II 

113TH CONGRESS 

1ST 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 and Mr. ROCKEFELLER) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

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. 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 


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

3 (2) the National Academies should complete, 

4 and make available to the public, its report on 

5 sports-related concussions in youth not later than 

6 January 31, 2014; 

7 (3) the Consumer Product Safety Commission 

8 should review the National Academies’ report for 

9 any matter that may impact products under the 

10 Commission’s jurisdiction; 

11 (4) if protective equipment manufacturers 

12 choose to adopt voluntary consumer product safety 

13 standards based on the National Academies’ report 

14 and any related Consumer Product Safety Commis15 sion recommendations, the voluntary standards 

16 should include mechanisms to ensure substantial 

17 compliance by covered entities; and 

18 (5) the Federal Trade Commission should re19 view the National Academies’ report for any matter 

20 that may inform efforts to protect consumers from 

21 unfair or deceptive practices in or affecting com22 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. 

Æ 


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