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

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Youth Sports Concussion 
Act''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) the Consumer Product Safety Commission should 
        review the National Academies' report for any matter that may 
        impact products under the Commission's jurisdiction;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. THE NATIONAL ACADEMIES' REPORT ON SPORTS-RELATED 
              CONCUSSIONS IN YOUTH.</DELETED>

<DELETED>    (a) Review.--The Consumer Product Safety Commission--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) may make recommendations to protective 
        equipment manufacturers regarding whether voluntary standards 
        should be adopted--</DELETED>
                <DELETED>    (A) to reduce the risk of sports-related 
                injury for youth athletes wearing protective 
                equipment;</DELETED>
                <DELETED>    (B) to improve the safety of reconditioned 
                protective equipment; and</DELETED>
                <DELETED>    (C) to modify protective equipment warning 
                labels.</DELETED>
<DELETED>    (b) Safety Standards.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Net effect.--A rule issued under this 
        subsection must have the net effect of improving 
        safety.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC 
              SPORTING ACTIVITY EQUIPMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Enforcement by Federal Trade Commission.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Powers of federal trade commission.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Enforcement by States.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Rights of federal trade commission.--
        </DELETED>
                <DELETED>    (A) Notice to federal trade commission.--
                </DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Intervention by federal trade 
                commission.--The Federal Trade Commission may--
                </DELETED>
                        <DELETED>    (i) intervene in any civil action 
                        brought by the attorney general of a State 
                        under paragraph (1); and</DELETED>
                        <DELETED>    (ii) upon intervening--</DELETED>
                                <DELETED>    (I) be heard on all 
                                matters arising in the civil action; 
                                and</DELETED>
                                <DELETED>    (II) file petitions for 
                                appeal.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Venue; service of process.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Service of process.--In an action 
                brought under paragraph (1), process may be served in 
                any district in which the defendant--</DELETED>
                        <DELETED>    (i) is an inhabitant; or</DELETED>
                        <DELETED>    (ii) may be found.</DELETED>
        <DELETED>    (6) Actions by other state officials.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

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 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 protection reduce concussion risk, and recommending that 
        the National Institutes of Health and the Department of Defense 
        fund research on biomechanical factors that influence injury 
        risk in youth;
            (3) 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 
        Commission's jurisdiction;
            (4) if protective equipment manufacturers choose to adopt 
        voluntary consumer product safety standards, 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 and future research in this area, including 
        research as recommended by the National Academies, for any 
        matter 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, 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 deceptive 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.--In addition to a 
        civil actions brought by attorneys general under paragraph (1), 
        any other consumer protection 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.
                                                       Calendar No. 618

113th CONGRESS

  2d Session

                                S. 1014

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 8, 2014

                       Reported with an amendment