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Federal Law Directing CPSC
To Establish a Bicycle Helmet Standard



Summary: This is the US law directing CPSC to adopt a bicycle helmet standard. The Commission had been unable to reach a finding that a bike helmet standard was necessary. A group of consumer organizations led by Safe Kids Worldwide and the Consumer Federation of America, (and including BHSI) lobbied for passage of this law exempting CPSC from its normally-required process and requiring the Commission to adopt a standard as US law.





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.




The entire Act can be downloaded from Thomas, the legislative home page maintained by the Library of Congress for the House of Representatives.



This page was updated or partially revised on: October 27, 2016. BHSI logo
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