II 

108TH CONGRESS 

2D SESSION S. 2254

To encourage and ensure the use of safe equestrian helmets, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2004

Mr. DASCHLE (for Mr. DODD) (for himself and Mr. CHAFEE) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL

To encourage and ensure the use of safe equestrian helmets, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Christen O’Donnell 

5 Equestrian Helmet Safety Act of 2004’’. 

6 SEC. 2. GRANTS REGARDING USE OF SAFE EQUESTRIAN 

7 HELMETS. 

8 (a) AUTHORITY TO AWARD GRANTS.—The Secretary 

9 of Commerce may award grants to States, political sub10 divisions of States, Indian tribes, tribal organizations, 
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1 public organizations, and private nonprofit organizations 

2 for activities that encourage individuals to wear approved 

3 equestrian helmets. 

4 (b) APPLICATION.—A State, political subdivisions of 

5 States, Indian tribes, tribal organizations, public organiza6 tions, and private nonprofit organizations seeking a grant 

7 under this section shall submit to the Secretary an appli8 cation for the grant, in such form and containing such 

9 information as the Secretary may require. 

10 (c) REVIEW BEFORE AWARD.—

11 (1) REVIEW.—The Secretary shall review each 

12 application for a grant under this section in order to 

13 ensure that the applicant for the grant will use the 

14 grant for the purposes described in section 3. 

15 (2) SCOPE OF PROGRAMS.—In reviewing appli16 cations for grants, the Secretary shall permit appli17 cants wide discretion in designing programs that ef18 fectively promote increased use of approved eques19 trian helmets. 

20 SEC. 3. PURPOSES OF GRANTS. 

21 A grant under section 2 may be used by a grantee 

22 to—

23 (1) encourage individuals to wear approved 

24 equestrian helmets; 
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1 (2) provide assistance to individuals who may 

2 not be able to afford approved equestrian helmets to 

3 enable such individuals to acquire such helmets; 

4 (3) educate individuals and their families on the 

5 importance of wearing approved equestrian helmets 

6 in a proper manner in order to improve equestrian 

7 safety; or 

8 (4) carry out any combination of activities de9 scribed in paragraphs (1), (2), and (3). 

10 SEC. 4. REPORT TO CONGRESS. 

11 (a) REQUIREMENT.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of Commerce 

13 shall submit to the appropriate committees of Congress 

14 a report on the effectiveness of grants awarded under sec15 tion 2. 

16 (b) CONTENTS OF REPORT.—The report shall include 

17 a list of grant recipients, a summary of the types of pro18 grams implemented by the grant recipients, and any rec19 ommendations that the Secretary considers appropriate 

20 regarding modification or extension of the authority under 

21 section 2. 

22 (c) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate commit24 tees of Congress’’ means—
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1 (1) the Committee on Commerce, Science, and 

2 Transportation, and the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate; and 

4 (2) the Committee on Energy and Commerce of 

5 the House of Representatives. 

6 SEC. 5. STANDARDS. 

7 (a) IN GENERAL.—Every equestrian helmet manu8 factured on or after the date that is 9 months after the 

9 date of enactment of this Act shall meet—

10 (1) the interim standard specified in subsection 

11 (b), pending the establishment of a final standard 

12 pursuant to subsection (c); and 

13 (2) the final standard, once that standard has 

14 been established under subsection (c). 

15 (b) INTERIM STANDARD.—The interim standard for 

16 equestrian helmets is the American Society for Testing 

17 and Materials (ASTM) standard designated as F 1163. 

18 (c) FINAL STANDARD.—

19 (1) REQUIREMENT.—Not later than 60 days 

20 after the date of enactment of this Act, the Con21 sumer Product Safety Commission shall begin a pro22 ceeding under section 553 of title 5, United States 

23 Code, to—

24 (A) establish a final standard for eques25 trian helmets that incorporates all the require-
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1 ments of the interim standard specified in sub2 section (b); 

3 (B) provide in the final standard a man4 date that all approved equestrian helmets be 

5 certified to the requirements promulgated under 

6 the final standard by an organization that is ac7 credited to certify personal protection equip8 ment in accordance with ISO Guide 65; and 

9 (C) include in the final standard any addi10 tional provisions that the Commission considers 

11 appropriate. 

12 (2) INAPPLICABILITY OF CERTAIN LAWS.—Sec13 tions 7, 9, and 30(d) of the Consumer Product Safe14 ty Act (15 U.S.C. 2056, 2058, and 2079(d)) shall 

15 not apply to the proceeding under this subsection, 

16 and section 11 of such Act (15 U.S.C. 2060) shall 

17 not apply with respect to any standard issued under 

18 such proceeding. 

19 (3) EFFECTIVE DATE.—The final standard 

20 shall take effect not later than 1 year after the date 

21 it is issued. 

22 (d) FAILURE TO MEET STANDARDS.—

23 (1) FAILURE TO MEET INTERIM STANDARD.—

24 Until the final standard takes effect, an equestrian 

25 helmet that does not meet the interim standard, re-
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1 quired under subsection (a)(1), shall be considered 

2 in violation of a consumer product safety standard 

3 promulgated under the Consumer Product Safety 

4 Act. 

5 (2) STATUS OF FINAL STANDARD.—The final 

6 standard developed under subsection (c) shall be 

7 considered a consumer product safety standard pro8 mulgated under the Consumer Product Safety Act. 

9 SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS. 

10 (a) DEPARTMENT OF COMMERCE.—There is author11 ized to be appropriated to the Department of Commerce 

12 to carry out section 2, $100,000 for each of fiscal years 

13 2005, 2006, and 2007. 

14 (b) CONSUMER PRODUCT SAFETY COMMISSION.—

15 There is authorized to be appropriated to the Consumer 

16 Product Safety Commission to carry out activities under 

17 section 5, $500,000 for fiscal year 2005, which amount 

18 shall remain available until expended. 

19 SEC. 7. DEFINITIONS. 

20 In this Act: 

21 (1) APPROVED EQUESTRIAN HELMET.—The 

22 term ‘‘approved equestrian helmet’’ means an eques23 trian helmet that meets—
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1 (A) the interim standard specified in sec2 tion 5(b), pending establishment of a final 

3 standard under section 5(c); and 

4 (B) the final standard, once it is effective 

5 under section 5(c). 

6 (2) EQUESTRIAN HELMET.—The term ‘‘eques7 trian helmet’’ means a hard shell head covering in8 tended to be worn while participating in an eques9 trian event or activity.

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