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. 
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’’. 
SEC. 2. FINDINGS AND SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Scientific advancements and a greater un-
derstanding of the issues that affect the health and 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
safety of young athletes are key to reducing sports- 
related concussions in youth. 
(2) The National Academies issued a report in 
2013 finding limited evidence that current helmet 
designs reduce the risk of sports-related concussions 
and no evidence that mouthguards or facial protec-
tion reduce concussion risk, and recommending that 
the National Institutes of Health and the Depart-
ment of Defense fund research on biomechanical fac-
tors that influence injury risk in youth. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Consumer Product Safety Commission 
should review the National Academies’ report and 
future research in this area, including research as 
recommended by the National Academies, for any 
matter that may impact products under the Com-
mission’s jurisdiction; 
(2) if protective equipment manufacturers 
choose to adopt voluntary consumer product safety 
standards, the voluntary standards should include 
mechanisms to ensure substantial compliance by cov-
ered entities; and 
(3) the Federal Trade Commission should re-
view the National Academies’ report and future re-
VerDate Sep 11 2014 
05:06 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
search in this area, including research as rec-
ommended by the National Academies, for any mat-
ter that may inform efforts to protect consumers 
from unfair or deceptive practices in or affecting 
commerce. 
SEC. 3. 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 deceptive 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-
eral Trade Commission Act (15 U.S.C. 57a) regard-
ing unfair or deceptive acts or practices. 
(2) POWERS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
(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 
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-
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
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-
eral intends to bring a civil action under 
paragraph (1) before initiating the civil ac-
tion. 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
(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. 
(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 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS
(6) ACTIONS BY OTHER STATE OFFICIALS.—In 
addition to a civil actions brought by attorneys gen-
eral under paragraph (1), any other consumer pro-
tection officer of a State who is authorized by the 
State to do so may bring a civil action under para-
graph (1), subject to the same requirements and 
limitations that apply under this subsection to civil 
actions brought by attorneys general. 
Æ 
VerDate Sep 11 2014 
02:00 Feb 06, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H4460.IH
H4460
SSpencer on DSK4SPTVN1PROD with BILLS