[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1014 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Sports Concussion Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) scientific advancements and a greater understanding of 
        the issues that affect the health and safety of young athletes 
        are key to reducing sports-related concussions in youth;
            (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 Commission recommendations, the voluntary standards 
        should include mechanisms to ensure substantial compliance by 
        covered entities; and
            (5) the Federal Trade Commission should review the National 
        Academies' report for any matter that may inform efforts to 
        protect consumers from unfair or deceptive practices in or 
        affecting commerce.

SEC. 3. THE NATIONAL ACADEMIES' REPORT ON SPORTS-RELATED CONCUSSIONS IN 
              YOUTH.

    (a) Review.--The Consumer Product Safety Commission--
            (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 voluntary standards should be 
        adopted--
                    (A) to reduce the risk of sports-related injury for 
                youth athletes wearing protective equipment;
                    (B) to improve the safety of reconditioned 
                protective equipment; and
                    (C) to modify protective equipment warning labels.
    (b) Safety Standards.--
            (1) Lead time for a voluntary standard.--If, not later than 
        1 year after the completion of the National Academies' report, 
        no voluntary standard is adopted based on the National 
        Academies' report and any related Consumer Product Safety 
        Commission recommendations, the Consumer Product Safety 
        Commission may initiate a proceeding to promulgate a consumer 
        product safety rule in accordance with section 553 of title 5, 
        United States Code.
            (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 Product 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, designed, 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 misleading claim 
with respect to the safety benefits of such item.
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) shall be treated as a violation of a rule under 
        section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) 
        regarding unfair or deceptive acts or practices.
            (2) Powers of federal trade commission.--
                    (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 Federal 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 Commission may 
                promulgate under section 553 of title 5, United States 
                Code, such regulations as the Commission considers 
                necessary or appropriate to carry out this section.
                    (C) Privileges and immunities.--Any person who 
                violates subsection (a) shall be subject to the 
                penalties and entitled to the privileges 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 
                incorporated and made part of this section.
                    (D) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Federal Trade Commission under any other provision of 
                law.
    (c) Enforcement by States.--
            (1) In general.--Except as provided in paragraph (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 subsection (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 injunctive relief.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Federal Trade Commission in 
                        writing that the attorney general intends to 
                        bring a civil action under paragraph (1) before 
                        initiating the civil action.
                            (ii) Contents.--The notification required 
                        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 provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the Federal 
                        Trade Commission immediately 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 arising 
                                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 conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Preemptive action by federal trade commission.--If the 
        Federal Trade Commission institutes 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.
            (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 authorized 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.
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