Youth Sports Concussion Act - Expresses the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions in youth, and future research in this area, for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers.
Makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such item.
Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.
Sets forth the enforcement authority of the FTC. Authorizes the FTC to promulgate regulations to carry out this Act.
Authorizes states to bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. Allows the FTC to intervene and appeal in state actions.
[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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 618.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-310.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-310.
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