A bill to encourage and ensure the use of safe equestrian helmets, and for other purposes.

Summary: Christen O'Donnell Equestrian Helmet Safety Act of 2004 - Authorizes the Secretary of Commerce to award grants to States, political subdivisions, Indian tribes and organizations, public organizations, and private nonprofit organizations for activities that encourage individuals to wear approved equestrian helmets.

Requires the Secretary to report to the appropriate congressional committees on the effectiveness of such grants.

Establishes an interim standard for equestrian helmets manufactured nine months after enactment of this Act pending establishment of a final standard.

Directs the Consumer Product Safety Commission to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the Commission's reliance on voluntary standards, the development of consumer product safety rules, and the Commission's regulation of consumer products in accordance with other laws. Prohibits application of judicial review provisions to any standard issued pursuant to such proceedings.

Requires any failure to meet the interim standard to be treated as a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Requires any final standard to be considered a CPSA consumer product safety standard.

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.