[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 601 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 601

To encourage and ensure the use of safe football helmets and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2011

     Mr. Udall of New Mexico (for himself, Mr. Lautenberg, and Mr. 
  Blumenthal) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To encourage and ensure the use of safe football 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's Sports 
Athletic Equipment Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Football helmet safety standards.
Sec. 4. Application of third party testing and certification 
                            requirements to youth football helmets.
Sec. 5. False or misleading claims with respect to athletic sporting 
                            activity goods.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Participation in sports and athletic activities 
        provides many benefits to children and should be encouraged.
            (2) Participation in sports and athletic activities does 
        involve some inevitable risk of injury that no protective gear 
        or safety device can fully eliminate.
            (3) Sports-related concussion is a form of traumatic brain 
        injury that can lead to lasting negative health consequences.
            (4) Direct medical costs and indirect costs of traumatic 
        brain injuries totaled an estimated $60,000,000,000 in the 
        United States in the year 2000.
            (5) Sports are the second leading cause of traumatic brain 
        injury for Americans who are 15 to 24 years old, behind only 
        motor vehicle crashes.
            (6) Every year, American athletes suffer up to an estimated 
        3,800,000 sports-related concussions.
            (7) The potential for catastrophic injury resulting from 
        multiple concussions makes sports-related concussions a 
        significant concern for young athletes, coaches, and parents.
            (8) Football has the highest incidence of concussions, 
        which also occur in many other sports such as baseball, 
        basketball, ice hockey, lacrosse, soccer, and softball.
            (9) An estimated 4,500,000 children play football in 
        organized youth and school sports leagues, including 
        approximately 1,500,000 high school players.
            (10) According to the Consumer Product Safety Commission, 
        more than 920,000 athletes under the age of 18 were treated in 
        emergency rooms, doctors' offices, and clinics for football-
        related injuries in the year 2007.
            (11) In any given football season, 20 percent of all high 
        school football players sustain brain injuries.
            (12) One study that included a post-season survey of 
        football players found that 47 percent experienced at least one 
        concussion and almost 35 percent experienced multiple 
        concussions.
            (13) Medical experts at Boston University School of 
        Medicine found that a deceased 18-year-old athlete, who had 
        experienced multiple concussions playing high school football, 
        suffered from chronic traumatic encephalopathy, a degenerative 
        brain disease caused by head trauma.
            (14) A football helmet's ability to protect players from 
        injury by attenuating acceleration forces can decline over time 
        as the helmet experiences thousands of hits from use during 
        successive football seasons after its original date of 
        manufacture.
            (15) According to industry estimates, 100,000 football 
        helmets more than ten years old, and thousands almost twenty 
        years old, were worn by players in the 2009 season.
            (16) A high school football player who suffered brain 
        damage from being hit in the head soon after suffering a 
        previous concussion was wearing a 20-year-old football helmet 
        when he was injured.
            (17) Children as young as 5 years old rely on football 
        helmets to protect against head injury.
            (18) The widespread adoption of a voluntary industry 
        standard for football helmet safety led to an 80 percent 
        reduction in life-threatening subdural hematoma injuries.
            (19) The voluntary industry safety standard for football 
        helmets does not specifically address concussion risk.
            (20) There is no voluntary industry safety standard 
        specifically for youth football helmets worn by children, who 
        have different physiological characteristics from adults in 
        terms of head size and neck strength, especially those who are 
        younger than 12 years old.
            (21) Some football helmet manufacturers and resellers have 
        used misleading concussion safety claims to sell children's 
        football helmets.
            (22) Some used helmet reconditioners have falsely certified 
        that reconditioned helmets provided to schools and youth 
        football teams met voluntary industry safety standards.
            (23) Used helmet reconditioners do not independently test 
        reconditioned helmets before certifying that they meet 
        voluntary industry safety standards.
            (24) The industry organization that sets voluntary football 
        helmet safety standards does not conduct independent testing 
        nor market surveillance to ensure compliance with such 
        voluntary safety standards by manufacturers and reconditioners 
        that certify new and used helmets to such standards.
            (25) Football helmet manufacturers and reconditioners place 
        product warning labels underneath padding where the warning 
        labels are obscured from view and not clearly legible.
            (26) The Consumer Product Safety Act (15 U.S.C. 2051 et 
        seq.) charges the Consumer Product Safety Commission with 
        protecting the public from unreasonable risks of serious injury 
        or death from consumer products, including consumer products 
        used in recreation and in schools.
            (27) The Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) empowers the Federal Trade Commission to prevent unfair 
        or deceptive acts or practices, and prohibits the dissemination 
        of misleading claims for devices or services.

SEC. 3. FOOTBALL HELMET SAFETY STANDARDS.

    (a) Voluntary Standard Determination.--Within 9 months after the 
date of enactment of this Act, the Consumer Product Safety Commission 
shall determine, with respect to a standard or standards submitted by a 
voluntary standards-setting organization regarding youth football 
helmets, reconditioned football helmets, and new football helmet 
concussion resistance (if feasible) whether--
            (1) compliance with the standard or standards is likely to 
        result in the elimination or adequate reduction of the risk of 
        injury in connection with the use of football helmets;
            (2) it is likely that there will be substantial compliance 
        with the standard or standards; and
            (3) the standard or standards are maintained by a 
        standards-setting organization that meets the requirements of 
        the document ``ANSI Essential Requirements: Due Process 
        Requirements for American National Standards'' published in 
        January 2010 by the American National Standards Institute (or 
        any successor document).
    (b) Consumer Product Safety Standard.--Unless the Consumer Product 
Safety Commission makes an affirmative determination with respect to a 
standard or standards under subsection (a) that addresses the matters 
to which the following standards would apply, the Commission shall 
initiate a rulemaking proceeding for the development of a consumer 
product safety rule with respect to the following:
            (1) Youth football helmets.--A standard for youth football 
        helmets which is informed by children's different physiological 
        characteristics from adults in terms of head size and neck 
        strength.
            (2) Reconditioned football helmets.--A standard for all 
        reconditioned football helmets.
            (3) New football helmet concussion resistance.--A standard 
        for all new football helmets that addresses concussion risk, if 
        the Commission determines that such a standard is feasible 
        given current understanding of concussion risk and how helmets 
        can prevent concussion.
            (4) Football helmet warning labels.--A standard for warning 
        labels on all football helmets that, at a minimum, requires 
        clearly legible and fully visible statements warning consumers 
        of the limits of protection afforded by the helmet. This 
        standard may include requirements for pictograms, instructions, 
        guidelines, or other cautions to consumers about injury risk 
        and the proper use of football helmets.
            (5) Date of manufacture label for new football helmets.--A 
        standard for a clearly legible and fully visible label on all 
        new football helmets stating the football helmet's original 
        date of manufacture and warning consumers that a football 
        helmet's ability to protect the wearer can decline over time.
            (6) Date of reconditioning label for reconditioned 
        helmets.--A standard for a clearly legible and fully visible 
        label on all reconditioned football helmets stating the 
        helmet's last date of reconditioning, its original date of 
        manufacture, and warning consumers that a football helmet's 
        ability to protect the wearer can decline over time, despite 
        being properly and regularly reconditioned.
    (c) Safety Standards.--
            (1) In general.--The Commission shall--
                    (A) in consultation with representatives of 
                coaches, consumer groups, engineers, medical experts, 
                school sports directors, scientists, and sports 
                equipment standard-setting organizations, examine and 
                assess the effectiveness of any voluntary consumer 
                product safety standards for youth football helmets, 
                reconditioned football helmets, and new football helmet 
                concussion resistance proposed by a voluntary 
                standards-setting organization; and
                    (B) in accordance with section 553 of title 5, 
                United States Code, promulgate consumer product safety 
                standards that--
                            (i) are substantially the same as such 
                        voluntary standards; or
                            (ii) are more stringent than such voluntary 
                        standards, if the Commission determines that 
                        more stringent standards would further reduce 
                        the risk of injury associated with football 
                        helmets.
            (2) Timetable for rulemaking.--If the Commission does not 
        make an affirmative determination under subsection (a) within 
        the 9-month period, the Commission shall commence the 
        rulemaking required by subsection (b) within 30 days after the 
        end of that 9-month period. The Commission shall periodically 
        review and revise the standards set forth in the consumer 
        product safety rule prescribed pursuant to that proceeding to 
        ensure that such standards provide the highest level of safety 
        for football helmets that is feasible.

SEC. 4. APPLICATION OF THIRD PARTY TESTING AND CERTIFICATION 
              REQUIREMENTS TO YOUTH FOOTBALL HELMETS.

    (a) In General.--The third party testing and certification 
requirements of section 14(a)(2) of the Consumer Product Safety Act (15 
U.S.C. 2063(a)(2)) shall apply to any youth football helmet (including 
a reconditioned youth football helmet) to which any consumer product 
safety rule prescribed under section 3(b) of this Act applies as if the 
helmet were a children's product that is subject to a children's 
product safety rule without regard to the age of the individual for 
whom it is primarily designed or intended.
    (b) Special Application of Definition of Children's Product for 
Purposes of Testing and Certification of Football Helmets.--For the 
exclusive purpose of applying the definition of the term ``children's 
product'' in section 3(a)(2) of the Consumer Product Safety Act (15 
U.S.C. 2052(a)(2)) to the requirements of subsection (a) of this 
section, ``18 years'' shall be substituted for ``12 years'' each place 
it appears.
    (c) For the purposes of this section, third party testing and 
certification shall be conducted by a testing laboratory that has an 
accreditation--
            (1) that meets International Organization for 
        Standardization/International Electrotechnical Commission 
        standard 17025:2005 entitled General Requirements for the 
        Competence of Testing and Calibration Laboratories (or any 
        successor standard that is from an accreditation body that is 
        signatory to the International Laboratory Accreditation 
        Cooperation for testing accreditation);
            (2) that meets International Organization for 
        Standardization/International Electrotechnical Commission Guide 
        65:1996 entitled General Requirements for Bodies Operating 
        Product Certification Systems (or any successor standard that 
        is from an accreditation body that is signatory to the 
        International Accreditation Forum for product certification 
        accreditation); and
            (3) that includes all appropriate football helmet standards 
        and test methods within the scope of the accreditation.

SEC. 5. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING 
              ACTIVITY GOODS.

    (a) In General.--It is unlawful for any person to sell, or offer 
for sale, in interstate commerce, or import into the United States for 
the purpose of selling or offering for sale, any item of equipment 
intended, designed, or offered for use by an individual engaged in any 
athletic sporting activity, whether professional or amateur, for which 
the seller or importer, or any person acting on behalf of the seller or 
importer, makes any false or misleading claim with respect to the 
safety benefits of such item.
    (b) Enforcement by Federal Trade Commission.--
            (1) In general.--Violation of subsection (a), or any 
        regulation prescribed under this section, shall be treated as a 
        violation of a rule under section 18 of the Federal Trade 
        Commission Act (15 U.S.C. 57a) regarding unfair or deceptive 
        acts or practices. The Federal Trade Commission shall enforce 
        this Act in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this Act.
            (2) Regulations.--Notwithstanding any other provision of 
        law, the Commission may promulgate such regulations as it finds 
        necessary or appropriate under this Act under section 553 of 
        title 5, United States Code.
            (3) Penalties.--Any person who violates subsection (a) or 
        any regulation prescribed under that section, shall be subject 
        to the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act were incorporated in and made part of this Act.
            (4) Authority preserved.--Nothing in this section shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (c) Enforcement by State Attorneys General.--
            (1) Right of action.--Except as provided in paragraph (5), 
        the attorney general of a State, or other authorized State 
        officer, alleging a violation of subsection (a) or any 
        regulation issued under that section that affects or may affect 
        such State or its residents may bring an action on behalf of 
        the residents of the State in any United States district court 
        for the district in which the defendant is found, resides, or 
        transacts business, or wherever venue is proper under section 
        1391 of title 28, United States Code, to obtain appropriate 
        injunctive relief.
            (2) Initiation of civil action.--A State shall provide 
        prior written notice to the Federal Trade Commission of any 
        civil action under paragraph (1) together with a copy of its 
        complaint, except that if it is not feasible for the State to 
        provide such prior notice, the State shall provide such notice 
        immediately upon instituting such action.
            (3) Intervention by the commission.--The Commission may 
        intervene in such civil action and upon intervening--
                    (A) be heard on all matters arising in such civil 
                action; and
                    (B) file petitions for appeal of a decision in such 
                civil action.
            (4) Construction.--Nothing in this section shall be 
        construed--
                    (A) to prevent the attorney general of a State, or 
                other authorized State officer, from exercising the 
                powers conferred on the attorney general, or other 
                authorized State officer, by the laws of such State; or
                    (B) to prohibit the attorney general of a State, or 
                other authorized State officer, from proceeding in 
                State or Federal court on the basis of an alleged 
                violation of any civil or criminal statute of that 
                State.
            (5) Limitation.--No separate suit shall be brought under 
        this subsection if, at the time the suit is brought, the same 
        alleged violation is the subject of a pending action by the 
        Federal Trade Commission or the United States under this 
        section.
                                 <all>