I 

112TH CONGRESS 

1ST SESSION H. R. 1127 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2011 

Mr. PASCRELL (for himself, Mr. PLATTS, and Mr. WEINER) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To encourage and ensure the use of safe football helmets 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Children’s Sports Athletic Equipment Safety Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


Emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 1127 IH

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Participation in sports and athletic activi4 ties provides many benefits to children and should 

5 be encouraged. 

6 (2) Participation in sports and athletic activi7 ties does involve some inevitable risk of injury that 

8 no protective gear or safety device can fully elimi9 nate. 

10 (3) Sports-related concussion is a form of trau11 matic brain injury that can lead to lasting negative 

12 health consequences. 

13 (4) Direct medical costs and indirect costs of 

14 traumatic brain injuries totaled an estimated 

15 $60,000,000,000 in the United States in the year 

16 2000. 

17 (5) Sports are the second leading cause of trau18 matic brain injury for Americans who are 15 to 24 

19 years old, behind only motor vehicle crashes. 

20 (6) Every year, American athletes suffer up to 

21 an estimated 3,800,000 sports-related concussions. 

22 (7) The potential for catastrophic injury result23 ing from multiple concussions make sports-related 

24 concussion a significant concern for young athletes, 

25 coaches, and parents. 


Emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 1127 IH

1 (8) Football has the highest incidence of con2 cussions, which also occur in many other sports such 

3 as baseball, basketball, ice hockey, lacrosse, soccer, 

4 and softball. 

5 (9) An estimated 4,500,000 children play foot6 ball in organized youth and school sports leagues, in7 cluding approximately 1,500,000 high school players. 

8 (10) According to the Consumer Product Safety 

9 Commission, more than 920,000 athletes under the 

10 age of 18 were treated in emergency rooms, doctors’ 

11 offices, and clinics for football-related injuries in the 

12 year 2007. 

13 (11) In any given football season, 20 percent of 

14 all high school football players sustain brain injuries. 

15 (12) One study that included a post-season sur16 vey of football players found that 47 percent experi17 enced at least one concussion and almost 35 percent 

18 experienced multiple concussions. 

19 (13) Medical experts at Boston University 

20 School of Medicine found that a deceased 18-year21 old athlete, who had experienced multiple concus22 sions playing high school football, suffered from 

23 chronic traumatic encephalopathy, a degenerative 

24 brain disease caused by head trauma. 


Emcdonald on DSK2BSOYB1PROD with BILLS
4 

•HR 1127 IH

1 (14) A football helmet’s ability to protect play2 ers from injury by attenuating acceleration forces 

3 can decline over time as the helmet experiences 

4 thousands of hits from use during successive football 

5 seasons after its original date of manufacture. 

6 (15) According to industry estimates, 100,000 

7 football helmets more than ten years old, and thou8 sands almost twenty years old, were worn by players 

9 in the 2009 season. 

10 (16) A high school football player who suffered 

11 brain damage from being hit in the head soon after 

12 suffering a previous concussion was wearing a twen13 ty-year-old football helmet when he was injured. 

14 (17) Children as young as 5 years old rely on 

15 football helmets to protect against head injury. 

16 (18) The widespread adoption of a voluntary in17 dustry standard for football helmet safety led to an 

18 80-percent reduction in life-threatening subdural he19 matoma injuries. 

20 (19) The voluntary industry safety standard for 

21 football helmets does not specifically address concus22 sion risk. 

23 (20) There is no voluntary industry safety 

24 standard specifically for youth football helmets worn 

25 by children, who have different physiological characVerDate Mar 15 2010 19:49 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1127.IH H1127

Emcdonald on DSK2BSOYB1PROD with BILLS
5 

•HR 1127 IH

1 teristics from adults in terms of head size and neck 

2 strength, especially those who are younger than 12 

3 years old. 

4 (21) Some football helmet manufacturers and 

5 resellers have used misleading concussion safety 

6 claims to sell children’s football helmets. 

7 (22) Some used helmet reconditioners have 

8 falsely certified that reconditioned helmets provided 

9 to schools and youth football teams met voluntary 

10 industry safety standards. 

11 (23) Used helmet reconditioners do not inde12 pendently test reconditioned helmets before certi13 fying that they meet voluntary industry safety 

14 standards. 

15 (24) The industry organization that sets vol16 untary football helmet safety standards does not 

17 conduct independent testing nor market surveillance 

18 to ensure compliance with such voluntary safety 

19 standards by manufacturers and reconditioners that 

20 certify new and used helmets to such standards. 

21 (25) Football helmet manufacturers and re22 conditioners place product warning labels under23 neath padding where the warning labels are ob24 scured from view and not clearly legible. 


Emcdonald on DSK2BSOYB1PROD with BILLS
6 

•HR 1127 IH

1 (26) The Consumer Product Safety Act (15 

2 U.S.C. 2051 et seq.) charges the Consumer Product 

3 Safety Commission with protecting the public from 

4 unreasonable risks of serious injury or death from 

5 consumer products, including consumer products 

6 used in recreation and in schools. 

7 (27) The Federal Trade Commission Act (15 

8 U.S.C. 41 et seq.) empowers the Federal Trade 

9 Commission to prevent unfair or deceptive acts or 

10 practices, and prohibits the dissemination of mis11 leading claims for devices or services. 

12 SEC. 3. FOOTBALL HELMET SAFETY STANDARDS. 

13 (a) VOLUNTARY STANDARD DETERMINATION.— 

14 Within 9 months after the date of enactment of this Act, 

15 the Consumer Product Safety Commission shall deter16 mine, with respect to a standard or standards submitted 

17 by a voluntary standards-setting organization regarding 

18 youth football helmets, reconditioned football helmets, and 

19 new football helmet concussion resistance (if feasible) 

20 whether— 

21 (1) compliance with the standard or standards 

22 is likely to result in the elimination or adequate re23 duction of the risk of injury in connection with the 

24 use of football helmets; 


Emcdonald on DSK2BSOYB1PROD with BILLS
7 

•HR 1127 IH

1 (2) it is likely that there will be substantial 

2 compliance with the standard or standards; and 

3 (3) the standard or standards are maintained 

4 by a standards-setting organization that meets the 

5 requirements of the document ‘‘ANSI Essential Re6 quirements: Due Process Requirements for Amer7 ican National Standards’’ published in January 

8 2010 by the American National Standards Institute 

9 (or any successor document). 

10 (b) CONSUMER PRODUCT SAFETY STANDARD.—Un11 less the Consumer Product Safety Commission makes an 

12 affirmative determination with respect to a standard or 

13 standards under subsection (a) that addresses the matters 

14 to which the following standards would apply, the Com15 mission shall initiate a rulemaking proceeding for the de16 velopment of a consumer product safety rule with respect 

17 to the following: 

18 (1) YOUTH FOOTBALL HELMETS.—A standard 

19 for youth football helmets which is informed by chil20 dren’s different physiological characteristics from 

21 adults in terms of head size and neck strength. 

22 (2) RECONDITIONED FOOTBALL HELMETS.—A 

23 standard for all reconditioned football helmets. 

24 (3) NEW FOOTBALL HELMET CONCUSSION RE25 SISTANCE.—A standard for all new football helmets 


Emcdonald on DSK2BSOYB1PROD with BILLS
8 

•HR 1127 IH

1 that addresses concussion risk, if the Commission 

2 determines that such a standard is feasible given 

3 current understanding of concussion risk and how 

4 helmets can prevent concussion. 

5 (4) FOOTBALL HELMET WARNING LABELS.—A 

6 standard for warning labels on all football helmets 

7 that, at a minimum, requires clearly legible and fully 

8 visible statements warning consumers of the limits 

9 of protection afforded by the helmet. This standard 

10 may include requirements for pictograms, instruc11 tions, guidelines, or other cautions to consumers 

12 about injury risk and the proper use of football hel13 mets. 

14 (5) DATE OF MANUFACTURE LABEL FOR NEW

15 FOOTBALL HELMETS.—A standard for a clearly leg16 ible and fully visible label on all new football helmets 

17 stating the football helmet’s original date of manu18 facture and warning consumers that a football hel19 met’s ability to protect the wearer can decline over 

20 time. 

21 (6) DATE OF RECONDITIONING LABEL FOR RE22 CONDITIONED HELMETS.—A standard for a clearly 

23 legible and fully visible label on all reconditioned 

24 football helmets stating the helmet’s last date of re25 conditioning, its original date of manufacture, and 


Emcdonald on DSK2BSOYB1PROD with BILLS
9 

•HR 1127 IH

1 warning consumers that a football helmet’s ability to 

2 protect the wearer can decline over time, despite 

3 being properly and regularly reconditioned. 

4 (c) SAFETY STANDARDS.— 

5 (1) IN GENERAL.—The Commission shall— 

6 (A) in consultation with representatives of 

7 coaches, consumer groups, engineers, medical 

8 experts, school sports directors, scientists, and 

9 sports equipment standard-setting organiza10 tions, examine and assess the effectiveness of 

11 any voluntary consumer product safety stand12 ards for youth football helmets, reconditioned 

13 football helmets, and new football helmet con14 cussion resistance proposed by a voluntary 

15 standards-setting organization; and 

16 (B) in accordance with section 553 of title 

17 5, United States Code, promulgate consumer 

18 product safety standards that— 

19 (i) are substantially the same as such 

20 voluntary standards; or 

21 (ii) are more stringent than such vol22 untary standards, if the Commission deter23 mines that more stringent standards would 

24 further reduce the risk of injury associated 

25 with football helmets. 


Emcdonald on DSK2BSOYB1PROD with BILLS
10 

•HR 1127 IH

1 (2) TIMETABLE FOR RULEMAKING.—If the 

2 Commission does not make an affirmative deter3 mination under subsection (a) within the 9-month 

4 period, the Commission shall commence the rule5 making required by subsection (b) within 30 days 

6 after the end of that 9-month period. The Commis7 sion shall periodically review and revise the stand8 ards set forth in the consumer product safety rule 

9 prescribed pursuant to that proceeding to ensure 

10 that such standards provide the highest level of safe11 ty for football helmets that is feasible. 

12 SEC. 4. APPLICATION OF THIRD-PARTY TESTING AND CER13 TIFICATION REQUIREMENTS TO YOUTH 

14 FOOTBALL HELMETS. 

15 (a) IN GENERAL.—The third-party testing and cer16 tification requirements of section 14(a)(2) of the Con17 sumer Product Safety Act (15 U.S.C. 2063(a)(2)) shall 

18 apply to any youth football helmet (including a recondi19 tioned youth football helmet) to which any consumer prod20 uct safety rule prescribed under section 3(b) of this Act 

21 applies as if the helmet were a children’s product that is 

22 subject to a children’s product safety rule without regard 

23 to the age of the individual for whom it is primarily de24 signed or intended. 


Emcdonald on DSK2BSOYB1PROD with BILLS
11 

•HR 1127 IH

1 (b) SPECIAL APPLICATION OF DEFINITION OF CHIL2 DREN’S PRODUCT FOR PURPOSES OF TESTING AND CER3 TIFICATION OF FOOTBALL HELMETS.—For the exclusive 

4 purpose of applying the definition of the term ‘‘children’s 

5 product’’ in section 3(a)(2) of the Consumer Product Safe6 ty Act (15 U.S.C. 2052(a)(2)) to the requirements of sub7 section (a) of this section, ‘‘18 years’’ shall be substituted 

8 for ‘‘12 years’’ each place it appears. 

9 (c) For the purposes of this section, third-party test10 ing and certification shall be conducted by a testing lab11 oratory that has an accreditation— 

12 (1) that meets International Organization for 

13 Standardization/International Electrotechnical Com14 mission standard 17025:2005 entitled General Re15 quirements for the Competence of Testing and Cali16 bration Laboratories (or any successor standard that 

17 is from an accreditation body that is signatory to 

18 the International Laboratory Accreditation Coopera19 tion for testing accreditation); 

20 (2) that meets International Organization for 

21 Standardization/International Electrotechnical Com22 mission Guide 65:1996 entitled General Require23 ments for Bodies Operating Product Certification 

24 Systems (or any successor standard that is from an 

25 accreditation body that is signatory to the InterVerDate Mar 15 2010 19:49 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1127.IH H1127

Emcdonald on DSK2BSOYB1PROD with BILLS
12 

•HR 1127 IH

1 national Accreditation Forum for product certifi2 cation accreditation); and 

3 (3) that includes all appropriate football helmet 

4 standards and test methods within the scope of the 

5 accreditation. 

6 SEC. 5. FALSE OR MISLEADING CLAIMS WITH RESPECT TO 

7 ATHLETIC SPORTING ACTIVITY GOODS. 

8 (a) IN GENERAL.—It is unlawful for any person to 

9 sell, or offer for sale, in interstate commerce, or import 

10 into the United States for the purpose of selling or offer11 ing for sale, any item of equipment intended, designed, 

12 or offered for use by an individual engaged in any athletic 

13 sporting activity, whether professional or amateur, for 

14 which the seller or importer, or any person acting on be15 half of the seller or importer, makes any false or mis16 leading claim with respect to the safety benefits of such 

17 item. 

18 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS19 SION.— 

20 (1) IN GENERAL.—Violation of subsection (a), 

21 or any regulation prescribed under this section, shall 

22 be treated as a violation of a rule under section 18 

23 of the Federal Trade Commission Act (15 U.S.C. 

24 57a) regarding unfair or deceptive acts or practices. 

25 The Federal Trade Commission shall enforce this 


Emcdonald on DSK2BSOYB1PROD with BILLS
13 

•HR 1127 IH

1 Act in the same manner, by the same means, and 

2 with the same jurisdiction, powers, and duties as 

3 though all applicable terms and provisions of the 

4 Federal Trade Commission Act (15 U.S.C. 41 et 

5 seq.) were incorporated into and made a part of this 

6 Act. 

7 (2) REGULATIONS.—Notwithstanding any other 

8 provision of law, the Commission may promulgate 

9 such regulations as it finds necessary or appropriate 

10 under this Act under section 553 of title 5, United 

11 States Code. 

12 (3) PENALTIES.—Any person who violates sub13 section (a) or any regulation prescribed under that 

14 section, shall be subject to the penalties and entitled 

15 to the privileges and immunities provided in the 

16 Federal Trade Commission Act as though all appli17 cable terms and provisions of the Federal Trade 

18 Commission Act were incorporated in and made part 

19 of this Act. 

20 (4) AUTHORITY PRESERVED.—Nothing in this 

21 section shall be construed to limit the authority of 

22 the Commission under any other provision of law. 

23 (c) ENFORCEMENT BY STATE ATTORNEYS GEN24 ERAL.— 


Emcdonald on DSK2BSOYB1PROD with BILLS
14 

•HR 1127 IH

1 (1) RIGHT OF ACTION.—Except as provided in 

2 paragraph (5), the attorney general of a State, or 

3 other authorized State officer, alleging a violation of 

4 subsection (a) or any regulation issued under that 

5 section that affects or may affect such State or its 

6 residents may bring an action on behalf of the resi7 dents of the State in any United States district 

8 court for the district in which the defendant is 

9 found, resides, or transacts business, or wherever 

10 venue is proper under section 1391 of title 28, 

11 United States Code, to obtain appropriate injunctive 

12 relief. 

13 (2) INITIATION OF CIVIL ACTION.—A State 

14 shall provide prior written notice to the Federal 

15 Trade Commission of any civil action under para16 graph (1) together with a copy of its complaint, ex17 cept that if it is not feasible for the State to provide 

18 such prior notice, the State shall provide such notice 

19 immediately upon instituting such action. 

20 (3) INTERVENTION BY THE COMMISSION.—The 

21 Commission may intervene in such civil action and 

22 upon intervening— 

23 (A) be heard on all matters arising in such 

24 civil action; and 


Emcdonald on DSK2BSOYB1PROD with BILLS
15 

•HR 1127 IH

1 (B) file petitions for appeal of a decision in 

2 such civil action. 

3 (4) CONSTRUCTION.—Nothing in this section 

4 shall be construed— 

5 (A) to prevent the attorney general of a 

6 State, or other authorized State officer, from 

7 exercising the powers conferred on the attorney 

8 general, or other authorized State officer, by 

9 the laws of such State; or 

10 (B) to prohibit the attorney general of a 

11 State, or other authorized State officer, from 

12 proceeding in State or Federal court on the 

13 basis of an alleged violation of any civil or 

14 criminal statute of that State. 

15 (5) LIMITATION.—No separate suit shall be 

16 brought under this subsection if, at the time the suit 

17 is brought, the same alleged violation is the subject 

18 of a pending action by the Federal Trade Commis19 sion or the United States under this section. 

Æ 


Emcdonald on DSK2BSOYB1PROD with BILLS