[Congressional Record Volume 150, Number 41 (Monday, March 29, 2004)]
[Senate]
[Page S3298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for Mr. Dodd (for himself and Mr. Chafee):
  S. 2254. A bill to encourage and ensure the use of safe equestrian 
helmets, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. DODD. Mr. President, I ask unanimous consent that the following 
legislation be introduced and printed in the Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2254

       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 2004''.

     SEC. 2. GRANTS REGARDING USE OF SAFE EQUESTRIAN HELMETS.

       (a) Authority To Award Grants.--The Secretary of Commerce 
     may award grants to States, political subdivisions of States, 
     Indian tribes, tribal organizations, public organizations, 
     and private nonprofit organizations for activities that 
     encourage individuals to wear approved equestrian helmets.
       (b) Application.--A State, political subdivisions of 
     States, Indian tribes, tribal organizations, public 
     organizations, and private nonprofit organizations seeking a 
     grant under this section shall submit to the Secretary an 
     application for the grant, in such form and containing such 
     information as the Secretary may require.
       (c) Review Before Award.--
       (1) Review.--The Secretary shall review each application 
     for a grant under this section in order to ensure that the 
     applicant for the grant will use the grant for the purposes 
     described in section 3.
       (2) Scope of programs.--In reviewing applications for 
     grants, the Secretary shall permit applicants wide discretion 
     in designing programs that effectively promote increased use 
     of approved equestrian helmets.

     SEC. 3. PURPOSES OF GRANTS.

       A grant under section 2 may be used by a grantee to--
       (1) encourage individuals to wear approved equestrian 
     helmets;
       (2) provide assistance to individuals who may not be able 
     to afford approved equestrian helmets to enable such 
     individuals to acquire such helmets;
       (3) educate individuals and their families on the 
     importance of wearing approved equestrian helmets in a proper 
     manner in order to improve equestrian safety; or
       (4) carry out any combination of activities described in 
     paragraphs (1), (2), and (3).

     SEC. 4. REPORT TO CONGRESS.

       (a) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the appropriate committees of Congress a report on the 
     effectiveness of grants awarded under section 2.
       (b) Contents of Report.--The report shall include a list of 
     grant recipients, a summary of the types of programs 
     implemented by the grant recipients, and any recommendations 
     that the Secretary considers appropriate regarding 
     modification or extension of the authority under section 2.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation, 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 5. STANDARDS.

       (a) In General.--Every equestrian helmet manufactured on or 
     after the date that is 9 months after the date of enactment 
     of this Act shall meet--
       (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 that standard has been 
     established under subsection (c).
       (b) Interim Standard.--The interim standard for equestrian 
     helmets 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 
     enactment of this Act, the Consumer Product Safety Commission 
     shall begin a proceeding under section 553 of title 5, United 
     States Code, to--
       (A) establish a final standard for equestrian helmets that 
     incorporates all the requirements of the interim standard 
     specified in subsection (b);
       (B) provide in the final standard a mandate that all 
     approved equestrian helmets be certified to the requirements 
     promulgated under the final standard by an organization that 
     is accredited to certify personal protection equipment in 
     accordance with ISO Guide 65; and
       (C) include in the final standard 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, and 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 
     not later than 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 
     meet the interim standard, 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. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Department of Commerce.--There is authorized to be 
     appropriated to the Department of Commerce to carry out 
     section 2, $100,000 for each of fiscal years 2005, 2006, and 
     2007.
       (b) Consumer Product Safety Commission.--There is 
     authorized to be appropriated to the Consumer Product Safety 
     Commission to carry out activities under section 5, $500,000 
     for fiscal year 2005, which amount shall remain available 
     until expended.

     SEC. 7. DEFINITIONS.

       In this Act:
       (1) Approved equestrian helmet.--The term ``approved 
     equestrian helmet'' means an equestrian helmet that meets--
       (A) the interim standard specified in section 5(b), pending 
     establishment of a final standard under section 5(c); and
       (B) the final standard, once it is effective under section 
     5(c).
       (2) Equestrian helmet.--The term ``equestrian helmet'' 
     means a hard shell head covering intended to be worn while 
     participating in an equestrian event or activity.

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