I 

113TH CONGRESS 

1ST SESSION H. R. 2118 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2013 

Mr. PASCRELL (for himself and Mr. ROONEY) 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 of 2013’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) scientific advancements and a greater un9 derstanding of the issues that affect the health and 

10 safety of young athletes are key to reducing sports11 related concussions in youth; 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 2118 IH

1 (2) the National Academies should complete, 

2 and make available to the public, its report on 

3 sports-related concussions in youth not later than 

4 January 31, 2014; 

5 (3) the Consumer Product Safety Commission 

6 should review the National Academies’ report for 

7 any matter that may impact products under the 

8 Commission’s jurisdiction; 

9 (4) if protective equipment manufacturers 

10 choose to adopt voluntary consumer product safety 

11 standards based on the National Academies’ report 

12 and any related Consumer Product Safety Commis13 sion recommendations, the voluntary standards 

14 should include mechanisms to ensure substantial 

15 compliance by covered entities; and 

16 (5) the Federal Trade Commission should re17 view the National Academies’ report for any matter 

18 that may inform efforts to protect consumers from 

19 unfair or deceptive practices in or affecting com20 merce. 

21 SEC. 3. THE NATIONAL ACADEMIES’ REPORT ON SPORTS22 RELATED CONCUSSIONS IN YOUTH. 

23 (a) REVIEW.—The Consumer Product Safety Com24 mission— 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 2118 IH

1 (1) shall review the National Academies’ report 

2 on sports-related concussion in youth not later than 

3 5 months after the completion of such report; and 

4 (2) may make recommendations to protective 

5 equipment manufacturers regarding whether vol6 untary standards should be adopted— 

7 (A) to reduce the risk of sports-related in8 jury for youth athletes wearing protective 

9 equipment; 

10 (B) to improve the safety of reconditioned 

11 protective equipment; and 

12 (C) to modify protective equipment warn13 ing labels. 

14 (b) SAFETY STANDARDS.— 

15 (1) LEAD TIME FOR A VOLUNTARY STAND16 ARD.—If, not later than 1 year after the completion 

17 of the National Academies’ report, no voluntary 

18 standard is adopted based on the National Acad19 emies’ report and any related Consumer Product 

20 Safety Commission recommendations, the Consumer 

21 Product Safety Commission may initiate a pro22 ceeding to promulgate a consumer product safety 

23 rule in accordance with section 553 of title 5, United 

24 States Code. 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 2118 IH

1 (2) NET EFFECT.—A rule issued under this 

2 subsection must have the net effect of improving 

3 safety. 

4 (3) CONFORMITY WITH EXISTING LAW.—A rule 

5 issued under this subsection shall be considered a 

6 consumer product safety standard issued by the 

7 Commission under section 9 of the Consumer Prod8 uct Safety Act (15 U.S.C. 2058). 

9 SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO 

10 ATHLETIC SPORTING ACTIVITY EQUIPMENT. 

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

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

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

14 or offering for sale, any item or equipment intended, de15 signed, or offered for use by an individual engaged in any 

16 athletic sporting activity, whether professional or amateur, 

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

18 behalf of the seller or importer, makes any false or mis19 leading claim with respect to the safety benefits of such 

20 item. 

21 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS22 SION.— 

23 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC24 TICES.—A violation of subsection (a) shall be treated 

25 as a violation of a rule under section 18 of the FedVerDate Mar 15 2010 00:35 May 29, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2118.IH H2118

pwalker on DSK7TPTVN1PROD with BILLS
5 

•HR 2118 IH

1 eral Trade Commission Act (15 U.S.C. 57a) regard2 ing unfair or deceptive acts or practices. 

3 (2) POWERS OF FEDERAL TRADE COMMIS4 SION.— 

5 (A) IN GENERAL.—The Federal Trade 

6 Commission shall enforce this section in the 

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

8 same jurisdiction, powers, and duties as though 

9 all applicable terms and provisions of the Fed10 eral Trade Commission Act (15 U.S.C. 41 et 

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

12 this section. 

13 (B) REGULATIONS.—Notwithstanding any 

14 other provision of law, the Federal Trade Com15 mission may promulgate under section 553 of 

16 title 5, United States Code, such regulations as 

17 the Commission considers necessary or appro18 priate to carry out this section. 

19 (C) PRIVILEGES AND IMMUNITIES.—Any 

20 person who violates subsection (a) shall be sub21 ject to the penalties and entitled to the privi22 leges and immunities provided in the Federal 

23 Trade Commission Act as though all applicable 

24 terms and provisions of the Federal Trade 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•HR 2118 IH

1 Commission Act (15 U.S.C. 41 et seq.) were in2 corporated and made part of this section. 

3 (D) AUTHORITY PRESERVED.—Nothing in 

4 this section shall be construed to limit the au5 thority of the Federal Trade Commission under 

6 any other provision of law. 

7 (c) ENFORCEMENT BY STATES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (4), in any case in which the attorney general 

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

11 the residents of the State has been or is threatened 

12 or adversely affected by any person who violates sub13 section (a), the attorney general of the State, as 

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

15 the residents of the State in an appropriate district 

16 court of the United States to obtain appropriate in17 junctive relief. 

18 (2) RIGHTS OF FEDERAL TRADE COMMIS19 SION.— 

20 (A) NOTICE TO FEDERAL TRADE COMMIS21 SION.— 

22 (i) IN GENERAL.—Except as provided 

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

24 State shall notify the Federal Trade Com25 mission in writing that the attorney genVerDate Mar 15 2010 00:35 May 29, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2118.IH H2118

pwalker on DSK7TPTVN1PROD with BILLS
7 

•HR 2118 IH

1 eral intends to bring a civil action under 

2 paragraph (1) before initiating the civil ac3 tion. 

4 (ii) CONTENTS.—The notification re5 quired by clause (i) with respect to a civil 

6 action shall include a copy of the complaint 

7 to be filed to initiate the civil action. 

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

9 for the attorney general of a State to pro10 vide the notification required by clause (i) 

11 before initiating a civil action under para12 graph (1), the attorney general shall notify 

13 the Federal Trade Commission imme14 diately upon instituting the civil action. 

15 (B) INTERVENTION BY FEDERAL TRADE

16 COMMISSION.—The Federal Trade Commission 

17 may— 

18 (i) intervene in any civil action 

19 brought by the attorney general of a State 

20 under paragraph (1); and 

21 (ii) upon intervening— 

22 (I) be heard on all matters aris23 ing in the civil action; and 

24 (II) file petitions for appeal. 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•HR 2118 IH

1 (3) INVESTIGATORY POWERS.—Nothing in this 

2 subsection shall be construed to prevent the attorney 

3 general of a State from exercising the powers con4 ferred on the attorney general by the laws of the 

5 State to conduct investigations, to administer oaths 

6 or affirmations, or to compel the attendance of wit7 nesses or the production of documentary or other 

8 evidence. 

9 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

10 COMMISSION.—If the Federal Trade Commission in11 stitutes a civil action or an administrative action 

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

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

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

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

16 against any defendant named in the complaint of the 

17 Commission for the violation with respect to which 

18 the Commission instituted such action. 

19 (5) VENUE; SERVICE OF PROCESS.— 

20 (A) VENUE.—Any action brought under 

21 paragraph (1) may be brought in any district 

22 court of the United States that meets applicable 

23 requirements relating to venue under section 

24 1391 of title 28, United States Code. 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•HR 2118 IH

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

2 brought under paragraph (1), process may be 

3 served in any district in which the defendant— 

4 (i) is an inhabitant; or 

5 (ii) may be found. 

6 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

7 (A) IN GENERAL.—In addition to a civil 

8 actions brought by attorneys general under 

9 paragraph (1), any other officer of a State who 

10 is authorized by the State to do so may bring 

11 a civil action under paragraph (1), subject to 

12 the same requirements and limitations that 

13 apply under this subsection to civil actions 

14 brought by attorneys general. 

15 (B) SAVINGS PROVISION.—Nothing in this 

16 subsection may be construed to prohibit an au17 thorized official of a State from initiating or 

18 continuing any proceeding in a court of the 

19 State for a violation of any civil or criminal law 

20 of the State. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS