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SEC. 202. ESTABLISHMENT OF PROGRAM.
The Administrator of the National Highway Traffic
Safety Administration may, in accordance with section
203, make grants to 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.
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) assist individuals under the age of 16 to ac-
quire approved bicycle 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).
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SEC. 204. 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 sub-
section (b), pending the establishment of a final
standard pursuant to subsection (c); and
(2) the final standard, once it has been estab-
lished 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 of Testing Materials
standard designated as ‘‘F 1447’’.
(4) Any other standard that the Commission de-
termines 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 stand-
ards set forth in subsection (a) and establish a final
standard based on such requirements;
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(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 stand-
ard 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 re-
quired under subsection (a)(1) shall be considered in
violation of a consumer product safety standard pro-
mulgated under the Consumer Product Safety Act.
(2) STATUS
OF
FINAL
STANDARD.—The final
standard developed under subsection (c) shall be con-
sidered a consumer product safety standard promul-
gated under the Consumer Product Safety Act.
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SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
For the National Highway Traffic Safety Administra-
tion to carry out the grant program authorized by this title,
there are authorized to be appropriated $2,000,000 for fiscal
year 1994, $3,000,000 for fiscal year 1995, and $4,000,000
for fiscal year 1996.
SEC. 206. DEFINITION.
In this title, the term ‘‘approved bicycle helmet’’ means
a bicycle helmet that meets—
(1) any interim standard described in section
204(b), pending establishment of a final standard
under section 204(c); and
(2) the final standard, once it is established
under section 204(c).
TITLE III—BUCKET DROWNING
PREVENTION
SEC. 301. LABELING STANDARD REQUIREMENTS.
On October 1, 1994, or 240 days after the date of the
enactment of this title, whichever first occurs, there is estab-
lished and effective a consumer product safety standard
under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058), to eliminate or reduce the risk of injury or
death resulting from infants falling into 4-gallon to 6-gallon
buckets containing liquid. Such standard, when established,
shall require straight sided or slightly tapered, open head
containers with a capacity of more than 4 gallons and less
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than 6 gallons (referred to in this title as a ‘‘bucket’’), to
bear one warning label in English and Spanish. The label
shall meet the following requirements:
(1) The label shall be permanent so that such
label cannot be removed, torn or defaced without the
aid of tools or solvents.
(2) The label shall be at least 7 inches in height,
and 31⁄2 inches in width, or any larger size as the la-
beler may choose.
(3) The label shall be centered on one side of the
bucket just below the point where the handle is in-
serted.
(4) The label shall have a border or other form
of contrast around its edges to delineate it from any
other information on the bucket.
(5) The label shall bear (A) the signal word
‘‘WARNING’’ in both English and Spanish, in bold
uppercase lettering, and (B) in upper and lower case
lettering the words ‘‘Children Can Fall Into Bucket
and Drown. Keep Children Away From Buckets With
Even a Small Amount of Liquid.’’, with an equiva-
lent Spanish translation in at least the same type size
as English. The signal word panel shall be preceded
by a safety alert symbol consisting of an exclamation
mark in a triangle.
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(6) The label shall be clear and conspicuous and
in contrasting colors.
(7) The label shall include a picture of a child
falling into a bucket containing liquid. An encircled
slash symbol shall be superimposed over, and sur-
round the pictorial. The picture shall be positioned
between the signal word panel and the message panel.
SEC. 302. CERTAIN BUCKETS NOT AFFECTED.
The standard established by section 301 applies only
to buckets manufactured or imported on or after the effective
date of such standard, and buckets manufactured or im-
ported before such effective date may be sold without the
warning label required by section 301 even though such
sales occur after that date. The Consumer Product Safety
Commission, by rule, shall prohibit a manufacturer, filler,
distributor, and retailer from stockpiling buckets to which
consumer product safety standards established by section
301 of this title would have applied but for the preceding
sentence. For purposes of this section, the term ‘‘stock-
piling’’ shall have the same meaning as that provided by
section 9(g)(2) of the Consumer Product Safety Act.
SEC. 303. PROHIBITED ACTS.
(a) REMOVAL OF LABEL.—Once placed on a plastic
bucket pursuant to the standard provided by section 301,
it shall be a prohibited act under section 19 of the Consumer
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Product Safety Act for any person in the chain of distribu-
tion of the bucket to intentionally cover, obstruct, tear, de-
face or remove the label.
(b) CONSUMER PRODUCT SAFETY STANDARD.—The
standard established by section 301 of this title shall be con-
sidered a consumer product safety standard established
under the Consumer Product Safety Act.
SEC. 304. EXISTING LABELS.
Notwithstanding section 301, any bucket label in use
on September 1, 1993, may, if such label is substantially
in conformance with the requirements of paragraphs (3),
(4), (5), and (6) of section 301, continue to be placed on
buckets until 12 months after the date of the enactment of
this title. Notwithstanding the preceding sentence, buckets
subject to the provisions of this section must bear both an
English and Spanish language label on and after the effec-
tive date of the standard established by section 301.
SEC. 305. AMENDMENTS.
Section 553 of title 5, United States Code, shall apply
with respect to the Consumer Product Safety Commission’s
issuance of any amendments or changes to the bucket label-
ing standard established by section 301 of this title. Sections
7 and 9 of the Consumer Product Safety Act shall not apply
to such amendments or changes.
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SEC. 306. RESPONSIBILITY FOR LABELING.
(a) LABELING.—The standard established by section
301 requires the labeling of buckets covered by such stand-
ard to be the responsibility of the manufacturer of any such
buckets, unless otherwise specified by contract between the
manufacturer, and either the filler, distributor, or retailer
of such buckets. Under no circumstances shall any such
bucket enter the stream of commerce without such label.
(b) TIME FOR PLACING LABELS.—The required label
must be on the bucket at the time it is sold or delivered
to the end user of the bucket or its contents or, in the case
of a bucket intended to be sold to the public in an empty
state, at the time it is shipped to a retailer for sale to the
public.
SEC. 307. PERFORMANCE STANDARD.
(a) PERFORMANCE STANDARD.—Within 30 days fol-
lowing the date of enactment of this title, the Consumer
Product Safety Commission shall commence a proceeding
under the Consumer Product Safety Act for the issuance
of a performance standard for buckets to address the drown-
ing hazard associated with this product. Such standard
shall take effect at such time as may be prescribed by the
Consumer Product Safety Commission, but in no event later
than 15 months following the date of the enactment of this
title. The Consumer Product Safety Commission shall con-
sider any American Society for Testing and Materials vol-
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untary performance standard in existence prior to such
date of enactment.
(b) LABELING REQUIREMENTS.—The labeling require-
ments under section 101 shall not apply to buckets certified
by the Consumer Product Safety Commission as meeting
the performance standard in subsection (a).
SEC. 308. CONSULTATION.
To avoid duplicative and conflicting labeling, the
Consumer Product Safety Commission shall complete a con-
sultation with relevant Federal agencies within 30 days fol-
lowing the date of enactment of this Act.
SEC. 309. REQUIREMENT FOR COMMISSION STUDY.
(a) STUDY.—The Commission shall conduct a study
to assess the frequency of deaths and injuries arising from
drowning accidents in metal buckets, and the frequency and
type of uses of 4-gallon to 6-gallon metal containers in the
home, to determine whether special design and labeling
standards are needed for such containers. The Commission
shall report the results of the study to the Congress not later
than one year after the date of enactment of this Act.
(b) EXEMPTION.—During the pendency of such study,
metal containers which would otherwise be required to com-
ply with the labeling requirements of section 301 are exempt
from such requirements. Upon review of the results of the
study, the Commission shall decide whether to continue this
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exemption, to require compliance by metal containers, or
to consider further study in the future.
Attest:
Secretary.
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