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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Youth Sports Concus-
sion Act of 2013’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) scientific advancements and a greater un-
derstanding of the issues that affect the health and 
safety of young athletes are key to reducing sports- 
related concussions in youth; 
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(2) the National Academies should complete, 
and make available to the public, its report on 
sports-related concussions in youth not later than 
January 31, 2014; 
(3) the Consumer Product Safety Commission 
should review the National Academies’ report for 
any matter that may impact products under the 
Commission’s jurisdiction; 
(4) if protective equipment manufacturers 
choose to adopt voluntary consumer product safety 
standards based on the National Academies’ report 
and any related Consumer Product Safety Commis-
sion recommendations, the voluntary standards 
should include mechanisms to ensure substantial 
compliance by covered entities; and 
(5) the Federal Trade Commission should re-
view the National Academies’ report for any matter 
that may inform efforts to protect consumers from 
unfair or deceptive practices in or affecting com-
merce. 
SEC. 3. THE NATIONAL ACADEMIES’ REPORT ON SPORTS- 
RELATED CONCUSSIONS IN YOUTH. 
(a) REVIEW.—The Consumer Product Safety Com-
mission— 
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(1) shall review the National Academies’ report 
on sports-related concussion in youth not later than 
5 months after the completion of such report; and 
(2) may make recommendations to protective 
equipment manufacturers regarding whether vol-
untary standards should be adopted— 
(A) to reduce the risk of sports-related in-
jury for youth athletes wearing protective 
equipment; 
(B) to improve the safety of reconditioned 
protective equipment; and 
(C) to modify protective equipment warn-
ing labels. 
(b) SAFETY STANDARDS.— 
(1) LEAD
TIME
FOR
A
VOLUNTARY
STAND-
ARD.—If, not later than 1 year after the completion 
of the National Academies’ report, no voluntary 
standard is adopted based on the National Acad-
emies’ report and any related Consumer Product 
Safety Commission recommendations, the Consumer 
Product Safety Commission may initiate a pro-
ceeding to promulgate a consumer product safety 
rule in accordance with section 553 of title 5, United 
States Code. 
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(2) NET
EFFECT.—A rule issued under this 
subsection must have the net effect of improving 
safety. 
(3) CONFORMITY WITH EXISTING LAW.—A rule 
issued under this subsection shall be considered a 
consumer product safety standard issued by the 
Commission under section 9 of the Consumer Prod-
uct Safety Act (15 U.S.C. 2058). 
SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO 
ATHLETIC SPORTING ACTIVITY EQUIPMENT. 
(a) UNLAWFUL ACTIVITY.—It is unlawful for any 
person to sell, or offer for sale, in interstate commerce, 
or import into the United States for the purpose of selling 
or offering for sale, any item or equipment intended, de-
signed, or offered for use by an individual engaged in any 
athletic sporting activity, whether professional or amateur, 
for which the seller or importer, or any person acting on 
behalf of the seller or importer, makes any false or mis-
leading claim with respect to the safety benefits of such 
item. 
(b) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) shall be treated 
as a violation of a rule under section 18 of the Fed-
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eral Trade Commission Act (15 U.S.C. 57a) regard-
ing unfair or deceptive acts or practices. 
(2) POWERS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) IN
GENERAL.—The Federal Trade 
Commission shall enforce this section in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of 
this section. 
(B) REGULATIONS.—Notwithstanding any 
other provision of law, the Federal Trade Com-
mission may promulgate under section 553 of 
title 5, United States Code, such regulations as 
the Commission considers necessary or appro-
priate to carry out this section. 
(C) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates subsection (a) shall be sub-
ject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act as though all applicable 
terms and provisions of the Federal Trade 
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Commission Act (15 U.S.C. 41 et seq.) were in-
corporated and made part of this section. 
(D) AUTHORITY PRESERVED.—Nothing in 
this section shall be construed to limit the au-
thority of the Federal Trade Commission under 
any other provision of law. 
(c) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), in any case in which the attorney general 
of a State has reason to believe that an interest of 
the residents of the State has been or is threatened 
or adversely affected by any person who violates sub-
section (a), the attorney general of the State, as 
parens patriae, may bring a civil action on behalf of 
the residents of the State in an appropriate district 
court of the United States to obtain appropriate in-
junctive relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Federal Trade Com-
mission in writing that the attorney gen-
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eral intends to bring a civil action under 
paragraph (1) before initiating the civil ac-
tion. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Federal Trade Commission imme-
diately upon instituting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Federal Trade Commission 
may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal. 
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(3) INVESTIGATORY POWERS.—Nothing in this 
subsection shall be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (a) or a rule 
promulgated under subsection (b)(2)(B) the attorney 
general of a State may not, during the pendency of 
that action, bring a civil action under paragraph (1) 
against any defendant named in the complaint of the 
Commission for the violation with respect to which 
the Commission instituted such action. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in any district 
court of the United States that meets applicable 
requirements relating to venue under section 
1391 of title 28, United States Code. 
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(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to a civil 
actions brought by attorneys general under 
paragraph (1), any other officer of a State who 
is authorized by the State to do so may bring 
a civil action under paragraph (1), subject to 
the same requirements and limitations that 
apply under this subsection to civil actions 
brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
Æ 
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