H. R. 965
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To provide for toy safety and for other purposes.
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 ‘‘Child Safety Protection Act’’.
TITLE I—TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
(a) REQUIREMENT UNDER FEDERAL HAZARDOUS SUBSTANCES
ACT.—The Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.) is amended by adding at the end the following new section:
‘‘SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.
‘‘(a) TOYS OR GAMES FOR CHILDREN WHO ARE AT LEAST 3.—
‘‘(1) REQUIREMENT.—The packaging of any toy or game
intended for use by children who are at least 3 years old
but not older than 6 years (or such other upper age limit
as the Commission may determine, which may not be less
than 5 years old), any descriptive material which accompanies
such toy or game, and, in the case of bulk sales of such toy
or game when unpackaged, any bin, container for retail display,
or vending machine from which the unpackaged toy or game
is dispensed shall bear or contain the cautionary statement
described in paragraph (2) if the toy or game—
‘‘(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
‘‘(B) includes a small part, as defined by the Commis-
sion.
‘‘(2) LABEL.—The cautionary statement required by para-
graph (1) for a toy or game shall be as follows:
‘‘(b) BALLOONS, SMALL BALLS, AND MARBLES.—
H. R. 965—2
‘‘(1) REQUIREMENT.—In the case of any latex balloon, any
ball with a diameter of 1.75 inches or less intended for children
3 years of age or older, any marble intended for children 3
years of age or older, or any toy or game which contains
such a balloon, ball, or marble, which is manufactured for
sale, offered for sale, or distributed in commerce in the United
States—
‘‘(A) the packaging of such balloon, ball, marble, toy,
or game,
‘‘(B) any descriptive material which accompanies such
balloon, ball, marble, toy, or game, and
‘‘(C) in the case of bulk sales of any such product
when unpackaged, any bin, container for retail display,
or vending machine from which such unpackaged balloon,
ball, marble, toy, or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
‘‘(2) LABEL.—The cautionary statement required under
paragraph (1) for a balloon, ball, marble, toy, or game shall
be as follows:
‘‘(A) BALLOONS.—In the case of balloons, or toys or
games that contain latex balloons, the following cautionary
statement applies:
‘‘(B) BALLS.—In the case of balls, the following caution-
ary statement applies:
‘‘(C) MARBLES.—In the case of marbles, the following
cautionary statement applies:
H. R. 965—4
may fail to bear the required statement if other accompanying
material shipped with the product bears such statement.
‘‘(3) SPECIAL RULES FOR CERTAIN PACKAGES.—(A) A caution-
ary statement required by subsection (a) or (b) may, in lieu
of display on the principal display panel of the product’s pack-
age, be displayed on another panel of the package if—
‘‘(i) the package has a principal display panel of 15
square inches or less and the required statement is dis-
played in three or more languages; and
‘‘(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied
by an arrow or other indicator pointing toward the place
on the package where the statement required by subsection
(a) or (b) appears.
‘‘(B)(i) In the case of a product to which subsection (a),
subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D)
applies, the statement specified by this subparagraph is as
follows:
‘‘(ii) In the case of a product to which subsection (b)(2)(A)
applies, the statement specified by this subparagraph is as
follows:
‘‘(d) TREATMENT AS MISBRANDED HAZARDOUS SUBSTANCE.—A
balloon, ball, marble, toy, or game, that is not in compliance with
the requirements of this subsection shall be considered a mis-
branded hazardous substance under section 2(p).’’.
(b) OTHER SMALL BALLS.—A small ball—
(1) intended for children under the age of 3 years of age,
and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under section
2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
(c) REGULATIONS.—The Consumer Product Safety Commission
(hereinafter referred to as the ‘‘Commission’’) shall promulgate regu-
lations, under section 553 of title 5, United States Code, for the
implementation of this section and section 24 of the Federal Hazard-
ous Substances Act by July 1, 1994, or the date that is 6 months
after the date of enactment of this Act, whichever occurs first.
Subsections (f) through (i) of section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) shall not apply with respect to
the issuance of regulations under this subsection.
(d) EFFECTIVE DATE; APPLICABILITY.—Subsections (a) and (b)
shall take effect January 1, 1995, and section 24 of the Federal
Hazardous Substances Act shall apply only to products entered
into commerce on or after January 1, 1995.
(e) PREEMPTION.—
H. R. 965—5
(1) IN GENERAL.—Subject to paragraph (2), a State or politi-
cal subdivision of a State may not establish or enforce a require-
ment relating to cautionary labeling of small parts hazards
or choking hazards in any toy, game, marble, small ball, or
balloon intended or suitable for use by children unless such
requirement is identical to a requirement established by amend-
ments made by this section to the Federal Hazardous Sub-
stances Act or by regulations promulgated by the Commission.
(2) EXCEPTION.—A State or political subdivision of a State
may, until January 1, 1995, enforce a requirement described
in paragraph (1) if such requirement was in effect on October
2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) REPORTS TO CONSUMER PRODUCT SAFETY COMMISSION.—
(1) 
REQUIREMENT
TO
REPORT.—Each 
manufacturer,
distributor, retailer, and importer of a marble, small ball, or
latex balloon, or a toy or game that contains a marble, small
ball, latex balloon, or other small part, shall report to the
Commission any information obtained by such manufacturer,
distributor, retailer, or importer which reasonably supports the
conclusion that—
(A) an incident occurred in which a child (regardless
of age) choked on such a marble, small ball, or latex balloon
or on a marble, small ball, latex balloon, or other small
part contained in such toy or game; and
(B) as a result of that incident the child died, suffered
serious injury, ceased breathing for any length of time,
or was treated by a medical professional.
(2) TREATMENT
UNDER
CPSA.—For purposes of section
19(a)(3) of the Consumer Product Safety Act (15 U.S.C.
2068(a)(3)), the requirement to report information under this
subsection is deemed to be a requirement under such Act.
(3) EFFECT
ON
LIABILITY.—A report by a manufacturer,
distributor, retailer, or importer under paragraph (1) shall not
be interpreted, for any purpose, as an admission of liability
or of the truth of the information contained in the report.
(b) CONFIDENTIALITY PROTECTIONS.—The confidentiality protec-
tions of section 6(b) of the Consumer Product Safety Act (15 U.S.C.
2055(b)) apply to any information reported to the Commission under
subsection (a) of this section. For purposes of section 6(b)(5) of
such Act, information so reported shall be treated as information
submitted pursuant to section 15(b) of such Act respecting a
consumer product.
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
H. R. 965—6
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, politi-
cal subdivision, or nonprofit organization for the non-Federal share
of the cost of such a program (other than planning and administra-
tion), 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 credit-
ing, 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 individ-
uals 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’’.
H. R. 965—7
(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 proceed-
ing 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 proceed-
ing. 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 devel-
oped under subsection (c) shall be considered a consumer prod-
uct 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), pend-
ing establishment of a final standard under section 205(c);
and
H. R. 965—8
(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.