Christen O'Donnell Equestrian Helmet Safety Act of 2013 [sic] - 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 (CPSC) to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the CPSC's reliance on voluntary standards, the development of consumer product safety rules, and the CPSC'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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4552 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4552
To encourage and ensure the use of safe equestrian helmets, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2014
Mr. Himes (for himself, Mr. Carney, Ms. Esty, and Mr. Larson of
Connecticut) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To encourage and ensure the use of safe equestrian helmets, 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 ``Christen O'Donnell Equestrian Helmet
Safety Act of 2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Head injuries are the number one reason for hospital
admissions of horseback riders and the leading cause of death
following a horseback riding injury.
(2) Over 100 deaths per year are estimated to result from
equestrian related activities, with head injuries accounting
for 3 of every 5 of these deaths.
(3) Nearly 68,000 people visited the emergency room in 2012
as a result of horseback riding related injuries, with head
injuries accounting for 22 percent and concussions accounting
for 7 percent of these visits.
(4) Horseback riding causes 11.7 percent of sports-related
traumatic brain injuries, which is the largest percentage of
any recreational sport.
(5) Between 2001 and 2009, children under 19 made 3,638
emergency room visits per year for traumatic brain injuries
resulting from horseback riding accidents.
(6) Between 75 and 80 percent of head injuries occur while
physically mounted on a horse--when a rider would normally be
wearing his or her helmet.
(7) Racing organizations require helmets, and as a result
jockeys now sustain fewer head injuries than pleasure riders.
(8) The U.S. Pony Clubs lowered head injury rates by 29
percent through mandatory helmet use.
(9) Properly fitted ASTM/SEI certified helmets can reduce
head injury-related deaths by 70 to 80 percent.
SEC. 3. 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 F1163.
(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 and 9 of
the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) 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. 4. AUTHORIZATIONS OF APPROPRIATIONS.
There is authorized to be appropriated to the Consumer Product
Safety Commission to carry out this Act, $500,000 for fiscal year 2014,
which amount shall remain available until expended.
SEC. 5. 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 3(b),
pending establishment of a final standard under section
3(c); and
(B) the final standard, once it is effective under
section 3(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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