113 S2972 IS: Christen O’Donnell Equestrian Helmet Safety Act of 2014 U.S. Senate 2014-12-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 2d Session S. 2972 IN THE SENATE OF THE UNITED STATES December 3, 2014 Mr. Blumenthal (for himself, Mr. Coons, Mr. Murphy, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require all equestrian helmets manufactured or sold in the United States meet a minimum safety standard, and for other purposes.

1.

Short title

This Act may be cited as the Christen O’Donnell Equestrian Helmet Safety Act of 2014.

2.

Findings

Congress makes the following findings: (1) Head injuries are the number one reason for hospital admissions of horseback riders and the leading cause of death following a horseback riding injury. (2) More than 100 deaths per year are estimated to result from equestrian related activities, with head injuries accounting for 3 of every 5 of these deaths. (3) Nearly 68,000 people visited an emergency room in 2012 as a result of horseback riding related injuries, with head injuries accounting for 22 percent and concussions accounting for 7 percent of these visits. (4) Horseback riding causes 11.7 percent of sports-related traumatic brain injuries, which is the largest percentage of any recreational sport. (5) Between 2001 and 2009, children younger than 19 years of age made 3,638 emergency room visits per year for traumatic brain injuries resulting from horseback riding accidents. (6) Between 75 and 80 percent of head injuries occur while physically mounted on a horse—when a rider would normally be wearing his or her helmet. (7) Racing organizations require helmets, and as a result jockeys now sustain fewer head injuries than pleasure riders. (8) The United States Pony Clubs lowered head injury rates by 29 percent through mandatory helmet use. (9) Properly fitted ASTM/SEI certified helmets can reduce head injury-related deaths by 70 to 80 percent.

3.

Standards for equestrian helmets

(a)

Equestrian helmet defined

In this section, the term equestrian helmet means a hard shell head covering intended to be worn while participating in an equestrian event or activity.(b)

Requirement

Every equestrian helmet manufactured on or after the date that is 270 days after the date of the enactment of this Act shall meet—(1)in the case that the Consumer Product Safety Commission has not established a standard under subsection (c), the ASTM International standard designated as F1163 or successor standard; and(2)in the case that the Commission has established a standard under subsection (c), the standard established under subsection (c).(c)

Standard

(1)

In general

The Consumer Product Safety Commission may promulgate a standard for equestrian helmets that incorporates all of the requirements of the ASTM International standard designated as F1163 or successor standard.(2)

Inapplicability of certain laws

Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the promulgation of a standard under paragraph (1), and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard promulgated under paragraph (1).(3)

Status of standard

A standard promulgated under paragraph (1) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (d)

Enforcement

An equestrian helmet subject to subsection (b) that does not meet the applicable standard specified in such subsection 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.). (e)

Authorizations of appropriations

There is authorized to be appropriated to the Consumer Product Safety Commission to carry out this section, $500,000 for fiscal year 2014, which amount shall remain available until expended.