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15 USC CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

.

-HEAD-

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec.

6001. Establishment of program.

(a) In general.

(b) Federal share.

6002. Purposes for grants.

6003. Report to Congress.

6004. Standards.

(a) In general.

(b) Interim standards.

(c) Final standard.

(d) Failure to meet standards.

6005. Authorization of appropriations.

6006. ''Approved bicycle helmet'' defined.

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15 USC Sec. 6001 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6001. Establishment of program

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(a) In general

The Administrator of the National Highway Traffic Safety

Administration may, in accordance with section 6002 of this title,

make grants to States, political subdivisions of 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.

(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, political subdivision, or

nonprofit organization for the non-Federal share of the cost of

such a program (other than planning and administration), the

aggregate of all expenditures made by such State, political

subdivision, or nonprofit organization (exclusive of Federal funds)

for the purposes described in section 6002 of this title (other

than expenditures for planning and administration) shall be

available for such crediting, without regard to whether such

expenditures were actually made in connection with such program.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 202, June 16, 1994, 108 Stat.

726.)

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SHORT TITLE

Section 201 of title II of Pub. L. 103-267 provided that: ''This

title (enacting this chapter) may be cited as the 'Children's

Bicycle Helmet Safety Act of 1994'.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6002, 6003 of this title.

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15 USC Sec. 6002 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6002. Purposes for grants

-STATUTE-

A grant made under section 6001 of this title 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 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).

The Administrator shall review grant applications for compliance

with this section prior to awarding grants.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 203, June 16, 1994, 108 Stat.

727.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6001 of this title.

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15 USC Sec. 6003 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6003. Report to Congress

-STATUTE-

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 6001

of this title. 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.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 204, June 16, 1994, 108 Stat.

727.)

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15 USC Sec. 6004 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6004. Standards

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(a) In general

Bicycle helmets manufactured 9 months or more after June 16,

1994, shall conform to -

(1) any interim standard described under subsection (b) of this

section, pending the establishment of a final standard pursuant

to subsection (c) of this section; and

(2) the final standard, once it has been established under

subsection (c) of this section.

(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 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 June 16, 1994, the Commission shall

begin a proceeding under section 553 of title 5 to -

(1) review the requirements of the interim standards set forth

in subsection (a) of this section 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

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 required under

subsection (a)(1) of this section shall be considered in

violation of a consumer product safety standard promulgated under

the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

(2) Status of final standard

The final standard developed under subsection (c) of this

section shall be considered a consumer product safety standard

promulgated under the Consumer Product Safety Act.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 205, June 16, 1994, 108 Stat.

727.)

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REFERENCES IN TEXT

The Consumer Product Safety Act, referred to in subsec. (d), is

Pub. L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is

classified generally to chapter 47 (Sec. 2051 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2051 of this title and

Tables.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6006 of this title.

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15 USC Sec. 6005 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6005. Authorization of appropriations

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For the National Highway Traffic Safety Administration to carry

out the grant program authorized by this chapter, 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.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 206, June 16, 1994, 108 Stat.

728.)

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15 USC Sec. 6006 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 86 - CHILDREN'S BICYCLE HELMET SAFETY

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Sec. 6006. ''Approved bicycle helmet'' defined

-STATUTE-

In this chapter, the term ''approved bicycle helmet'' means a

bicycle helmet that meets -

(1) any interim standard described in section 6004(b) of this

title, pending establishment of a final standard under section

6004(c) of this title; and

(2) the final standard, once it is established under section

6004(c) of this title.

-SOURCE-

(Pub. L. 103-267, title II, Sec. 207, June 16, 1994, 108 Stat.

728.)

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