The legislation, drafted by Senator Tom Udall, Democrat of New Mexico, would force football helmet industry to adopt the testing standards specifically concussions and the needs of children under 12 years of age, who do not believe that the existing standards. It would mandate independent third party oversight of this process – compared to largely self-policing "environment on site now – as well as tags that clearly identify each helmet age.
Called the children's Sports Athletic equipment Safety Act, the Act also would strengthen the power of the Federal Trade Commission and State attorneys general to penalize companies that false or misleading claims about all children's Sport safety product, including earrings, mouth guards, and other objects.
Sport equipment safety standards are monitored by the National Committee for operation on standards for Athletic equipment (Nocsae), a voluntary trade association consists mainly of doctors and representatives of the sporting goods industry. Nocsaes football standard developed to prevent the skull fractures and other catastrophic brain damage, was not altered meaningful since 1973.
Respond to a survey of the Consumer Product Safety Commission, has promised to pursue the Nocsae officials some of the reforms required in the Udalls legislation.
In a telephone interview Tuesday confirming his plan to introduce legislation, Udall said that the Bill was designed to "light a fire under" helmet industry and, on the Nocsae does not act in a satisfactory manner, in order to call for the C.P.S.C. to introduce new standards.
"The voluntary efforts have failed — the voluntary supervisory authority or body, what we want to call it, just not moved forward in an aggressive way," Udall said. "We hope they will act only in order to protect safety. But if they're not C.P.S.C. will.
Udall had asked the Federal Trade Commission to investigate two helmet manufacturers for false and misleading advertising of how their helmets protect against concussion. (The Commission did not confirm or deny investigations, as a matter of policy.) Last week, two Democratic members of Congress, representative Henry Waxman of California and g. k. Butterfield, North Carolina, urged the Republican-controlled House to hold a hearing on football helmet safety issues.
Mike Oliver, Nocsaes Executive Director and legal counsel, said in a telephone interview Tuesday that his organisation had as aggressive as possible in order to achieve a helmet testing standard when it comes to concussions, but that science had not yet established the forces that are damaging. Olives, expressed confidence that the Nocsae soon would be able to design a helmet standard specific to young players, with the help of science borrowed from children's bicycles and motor-Sport helmets.
"I don't understand a democratic frustration, and frustration of others, since there is an answer yet," said Oliver. "We have almost a crisis with regard to concussions and what to do about it. One thing that we do not do is change a default display did we quote unquote. Otherwise we just experimenting on children. "
A spokesman for the C.P.S.C., which pressured Nocsae to consider new helmet labels and other security measures, said that the Commission did not comment on pending legislation.
A bill on companions to Udalls will be introduced Wednesday in the House of representative Bill Pascrell, Democrat of New Jersey. Pascrell authored a bill adopted by Parliament in the autumn of last year that requires national protocols for the treatment of youth-sports concussions; The Senate has yet to vote on this legislation.
Last Thursday, the organization that monitors the reconditioning of used helmets — which involves cleaning and replacement of worn parts — announced that it would no longer accept headgear for more than ten years old, which would eventually phase out helmets in this age. National standards for youth and high school football continue to permit the use of headgear of the age or condition, as long as it met the Nocsae standard at the time of manufacture.
Udall's bill does not specify an age limit on helmets or require that the professional be reconditioned every year or two, but the task of labels clearly indicate when the helmet was made and, where appropriate, being renovated. Such labels are placed now, often burying under helmets interior padding, leave the helmet age a relative mystery.
The Bill requires either financing or immediate government intervention, to which both the Udall and Pascrell said should help to encourage bipartisan support.
"It's got to help us," said Pascrell. "We have people in Congress right now that is nitpicking over public safety, as we saw with resources for firefighters, police officers and E.M.T. 's. Seems to me a top priorities is to protect our children. Will they look in the mirror and say that? We'll see. "
The Bill expands beyond football helmets address advertising for all of the children's safety sports equipment, such as ear rings for football and lacrosse glasses. This allows F.T.C. to require manufacturers to false or misleading claims in civil fines and authorizes State attorneys general to sue companies under the new law.
"It is not just a question of football," said Udall. "We have all kinds of athletic equipment is out to fulfill her role as security or protection. So it seems to me if you have a Headband or a mouth guard, the same set of questions comes to misleading questions. We are trying to be wide. "
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