15 U.S.C. § 5904 — Definitions

Page 2217 TITLE 15—COMMERCE AND TRADE § 5904 1 So in original. The word ‘‘is’’ probably should not appear. section (a), the agency determines to its satis- faction that— (A) the crew member has received class- room and range training in weapons safety and marksmanship during the current year from a qualified instructor for each weapon that the crew member will be licensed to carry; and (B) the receipt or possession of a weapon by the crew member would not violate Fed- eral law, determined on the basis of a crimi- nal record background check conducted dur- ing the current year; (2) in issuing a renewal of a weapons license to an armored car crew member described in subsection (a), the agency determines to its satisfaction that— (A) the crew member has received con- tinuing training in weapons safety and marksmanship from a qualified instructor for each weapon that the crew member is li- censed to carry; and (B) the receipt or possession of a weapon by the crew member would not violate Fed- eral law, as determined by the agency; and (3) in issuing a weapons license under para- graph (1) or paragraph (2), as the case may be— (A) the agency issues such license for a pe- riod not to exceed 2 years; or (B) the agency issues such license for a pe- riod not to exceed 5 years in the case of a State that enacted a State law before Octo- ber 1, 1996, that provides for the issuance of an initial weapons license or a renewal of a weapons license, as the case may be, for a period not to exceed 5 years. (Pub. L. 103–55, § 3, July 28, 1993, 107 Stat. 276; Pub. L. 105–287, § 2, Oct. 27, 1998, 112 Stat. 2776.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–287, § 2(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘If an armored car crew member employed by an armored car company has in effect a license issued by the appropriate State agency (in the State in which such member is primarily employed by such company) to carry a weapon while acting in the services of such company in that State, and such State agency meets the minimum State re- quirements under subsection (b) of this section, then such crew member shall be entitled to lawfully carry any weapon to which such license relates in any State while such crew member is acting in the service of such company.’’ Subsec. (b). Pub. L. 105–287, § 2(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘A State agency meets the min- imum State requirements of this subsection if in issuing a weapons license to an armored car crew mem- ber described in subsection (a) of this section, the agen- cy requires the crew member to provide information on an annual basis to the satisfaction of the agency that— ‘‘(1) the crew member has received classroom and range training in weapons safety and marksmanship during the current year by a qualified instructor for each weapon that the crew member is licensed to carry; and ‘‘(2) the receipt or possession of a weapon by the crew member would not violate Federal law, deter- mined on the basis of a criminal record background check conducted during the current year.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–287, § 3, Oct. 27, 1998, 112 Stat. 2777, pro- vided that: ‘‘The amendments made by section 2 [amending this section] shall take effect 30 days after the date of the enactment of this Act [Oct. 27, 1998].’’ § 5903. Relation to other laws This chapter shall supersede any provision of State law (or the law of any political subdivi- sion of a State) that is inconsistent with this chapter. (Pub. L. 103–55, § 4, July 28, 1993, 107 Stat. 277.) § 5904. Definitions As used in this chapter: (1) The term ‘‘armored car crew member’’ means an individual who provides protection for goods transported by an armored car com- pany. (2) The term ‘‘armored car company’’ means a company— (A) subject to regulation under subchapter I of chapter 135 of title 49; and (B) is 1 registered under chapter 139 of such title, in order to engage in the business of transporting and protecting currency, bul- lion, securities, precious metals, supple- mental nutrition assistance program bene- fits, and other articles of unusual value in interstate commerce. (3) The term ‘‘State’’ means any State of the United States or the District of Columbia. (Pub. L. 103–55, § 5, July 28, 1993, 107 Stat. 277; Pub. L. 104–88, title III, § 336, Dec. 29, 1995, 109 Stat. 954; Pub. L. 110–234, title IV, § 4002(b)(1)(E), (2)(L), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(E), (2)(L), June 18, 2008, 122 Stat. 1664, 1857, 1858.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Par. (2)(B). Pub. L. 110–246, § 4002(b)(1)(E), (2)(L), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamps’’. 1995—Par. (2). Pub. L. 104–88 substituted ‘‘subchapter I of chapter 135’’ for ‘‘subchapter II of chapter 105’’ in subpar. (A) and ‘‘is registered under chapter 139’’ for ‘‘holding the appropriate certificate, permit, or license issued under subchapter II of chapter 109’’ in subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(E), (2)(L) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 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)