II 

117TH CONGRESS 

2D SESSION S. 4056 

To promote youth athletic safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To promote youth athletic safety, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Athletes, 

5 Families and Educators to Protect the Lives of Athletic 

6 Youth Act’’ or the ‘‘SAFE PLAY Act’’. 


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1 SEC. 2. EDUCATION, AWARENESS, AND TRAINING FOR PEDI2 ATRIC CARDIAC CONDITIONS TO INCREASE 

3 EARLIER DIAGNOSIS AND PREVENT SUDDEN 

4 CARDIAC DEATH. 

5 Part P of title III of the Public Health Service Act 

6 (42 U.S.C. 280g et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘SEC. 399V–7. MATERIALS AND EDUCATIONAL RESOURCES 

9 TO INCREASE AWARENESS OF CARDIO10 MYOPATHY AND OTHER HIGH-RISK CHILD11 HOOD CARDIAC CONDITIONS AMONG 

12 SCHOOL ADMINISTRATORS, EDUCATORS, 

13 SCHOOL HEALTH PROFESSIONALS, COACHES, 

14 STUDENTS, AND FAMILIES. 

15 ‘‘(a) MATERIALS AND RESOURCES.—Not later than 

16 12 months after the date of enactment of the SAFE 

17 PLAY Act, the Secretary, acting through the Director of 

18 the Centers for Disease Control and Prevention (referred 

19 to in this section as the ‘Director’) and in consultation 

20 with national patient advocacy and health organizations 

21 with expertise in cardiac health and all forms of pediatric 

22 cardiomyopathy, shall develop educational materials and 

23 resources to be disseminated to school administrators, 

24 educators, school health professionals, coaches, students, 

25 families, and other appropriate individuals. The materials 

26 and resources shall include— 


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1 ‘‘(1) information on the signs, symptoms, and 

2 risk factors associated with high risk cardiac condi3 tions and genetic heart rhythm abnormalities that 

4 may cause sudden cardiac arrest in children, adoles5 cents, and young adults, including— 

6 ‘‘(A) cardiomyopathy; 

7 ‘‘(B) long QT syndrome, Brugada syn8 drome, catecholaminergic polymorphic ventric9 ular tachycardia, short QT syndrome, Wolff10 Parkinson-White syndrome; and 

11 ‘‘(C) other high-risk cardiac conditions, as 

12 determined by the Secretary; 

13 ‘‘(2) sudden cardiac arrest risk assessment 

14 worksheets to help identify higher risk children and 

15 adolescents with possible life-threatening cardiac 

16 conditions who may need additional medical screen17 ing and treatment; 

18 ‘‘(3) guidelines and training materials for 

19 schools, childcare centers, and local youth athletic 

20 organizations to handle cardiac emergencies, cov21 ering cardiopulmonary resuscitation (referred to in 

22 this section and section 399V–8 as ‘CPR’) and ways 

23 to obtain certification on CPR delivery; 

24 ‘‘(4) guidelines and training materials for 

25 schools, childcare centers, and local youth athletic 


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1 organizations to handle cardiac emergencies, on the 

2 proper placement, usage, and maintenance of auto3 matic external defibrillators (referred to in this sec4 tion and section 399V–8 as ‘AED’) and ways to ob5 tain certification on AED usage; and 

6 ‘‘(5) recommendations on developing and imple7 menting a cardiac emergency response plan at 

8 schools, childcare centers, and local youth athletic 

9 organizations, including recommendations on how 

10 local educational agencies (as defined in section 

11 8101 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 7801)) can apply such re13 sponse plans to students enrolled in public schools 

14 served by such local educational agencies. 

15 ‘‘(b) DEVELOPMENT OF MATERIALS AND RE16 SOURCES.—The Secretary, acting through the Director, 

17 shall develop and update, as necessary and appropriate, 

18 the materials and resources described in subsection (a) 

19 and, in support of such effort, the Secretary is encouraged 

20 to establish an advisory panel that includes the following 

21 members: 

22 ‘‘(1) Representatives from national patient ad23 vocacy organizations, including— 

24 ‘‘(A) not less than 1 organization dedicated 

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1 ness of all forms of pediatric cardiac cardio2 myopathy; 

3 ‘‘(B) not less than 1 organization dedi4 cated to research, and education, and awareness 

5 of high-risk cardiac conditions and genetic 

6 heart rhythm abnormalities; 

7 ‘‘(C) not less than 1 organization dedicated 

8 to school-based wellness; 

9 ‘‘(D) not less than 1 organization dedi10 cated to advocacy and support for individuals 

11 with cognitive impairments or developmental 

12 disabilities; and 

13 ‘‘(E) not less than 1 organization dedi14 cated to addressing minority health disparities. 

15 ‘‘(2) Representatives of medical and health care 

16 professional societies, including pediatrics, cardi17 ology, emergency medicine, and sports medicine. 

18 ‘‘(3) A representative of the Centers for Disease 

19 Control and Prevention. 

20 ‘‘(4) Representatives of other relevant Federal 

21 agencies, including the Department of Education 

22 and the National Institutes of Health. 

23 ‘‘(5) Representatives of schools, such as admin24 istrators, educators, sports coaches, and nurses. 


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1 ‘‘(c) DISSEMINATION OF MATERIALS AND RE2 SOURCES.—Not later than 24 months after the date of 

3 enactment of the SAFE PLAY Act, the Secretary, acting 

4 through the Director, shall disseminate the materials and 

5 resources described in subsection (a) in accordance with 

6 the following: 

7 ‘‘(1) DISTRIBUTION BY LOCAL EDUCATIONAL

8 AGENCIES.—The Secretary shall make available such 

9 materials and resources to local educational agencies 

10 (as defined in section 8101 of the Elementary and 

11 Secondary Education Act of 1965 (20 U.S.C. 7801)) 

12 to distribute— 

13 ‘‘(A) to school administrators, educators, 

14 school health professionals, coaches, students, 

15 and parents, guardians, or other caregivers, in16 formation on the signs, symptoms, and risk fac17 tors of high-risk cardiac conditions; 

18 ‘‘(B) to parents, guardians, or other care19 givers, the cardiomyopathy and sudden cardiac 

20 arrest risk assessment worksheets described in 

21 subsection (a)(2); 

22 ‘‘(C) to school administrators, school 

23 health professionals, and coaches— 

24 ‘‘(i) the information and training ma25 terials described in subsection (a)(3); and 


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1 ‘‘(ii) the guidelines and training mate2 rials described in subsection (a)(4); and 

3 ‘‘(D) to school administrators, educators, 

4 school health professionals, coaches, and youth 

5 sports organizations, the recommendations de6 scribed in subsection (a)(5). 

7 ‘‘(2) DISSEMINATION TO HEALTH DEPART8 MENTS AND PROFESSIONALS.—The Secretary shall 

9 make available such materials and resources to State 

10 and local health departments. 

11 ‘‘(3) DISSEMINATION OF INFORMATION

12 THROUGH THE INTERNET.— 

13 ‘‘(A) CDC.— 

14 ‘‘(i) IN GENERAL.—The Secretary, 

15 acting through the Director, shall post the 

16 materials and resources developed under 

17 subsection (a) on the public Internet 

18 website of the Centers for Disease Control 

19 and Prevention. 

20 ‘‘(ii) MAINTENANCE OF INFORMA21 TION.—The Director shall maintain and 

22 update when necessary such materials and 

23 resources developed under subsection (a) 

24 on the public Internet website to ensure 


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1 such information reflects the latest stand2 ards. 

3 ‘‘(B) STATE EDUCATIONAL AGENCIES.— 

4 State educational agencies are encouraged to 

5 work with State Health Departments to create 

6 Internet webpages to disseminate the materials 

7 and resources developed under subsection (a) to 

8 the general public, with an emphasis on tar9 geting students and their families. 

10 ‘‘(4) ACCESSIBILITY OF INFORMATION.—The 

11 information regarding the materials and resources 

12 developed under subsection (a) shall be made avail13 able in a format and in a manner that is readily ac14 cessible to individuals with cognitive and sensory im15 pairments. 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) SCHOOL ADMINISTRATORS.—The term 

18 ‘school administrator’ means a principal, director, 

19 manager, or other supervisor or leader within an ele20 mentary school or secondary school (as such terms 

21 are defined under section 8101 of the Elementary 

22 and Secondary Education Act of 1965 (20 U.S.C. 

23 7801)), State-based early education program, or 

24 childcare center. 


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1 ‘‘(2) SCHOOLS.—The term ‘school’ means an 

2 early education program, childcare center, or ele3 mentary school or secondary school (as such terms 

4 are so defined) that is not an Internet- or computer5 based community school. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for fiscal years 2023 

9 through 2028. 

10 ‘‘SEC. 399V–8. GRANTS TO PROVIDE FOR CPR AND AED 

11 TRAINING AND PURCHASE OF AED EQUIP12 MENT FOR PUBLIC CHILDCARE CENTERS, EL13 EMENTARY, MIDDLE, AND SECONDARY 

14 SCHOOLS. 

15 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Sec16 retary, in consultation with the Secretary of Education, 

17 shall award grants to eligible local educational agencies— 

18 ‘‘(1) to enable such local educational agencies 

19 to purchase AEDs and offer CPR and AED training 

20 courses that are nationally certified; or 

21 ‘‘(2) to enable such local educational agencies 

22 to award funding to eligible schools that are served 

23 by the local educational agency to purchase and 

24 maintain AEDs and offer CPR and AED training 

25 courses that are nationally certified. 


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1 ‘‘(b) USE OF FUNDS.—An eligible local educational 

2 agency receiving a grant under this section, or an eligible 

3 school receiving grant funds under this section through 

4 an eligible local educational agency, shall use the grant 

5 funds— 

6 ‘‘(1) to pay a nationally recognized training or7 ganization, such as the American Heart Association, 

8 the American Red Cross, or the National Safety 

9 Council, for instruction, materials, and equipment 

10 expenses associated with CPR and AED training in 

11 accordance with the materials and resources devel12 oped under section 399V–7(a)(3); or 

13 ‘‘(2) if the local educational agency or an eligi14 ble school served by such agency meets the condi15 tions described under subsection (c)(2), to purchase 

16 AED devices for eligible schools and pay the costs 

17 associated with obtaining the certifications necessary 

18 to meet the guidelines established in section 399V– 

19 7(a)(4). 

20 ‘‘(c) GRANT ELIGIBILITY.— 

21 ‘‘(1) APPLICATION.—To be eligible to receive a 

22 grant under this section, a local educational agency 

23 shall submit an application to the Secretary at such 

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1 tion and certifications as such Secretary may rea2 sonably require. 

3 ‘‘(2) AED ALLOCATION AND TRAINING.—To be 

4 eligible for grant funding to purchase AED devices 

5 as described in subsection (b)(2), an eligible local 

6 educational agency shall demonstrate to the Sec7 retary that such local educational agency or an eligi8 ble school served by such agency has or intends to 

9 implement a CPR and AED training program and 

10 has or intends to implement an emergency cardiac 

11 response plan as of the date of the submission of the 

12 grant application. 

13 ‘‘(d) PRIORITY OF AWARD.—The Secretary shall 

14 award grants under this section to eligible local edu15 cational agencies based on 1 or more of the following pri16 orities: 

17 ‘‘(1) A demonstrated need for a CPR or AED 

18 training program in an eligible school or a commu19 nity served by an eligible school, which may in20 clude— 

21 ‘‘(A) schools that do not already have an 

22 automated AED on school grounds; 

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1 ing a typical day, as determined by the Sec2 retary; 

3 ‘‘(C) schools for which the average time re4 quired for emergency medical services (as de5 fined in section 330J(e)) to reach the school is 

6 greater than the average time required for 

7 emergency medical services to reach other pub8 lic facilities in the community; and 

9 ‘‘(D) schools that have not received funds 

10 under the Rural Access to Emergency Devices 

11 Act (42 U.S.C. 254c note). 

12 ‘‘(2) A demonstrated need for continued sup13 port of an existing CPR or AED training program 

14 in an eligible school or a community served by an el15 igible school. 

16 ‘‘(3) A demonstrated need for expanding an ex17 isting CPR or AED training program by adding 

18 training in the implementation of an emergency car19 diac response plan. 

20 ‘‘(4) Previously identified opportunities to en21 courage and foster partnerships with and among 

22 community organizations, including emergency med23 ical service providers, fire and police departments, 

24 nonprofit organizations, public health organizations, 

25 parent-teacher associations, and local and regional 


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1 youth sports organizations to aid in providing train2 ing in both CPR and AED usage and in obtaining 

3 AED equipment. 

4 ‘‘(e) MATCHING FUNDS REQUIRED.— 

5 ‘‘(1) IN GENERAL.—To be eligible to receive a 

6 grant under this section, an eligible local educational 

7 agency shall provide matching funds from non-Fed8 eral sources in an amount equal to not less than 25 

9 percent of the total grant amount. 

10 ‘‘(2) WAIVER.—The Secretary may waive the 

11 requirement of paragraph (1) for an eligible local 

12 educational agency if the number of children counted 

13 under section 1124(c)(1)(A) of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 

15 6333(c)(1)(A)) for the local educational agency is 20 

16 percent or more of the total number of children aged 

17 5 to 17, inclusive, served by the eligible local edu18 cational agency. 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGEN21 CY.—The term ‘eligible local educational agency’ 

22 means a local educational agency, as defined in sec23 tion 8101 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7801), that has es25 tablished a plan to follow the guidelines and carry 


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1 out the recommendations described under section 

2 399V–7(a) regarding cardiac emergencies. 

3 ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible 

4 school’ means a public elementary, middle, or sec5 ondary school, including any public charter school 

6 that is considered a local educational agency under 

7 State law, and which is not an Internet- or com8 puter-based community school. 

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 such sums as may be necessary for each of the fiscal years 

12 2023 through 2028. 

13 ‘‘SEC. 399V–9. REQUIREMENT TO INCLUDE CARDIAC CONDI14 TIONS IN EXISTING RESEARCH AND INVES15 TIGATIONS. 

16 ‘‘The Director of the Centers for Disease Control and 

17 Prevention shall develop data collection methods, to be in18 cluded in the School Health Policies and Practices Survey, 

19 to determine the degree to which school administrators, 

20 educators, school health professionals, coaches, students, 

21 families, and other appropriate individuals have an under22 standing of cardiac issues described in section 399V–7. 

23 Such data collection methods shall be designed to collect 

24 information about— 


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1 ‘‘(1) the ability to accurately identify early 

2 symptoms of a cardiac condition, such as cardio3 myopathy leading to cardiac arrest, and sudden car4 diac death; 

5 ‘‘(2) the dissemination of training described in 

6 section 399V–7(a)(3) regarding the proper perform7 ance of cardiopulmonary resuscitation; and 

8 ‘‘(3) the dissemination of guidelines and train9 ing described in section 399V–7(a)(4) regarding the 

10 placement and use of automatic external 

11 defibrillators.’’. 

12 SEC. 3. PREVENTION AND TREATMENT OF YOUTH ATHLETE 

13 CONCUSSIONS. 

14 Title VIII of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended 

16 by adding at the end the following: 

17 ‘‘PART H—YOUTH ATHLETIC SAFETY 

18 ‘‘Subpart 1—State Requirements for the Prevention 

19 and Treatment of Concussions 

20 ‘‘SEC. 8701. MINIMUM STATE REQUIREMENTS. 

21 ‘‘(a) IN GENERAL.—Beginning for fiscal year 2023, 

22 as a condition of receiving funds under this Act for a fiscal 

23 year, a State shall, not later than July 1 of the preceding 

24 fiscal year, certify to the Secretary in accordance with sub25 section (b) that the State has in effect and is enforcing 


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1 a law or regulation that, at a minimum, establishes the 

2 following requirements: 

3 ‘‘(1) LOCAL EDUCATIONAL AGENCY CONCUS4 SION SAFETY AND MANAGEMENT PLAN.—Each local 

5 educational agency in the State (including each pub6 lic charter school that is considered a local edu7 cational agency under State law), in consultation 

8 with members of the community in which the local 

9 educational agency is located, and taking into con10 sideration the guidelines of the Centers for Disease 

11 Control and Prevention’s Pediatric Mild Traumatic 

12 Brain Injury Guideline Workgroup, shall develop 

13 and implement a standard plan for concussion safety 

14 and management for public schools served by the 

15 local educational agency that includes— 

16 ‘‘(A) the education of students, school ad17 ministrators, educators, coaches, youth sports 

18 organizations, parents, and school personnel 

19 about concussions, including— 

20 ‘‘(i) training of school personnel on 

21 evidence-based concussion safety and man22 agement, including prevention, recognition, 

23 risk, academic consequences, and response 

24 for both initial and any subsequent concus25 sions; and 


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1 ‘‘(ii) using, maintaining, and dissemi2 nating to students and parents release 

3 forms, treatment plans, observation, moni4 toring, and reporting forms, recordkeeping 

5 forms, and post-injury and prevention fact 

6 sheets about concussions; 

7 ‘‘(B) supports for each student recovering 

8 from a concussion, including— 

9 ‘‘(i) guiding the student in resuming 

10 participation in school-sponsored athletic 

11 activities and academic activities with the 

12 help of a multidisciplinary concussion man13 agement team, which shall include— 

14 ‘‘(I) a health care professional, 

15 the parents of such student, and other 

16 relevant school personnel; and 

17 ‘‘(II) an individual who is as18 signed by the public school in which 

19 the student is enrolled to oversee and 

20 manage the recovery of the student; 

21 ‘‘(ii) providing appropriate academic 

22 accommodations aimed at progressively re23 introducing cognitive demands on such stu24 dent; and 


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1 ‘‘(iii) if the student’s symptoms of 

2 concussion persist for a substantial period 

3 of time— 

4 ‘‘(I) evaluating the student in ac5 cordance with section 614 of the Indi6 viduals with Disabilities Education 

7 Act (20 U.S.C. 1414) to determine 

8 whether the student is eligible for 

9 services under part B of such Act (20 

10 U.S.C. 1411 et seq.); or 

11 ‘‘(II) evaluating whether the stu12 dent is eligible for services under sec13 tion 504 of the Rehabilitation Act of 

14 1973 (29 U.S.C. 794); and 

15 ‘‘(C) best practices, as defined by national 

16 neurological medical specialty and sports health 

17 organizations, designed to ensure, with respect 

18 to concussions, the uniformity of safety stand19 ards, treatment, and management, including— 

20 ‘‘(i) disseminating information on con21 cussion safety and management to the 

22 public; and 

23 ‘‘(ii) applying best practice and uni24 form standards for concussion safety and 

25 management to all students enrolled in the 


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1 public schools served by the local edu2 cational agency. 

3 ‘‘(2) POSTING OF INFORMATION ON CONCUS4 SIONS.—Each public school in the State shall post 

5 on school grounds, in a manner that is visible to stu6 dents and school personnel, and make publicly avail7 able on the school website, information on concus8 sions that— 

9 ‘‘(A) is based on peer-reviewed scientific 

10 evidence or consensus (such as information 

11 made available by the Centers for Disease Con12 trol and Prevention); 

13 ‘‘(B) shall include— 

14 ‘‘(i) the risks posed by sustaining a 

15 concussion or multiple concussions; 

16 ‘‘(ii) the actions a student should take 

17 in response to sustaining a concussion, in18 cluding the notification of school personnel; 

19 and 

20 ‘‘(iii) the signs and symptoms of a 

21 concussion; and 

22 ‘‘(C) may include— 

23 ‘‘(i) the definition of a concussion 

24 under section 8702(1); 


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1 ‘‘(ii) the means available to the stu2 dent to reduce the incidence or recurrence 

3 of a concussion; and 

4 ‘‘(iii) the effects of a concussion on 

5 academic learning and performance. 

6 ‘‘(3) RESPONSE TO A CONCUSSION.—If any 

7 school personnel of a public school in the State sus8 pect that a student has sustained a concussion dur9 ing a school-sponsored athletic activity or other 

10 school-sponsored activity— 

11 ‘‘(A) the student shall be— 

12 ‘‘(i) immediately removed from par13 ticipation in such activity; and 

14 ‘‘(ii) prohibited from resuming partici15 pation in school-sponsored athletic activi16 ties— 

17 ‘‘(I) on the day the student sus18 tained the concussion; and 

19 ‘‘(II) until the day the student is 

20 capable of resuming such participa21 tion, according to the student’s writ22 ten release, as described in para23 graphs (4) and (5); 


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1 ‘‘(B) the school personnel shall report to 

2 the concussion management team described 

3 under paragraph (1)(B)(i)— 

4 ‘‘(i) that the student may have sus5 tained a concussion; and 

6 ‘‘(ii) all available information with re7 spect to the student’s injury; and 

8 ‘‘(C) the concussion management team 

9 shall confirm and report to the parents of the 

10 student— 

11 ‘‘(i) the type of injury, and the date 

12 and time of the injury, suffered by the stu13 dent; and 

14 ‘‘(ii) any actions that have been taken 

15 to treat the student. 

16 ‘‘(4) RETURN TO ATHLETICS.—If a student en17 rolled in a public school in the State sustains a con18 cussion, before the student resumes participation in 

19 school-sponsored athletic activities, the relevant 

20 school personnel shall receive a written release from 

21 a health care professional, that— 

22 ‘‘(A) may require the student to follow a 

23 plan designed to aid the student in recovering 

24 and resuming participation in such activities in 

25 a manner that— 


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1 ‘‘(i) is coordinated, as appropriate, 

2 with periods of cognitive and physical rest 

3 while symptoms of a concussion persist; 

4 and 

5 ‘‘(ii) reintroduces cognitive and phys6 ical demands on the student on a progres7 sive basis so long as such increases in exer8 tion do not cause the re-emergence or 

9 worsening of symptoms of a concussion; 

10 and 

11 ‘‘(B) states that the student is capable of 

12 resuming participation in such activities once 

13 the student is asymptomatic. 

14 ‘‘(5) RETURN TO ACADEMICS.—If a student en15 rolled in a public school in the State has sustained 

16 a concussion, the concussion management team (as 

17 described under paragraph (1)(B)(i)) of the school 

18 shall consult with and make recommendations to rel19 evant school personnel and the student to ensure 

20 that the student is receiving the appropriate aca21 demic supports, including— 

22 ‘‘(A) providing for periods of cognitive rest 

23 over the course of the school day; 

24 ‘‘(B) providing modified academic assign25 ments; 


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1 ‘‘(C) allowing for gradual reintroduction to 

2 cognitive demands; and 

3 ‘‘(D) other appropriate academic accom4 modations or adjustments. 

5 ‘‘(b) CERTIFICATION REQUIREMENT.—The certifi6 cation required under subsection (a) shall be in writing 

7 and include a description of the law or regulation that 

8 meets the requirements of subsection (a). 

9 ‘‘SEC. 8702. DEFINITIONS. 

10 ‘‘In this part: 

11 ‘‘(1) CONCUSSION.—The term ‘concussion’ 

12 means a type of mild traumatic brain injury that— 

13 ‘‘(A) is caused by a blow, jolt, or motion 

14 to the head or body that causes the brain to 

15 move rapidly in the skull; 

16 ‘‘(B) disrupts normal brain functioning 

17 and alters the physiological state of the indi18 vidual, causing the individual to experience— 

19 ‘‘(i) any period of observed or self-re20 ported— 

21 ‘‘(I) transient confusion, dis22 orientation, or altered consciousness; 

23 ‘‘(II) dysfunction of memory 

24 around the time of injury; or 


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1 ‘‘(III) disruptions in gait or bal2 ance; and 

3 ‘‘(ii) symptoms that may include— 

4 ‘‘(I) physical symptoms, such as 

5 headache, fatigue, or dizziness; 

6 ‘‘(II) cognitive symptoms, such 

7 as memory disturbance or slowed 

8 thinking; 

9 ‘‘(III) emotional symptoms, such 

10 as irritability or sadness; or 

11 ‘‘(IV) difficulty sleeping; and 

12 ‘‘(C) occurs— 

13 ‘‘(i) with or without the loss of con14 sciousness; and 

15 ‘‘(ii) during participation— 

16 ‘‘(I) in a school-sponsored ath17 letic activity; or 

18 ‘‘(II) in any other activity with19 out regard to whether the activity 

20 takes place on school property or dur21 ing the school day. 

22 ‘‘(2) HEALTH CARE PROFESSIONAL.—The term 

23 ‘health care professional’ means a physician (includ24 ing a medical doctor or doctor of osteopathic medi25 cine), registered nurse, athletic trainer, physical 


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1 therapist, neuropsychologist, or other qualified indi2 vidual— 

3 ‘‘(A) who is registered, licensed, certified, 

4 or otherwise statutorily recognized by the State 

5 to provide medical treatment; and 

6 ‘‘(B) whose scope of practice and experi7 ence includes the diagnosis and management of 

8 traumatic brain injury among a pediatric popu9 lation. 

10 ‘‘(3) PARENT.—The term ‘parent’ means bio11 logical or adoptive parents or legal guardians, as de12 termined by applicable State law. 

13 ‘‘(4) PUBLIC SCHOOL.—The term ‘public 

14 school’ means an elementary school or secondary 

15 school (as such terms are so defined), including any 

16 public charter school that is considered a local edu17 cational agency under State law, and which is not an 

18 Internet- or computer-based community school. 

19 ‘‘(5) SCHOOL PERSONNEL.—The term ‘school 

20 personnel’ includes teachers, principals, administra21 tors, counselors, social workers, psychologists, 

22 nurses, librarians, coaches and athletic trainers, and 

23 other support staff who are employed by a school or 

24 who perform services for the school on a contractual 

25 basis. 


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1 ‘‘(6) SCHOOL-SPONSORED ATHLETIC ACTIV2 ITY.—The term ‘school-sponsored athletic activity’ 

3 means— 

4 ‘‘(A) any physical education class or pro5 gram of a public school; 

6 ‘‘(B) any athletic activity authorized by a 

7 public school that takes place during the school 

8 day on the school’s property; 

9 ‘‘(C) any activity of an extracurricular 

10 sports team, club, or league organized by a pub11 lic school; and 

12 ‘‘(D) any recess activity of a public 

13 school.’’. 

14 SEC. 4. HEAT ADVISORY AND HEAT ACCLIMATIZATION 

15 GUIDELINES FOR SECONDARY SCHOOL ATH16 LETICS. 

17 Part H of title VIII of the Elementary and Secondary 

18 Education Act of 1965, as added by this Act, is amended 

19 by adding at the end the following: 

20 ‘‘Subpart 2—Heat Advisory and Heat Acclimatization 

21 Procedures 

22 ‘‘SEC. 8711. HEAT ADVISORY AND HEAT ACCLIMATIZATION 

23 PROCEDURES. 

24 ‘‘(a) MATERIALS AND RESOURCES.—The Secretary, 

25 in consultation with the Secretary of Health and Human 


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1 Services and the Secretary of Commerce, acting through 

2 the Administrator of the National Oceanic and Atmos3 pheric Administration, shall develop public education and 

4 awareness materials and resources to be disseminated to 

5 school administrators, school health professionals, coach6 es, families, and other appropriate individuals. The mate7 rials and resources shall include— 

8 ‘‘(1) information regarding the health risks as9 sociated with exposure to excessive heat and exces10 sive humidity, as defined by the National Weather 

11 Service; 

12 ‘‘(2) tips and recommendations on how to avoid 

13 heat-related illness, including proper hydration and 

14 access to the indoors or cooling stations; and 

15 ‘‘(3) strategies for ‘heat-acclimatization’ that 

16 address the types and duration of athletic activities 

17 considered to be generally safe during periods of ex18 cessive heat. 

19 ‘‘(b) IMPLANTATION OF EXCESSIVE HEAT ACTION

20 PLAN.—Public schools shall develop an ‘excessive heat ac21 tion plan’ to be used during all school-sponsored athletic 

22 activities that occur during periods of excessive heat and 

23 humidity. Such plan shall— 

24 ‘‘(1) be in effect prior to full scale athletic par25 ticipation by students, including any practices or 


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1 scrimmages prior to the beginning of the school’s 

2 academic year; and 

3 ‘‘(2) apply to days when an Excessive Heat 

4 Watch or Excessive Heat Warning or Advisory has 

5 been issued by the National Weather Service for the 

6 area in which the athletic event is to take place.’’. 

7 SEC. 5. GUIDELINES FOR EMERGENCY ACTION PLANS FOR 

8 ATHLETICS. 

9 The Secretary of Health and Human Services, acting 

10 through the Director of the Centers for Disease Control 

11 and Prevention, and in consultation with the Secretary of 

12 Education, shall work with stakeholder organizations to 

13 develop recommended guidelines for the development of 

14 emergency action plans for youth athletics. Such plans 

15 shall include the following: 

16 (1) Identifying the characteristics of an athletic, 

17 medical, or health emergency. 

18 (2) Procedures for accessing emergency commu19 nication equipment and contacting emergency per20 sonnel, including providing directions to the specific 

21 location of the athletic venue that is used by the 

22 youth athletic group or organization. 

23 (3) Instructions for accessing and utilizing ap24 propriate first-aid, CPR techniques, and emergency 


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1 equipment, such as an automatic external 

2 defibrillator. 

3 SEC. 6. GUIDELINES FOR SAFE ENERGY DRINK USE BY 

4 YOUTH ATHLETES. 

5 (a) DEVELOPMENT OF GUIDELINES.—Not later than 

6 2 years after the date of enactment of this Act, the Sec7 retary of Health and Human Services, acting through the 

8 Commissioner of Food and Drugs, in collaboration with 

9 the Director of the Centers for Disease Control and Pre10 vention and other related Federal agencies, may— 

11 (1) develop information about the ingredients 

12 used in energy drinks and the potential side effects 

13 of energy drink consumption; and 

14 (2) recommend guidelines for the safe use of 

15 energy drink consumption by youth, including youth 

16 participating in athletic activities. 

17 (b) DISSEMINATION OF GUIDELINES.—Not later 

18 than 6 months after any information or guidelines are de19 veloped under subsection (a), the Secretary of Education, 

20 in coordination with the Commissioner of Food and 

21 Drugs, shall disseminate such information and guidelines 

22 to school administrators, educators, school health profes23 sionals, coaches, families, and other appropriate individ24 uals. 


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1 (c) ENERGY DRINK DEFINED.—In this section, the 

2 term ‘‘energy drink’’ means a class of products in liquid 

3 form, marketed as either a dietary supplement or conven4 tional food under the Federal Food, Drug, and Cosmetic 

5 Act (21 U.S.C. 301 et seq.), for the stated purpose of pro6 viding the consumer with added physical or mental energy, 

7 and that contains each of the following: 

8 (1) Caffeine. 

9 (2) At least 1 of the following ingredients: 

10 (A) Taurine. 

11 (B) Guarana. 

12 (C) Ginseng. 

13 (D) B vitamins such as cobalamin, folic 

14 acid, pyridoxine, or niacin. 

15 (E) Any other ingredient added for the ex16 press purpose of providing physical or mental 

17 energy, as determined during the development 

18 of guidelines in accordance with subsection (a). 

19 (d) PROHIBITION ON RESTRICTION OF MARKETING

20 AND SALES OF ENERGY DRINKS.—Nothing in this section 

21 shall be construed to provide the Commissioner of Food 

22 and Drugs with authority to regulate the marketing and 

23 sale of energy drinks, beyond such authority as such Com24 missioner has as of the date of enactment of this Act. 


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1 SEC. 7. RESEARCH RELATING TO YOUTH ATHLETIC SAFE2 TY. 

3 (a) EXPANSION OF CDC RESEARCH.—Section 301 of 

4 the Public Health Service Act (42 U.S.C. 241) is amended 

5 by adding at the end the following: 

6 ‘‘(i) The Secretary, acting through the Director of the 

7 Centers for Disease Control and Prevention, shall expand, 

8 intensify, and coordinate surveillance activities with re9 spect to cardiac conditions, concussions, and heat-related 

10 illnesses among youth athletes.’’. 

11 (b) REPORT TO CONGRESS.—Not later than 6 years 

12 after the date of enactment of this Act, the Director of 

13 the Centers for Disease Control and Prevention and the 

14 Secretary of Education shall prepare and submit a joint 

15 report to Congress that includes information, with respect 

16 to the 5-year period beginning after the date of enactment 

17 of this Act, about— 

18 (1) the number of youth fatalities that occur 

19 while a youth is participating in an athletic activity, 

20 and the cause of each of those deaths; 

21 (2) the number of catastrophic injuries sus22 tained by a youth while the youth is participating in 

23 an athletic activity, and the cause of such injury; 

24 (3) demographic information on youth fatalities 

25 and catastrophic injury; 


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1 (4) national surveillance data on the incidence 

2 and prevalence of cardiomyopathy and other cardiac 

3 conditions, concussions, and heat-related illnesses 

4 among youth athletes; and 

5 (5) effectiveness of CPR and AED usage in 

6 cardiac emergency situations among young athletes. 

7 SEC. 8. CONFORMING AMENDMENTS. 

8 The table of contents in section 2 of the Elementary 

9 and Secondary Education Act of 1965 is amended by in10 serting after the item relating to section 8601 the fol11 lowing new items: 

‘‘PART H—YOUTH ATHLETIC SAFETY

‘‘SUBPART 1—STATE REQUIREMENTS FOR THE PREVENTION AND TREATMENT

OF CONCUSSIONS

‘‘Sec. 8701. Minimum State requirements. 

‘‘Sec. 8702. Definitions. 

‘‘SUBPART 2—HEAT ADVISORY AND HEAT ACCLIMATIZATION PROCEDURES

‘‘Sec. 8711. Heat advisory and heat acclimatization procedures.’’. 

Æ 


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