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
To reduce sports-related concussions in youth, and for other purposes.
This Act may be cited as
Youth Sports Concussion
Sense of Congress
It is the sense of Congress that—
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;
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;
the Consumer Product Safety Commission should review the National Academies' report for any matter that may impact products under the Commission's jurisdiction;
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
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.
The National Academies' report on sports-related concussions in youth
The Consumer Product Safety Commission—
shall review the National Academies' report on sports-related concussion in youth not later than 5 months after the completion of such report; and
may make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted—
to reduce the risk of sports-related injury for youth athletes wearing protective equipment;
to improve the safety of reconditioned protective equipment; and
to modify protective equipment warning labels.
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.
A rule issued under this subsection must have the net effect of improving safety.
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).
False or misleading claims with respect to athletic sporting activity equipment
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.
Enforcement by Federal Trade Commission
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.
Powers of Federal Trade Commission
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.
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.
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.
Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
Enforcement by States
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.
Rights of Federal Trade Commission
Notice to Federal Trade Commission
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.
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.
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.
Intervention by Federal Trade Commission
The Federal Trade Commission may—
intervene in any civil action brought by the attorney general of a State under paragraph (1); and
be heard on all matters arising in the civil action; and
file petitions for appeal.
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.
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.
Venue; service of process
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.
Service of process
In an action brought under paragraph (1), process may be served in any district in which the defendant—
is an inhabitant; or
may be found.
Actions by other State officials
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.
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.