[Congressional Record Volume 148, Number 87 (Wednesday, June 26, 2002)]
[Senate]
[Pages S6128-S6129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Chafee):
  S. 2681. A bill to provide for safe equestrian helmets, and for other 
purposes; to the Committee on Commerce, Science, and Transporation.
  Mr. DODD. Mr. President, I rise today with my colleague from Rhode 
Island, Senator Chafee, to introduce legislation to provide greater 
safety for children and adults who ride horses in the United States. 
Each year in our country, nearly 15 million people go horseback riding. 
Whether it be professionally or for pleasure, Americans of all ages and 
from all walks of life enjoy equestrian sports. And, while everyone 
acknowledges that horseback riding is a high-risk activity, there are 
serious issues related to equestrian sports that can and should be 
addressed.
  I first became aware of the problem of equestrian helmets when Kemi 
O'Donnell, a constituent of mine in Connecticut, called by office to 
relate her family's tragic experience. The story she shared opened my 
eyes to the danger posed by certain equestrian helmets. In 1998 Kemi's 
daughter, Christen O'Donnell, was a young 12-year-old resident of 
Darien, CT, and a 7th-grader at New Canaan Country School. Active and 
sporty, Christen was a talented intermediate rider who had 5 years or 
riding experience under her belt when she mounted her horse on the 
morning of August 11. As always, Christen wore a helmet and was 
accompanied by here trainer when she began a slow walk through the 
ring. Suddenly, without warning, the horse she was riding shook its 
head, and Christen was thrown off onto 4 inches of sand. Even though 
her horse was only at a walk, and Christen was wearing a helmet, that 
helmet offered her little protection, and she sustained severe head 
injuries as a result of the fall. She was rushed to Stamford hospital 
where, despite efforts to save here, she died the next day. The 
magnitude of their loss has been compounded by the thought that, had 
Christen been wearing a better constructed helmet, it is possible she 
could have survived this accident.
  My colleagues may be shocked to learn, as Christen's parents were, 
that there are no government standards in existence for the 
manufacturing of equestrian helmets. Some helmets are voluntarily 
constructed to meet strict American Society of Testing and Materials, 
ASTM, testing requirements, but the vast majority of helmets sold in 
the United States offer little or no real protection and are merely 
cosmetic hat, a form of apparel. Frequently, parents of young riders 
like Christen, and even more mature riders, do not know that they are 
buying an untested and unapproved item when they purchase a riding 
helmet. Indeed, most riders believe that when they buy a helmet at the 
store, they are purchasing a product that meets standards designed to 
provide real and adequate head protection. Bike helmets are built to 
minimum safety requirements, as are motorcycle helmets.
  Apparel helmets, like the one worn by Christen, offer little or no 
head protection, while ASTM-approved helmets are designed to 
significantly reduce head injury. The difference in aesthetic design 
between the two is minimal, but the underlying support structures of 
these types of helmet are substantial. ASTM-approved helmets offer a 
high degree of head protection, increase the survivability of 
equestrian accidents and, in my view, should be the standard for all 
equestrian helmets.
  This lack of adequate safety standards in riding helmets is why USA 
Equestrian, (USAEq), one of the largest

[[Page S6129]]

equestrian organizations in the country, recently mandated that ASTM-
approved helmets must be worn in all USAEq-sanctioned events. While 
this decision effectively eliminates the danger posed by ``apparel 
helmets'' at these events, each day many more students ride in lessons 
and in private shows that are not USAEq-sanctioned. For their safety, I 
believe that Congress should establish minimum safety standards for all 
equestrian helmets sold in the United States, so that all riders can 
obtain headgear that offers actual protection against head injury. This 
not an unprecedented suggestion. As I stated before, Congress has 
already acted to similarly ensure the safety of bike helmets. The 
legislation that I and Senator Chafee introduce in Christen's memory 
today is modeled on this successful bike helmet law and would go a long 
way toward reducing the mortality of equestrian accidents.

  The Christen O'Donnell Equestrian Helmet Safety Act would require 
that the Consumer Product Safety Commission establish minimum 
requirements, based on the already proven ASTM standard, for all 
equestrian helmets in the United States. Thus, there would be a uniform 
standard for all equestrain helmets, and riders could be confident that 
the helmet they buy offers real head protection. Let me be clear. This 
modest legislation does not mandate that riders wear helmets. That is a 
matter better left to individual States. But, it would take a 
significant step toward improving the survivability of equestrian 
accidents and would bring the United States in line with other 
industrialized countries with sizable riding populations. Countries 
like Australia and New Zealand have enacted similar helmet safety 
legislation, and the European Union has set standards to make sure that 
helmets for equestrian activities meet continental standards. It is 
time for the United States to take similar steps.
  This bill is supported by a wide-ranging coalition of equestrian, 
child safety, and medical groups. This bill has received the 
endorsement of USA Equestrian, one of the nation's largest equestrian 
groups, the National SAFEKIDS coalition, an organization dedicated to 
preventing accidental injury to children, and the Brain Trauma 
Foundation, a leading medical group dedicated to preventing and 
treating brain injury. Further, in the ``Chronicle of the Horse,'' the 
trade publication for the Masters of Foxhounds Association, the U.S. 
Equestrian Team, the U.S. Pony Clubs, the National Riding Commission, 
the Foxhound Club of North America, the National Beagle Club, the U.S. 
Dressage Foundation, the American Vaulting Association, the North 
American Riding for the Handicapped Association, and the 
Intercollegiate Horse Show Association, an article was published 
endorsing the ASTM rule. Given the wide range of organizations that 
endorse this bill, or have endorsed the ASTM rule, it is clear that 
riders, coaches, and medical professionals alike recognize the need for 
a standard, tested helmet design.
  I would like to draw my colleague's attention to some alarming 
statistics that further demonstrate the importance and expediency of 
this bill. Emergency rooms all across America have to deal with an 
influx of horse-related injuries each year. Nationwide in 1999, an 
estimated 15,000 horse-related emergency department visits were made by 
youths under 15 years old. Of these injuries, head injuries were by far 
the most numerous and accounted for around 60 percent of equestrian-
related deaths. These injuries occurred, and continue to occur, at all 
ages and at all levels of riding experience. That an inadequately 
protected fall from a horse can kill is not surprising when you examine 
the medical statistics. A human skull can be shattered by an impact of 
less than 6.2 miles per hour, while horse can gallop at approximately 
40 miles per hour. A fall from two feet can cause permanent brain 
damage, and a horse elevates a rider to eight feet or more above the 
ground. These statistics make it evident that horseback riding is a 
high-risk sport. While all riders acknowledge this fact, reducing the 
risk of serious injury while horseback riding is attainable through the 
use of appropriate head protection. We should pass this bill, and pass 
it soon, to ensure that head protection for equestrian events is safe 
and effective.
  American consumers deserve to be confident that their protective 
gear, should they choose to wear it, offers real protection. I urge my 
colleagues to support this bill, and ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2681

       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 2002''.

     SEC. 2. STANDARDS FOR EQUESTRIAN HELMETS.

       (a) In General.--Equestrian helmets manufactured 9 months 
     or more after the date of the enactment of this Act shall 
     conform to--
       (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 it has been established 
     pursuant to subsection (c).
       (b) Interim Standard.--The interim standard 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 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall begin a proceeding under section 553 of 
     title 5, United States Code, to--
       (A) review the requirements of the interim standard 
     specified in subsection (b) and establish a final standard 
     based on such requirements;
       (B) include in the final standard a provision to protect 
     against the risk of helmets coming off the heads of 
     equestrian riders;
       (C) include in the final standard provisions that address 
     the risk of injury to children; and
       (D) include 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, 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 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 
     conform to the 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.
       9c) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for the Consumer Product Safety 
     Commission to carry out activities under this section, 
     $700,000 for fiscal year 2003, with the amount to remain 
     available until expended.
       (f) Equestrian Helmet Defined.--In this section, the term 
     ``equestrian helmet'' means a heard-shell head covering 
     intended to be worn while participating in an equestrian 
     event or activity.
                                 ______