II 

Calendar No. 618 

113TH CONGRESS 

2D SESSION S. 1014 

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

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2013 

Mr. UDALL of New Mexico (for himself, Mr. ROCKEFELLER, Ms. KLOBUCHAR, 

and Mr. BLUMENTHAL) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 8, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) scientific advancements and a greater un4 derstanding of the issues that affect the health and 

5 safety of young athletes are key to reducing sports6 related concussions in youth; 

7 (2) the National Academies should complete, 

8 and make available to the public, its report on 

9 sports-related concussions in youth not later than 

10 January 31, 2014; 

11 (3) the Consumer Product Safety Commission 

12 should review the National Academies’ report for 

13 any matter that may impact products under the 

14 Commission’s jurisdiction; 

15 (4) if protective equipment manufacturers 

16 choose to adopt voluntary consumer product safety 

17 standards based on the National Academies’ report 

18 and any related Consumer Product Safety Commis19 sion recommendations, the voluntary standards 

20 should include mechanisms to ensure substantial 

21 compliance by covered entities; and 

22 (5) the Federal Trade Commission should re23 view the National Academies’ report for any matter 

24 that may inform efforts to protect consumers from 

25 unfair or deceptive practices in or affecting com26 merce. 


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1 SEC. 3. THE NATIONAL ACADEMIES’ REPORT ON SPORTS2 RELATED CONCUSSIONS IN YOUTH. 

3 (a) REVIEW.—The Consumer Product Safety Com4 mission— 

5 (1) shall review the National Academies’ report 

6 on sports-related concussion in youth not later than 

7 5 months after the completion of such report; and 

8 (2) may make recommendations to protective 

9 equipment manufacturers regarding whether vol10 untary standards should be adopted— 

11 (A) to reduce the risk of sports-related in12 jury for youth athletes wearing protective 

13 equipment; 

14 (B) to improve the safety of reconditioned 

15 protective equipment; and 

16 (C) to modify protective equipment warn17 ing labels. 

18 (b) SAFETY STANDARDS.— 

19 (1) LEAD TIME FOR A VOLUNTARY STAND20 ARD.—If, not later than 1 year after the completion 

21 of the National Academies’ report, no voluntary 

22 standard is adopted based on the National Acad23 emies’ report and any related Consumer Product 

24 Safety Commission recommendations, the Consumer 

25 Product Safety Commission may initiate a pro26 ceeding to promulgate a consumer product safety 


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

2 States Code. 

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

4 subsection must have the net effect of improving 

5 safety. 

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

7 issued under this subsection shall be considered a 

8 consumer product safety standard issued by the 

9 Commission under section 9 of the Consumer Prod10 uct Safety Act (15 U.S.C. 2058). 

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

12 ATHLETIC SPORTING ACTIVITY EQUIPMENT. 

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

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

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

16 or offering for sale, any item or equipment intended, de17 signed, or offered for use by an individual engaged in any 

18 athletic sporting activity, whether professional or amateur, 

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

20 behalf of the seller or importer, makes any false or mis21 leading claim with respect to the safety benefits of such 

22 item. 

23 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS24 SION.— 


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1 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC2 TICES.—A violation of subsection (a) shall be treated 

3 as a violation of a rule under section 18 of the Fed4 eral Trade Commission Act (15 U.S.C. 57a) regard5 ing unfair or deceptive acts or practices. 

6 (2) POWERS OF FEDERAL TRADE COMMIS7 SION.— 

8 (A) IN GENERAL.—The Federal Trade 

9 Commission shall enforce this section in the 

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

11 same jurisdiction, powers, and duties as though 

12 all applicable terms and provisions of the Fed13 eral Trade Commission Act (15 U.S.C. 41 et 

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

15 this section. 

16 (B) REGULATIONS.—Notwithstanding any 

17 other provision of law, the Federal Trade Com18 mission may promulgate under section 553 of 

19 title 5, United States Code, such regulations as 

20 the Commission considers necessary or appro21 priate to carry out this section. 

22 (C) PRIVILEGES AND IMMUNITIES.—Any 

23 person who violates subsection (a) shall be sub24 ject to the penalties and entitled to the privi25 leges and immunities provided in the Federal 


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1 Trade Commission Act as though all applicable 

2 terms and provisions of the Federal Trade 

3 Commission Act (15 U.S.C. 41 et seq.) were in4 corporated and made part of this section. 

5 (D) AUTHORITY PRESERVED.—Nothing in 

6 this section shall be construed to limit the au7 thority of the Federal Trade Commission under 

8 any other provision of law. 

9 (c) ENFORCEMENT BY STATES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (4), in any case in which the attorney general 

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

13 the residents of the State has been or is threatened 

14 or adversely affected by any person who violates sub15 section (a), the attorney general of the State, as 

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

17 the residents of the State in an appropriate district 

18 court of the United States to obtain appropriate in19 junctive relief. 

20 (2) RIGHTS OF FEDERAL TRADE COMMIS21 SION.— 

22 (A) NOTICE TO FEDERAL TRADE COMMIS23 SION.— 

24 (i) IN GENERAL.—Except as provided 

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


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1 State shall notify the Federal Trade Com2 mission in writing that the attorney gen3 eral intends to bring a civil action under 

4 paragraph (1) before initiating the civil ac5 tion. 

6 (ii) CONTENTS.—The notification re7 quired by clause (i) with respect to a civil 

8 action shall include a copy of the complaint 

9 to be filed to initiate the civil action. 

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

11 for the attorney general of a State to pro12 vide the notification required by clause (i) 

13 before initiating a civil action under para14 graph (1), the attorney general shall notify 

15 the Federal Trade Commission imme16 diately upon instituting the civil action. 

17 (B) INTERVENTION BY FEDERAL TRADE

18 COMMISSION.—The Federal Trade Commission 

19 may— 

20 (i) intervene in any civil action 

21 brought by the attorney general of a State 

22 under paragraph (1); and 

23 (ii) upon intervening— 

24 (I) be heard on all matters aris25 ing in the civil action; and 


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1 (II) file petitions for appeal. 

2 (3) INVESTIGATORY POWERS.—Nothing in this 

3 subsection shall be construed to prevent the attorney 

4 general of a State from exercising the powers con5 ferred on the attorney general by the laws of the 

6 State to conduct investigations, to administer oaths 

7 or affirmations, or to compel the attendance of wit8 nesses or the production of documentary or other 

9 evidence. 

10 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

11 COMMISSION.—If the Federal Trade Commission in12 stitutes a civil action or an administrative action 

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

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

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

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

17 against any defendant named in the complaint of the 

18 Commission for the violation with respect to which 

19 the Commission instituted such action. 

20 (5) VENUE; SERVICE OF PROCESS.— 

21 (A) VENUE.—Any action brought under 

22 paragraph (1) may be brought in any district 

23 court of the United States that meets applicable 

24 requirements relating to venue under section 

25 1391 of title 28, United States Code. 


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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. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Youth Sports Concussion 

23 Act’’. 

24 SEC. 2. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) scientific advancements and a greater under2 standing of the issues that affect the health and safety 

3 of young athletes are key to reducing sports-related 

4 concussions in youth; 

5 (2) the National Academies issued a report in 

6 2013 finding limited evidence that current helmet de7 signs reduce the risk of sports-related concussions and 

8 no evidence that mouthguards or facial protection re9 duce concussion risk, and recommending that the Na10 tional Institutes of Health and the Department of De11 fense fund research on biomechanical factors that in12 fluence injury risk in youth; 

13 (3) the Consumer Product Safety Commission 

14 should review the National Academies’ report and fu15 ture research in this area, including research as rec16 ommended by the National Academies, for any matter 

17 that may impact products under the Commission’s ju18 risdiction; 

19 (4) if protective equipment manufacturers choose 

20 to adopt voluntary consumer product safety stand21 ards, the voluntary standards should include mecha22 nisms to ensure substantial compliance by covered en23 tities; and 

24 (5) the Federal Trade Commission should review 

25 the National Academies’ report and future research in 


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1 this area, including research as recommended by the 

2 National Academies, for any matter that may inform 

3 efforts to protect consumers from unfair or deceptive 

4 practices in or affecting commerce. 

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

6 ATHLETIC SPORTING ACTIVITY EQUIPMENT. 

7 (a) UNLAWFUL ACTIVITY.—It is unlawful for any per8 son to sell, or offer for sale, in interstate commerce, or im9 port into the United States for the purpose of selling or 

10 offering for sale, any item or equipment intended, designed, 

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

12 sporting activity, whether professional or amateur, for 

13 which the seller or importer, or any person acting on behalf 

14 of the seller or importer, makes any deceptive claim with 

15 respect to the safety benefits of such item. 

16 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS17 SION.— 

18 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A violation of subsection (a) shall be treated 

20 as a violation of a rule under section 18 of the Fed21 eral Trade Commission Act (15 U.S.C. 57a) regard22 ing unfair or deceptive acts or practices. 

23 (2) POWERS OF FEDERAL TRADE COMMISSION.— 

24 (A) IN GENERAL.—The Federal Trade Com25 mission shall enforce this section in the same 


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

2 jurisdiction, powers, and duties as though all ap3 plicable terms and provisions of the Federal 

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

5 were incorporated into and made a part of this 

6 section. 

7 (B) REGULATIONS.—Notwithstanding any 

8 other provision of law, the Federal Trade Com9 mission may promulgate under section 553 of 

10 title 5, United States Code, such regulations as 

11 the Commission considers necessary or appro12 priate to carry out this section. 

13 (C) PRIVILEGES AND IMMUNITIES.—Any 

14 person who violates subsection (a) shall be sub15 ject to the penalties and entitled to the privileges 

16 and immunities provided in the Federal Trade 

17 Commission Act as though all applicable terms 

18 and provisions of the Federal Trade Commission 

19 Act (15 U.S.C. 41 et seq.) were incorporated and 

20 made part of this section. 

21 (D) AUTHORITY PRESERVED.—Nothing in 

22 this section shall be construed to limit the au23 thority of the Federal Trade Commission under 

24 any other provision of law. 

25 (c) ENFORCEMENT BY STATES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (4), in any case in which the attorney general 

3 of a State has reason to believe that an interest of the 

4 residents of the State has been or is threatened or ad5 versely affected by any person who violates subsection 

6 (a), the attorney general of the State, as parens 

7 patriae, may bring a civil action on behalf of the resi8 dents of the State in an appropriate district court of 

9 the United States to obtain appropriate injunctive re10 lief. 

11 (2) RIGHTS OF FEDERAL TRADE COMMISSION.— 

12 (A) NOTICE TO FEDERAL TRADE COMMIS13 SION.— 

14 (i) IN GENERAL.—Except as provided 

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

16 State shall notify the Federal Trade Com17 mission in writing that the attorney general 

18 intends to bring a civil action under para19 graph (1) before initiating the civil action. 

20 (ii) CONTENTS.—The notification re21 quired by clause (i) with respect to a civil 

22 action shall include a copy of the complaint 

23 to be filed to initiate the civil action. 

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

25 for the attorney general of a State to proVerDate Sep 11 2014 00:13 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S1014.RS S1014

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1 vide the notification required by clause (i) 

2 before initiating a civil action under para3 graph (1), the attorney general shall notify 

4 the Federal Trade Commission immediately 

5 upon instituting the civil action. 

6 (B) INTERVENTION BY FEDERAL TRADE

7 COMMISSION.—The Federal Trade Commission 

8 may— 

9 (i) intervene in any civil action 

10 brought by the attorney general of a State 

11 under paragraph (1); and 

12 (ii) upon intervening— 

13 (I) be heard on all matters arising 

14 in the civil action; and 

15 (II) file petitions for appeal. 

16 (3) INVESTIGATORY POWERS.—Nothing in this 

17 subsection shall be construed to prevent the attorney 

18 general of a State from exercising the powers con19 ferred on the attorney general by the laws of the State 

20 to conduct investigations, to administer oaths or affir21 mations, or to compel the attendance of witnesses or 

22 the production of documentary or other evidence. 

23 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

24 COMMISSION.—If the Federal Trade Commission in25 stitutes a civil action or an administrative action 


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

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

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

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

5 against any defendant named in the complaint of the 

6 Commission for the violation with respect to which 

7 the Commission instituted such action. 

8 (5) VENUE; SERVICE OF PROCESS.— 

9 (A) VENUE.—Any action brought under 

10 paragraph (1) may be brought in any district 

11 court of the United States that meets applicable 

12 requirements relating to venue under section 

13 1391 of title 28, United States Code. 

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

15 brought under paragraph (1), process may be 

16 served in any district in which the defendant— 

17 (i) is an inhabitant; or 

18 (ii) may be found. 

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

20 addition to a civil actions brought by attorneys gen21 eral under paragraph (1), any other consumer protec22 tion officer of a State who is authorized by the State 

23 to do so may bring a civil action under paragraph 

24 (1), subject to the same requirements and limitations 


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1 that apply under this subsection to civil actions 

2 brought by attorneys general. 


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Calendar No. 618 

113TH CONGRESS 

2D SESSION S. 1014 

A BILL 

To reduce sports-related concussions in youth, and 

D

for other purposes. 

ECEMBER 8, 2014 

Reported with an amendment 


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