under the Administrator of the National Highway
Traffic Safety Administration for the purpose of promoting the use of bicycle
helmets by children under the age of 16.
S 3096 ES
102d CONGRESS
2d Session
S. 3096
AN ACT
To establish a grant program under the Administrator of the National Highway
Traffic Safety Administration for the purpose of promoting the use of bicycle
helmets by children under the age of 16.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
FINDINGS
  SECTION 1. 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.
ESTABLISHMENT OF PROGRAM
  SEC. 2. The Administrator of the National Highway Traffic Safety
  Administration may, in accordance with section 3, 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.
PURPOSES FOR GRANTS
  SEC. 3. A grant made under section 2 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).
STANDARDS
  SEC. 4. (a) IN GENERAL- Bicycle helmets manufactured 60 days or more after
  the date of the enatment 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 90 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.
  (d) FAILURE TO MEET STANDARD- A bicycle helmut that does not conform to
  an interim standard or final standard as required under subsection (a)
  shall be considered in violation of a consumer product safety standard
  promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
AUTHORIZATION OF APPROPRIATIONS
  SEC. 5. For the National Highway Traffic 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.
DEFINITION
  Sec. 6. In this Act, the term `approved bicycle helmut' means a bicycle
  helmut that meets--
  (1) any interim standard described in section 4(b), pending establishment
  of a final standard under section 4(c); and
  (2) the final standard, once it is established under section 4(c).
Passed the Senate September 25 (legislative day, September 23), 1992.
Attest:
Secretary.