15 U.S.C. § 6004 — Standards

Page 2218 TITLE 15—COMMERCE AND TRADE § 6001 1 See References in Text note below. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. CHAPTER 86—CHILDREN’S BICYCLE HELMET SAFETY Sec. 6001. Establishment of program. 6002. Purposes for grants. 6003. Report to Congress. 6004. Standards. 6005. Authorization of appropriations. 6006. ‘‘Approved bicycle helmet’’ defined. § 6001. Establishment of program (a) In general The Administrator of the National Highway Traffic Safety Administration may, in accord- ance with section 6002 of this title, make grants to States, political subdivisions of States, and nonprofit organizations for programs that re- quire 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 pro- grams that effectively promote increased bicy- cle 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 subdivi- sion, or nonprofit organization for the non-Fed- eral share of the cost of such a program (other than planning and administration), the aggre- gate of all expenditures made by such State, po- litical subdivision, or nonprofit organization (exclusive of Federal funds) for the purposes de- scribed in section 6002 of this title (other than expenditures for planning and administration) shall be available for such crediting, without re- gard to whether such expenditures were actually made in connection with such program. (Pub. L. 103–267, title II, § 202, June 16, 1994, 108 Stat. 726.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–267, title II, § 201, June 16, 1994, 108 Stat. 726, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Children’s Bicycle Helmet Safety Act of 1994’.’’ § 6002. Purposes for grants 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 bicy- cles; (2) provide assistance, to individuals under the age of 16 who may not be able to afford ap- proved bicycle helmets, to enable such individ- uals to acquire such helmets; (3) develop and administer a program to edu- cate 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 activi- ties described in paragraphs (1), (2), and (3). The Administrator shall review grant applica- tions for compliance with this section prior to awarding grants. (Pub. L. 103–267, title II, § 203, June 16, 1994, 108 Stat. 727.) § 6003. Report to Congress Not later than May 1, 1997, the Administrator of the National Highway Traffic Safety Admin- istration shall report to Congress on the effec- tiveness of the grant program established by section 6001 of this title. The report shall in- clude a list of grant recipients, a summary of the types of programs implemented by the grantees, and any recommendation by the Ad- ministrator regarding how the program should be changed in the future. (Pub. L. 103–267, title II, § 204, June 16, 1994, 108 Stat. 727.) § 6004. Standards (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), 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 Insti- tute 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 sec- tion 553 of title 5 to— (1) review the requirements of the interim standards set forth in subsection (a) and estab- lish a final standard based on such require- ments; (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 appro- priate. Sections 7, 9, and 30(d) 1 of the Consumer Prod- uct Safety Act (15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the proceeding under this sub- section and section 11 of such Act (15 U.S.C. 2060) Page 2219 TITLE 15—COMMERCE AND TRADE § 6101 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 bicy- cle helmet that does not conform to an in- terim standard as required under subsection (a)(1) shall be considered in violation of a con- sumer 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 sub- section (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. (Pub. L. 103–267, title II, § 205, June 16, 1994, 108 Stat. 727.) Editorial Notes REFERENCES IN TEXT Section 30(d) of the Consumer Product Safety Act, re- ferred to in subsec. (c), was classified to section 2079(d) of this title prior to repeal by Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076. The Consumer Product Safety Act, referred to in sub- sec. (d), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to chapter 47 (§ 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. § 6005. Authorization of appropriations For the National Highway Traffic Safety Ad- ministration to carry out the grant program au- thorized 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. (Pub. L. 103–267, title II, § 206, June 16, 1994, 108 Stat. 728.) § 6006. ‘‘Approved bicycle helmet’’ defined 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. (Pub. L. 103–267, title II, § 207, June 16, 1994, 108 Stat. 728.) CHAPTER 87—TELEMARKETING AND CON- SUMER FRAUD AND ABUSE PREVENTION Sec. 6101. Findings. 6102. Telemarketing rules. 6103. Actions by States. 6104. Actions by private persons. 6105. Administration and applicability of chapter. 6106. Definitions. 6107. Enforcement of orders. 6108. Review. § 6101. Findings The Congress makes the following findings: (1) Telemarketing differs from other sales activities in that it can be carried out by sell- ers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State. (2) Interstate telemarketing fraud has be- come a problem of such magnitude that the re- sources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud. (3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud. (4) Consumers are victimized by other forms of telemarketing deception and abuse. (5) Consequently, Congress should enact leg- islation that will offer consumers necessary protection from telemarketing deception and abuse. (Pub. L. 103–297, § 2, Aug. 16, 1994, 108 Stat. 1545.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–56, title X, § 1011(a), Oct. 26, 2001, 115 Stat. 396, provided that: ‘‘This section [amending sections 6102 and 6106 of this title and sections 917 and 2325 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Crimes Against Charitable Americans Act of 2001’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–534, § 1, Nov. 22, 2000, 114 Stat. 2555, pro- vided that: ‘‘This Act [enacting provisions set out as notes under this section and section 3732 of Title 42, The Public Health and Welfare] may be cited as the ‘Protecting Seniors From Fraud Act’.’’ SHORT TITLE Pub. L. 103–297, § 1, Aug. 16, 1994, 108 Stat. 1545, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 9b of Title 7, Agriculture, and amending section 52 of this title] may be cited as the ‘Telemarketing and Consumer Fraud and Abuse Prevention Act’.’’ CONGRESSIONAL FINDINGS Pub. L. 106–534, § 2, Nov. 22, 2000, 114 Stat. 2555, pro- vided that: ‘‘Congress makes the following findings: ‘‘(1) Older Americans are among the most rapidly growing segments of our society. ‘‘(2) Our Nation’s elderly are too frequently the vic- tims of violent crime, property crime, and consumer and telemarketing fraud. ‘‘(3) The elderly are often targeted and retargeted in a range of fraudulent schemes. ‘‘(4) The TRIAD program, originally sponsored by the National Sheriffs’ Association, International As- sociation of Chiefs of Police, and the American Asso- ciation of Retired Persons unites sheriffs, police chiefs, senior volunteers, elder care providers, fami- lies, and seniors to reduce the criminal victimization of the elderly. ‘‘(5) Congress should continue to support TRIAD and similar community partnerships that improve the safety and quality of life for millions of senior citizens. ‘‘(6) There are few other community-based efforts that forge partnerships to coordinate criminal justice and social service resources to improve the safety and security of the elderly. ‘‘(7) According to the National Consumers League, telemarketing fraud costs consumers nearly $40,000,000,000 each year. ‘‘(8) Senior citizens are often the target of tele- marketing fraud. ‘‘(9) Fraudulent telemarketers compile the names of consumers who are potentially vulnerable to tele- marketing fraud into the so-called ‘mooch lists’.