‘‘(ii) the means available to the stu-
dent to reduce the incidence or recurrence 
of a concussion; and 
‘‘(iii) the effects of a concussion on 
academic learning and performance. 
‘‘(3) RESPONSE
TO
A
CONCUSSION.—If any 
school personnel of a public school in the State sus-
pect that a student has sustained a concussion dur-
ing a school-sponsored athletic activity or other 
school-sponsored activity— 
‘‘(A) the student shall be— 
‘‘(i) immediately removed from par-
ticipation in such activity; and 
‘‘(ii) prohibited from resuming partici-
pation in school-sponsored athletic activi-
ties— 
‘‘(I) on the day the student sus-
tained the concussion; and 
‘‘(II) until the day the student is 
capable of resuming such participa-
tion, according to the student’s writ-
ten release, as described in para-
graphs (4) and (5); 
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‘‘(B) the school personnel shall report to 
the concussion management team described 
under paragraph (1)(B)(i)— 
‘‘(i) that the student may have sus-
tained a concussion; and 
‘‘(ii) all available information with re-
spect to the student’s injury; and 
‘‘(C) the concussion management team 
shall confirm and report to the parents of the 
student— 
‘‘(i) the type of injury, and the date 
and time of the injury, suffered by the stu-
dent; and 
‘‘(ii) any actions that have been taken 
to treat the student. 
‘‘(4) RETURN TO ATHLETICS.—If a student en-
rolled in a public school in the State sustains a con-
cussion, before the student resumes participation in 
school-sponsored athletic activities, the relevant 
school personnel shall receive a written release from 
a health care professional, that— 
‘‘(A) may require the student to follow a 
plan designed to aid the student in recovering 
and resuming participation in such activities in 
a manner that— 
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‘‘(i) is coordinated, as appropriate, 
with periods of cognitive and physical rest 
while symptoms of a concussion persist; 
and 
‘‘(ii) reintroduces cognitive and phys-
ical demands on the student on a progres-
sive basis so long as such increases in exer-
tion do not cause the re-emergence or 
worsening of symptoms of a concussion; 
and 
‘‘(B) states that the student is capable of 
resuming participation in such activities once 
the student is asymptomatic. 
‘‘(5) RETURN TO ACADEMICS.—If a student en-
rolled in a public school in the State has sustained 
a concussion, the concussion management team (as 
described under paragraph (1)(B)(i)) of the school 
shall consult with and make recommendations to rel-
evant school personnel and the student to ensure 
that the student is receiving the appropriate aca-
demic supports, including— 
‘‘(A) providing for periods of cognitive rest 
over the course of the school day; 
‘‘(B) providing modified academic assign-
ments; 
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‘‘(C) allowing for gradual reintroduction to 
cognitive demands; and 
‘‘(D) other appropriate academic accom-
modations or adjustments. 
‘‘(b) CERTIFICATION REQUIREMENT.—The certifi-
cation required under subsection (a) shall be in writing 
and include a description of the law or regulation that 
meets the requirements of subsection (a). 
‘‘SEC. 8702. DEFINITIONS. 
‘‘In this part: 
‘‘(1) 
CONCUSSION.—The 
term 
‘concussion’ 
means a type of mild traumatic brain injury that— 
‘‘(A) is caused by a blow, jolt, or motion 
to the head or body that causes the brain to 
move rapidly in the skull; 
‘‘(B) disrupts normal brain functioning 
and alters the physiological state of the indi-
vidual, causing the individual to experience— 
‘‘(i) any period of observed or self-re-
ported— 
‘‘(I) transient confusion, dis-
orientation, or altered consciousness; 
‘‘(II) 
dysfunction 
of 
memory 
around the time of injury; or 
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‘‘(III) disruptions in gait or bal-
ance; and 
‘‘(ii) symptoms that may include— 
‘‘(I) physical symptoms, such as 
headache, fatigue, or dizziness; 
‘‘(II) cognitive symptoms, such 
as memory disturbance or slowed 
thinking; 
‘‘(III) emotional symptoms, such 
as irritability or sadness; or 
‘‘(IV) difficulty sleeping; and 
‘‘(C) occurs— 
‘‘(i) with or without the loss of con-
sciousness; and 
‘‘(ii) during participation— 
‘‘(I) in a school-sponsored ath-
letic activity; or 
‘‘(II) in any other activity with-
out regard to whether the activity 
takes place on school property or dur-
ing the school day. 
‘‘(2) HEALTH CARE PROFESSIONAL.—The term 
‘health care professional’ means a physician (includ-
ing a medical doctor or doctor of osteopathic medi-
cine), registered nurse, athletic trainer, physical 
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therapist, neuropsychologist, or other qualified indi-
vidual— 
‘‘(A) who is registered, licensed, certified, 
or otherwise statutorily recognized by the State 
to provide medical treatment; and 
‘‘(B) whose scope of practice and experi-
ence includes the diagnosis and management of 
traumatic brain injury among a pediatric popu-
lation. 
‘‘(3) PARENT.—The term ‘parent’ means bio-
logical or adoptive parents or legal guardians, as de-
termined by applicable State law. 
‘‘(4) 
PUBLIC
SCHOOL.—The 
term 
‘public 
school’ means an elementary school or secondary 
school (as such terms are so defined), including any 
public charter school that is considered a local edu-
cational agency under State law, and which is not an 
Internet- or computer-based community school. 
‘‘(5) SCHOOL PERSONNEL.—The term ‘school 
personnel’ includes teachers, principals, administra-
tors, 
counselors, 
social 
workers, 
psychologists, 
nurses, librarians, coaches and athletic trainers, and 
other support staff who are employed by a school or 
who perform services for the school on a contractual 
basis. 
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‘‘(6) SCHOOL-SPONSORED
ATHLETIC
ACTIV-
ITY.—The term ‘school-sponsored athletic activity’ 
means— 
‘‘(A) any physical education class or pro-
gram of a public school; 
‘‘(B) any athletic activity authorized by a 
public school that takes place during the school 
day on the school’s property; 
‘‘(C) any activity of an extracurricular 
sports team, club, or league organized by a pub-
lic school; and 
‘‘(D) any recess activity of a public 
school.’’. 
SEC. 4. HEAT ADVISORY AND HEAT ACCLIMATIZATION 
GUIDELINES FOR SECONDARY SCHOOL ATH-
LETICS. 
Part H of title VIII of the Elementary and Secondary 
Education Act of 1965, as added by this Act, is amended 
by adding at the end the following: 
‘‘Subpart 2—Heat Advisory and Heat Acclimatization 
Procedures 
‘‘SEC. 8711. HEAT ADVISORY AND HEAT ACCLIMATIZATION 
PROCEDURES. 
‘‘(a) MATERIALS AND RESOURCES.—The Secretary, 
in consultation with the Secretary of Health and Human 
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Services and the Secretary of Commerce, acting through 
the Administrator of the National Oceanic and Atmos-
pheric Administration, shall develop public education and 
awareness materials and resources to be disseminated to 
school administrators, school health professionals, coach-
es, families, and other appropriate individuals. The mate-
rials and resources shall include— 
‘‘(1) information regarding the health risks as-
sociated with exposure to excessive heat and exces-
sive humidity, as defined by the National Weather 
Service; 
‘‘(2) tips and recommendations on how to avoid 
heat-related illness, including proper hydration and 
access to the indoors or cooling stations; and 
‘‘(3) strategies for ‘heat-acclimatization’ that 
address the types and duration of athletic activities 
considered to be generally safe during periods of ex-
cessive heat. 
‘‘(b) IMPLANTATION OF EXCESSIVE HEAT ACTION 
PLAN.—Public schools shall develop an ‘excessive heat ac-
tion plan’ to be used during all school-sponsored athletic 
activities that occur during periods of excessive heat and 
humidity. Such plan shall— 
‘‘(1) be in effect prior to full scale athletic par-
ticipation by students, including any practices or 
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scrimmages prior to the beginning of the school’s 
academic year; and 
‘‘(2) apply to days when an Excessive Heat 
Watch or Excessive Heat Warning or Advisory has 
been issued by the National Weather Service for the 
area in which the athletic event is to take place.’’. 
SEC. 5. GUIDELINES FOR EMERGENCY ACTION PLANS FOR 
ATHLETICS. 
The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control 
and Prevention, and in consultation with the Secretary of 
Education, shall work with stakeholder organizations to 
develop recommended guidelines for the development of 
emergency action plans for youth athletics. Such plans 
shall include the following: 
(1) Identifying the characteristics of an athletic, 
medical, or health emergency. 
(2) Procedures for accessing emergency commu-
nication equipment and contacting emergency per-
sonnel, including providing directions to the specific 
location of the athletic venue that is used by the 
youth athletic group or organization. 
(3) Instructions for accessing and utilizing ap-
propriate first-aid, CPR techniques, and emergency 
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equipment, 
such 
as 
an 
automatic 
external 
defibrillator. 
SEC. 6. GUIDELINES FOR SAFE ENERGY DRINK USE BY 
YOUTH ATHLETES. 
(a) DEVELOPMENT OF GUIDELINES.—Not later than 
2 years after the date of enactment of this Act, the Sec-
retary of Health and Human Services, acting through the 
Commissioner of Food and Drugs, in collaboration with 
the Director of the Centers for Disease Control and Pre-
vention and other related Federal agencies, may— 
(1) develop information about the ingredients 
used in energy drinks and the potential side effects 
of energy drink consumption; and 
(2) recommend guidelines for the safe use of 
energy drink consumption by youth, including youth 
participating in athletic activities. 
(b) DISSEMINATION
OF GUIDELINES.—Not later 
than 6 months after any information or guidelines are de-
veloped under subsection (a), the Secretary of Education, 
in coordination with the Commissioner of Food and 
Drugs, shall disseminate such information and guidelines 
to school administrators, educators, school health profes-
sionals, coaches, families, and other appropriate individ-
uals. 
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(c) ENERGY DRINK DEFINED.—In this section, the 
term ‘‘energy drink’’ means a class of products in liquid 
form, marketed as either a dietary supplement or conven-
tional food under the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.), for the stated purpose of pro-
viding the consumer with added physical or mental energy, 
and that contains each of the following: 
(1) Caffeine. 
(2) At least 1 of the following ingredients: 
(A) Taurine. 
(B) Guarana. 
(C) Ginseng. 
(D) B vitamins such as cobalamin, folic 
acid, pyridoxine, or niacin. 
(E) Any other ingredient added for the ex-
press purpose of providing physical or mental 
energy, as determined during the development 
of guidelines in accordance with subsection (a). 
(d) PROHIBITION ON RESTRICTION OF MARKETING 
AND SALES OF ENERGY DRINKS.—Nothing in this section 
shall be construed to provide the Commissioner of Food 
and Drugs with authority to regulate the marketing and 
sale of energy drinks, beyond such authority as such Com-
missioner has as of the date of enactment of this Act. 
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