II 

114TH CONGRESS 

1ST SESSION S. 436 

To promote youth athletic safety and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

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 ABOUT 

2 CHILDREN’S CARDIAC CONDITIONS TO IN3 CREASE EARLY DIAGNOSIS AND PREVENT 

4 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–6. MATERIALS AND EDUCATIONAL RESOURCES 

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

12 SCHOOL ADMINISTRATORS, EDUCATORS, 

13 COACHES, STUDENTS AND FAMILIES. 

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

15 18 months after the date of enactment of the SAFE 

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

17 the Centers for Disease Control and Prevention (referred 

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

19 with national patient advocacy and health professional or20 ganizations experts in cardiac health, including all forms 

21 of cardiomyopathy, shall develop public education and 

22 awareness materials and resources to be disseminated to 

23 school administrators, educators, school health profes24 sionals, coaches, families, and other appropriate individ25 uals. The materials and resources shall include— 


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1 ‘‘(1) information to increase education and 

2 awareness of high risk cardiac conditions and ge3 netic heart rhythm abnormalities that may cause 

4 sudden cardiac arrest in children, adolescents, and 

5 young adults, including— 

6 ‘‘(A) cardiomyopathy; 

7 ‘‘(B) conditions such as long QT syn8 drome, Brugada syndrome, catecholaminergic 

9 polymorphic ventricular tachycardia, short QT 

10 syndrome, Wolff-Parkinson-White syndrome; 

11 and 

12 ‘‘(C) other cardiac conditions, as deter13 mined by the Secretary; 

14 ‘‘(2) sudden cardiac arrest and cardiomyopathy 

15 risk assessment worksheets to increase awareness of 

16 warning signs and symptoms of life-threatening car17 diac conditions in order to prevent acute cardiac epi18 sodes and increase the likelihood of early detection 

19 and treatment; 

20 ‘‘(3) information and training materials for 

21 emergency interventions such as cardiopulmonary re22 suscitation (referred to in this section and in section 

23 399V–7 as ‘CPR’) and ways to obtain certification 

24 in CPR delivery; 


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1 ‘‘(4) guidelines and training materials for the 

2 proper placement and use of life-saving emergency 

3 equipment such as automatic external defibrillators 

4 (referred to in this section and section 399V–7 as 

5 ‘AED’) and ways to obtain certification on AED 

6 usage; and 

7 ‘‘(5) recommendations for how schools, 

8 childcare centers, and local youth athletic organiza9 tions can develop and implement cardiac emergency 

10 response plans, including recommendations about 

11 how a local educational agency (as defined in section 

12 9101 of the Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 7801)) can apply such re14 sponse plans to all students enrolled in the public 

15 schools served by such local educational agency. 

16 ‘‘(b) DEVELOPMENT OF MATERIALS AND RE17 SOURCES.—The Secretary, acting through the Director, 

18 shall develop and update, as necessary and appropriate, 

19 the materials and resources described in subsection (a) 

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

21 to establish an advisory panel that includes the following 

22 members: 

23 ‘‘(1) Representatives from national patient ad24 vocacy organizations, including— 


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

2 to pediatrics; 

3 ‘‘(B) not less than 1 organization dedi4 cated to school-based wellness; 

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

6 to cardiac research, health, and awareness; and 

7 ‘‘(D) not less than 1 organization dedi8 cated to advocacy and support for individuals 

9 with cognitive impairments or developmental 

10 disabilities. 

11 ‘‘(2) Representatives of medical professional so12 cieties, including pediatrics, cardiology, emergency 

13 medicine, and sports medicine. 

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

15 Control and Prevention. 

16 ‘‘(4) Representatives of other relevant Federal 

17 agencies. 

18 ‘‘(5) Representatives of schools, such as admin19 istrators, educators, sports coaches, and nurses. 

20 ‘‘(c) DISSEMINATION OF MATERIALS AND RE21 SOURCES.—Not later than 30 months after the date of 

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

23 through the Director, shall disseminate the materials and 

24 resources described in subsection (a) in accordance with 

25 the following: 


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1 ‘‘(1) DISTRIBUTION BY STATE EDUCATIONAL

2 AGENCIES.—The Secretary shall make available such 

3 written materials and resources to State educational 

4 agencies (as defined in section 9101 of the Elemen5 tary and Secondary Education Act of 1965 (20 

6 U.S.C. 7801)) to distribute— 

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

8 school health professionals, coaches, and par9 ents, guardians, or other caregivers, the cardio10 myopathy education and awareness materials 

11 and resources described in subsection (a); 

12 ‘‘(B) to parents, guardians, or other care13 givers, the cardiomyopathy and sudden cardiac 

14 arrest risk assessment worksheets described in 

15 subsection (a)(2); 

16 ‘‘(C) to school administrators, school 

17 health professionals, and coaches— 

18 ‘‘(i) the information and training ma19 terials described in subsection (a)(3); and 

20 ‘‘(ii) the guidelines and training mate21 rials described in subsection (a)(4); and 

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

23 coaches, and youth sports organizations, the 

24 recommendations described in subsection (a)(5). 


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1 ‘‘(2) DISSEMINATION TO HEALTH DEPART2 MENTS AND PROFESSIONALS.—The Secretary shall 

3 make available such materials and resources to State 

4 and local health departments, pediatricians, hos5 pitals, and other health professionals, such as nurses 

6 and first responders. 

7 ‘‘(3) DISSEMINATION OF INFORMATION

8 THROUGH THE INTERNET.— 

9 ‘‘(A) CDC.— 

10 ‘‘(i) IN GENERAL.—The Secretary, 

11 acting through the Director, shall post the 

12 materials and resources developed under 

13 subsection (a) on the public Internet 

14 website of the Centers for Disease Control 

15 and Prevention. 

16 ‘‘(ii) MAINTENANCE OF INFORMA17 TION.—The Director shall maintain on 

18 such Internet website such additional and 

19 updated information regarding the re20 sources and materials under subsection (a) 

21 as necessary to ensure such information 

22 reflects the latest standards. 

23 ‘‘(B) STATE EDUCATIONAL AGENCIES.— 

24 State educational agencies are encouraged to 

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1 nating the information and resources developed 

2 under subsection (a) to the general public, with 

3 an emphasis on targeting dissemination to fam4 ilies of students and students. 

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

6 information regarding the resources and materials 

7 under subsection (a) shall be made available in a 

8 format and in a manner that is readily accessible to 

9 individuals with cognitive and sensory impairments. 

10 ‘‘(d) REPORT TO CONGRESS.—Not later than 3 years 

11 after the date of the enactment of this section, and annu12 ally thereafter, the Secretary shall submit to Congress a 

13 report identifying the steps taken to increase public edu14 cation and awareness of higher risk cardiac conditions 

15 that may lead to sudden cardiac arrest. 

16 ‘‘(e) 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 9101 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 ‘‘(f) 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 2016 

9 through 2021. 

10 ‘‘SEC. 399V–7. GRANTS TO PROVIDE FOR CARDIAC TRAIN11 ING AND EQUIPMENT IN PUBLIC ELEMEN12 TARY, MIDDLE, AND SECONDARY SCHOOLS. 

13 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Sec14 retary, in consultation with the Secretary of Education, 

15 shall award grants to eligible local educational agencies— 

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

17 to purchase AEDs and implement nationally recog18 nized CPR and AED training courses; or 

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

20 to award funding to eligible schools that are served 

21 by the local educational agency to purchase AEDs 

22 and implement nationally recognized CPR and AED 

23 training courses. 

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

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


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1 school receiving grant funds under this section through 

2 an eligible local educational agency, shall use the grant 

3 funds— 

4 ‘‘(1) to pay a nationally recognized training or5 ganization, such as the American Heart Association, 

6 the American Red Cross, or the National Safety 

7 Council, for instructional, material, and equipment 

8 expenses associated with the training necessary to 

9 receive CPR and AED certification in accordance 

10 with the materials and resources developed under 

11 section 399V–6(a)(3); or 

12 ‘‘(2) if the local educational agency or an eligi13 ble school served by such agency meets the condi14 tions described under subsection (c)(2), to purchase 

15 AED devices for eligible schools and pay the costs 

16 associated with obtaining the certifications necessary 

17 to meet the guidelines established in section 399V– 

18 6(a)(4). 

19 ‘‘(c) GRANT ELIGIBILITY.— 

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

21 grant under this section, a local educational agency 

22 shall submit an application to the Secretary at such 

23 time, in such manner, and containing such informa24 tion and certifications as such Secretary may rea25 sonably require. 


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

2 eligible to use grant funds to purchase AED devices 

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

4 educational agency shall demonstrate to the Sec5 retary that such local educational agency or an eligi6 ble school served by such agency has or intends to 

7 implement an AED training program in conjunction 

8 with a CPR training program and has or intends to 

9 implement an emergency cardiac response plan as of 

10 the date of the submission of the grant application. 

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

12 award grants under this section to eligible local edu13 cational agencies based on 1 or more of the following pri14 orities: 

15 ‘‘(1) A demonstrated need for initiating a CPR 

16 or AED training program in an eligible school or a 

17 community served by an eligible school, which may 

18 include— 

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

20 automated AED on school grounds; 

21 ‘‘(B) schools in which there are a signifi22 cant number of students on school grounds dur23 ing a typical day, as determined by the Sec24 retary; 


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1 ‘‘(C) schools for which the average time re2 quired for emergency medical services (as de3 fined in section 330J(f)) to reach the school is 

4 greater than the average time required for 

5 emergency medical services to reach other pub6 lic facilities in the community; and 

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

8 under the Rural Access to Emergency Devices 

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

10 ‘‘(2) A demonstrated need for continued sup11 port of an existing CPR or AED training program 

12 in an eligible school or a community served by an el13 igible school. 

14 ‘‘(3) A demonstrated need for expanding an ex15 isting CPR or AED training program by adding 

16 training in the use of an AED. 

17 ‘‘(4) Previously identified opportunities to en18 courage and foster partnerships with and among 

19 community organizations, including emergency med20 ical service providers, fire and police departments, 

21 nonprofit organizations, public health organizations, 

22 parent-teacher associations, and local and regional 

23 youth sports organizations to aid in providing train24 ing in both CPR and AED usage and in obtaining 

25 AED equipment. 


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1 ‘‘(5) Recognized opportunities to maximize the 

2 use of funds provided under this section. 

3 ‘‘(e) MATCHING FUNDS REQUIRED.— 

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

5 grant under this section, an eligible local educational 

6 agency shall provide matching funds from non-Fed7 eral sources in an amount equal to not less than 25 

8 percent of the total grant amount. 

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

10 requirement of paragraph (1) for an eligible local 

11 educational agency if the number of children counted 

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

13 Secondary Education Act of 1965 for the local edu14 cational agency is 20 percent or more of the total 

15 number of children aged 5 to 17, inclusive, served by 

16 the eligible local educational agency. 

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

18 ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGEN19 CY.—The term ‘eligible local educational agency’ 

20 means a local educational agency, as defined in sec21 tion 9101 of the Elementary and Secondary Edu22 cation Act of 1965, that has established a plan to 

23 follow the guidelines and carry out the recommenda24 tions described under section 399V–6(a) regarding 

25 cardiac emergencies. 


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

2 school’ means a public elementary, middle, or sec3 ondary school, including any public charter school 

4 that is considered a local educational agency under 

5 State law, and which is not an Internet- or com6 puter-based community school. 

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

8 are authorized to be appropriated to carry out this section 

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

10 2016 through 2021. 

11 ‘‘SEC. 399V–8. REQUIREMENT TO INCLUDE CARDIAC CONDI12 TIONS IN EXISTING RESEARCH AND INVES13 TIGATIONS. 

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

15 Prevention shall develop data collection methods, to be in16 cluded in the School Health Policies and Practices Survey 

17 authorized under section 301, that are being carried out 

18 as of the date of enactment of the SAFE PLAY Act, to 

19 determine the degree to which school administrators, edu20 cators, school health professionals, coaches, families, and 

21 other appropriate individuals have an understanding of 

22 cardiac issues. Such data collection methods shall be de23 signed to collect information about— 


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

2 of a cardiac condition, such as cardiomyopathy, cardiac 

3 arrest, and sudden cardiac death; 

4 ‘‘(b) the dissemination of training described in section 

5 399V–6(a)(3) regarding the proper performance of 

6 cardiopulmonary resuscitation; and 

7 ‘‘(c) the dissemination of guidelines and training de8 scribed in section 399V–6(a)(4) regarding the placement 

9 and use of automatic external defibrillators.’’. 

10 SEC. 3. PREVENTION AND TREATMENT OF YOUTH ATHLETE 

11 CONCUSSIONS. 

12 Part E of title IX of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7881 et seq.) is amend14 ed— 

15 (1) by striking the heading relating to subpart 

16 2 and inserting the following: ‘‘Subpart 3— 

17 Other Provisions’’; and 

18 (2) by inserting after subpart 1, the following 

19 new subpart: 

20 ‘‘Subpart 2—State Requirements for the Prevention 

21 and Treatment of Concussions 

22 ‘‘SEC. 9511. MINIMUM STATE REQUIREMENTS. 

23 ‘‘(a) IN GENERAL.—Beginning for fiscal year 2016, 

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

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


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1 fiscal year, certify to the Secretary in accordance with sub2 section (b) that the State has in effect and is enforcing 

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

4 following requirements: 

5 ‘‘(1) LOCAL EDUCATIONAL AGENCY CONCUS6 SION SAFETY AND MANAGEMENT PLAN.—Each local 

7 educational agency in the State (including each pub8 lic charter school that is considered a local edu9 cational agency under State law), in consultation 

10 with members of the community in which the local 

11 educational agency is located, and taking into con12 sideration the guidelines of the Centers for Disease 

13 Control and Prevention’s Pediatric Mild Traumatic 

14 Brain Injury Guideline Workgroup, shall develop 

15 and implement a standard plan for concussion safety 

16 and management for public schools served by the 

17 local educational agency that includes— 

18 ‘‘(A) the education of students, school ad19 ministrators, educators, coaches, youth sports 

20 organizations, parents, and school personnel 

21 about concussions, including— 

22 ‘‘(i) training of school personnel on 

23 evidence-based concussion safety and man24 agement, including prevention, recognition, 

25 risk, academic consequences, and response 


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1 for both initial and any subsequent concus2 sions; and 

3 ‘‘(ii) using, maintaining, and dissemi4 nating to students and parents release 

5 forms, treatment plans, observation, moni6 toring, and reporting forms, recordkeeping 

7 forms, and post-injury and prevention fact 

8 sheets about concussions; 

9 ‘‘(B) supports for each student recovering 

10 from a concussion, including— 

11 ‘‘(i) guiding the student in resuming 

12 participation in school-sponsored athletic 

13 activities and academic activities with the 

14 help of a multidisciplinary concussion man15 agement team, which shall include— 

16 ‘‘(I) a health care professional, 

17 the parents of such student, and other 

18 relevant school personnel; and 

19 ‘‘(II) an individual who is as20 signed by the public school in which 

21 the student is enrolled to oversee and 

22 manage the recovery of the student; 

23 ‘‘(ii) providing appropriate academic 

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1 introducing cognitive demands on such stu2 dent; and 

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

4 concussion persist for a substantial period 

5 of time— 

6 ‘‘(I) evaluating the student in ac7 cordance with section 614 of the Indi8 viduals with Disabilities Education 

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

10 whether the student is eligible for 

11 services under part B of such Act (20 

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

13 ‘‘(II) evaluating whether the stu14 dent is eligible for services under sec15 tion 504 of the Rehabilitation Act of 

16 1973 (29 U.S.C. 794); and 

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

18 neurological medical specialty and sports health 

19 organizations, designed to ensure, with respect 

20 to concussions, the uniformity of safety stand21 ards, treatment, and management, including— 

22 ‘‘(i) disseminating information on con23 cussion safety and management to the 

24 public; and 


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1 ‘‘(ii) applying best practice and uni2 form standards for concussion safety and 

3 management to all students enrolled in the 

4 public schools served by the local edu5 cational agency. 

6 ‘‘(2) POSTING OF INFORMATION ON CONCUS7 SIONS.—Each public school in the State shall post 

8 on school grounds, in a manner that is visible to stu9 dents and school personnel, and make publicly avail10 able on the school website, information on concus11 sions that— 

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

13 evidence or consensus (such as information 

14 made available by the Centers for Disease Con15 trol and Prevention); 

16 ‘‘(B) shall include— 

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

18 concussion or multiple concussions; 

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

20 in response to sustaining a concussion, in21 cluding the notification of school personnel; 

22 and 

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

24 concussion; and 

25 ‘‘(C) may include— 


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1 ‘‘(i) the definition of a concussion 

2 under section 9512(1); 

3 ‘‘(ii) the means available to the stu4 dent to reduce the incidence or recurrence 

5 of a concussion; and 

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

7 academic learning and performance. 

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

9 school personnel of a public school in the State sus10 pect that a student has sustained a concussion dur11 ing a school-sponsored athletic activity or other 

12 school-sponsored activity— 

13 ‘‘(A) the student shall be— 

14 ‘‘(i) immediately removed from par15 ticipation in such activity; and 

16 ‘‘(ii) prohibited from resuming partici17 pation in school-sponsored athletic activi18 ties— 

19 ‘‘(I) on the day the student sus20 tained the concussion; and 

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

22 capable of resuming such participa23 tion, according to the student’s writ24 ten release, as described in para25 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. 9512. DEFINITIONS. 

10 ‘‘In this subpart: 

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’ has the meaning given such term in sec21 tion 4151, except that such term includes coaches 

22 and athletic trainers. 

23 ‘‘(6) SCHOOL-SPONSORED ATHLETIC ACTIV24 ITY.—The term ‘school-sponsored athletic activity’ 

25 means— 


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1 ‘‘(A) any physical education class or pro2 gram of a public school; 

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

4 public school that takes place during the school 

5 day on the school’s property; 

6 ‘‘(C) any activity of an extracurricular 

7 sports team, club, or league organized by a pub8 lic school; and 

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

10 school.’’. 

11 SEC. 4. HEAT ADVISORY AND HEAT ACCLIMATIZATION 

12 GUIDELINES FOR SECONDARY SCHOOL ATH13 LETICS. 

14 Part E of Title IX of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 7881 et seq.) is amend16 ed by adding at the end the following: 

17 ‘‘SEC. 9537. HEAT ADVISORY AND HEAT ACCLIMATIZATION 

18 PROCEDURES. 

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

20 in consultation with the Secretary of Health and Human 

21 Services and the Secretary of Commerce, acting through 

22 the Administrator of the National Oceanic and Atmos23 pheric Administration, shall develop public education and 

24 awareness materials and resources to be disseminated to 

25 school administrators, school health professionals, coachVerDate Sep 11 2014 21:24 Feb 23, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S436.IS S436

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1 es, families, and other appropriate individuals. The mate2 rials and resources shall include— 

3 ‘‘(1) information regarding the health risks as4 sociated with exposure to excessive heat and exces5 sive humidity, as defined by the National Weather 

6 Service; 

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

8 heat-related illness, including proper hydration and 

9 access to the indoors or cooling stations; and 

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

11 address the types and duration of athletic activities 

12 considered to be generally safe during periods of ex13 cessive heat. 

14 ‘‘(b) IMPLANTATION OF EXCESSIVE HEAT ACTION

15 PLAN.—Public schools shall develop an ‘excessive heat ac16 tion plan’ to be used during all school-sponsored athletic 

17 activities that occur during periods of excessive heat and 

18 humidity. Such plan shall— 

19 ‘‘(1) be in effect prior to full scale athletic par20 ticipation by students, including any practices or 

21 scrimmages prior to the beginning of the school’s 

22 academic year; and 

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

24 Watch or Excessive Heat Warning or Advisory has 


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1 been issued by the National Weather Service for the 

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

3 SEC. 5. GUIDELINES FOR EMERGENCY ACTION PLANS FOR 

4 ATHLETICS. 

5 The Secretary of Health and Human Services, acting 

6 through the Director of the Centers for Disease Control 

7 and Prevention, and in consultation with the Secretary of 

8 Education, shall work with stakeholder organizations to 

9 develop recommended guidelines for the development of 

10 emergency action plans for youth athletics. Such plans 

11 shall include the following: 

12 (1) Identifying the characteristics of an athletic, 

13 medical, or health emergency. 

14 (2) Procedures for accessing emergency commu15 nication equipment and contacting emergency per16 sonnel, including providing directions to the specific 

17 location of the athletic venue that is used by the 

18 youth athletic group or organization. 

19 (3) Instructions for accessing and utilizing ap20 propriate first-aid, CPR techniques, and emergency 

21 equipment, such as an automatic external 

22 defibrillator. 


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

2 YOUTH ATHLETES. 

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

4 2 years after the date of enactment of this Act, the Sec5 retary of Health and Human Services, acting through the 

6 Commissioner of Food and Drugs, in collaboration with 

7 the Director of the Centers for Disease Control and Pre8 vention and other related Federal agencies, may— 

9 (1) develop information about the ingredients 

10 used in energy drinks and the potential side effects 

11 of energy drink consumption; and 

12 (2) recommend guidelines for the safe use of 

13 energy drink consumption by youth, including youth 

14 participating in athletic activities. 

15 (b) DISSEMINATION OF GUIDELINES.—Not later 

16 than 6 months after any information or guidelines are de17 veloped under subsection (a), the Secretary of Education, 

18 in coordination with the Commissioner of Food and 

19 Drugs, shall disseminate such information and guidelines 

20 to school administrators, educators, school health profes21 sionals, coaches, families, and other appropriate individ22 uals. 

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

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

25 form, marketed as either a dietary supplement or conven26 tional food under the Federal Food, Drug, and Cosmetic 


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1 Act (21 U.S.C. 301 et seq.), for the stated purpose of pro2 viding the consumer with added physical or mental energy, 

3 and that contains each of the following: 

4 (1) Caffeine. 

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

6 (A) Taurine. 

7 (B) Guarana. 

8 (C) Ginseng. 

9 (D) B vitamins such as cobalamin, folic 

10 acid, pyridoxine, or niacin. 

11 (E) Any other ingredient added for the ex12 press purpose of providing physical or mental 

13 energy, as determined during the development 

14 of guidelines in accordance with subsection (a). 

15 (d) PROHIBITION ON RESTRICTION OF MARKETING

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

17 shall be construed to provide the Commissioner of Food 

18 and Drugs with authority to regulate the marketing and 

19 sale of energy drinks, beyond such authority as such Com20 missioner has as of the date of enactment of this Act. 

21 SEC. 7. RESEARCH RELATING TO YOUTH ATHLETIC SAFE22 TY. 

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

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

25 by adding at the end the following: 


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1 ‘‘(f) The Secretary, acting through the Director of 

2 the Centers for Disease Control and Prevention, shall, to 

3 the extent practicable, expand, intensify, and coordinate 

4 the activities of the Centers for Disease Control and Pre5 vention with respect to cardiac conditions, concussions, 

6 and heat-related illnesses among youth athletes.’’. 

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

8 after the enactment of this Act, the Director of the Cen9 ters for Disease Control and Prevention and the Secretary 

10 of Education shall prepare and submit a joint report to 

11 Congress that includes information, with respect to the 5- 

12 year period beginning after the date of enactment of this 

13 Act, about— 

14 (1) the number of youth fatalities that occur 

15 while a youth is participating in an athletic activity, 

16 and the cause of each of those deaths; and 

17 (2) the number of catastrophic injuries sus18 tained by a youth while the youth is participating in 

19 an athletic activity, and the cause of such injury. 

20 SEC. 8. CONFORMING AMENDMENTS. 

21 The table of contents in section 2 of the Elementary 

22 and Secondary Education Act of 1965 is amended— 

23 (1) by striking the item relating to the heading 

24 of subpart 2 of part E of title IX and inserting the 

25 following new item: 

‘‘Subpart 3—Other Provisions’’; 


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1 and 

2 (2) by inserting after the item relating to sec3 tion 9506, the following new items: 

‘‘Subpart 2—State Requirements for the Prevention and Treatment of 

Concussions 

‘‘Sec. 9511. Minimum State requirements. 

‘‘Sec. 9512. Definitions.’’. 

Æ 


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