,,ii #aaith ,,congress #ast ,session ,s4 #baed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbe ,mr4 ,markey 7for himself1 ,mr4 ,murphy1 ,mr4 ,schumer1 ,mr4 ,durbin1 ,ms4 ,warren1 ,mr4 ,padilla1 ,mr4 ,reed1 ,mr4 ,kaine1 ,mr4 ,heinrich1 ,mr4 ,booker1 ,mr4 ,whitehouse1 ,mr4 ,welch1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to direct the ,federal ,trade ,commission to prescribe rules prohibiting the marketing of firearms to minors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,kids from ,gun ,marketing ,act4 #b4 ,prohibition of marketing firearms to minors 7a7 ,conduct prohibited 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 promulgate rules to prohibit any manufacturer1 dealer1 or importer1 or agent thereof1 from marketing or advertising a firearm or any firearm-related product to a minor in a manner that is designed1 intended1 or reasonably appears to be attractive to a minor4 7#b7 ,considerations ,in determining whether any marketing or advertising reasonably appears to be attractive to a minor for purposes of paragraph 7#a71 the ,commission shall consider the totality of the circumstances1 including whether such marketing or advertising does any of the following3 7,a7 ,uses any cartoon character1 any caricature1 or any meme that reasonably appears to be a minor1 or intended to appeal to minors1 to promote any firearm or firearm-related product4 7,b7 ,offers to minors any brand name merchandise of a manufacturer1 dealer1 or importer 7including any hat1 ,t-shirt1 other clothing1 toy1 game1 or stuffed animal7 that promotes a firearm or firearm-related product4 7,c7 ,offers any firearm or firearm-related product with features1 sizes1 or designs that are specifically designed to be used by1 or appeal to1 minors4 7,d7 ,uses any image or depiction of a minor to depict the use or handling of a firearm or firearm-related product4 7,e7 ,is intended to reach an audience that is predominately composed of minors and not intended for a more general audience composed of adults4 7,f7 ,offers any firearm or firearm-related product as a gift to a minor in order to promote or advertise any firearm or firearm-related product of a manufacturer1 dealer1 or importer4 7,g7 ,promotes the contracts of the manufacturer1 dealer1 or importer with the ,federal ,government or ,united ,states ,armed ,forces to imply an affiliation or endorsement of the manufacturer1 dealer1 or importer's firearms or firearm-related products4 7b7 ,enforcement 7#a7 ,enforcement by the ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of a rule promulgated under subsection 7a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7,b7 ,powers of the ,commission 7i7 ,in general ,the ,commission shall enforce the rules promulgated under subsection 7a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7ii7 ,privileges and immunities ,any person who violates a rule promulgated under subsection 7a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7iii7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7iv7 ,rulemaking ,the ,commission shall promulgate1 in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 7#b7 ,enforcement by ,state ,attorneys ,general 7,a7 ,in general 7i7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in an act or practice that violates a rule promulgated under subsection 7a71 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a ,federal court of appropriate jurisdiction to-- 7,i7 enjoin that act or practice2 7,,ii7 enforce compliance with such rule2 7,,iii7 on behalf of residents of the ,state1 obtain damages1 restitution1 or other compensation2 or 7,,iv7 obtain such other legal or equitable relief as the court may consider to be appropriate4 7ii7 ,notice 7,i7 ,in general ,before filing an action under clause 7i71 the attorney general of the ,state involved shall provide to the ,commission-- 7aa7 written notice of that action2 and 7bb7 a copy of the complaint for that action4 7,,ii7 ,exemption 7aa7 ,in general ,subclause 7,i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this subparagraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that subclause before the filing of the action4 7bb7 ,notification ,in an action described in item 7aa71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7,b7 ,intervention 7i7 ,in general ,on receiving notice under subparagraph 7,a77ii71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7ii7 ,effect of intervention ,if the ,commission intervenes in an action under clause 7i71 it shall have the right-- 7,i7 to be heard with respect to any matter that arises in that action2 and 7,,ii7 to file a petition for appeal4 7,c7 ,limitation on state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under subparagraph 7,a7 during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this ,act alleged in the complaint4 7,d7 ,rule of construction ,for purposes of bringing a civil action under subparagraph 7,a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7i7 conduct investigations2 7ii7 administer oaths or affirmations2 or 7iii7 compel the attendance of witnesses or the production of documentary and other evidence4 7#c7 ,private right of action 7,a7 ,in general ,any individual alleging a violation of a rule promulgated under subsection 7a7 may bring a civil action in any ,federal court of competent jurisdiction4 7,b7 ,relief ,in a civil action brought under subparagraph 7,a7 in which the plaintiff prevails1 the court may award-- 7i7 compensatory or punitive damages2 7ii7 reasonable attorney's fees1 reasonable expert witness fees1 and litigation costs2 and 7iii7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 7,c7 ,injury in fact ,any individual injured as the foreseeable consequence of a violation of a rule promulgated under subsection 7a7 constitutes a concrete and particularized injury in fact to that individual4 7c7 ,reports 7#a7 ,report on plan for enforcement2 business and consumer education ,not later than #fj days after the date on which the ,commission issues a final rule under subsection 7a77#a71 the ,commission shall-- 7,a7 submit to ,congress a report detailing a plan to enforce such rule 7but not including any information on the investigative techniques of the ,commission72 and 7,b7 issue business and consumer education about this ,act and such rule in order to inform the marketplace about how to comply with such rule4 7#b7 ,biennial report ,beginning on the date that is #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,commission shall submit to ,congress a report that includes1 with respect to the previous year1 a description of-- 7,a7 any enforcement action taken by the ,commission under this ,act or a rule promulgated thereunder2 and 7,b7 the outcome of any such action4 7d7 ,severability ,if any provision of this ,act is determined to be unenforceable or invalid1 the remaining provisions of this ,act shall not be affected4 7e7 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,dealer2 firearm2 importer2 manufacturer ,the terms dealer1 firearm1 importer1 and manufacturer have the meaning given those terms in section #iba of title #ah1 ,united ,states ,code4 7#c7 ,firearm accessory ,the term firearm accessory means an attachment or device designed or adapted to be inserted into1 affixed onto1 or used in conjunction with1 a firearm which is designed1 intended1 or functions to alter or enhance the firing capabilities of the firearm1 the lethality of the firearm1 or a shooter's ability to hold1 carry1 or use the firearm4 7#d7 ,firearm-related product ,the term firearm-related product means a firearm1 ammunition1 reloaded ammunition1 a firearm precursor part1 a firearm component1 or a firearm accessory4 7#e7 ,minor ,the term minor means an individual that is less than #ah years of age4