[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 965 Enrolled Bill (ENR)]

<DOC>

        H.R.965

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act


 
            To provide for toy safety 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 ``Child Safety Protection Act''.

                   TITLE I--TOY LABELING REQUIREMENTS

SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    (a) Requirement Under Federal Hazardous Substances Act.--The 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by 
adding at the end the following new section:

``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    ``(a) Toys or Games for Children Who Are at Least 3.--
        ``(1) Requirement.--The packaging of any toy or game intended 
    for use by children who are at least 3 years old but not older than 
    6 years (or such other upper age limit as the Commission may 
    determine, which may not be less than 5 years old), any descriptive 
    material which accompanies such toy or game, and, in the case of 
    bulk sales of such toy or game when unpackaged, any bin, container 
    for retail display, or vending machine from which the unpackaged 
    toy or game is dispensed shall bear or contain the cautionary 
    statement described in paragraph (2) if the toy or game--
            ``(A) is manufactured for sale, offered for sale, or 
        distributed in commerce in the United States, and
            ``(B) includes a small part, as defined by the Commission.
        ``(2) Label.--The cautionary statement required by paragraph 
    (1) for a toy or game shall be as follows:


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    ``(b) Balloons, Small Balls, and Marbles.--
        ``(1) Requirement.--In the case of any latex balloon, any ball 
    with a diameter of 1.75 inches or less intended for children 3 
    years of age or older, any marble intended for children 3 years of 
    age or older, or any toy or game which contains such a balloon, 
    ball, or marble, which is manufactured for sale, offered for sale, 
    or distributed in commerce in the United States--
            ``(A) the packaging of such balloon, ball, marble, toy, or 
        game,
            ``(B) any descriptive material which accompanies such 
        balloon, ball, marble, toy, or game, and
            ``(C) in the case of bulk sales of any such product when 
        unpackaged, any bin, container for retail display, or vending 
        machine from which such unpackaged balloon, ball, marble, toy, 
        or game is dispensed,
    shall bear or contain the cautionary statement described in 
    paragraph (2).
        ``(2) Label.--The cautionary statement required under paragraph 
    (1) for a balloon, ball, marble, toy, or game shall be as follows:
            ``(A) Balloons.--In the case of balloons, or toys or games 
        that contain latex balloons, the following cautionary statement 
        applies:


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            ``(B) Balls.--In the case of balls, the following 
        cautionary statement applies:


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            ``(C) Marbles.--In the case of marbles, the following 
        cautionary statement applies:

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            ``(D) Toys and games.--In the case of toys or games 
        containing balls, the following cautionary statement applies:


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        In the case of toys or games containing marbles, the following 
        cautionary statement applies:


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    ``(c) General Labeling Requirements.--
        ``(1) In general.--Except as provided in paragraphs (2) and 
    (3), any cautionary statement required under subsection (a) or (b) 
    shall be--
            ``(A) displayed in its entirety on the principal display 
        panel of the product's package, and on any descriptive material 
        which accompanies the product, and, in the case of bulk sales 
        of such product when unpackaged, on the bin, container for 
        retail display of the product, and any vending machine from 
        which the unpackaged product is dispensed, and
            ``(B) displayed in the English language in conspicuous and 
        legible type in contrast by typography, layout, or color with 
        other printed matter on such package, descriptive materials, 
        bin, container, and vending machine, and in a manner consistent 
        with part 1500 of title 16, Code of Federal Regulations (or 
        successor regulations thereto).
        ``(2) Exception for products manufactured outside united 
    states.--In the case of a product manufactured outside the United 
    States and directly shipped from the manufacturer to the consumer 
    by United States mail or other delivery service, the accompanying 
    material inside the package of the product may fail to bear the 
    required statement if other accompanying material shipped with the 
    product bears such statement.
        ``(3) Special rules for certain packages.--(A) A cautionary 
    statement required by subsection (a) or (b) may, in lieu of display 
    on the principal display panel of the product's package, be 
    displayed on another panel of the package if--
            ``(i) the package has a principal display panel of 15 
        square inches or less and the required statement is displayed 
        in three or more languages; and
            ``(ii) the statement specified in subparagraph (B) is 
        displayed on the principal display panel and is accompanied by 
        an arrow or other indicator pointing toward the place on the 
        package where the statement required by subsection (a) or (b) 
        appears.
        ``(B)(i) In the case of a product to which subsection (a), 
    subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D) 
    applies, the statement specified by this subparagraph is as 
    follows:


<GRAPHIC><TIF6>TB11MY94.15a


        ``(ii) In the case of a product to which subsection (b)(2)(A) 
    applies, the statement specified by this subparagraph is as 
    follows:

<GRAPHIC><TIF7>TB11MY94.16a

    ``(d) Treatment as Misbranded Hazardous Substance.--A balloon, 
ball, marble, toy, or game, that is not in compliance with the 
requirements of this subsection shall be considered a misbranded 
hazardous substance under section 2(p).''.
    (b) Other Small Balls.--A small ball--
        (1) intended for children under the age of 3 years of age, and
        (2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under section 2(q) of 
the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
    (c) Regulations.--The Consumer Product Safety Commission 
(hereinafter referred to as the ``Commission'') shall promulgate 
regulations, under section 553 of title 5, United States Code, for the 
implementation of this section and section 24 of the Federal Hazardous 
Substances Act by July 1, 1994, or the date that is 6 months after the 
date of enactment of this Act, whichever occurs first. Subsections (f) 
through (i) of section 3 of the Federal Hazardous Substances Act (15 
U.S.C. 1262) shall not apply with respect to the issuance of 
regulations under this subsection.
    (d) Effective Date; Applicability.--Subsections (a) and (b) shall 
take effect January 1, 1995, and section 24 of the Federal Hazardous 
Substances Act shall apply only to products entered into commerce on or 
after January 1, 1995.
    (e) Preemption.--
        (1) In general.--Subject to paragraph (2), a State or political 
    subdivision of a State may not establish or enforce a requirement 
    relating to cautionary labeling of small parts hazards or choking 
    hazards in any toy, game, marble, small ball, or balloon intended 
    or suitable for use by children unless such requirement is 
    identical to a requirement established by amendments made by this 
    section to the Federal Hazardous Substances Act or by regulations 
    promulgated by the Commission.
        (2) Exception.--A State or political subdivision of a State 
    may, until January 1, 1995, enforce a requirement described in 
    paragraph (1) if such requirement was in effect on October 2, 1993.

SEC. 102. REPORTING REQUIREMENTS.

    (a) Reports to Consumer Product Safety Commission.--
        (1) Requirement to report.--Each manufacturer, distributor, 
    retailer, and importer of a marble, small ball, or latex balloon, 
    or a toy or game that contains a marble, small ball, latex balloon, 
    or other small part, shall report to the Commission any information 
    obtained by such manufacturer, distributor, retailer, or importer 
    which reasonably supports the conclusion that--
            (A) an incident occurred in which a child (regardless of 
        age) choked on such a marble, small ball, or latex balloon or 
        on a marble, small ball, latex balloon, or other small part 
        contained in such toy or game; and
            (B) as a result of that incident the child died, suffered 
        serious injury, ceased breathing for any length of time, or was 
        treated by a medical professional.
        (2) Treatment under cpsa.--For purposes of section 19(a)(3) of 
    the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the 
    requirement to report information under this subsection is deemed 
    to be a requirement under such Act.
        (3) Effect on liability.--A report by a manufacturer, 
    distributor, retailer, or importer under paragraph (1) shall not be 
    interpreted, for any purpose, as an admission of liability or of 
    the truth of the information contained in the report.
    (b) Confidentiality Protections.--The confidentiality protections 
of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) 
apply to any information reported to the Commission under subsection 
(a) of this section. For purposes of section 6(b)(5) of such Act, 
information so reported shall be treated as information submitted 
pursuant to section 15(b) of such Act respecting a consumer product.

               TITLE II--CHILDREN'S BICYCLE HELMET SAFETY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Children's Bicycle Helmet Safety 
Act of 1994''.

SEC. 202. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Administrator of the National Highway Traffic 
Safety Administration may, in accordance with section 203, make grants 
to States, political subdivisions of States, and nonprofit 
organizations 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.
    (b) Federal Share.--The amount provided by a grant under this 
section shall not exceed 80 percent of the cost of the program for 
which the grant is made. In crediting the recipient State, political 
subdivision, or nonprofit organization for the non-Federal share of the 
cost of such a program (other than planning and administration), the 
aggregate of all expenditures made by such State, political 
subdivision, or nonprofit organization (exclusive of Federal funds) for 
the purposes described in section 203 (other than expenditures for 
planning and administration) shall be available for such crediting, 
without regard to whether such expenditures were actually made in 
connection with such program.

SEC. 203. PURPOSES FOR GRANTS.

    A grant made under section 202 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) provide assistance, to individuals under the age of 16 who 
    may not be able to afford approved bicycle helmets, to enable such 
    individuals to acquire such 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).
The Administrator shall review grant applications for compliance with 
this section prior to awarding grants.

SEC. 204. REPORT TO CONGRESS.

    Not later than May 1, 1997, the Administrator of the National 
Highway Traffic Safety Administration shall report to Congress on the 
effectiveness of the grant program established by section 202. The 
report shall include a list of grant recipients, a summary of the types 
of programs implemented by the grantees, and any recommendation by the 
Administrator regarding how the program should be changed in the 
future.

SEC. 205. 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) The American Society for Testing and Materials (ASTM) 
    standard designated as ``F 1447''.
        (4) Any other standard that the Commission determines is 
    appropriate.
    (c) Final Standard.--Not later than 60 days after the date of the 
enactment of this Act, the 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, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 
2056, 2058, 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. 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. 206. AUTHORIZATION OF APPROPRIATIONS.

    For the National Highway Traffic Safety Administration to carry out 
the grant program authorized by this title, there are authorized to be 
appropriated $2,000,000 for fiscal year 1995, $3,000,000 for fiscal 
year 1996, and $4,000,000 for fiscal year 1997.

SEC. 207. DEFINITION.

    In this title, the term ``approved bicycle helmet'' means a bicycle 
helmet that meets--
        (1) any interim standard described in section 205(b), pending 
    establishment of a final standard under section 205(c); and
        (2) the final standard, once it is established under section 
    205(c).







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.