U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–310 

Calendar No. 618 

YOUTH SPORTS CONCUSSION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1014 

DECEMBER 12, 2014.—Ordered to be printed 


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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR , Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 618 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–310 

YOUTH SPORTS CONCUSSION ACT 

DECEMBER 12, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1014] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1014) to reduce sports-related concussions in youth, and for other purposes, having considered the 

same, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 1014, the Youth Sports Concussion Act, is to 

help reduce sports-related concussions in youth by providing the 

Federal Trade Commission (FTC) greater enforcement authority. 

BACKGROUND AND NEEDS

In recent years, a constant drumbeat of press coverage about the 

long-term implications of traumatic brain injury among athletes 

has caused widespread alarm among parents and growing public 

awareness of its dangers. Yet this public concern has also resulted 

in the proliferation of unfair and deceptive safety claims to sell protective sports equipment and has highlighted the need to streamline the FTC’s authority over these claims, as well as a closer review of safety standards for sports equipment. 

On October 19, 2011, the Committee on Commerce, Science, and 

Transportation of the Senate held a hearing, Concussions and the 

Marketing of Sports Equipment, which examined its investigative 

findings of widespread usage of ‘‘anti-concussion,’’ ‘‘concussion-reducing,’’ or other unfounded claims in the marketing of sports 

equipment. In August 2012, the FTC brought an enforcement acVerDate Sep 11 2014 04:09 Dec 18, 2014 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR310.XXX SR310

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tion against the makers of Brain-Pad mouth guards for false and 

misleading claims. Still, products touting unfounded promises of 

concussion ‘‘prevention’’ continue to be readily available online. 

While much of the media coverage has centered on the tragedies 

of former NFL players with histories of brain injuries, doctors say 

that young athletes are more vulnerable to concussions and face 

greater negative consequences. This past school year, more than 

300,000 high school athletes were diagnosed with concussions. And 

since 2005, over 1.3 million concussions have been diagnosed 

among high school athletes in just the top 9 most popular sports. 

These figures, researchers say, likely understate – vastly – the true 

extent of the epidemic because many head injuries go unreported 

or ignored. 

In October 2013, the Institute of Medicine of the National Academies issued a report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, which is referenced in 

the legislation and was commissioned at the urging of Chairman 

John D. Rockefeller IV and Senator Tom Udall. The report found 

that much remains unknown about the extent of concussions in 

youth, but it found limited evidence that current helmet designs reduce the risk of sport-related concussions and no evidence that 

mouth guards or other facial protection equipment reduce concussion risk. The Institute of Medicine’s report recommended that the 

Federal Government invest in additional research into biomechanical factors that influence injury risk in youth and that this data 

be used to inform the development of effective protective equipment 

safety standards. 

SUMMARY OF PROVISIONS

S. 1014 would allow the FTC to clarify what constitutes an unfair and deceptive act or practice in regards to safety claims involving sports equipment, and it would provide the FTC the authority 

to impose civil penalties for such violations. The legislation would 

also provide State attorneys general the authority to enforce such 

advertising violations. 

The bill has received support from numerous sports, medical, and 

consumer organizations: American Academy of Neurology, American Academy of Pediatrics, Brain Injury Association of America, 

Brain Trauma Foundation, Cleveland Clinic, Consumer Federation 

of America, Consumers Union, Major League Baseball, Major 

League Baseball Players Association, Major League Soccer, Major 

League Soccer Players Union, National Association of State Head 

Injury Administrators, National Athletic Trainers’ Association, National Basketball Association, National Collegiate Athletic Association, National Consumers League, National Federation of State 

High School Associations, National Football League, National Football League Players Association, National Hockey League, National 

Interscholastic Athletic Administrators Association, National Operating Committee on Standards for Athletic Equipment, Safe Kids 

Worldwide, US Lacrosse, U.S. Soccer Federation, and USA Hockey. 

LEGISLATIVE HISTORY

On April 9, 2014, in an open Executive Session, the Committee 

considered the bill and reported S. 1014, as amended, favorably by 


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voice vote. The Committee adopted a substitute amendment from 

Senator Rockefeller. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1014—Youth Sports Concussion Act 

S. 1014 would prohibit importers and sellers of athletic equipment from making deceptive claims about the safety of that equipment. The Federal Trade Commission (FTC) would be directed to 

write regulations to enforce the new prohibition. 

Based on information from the FTC, CBO estimates that the cost 

of implementing S. 1014 would not be significant because the agency is already taking action to enforce such a prohibition under its 

general authority. Enacting S. 1014 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1014 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Susan Willie. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The legislation would apply to manufacturers of sports equipment, including any person who sells, offers for sale, or imports 

any item or equipment intended, designed, or offered for use by an 

individual engaged in any athletic sporting activity, whether professional or amateur. 

ECONOMIC IMPACT

This legislation is not expected to have an adverse economic impact on the Nation. 

PRIVACY

S. 1014 would not have a negative impact on the personal privacy of individuals. 

PAPERWORK

S. 1014 is not expected to create new reporting requirements. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 


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contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

Section 1 of the bill would establish the short title of the bill as 

the ‘‘Youth Sports Concussion Act.’’ 

Section 2. Sense of Congress. 

Section 2 of the bill would provide the sense of Congress that scientific advancements and a greater understanding of the issues 

that affect the health and safety of young athletes are key to reducing sports-related concussions in youth. The sense of Congress 

would call on the Consumer Product Safety Commission and the 

FTC to review the October 2013 report from the Institute of Medicine to inform their efforts to protect consumers. It also urges that 

any voluntary standards adopted by protective sports equipment 

manufacturers include a mechanism to ensure substantial compliance. 

Section 3. False or misleading claims with respect to athletic sporting activity equipment. 

Section 3 of the bill would make it unlawful for any person to 

sell, offer for sale, or import any item or equipment for which the 

seller or importer, or anyone on their behalf, makes any deceptive 

claim about the safety benefits of the item or equipment. Any such 

violation would be considered a violation of a rule under section 18 

of the FTC Act (15 U.S.C. 57a). Should the FTC believe that a rulemaking is needed to carry out this section, the FTC would be empowered to do so under section 553 of title 5, United States Code 

(commonly known as the Administrative Procedure Act). Section 3 

of the bill also would authorize State attorneys general to bring actions against entities that are in violation of this section, subject 

to intervention by the FTC. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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