I 

114TH CONGRESS 

2D SESSION H. R. 4460 

To reduce sports-related concussions in youth, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2016 

Mr. PASCRELL (for himself and Mr. ROONEY of Florida) introduced the 

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

A BILL 

To reduce sports-related concussions in youth, 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. 

4 This Act may be cited as the ‘‘Youth Sports Concus5 sion Act’’. 

6 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) Scientific advancements and a greater un10 derstanding of the issues that affect the health and 


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1 safety of young athletes are key to reducing sports2 related concussions in youth. 

3 (2) The National Academies issued a report in 

4 2013 finding limited evidence that current helmet 

5 designs reduce the risk of sports-related concussions 

6 and no evidence that mouthguards or facial protec7 tion reduce concussion risk, and recommending that 

8 the National Institutes of Health and the Depart9 ment of Defense fund research on biomechanical fac10 tors that influence injury risk in youth. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Consumer Product Safety Commission 

14 should review the National Academies’ report and 

15 future research in this area, including research as 

16 recommended by the National Academies, for any 

17 matter that may impact products under the Com18 mission’s jurisdiction; 

19 (2) if protective equipment manufacturers 

20 choose to adopt voluntary consumer product safety 

21 standards, the voluntary standards should include 

22 mechanisms to ensure substantial compliance by cov23 ered entities; and 

24 (3) the Federal Trade Commission should re25 view the National Academies’ report and future reVerDate Sep 11 2014 05:06 Feb 06, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 search in this area, including research as rec2 ommended by the National Academies, for any mat3 ter that may inform efforts to protect consumers 

4 from unfair or deceptive practices in or affecting 

5 commerce. 

6 SEC. 3. FALSE OR MISLEADING CLAIMS WITH RESPECT TO 

7 ATHLETIC SPORTING ACTIVITY EQUIPMENT. 

8 (a) UNLAWFUL ACTIVITY.—It is unlawful for any 

9 person to sell, or offer for sale, in interstate commerce, 

10 or import into the United States for the purpose of selling 

11 or offering for sale, any item or equipment intended, de12 signed, or offered for use by an individual engaged in any 

13 athletic sporting activity, whether professional or amateur, 

14 for which the seller or importer, or any person acting on 

15 behalf of the seller or importer, makes any deceptive claim 

16 with respect to the safety benefits of such item. 

17 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS18 SION.— 

19 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC20 TICES.—A violation of subsection (a) shall be treated 

21 as a violation of a rule under section 18 of the Fed22 eral Trade Commission Act (15 U.S.C. 57a) regard23 ing unfair or deceptive acts or practices. 

24 (2) POWERS OF FEDERAL TRADE COMMIS25 SION.— 


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1 (A) IN GENERAL.—The Federal Trade 

2 Commission shall enforce this section in the 

3 same manner, by the same means, and with the 

4 same jurisdiction, powers, and duties as though 

5 all applicable terms and provisions of the Fed6 eral Trade Commission Act (15 U.S.C. 41 et 

7 seq.) were incorporated into and made a part of 

8 this section. 

9 (B) REGULATIONS.—Notwithstanding any 

10 other provision of law, the Federal Trade Com11 mission may promulgate under section 553 of 

12 title 5, United States Code, such regulations as 

13 the Commission considers necessary or appro14 priate to carry out this section. 

15 (C) PRIVILEGES AND IMMUNITIES.—Any 

16 person who violates subsection (a) shall be sub17 ject to the penalties and entitled to the privi18 leges and immunities provided in the Federal 

19 Trade Commission Act as though all applicable 

20 terms and provisions of the Federal Trade 

21 Commission Act (15 U.S.C. 41 et seq.) were in22 corporated and made part of this section. 

23 (D) AUTHORITY PRESERVED.—Nothing in 

24 this section shall be construed to limit the auVerDate Sep 11 2014 02:00 Feb 06, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 thority of the Federal Trade Commission under 

2 any other provision of law. 

3 (c) ENFORCEMENT BY STATES.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (4), in any case in which the attorney general 

6 of a State has reason to believe that an interest of 

7 the residents of the State has been or is threatened 

8 or adversely affected by any person who violates sub9 section (a), the attorney general of the State, as 

10 parens patriae, may bring a civil action on behalf of 

11 the residents of the State in an appropriate district 

12 court of the United States to obtain appropriate in13 junctive relief. 

14 (2) RIGHTS OF FEDERAL TRADE COMMIS15 SION.— 

16 (A) NOTICE TO FEDERAL TRADE COMMIS17 SION.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (iii), the attorney general of a 

20 State shall notify the Federal Trade Com21 mission in writing that the attorney gen22 eral intends to bring a civil action under 

23 paragraph (1) before initiating the civil ac24 tion. 


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1 (ii) CONTENTS.—The notification re2 quired by clause (i) with respect to a civil 

3 action shall include a copy of the complaint 

4 to be filed to initiate the civil action. 

5 (iii) EXCEPTION.—If it is not feasible 

6 for the attorney general of a State to pro7 vide the notification required by clause (i) 

8 before initiating a civil action under para9 graph (1), the attorney general shall notify 

10 the Federal Trade Commission imme11 diately upon instituting the civil action. 

12 (B) INTERVENTION BY FEDERAL TRADE

13 COMMISSION.—The Federal Trade Commission 

14 may— 

15 (i) intervene in any civil action 

16 brought by the attorney general of a State 

17 under paragraph (1); and 

18 (ii) upon intervening— 

19 (I) be heard on all matters aris20 ing in the civil action; and 

21 (II) file petitions for appeal. 

22 (3) INVESTIGATORY POWERS.—Nothing in this 

23 subsection shall be construed to prevent the attorney 

24 general of a State from exercising the powers con25 ferred on the attorney general by the laws of the 


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1 State to conduct investigations, to administer oaths 

2 or affirmations, or to compel the attendance of wit3 nesses or the production of documentary or other 

4 evidence. 

5 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

6 COMMISSION.—If the Federal Trade Commission in7 stitutes a civil action or an administrative action 

8 with respect to a violation of subsection (a) or a rule 

9 promulgated under subsection (b)(2)(B) the attorney 

10 general of a State may not, during the pendency of 

11 that action, bring a civil action under paragraph (1) 

12 against any defendant named in the complaint of the 

13 Commission for the violation with respect to which 

14 the Commission instituted such action. 

15 (5) VENUE; SERVICE OF PROCESS.— 

16 (A) VENUE.—Any action brought under 

17 paragraph (1) may be brought in any district 

18 court of the United States that meets applicable 

19 requirements relating to venue under section 

20 1391 of title 28, United States Code. 

21 (B) SERVICE OF PROCESS.—In an action 

22 brought under paragraph (1), process may be 

23 served in any district in which the defendant— 

24 (i) is an inhabitant; or 

25 (ii) may be found. 


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1 (6) ACTIONS BY OTHER STATE OFFICIALS.—In 

2 addition to a civil actions brought by attorneys gen3 eral under paragraph (1), any other consumer pro4 tection officer of a State who is authorized by the 

5 State to do so may bring a civil action under para6 graph (1), subject to the same requirements and 

7 limitations that apply under this subsection to civil 

8 actions brought by attorneys general. 

Æ 


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